RES 2011-1049 - Addition of beer garden to Horsemen's Park STATE OF NEBRASKA R E , E I !' E D
Dave HeinemanUG I ' ,,, �: NEBRASKA LIQUOR CONTROL COMMISSION
• Governor Hobert B. Rupe Executive Director
301 Centennial Mall South, 5th Floor
P.O. Box 95046
CITY C L E ,K Lincoln, Nebraska 68509-5046
OMAHA, NEbf,acKI. Phone (402) 471-2571
Fax (402) 471-2814
TRS USER 800 833-7352 (TTY)
August 9, 2011
OMAHA CITY CLERK
1819 FARNAM STREET LC-1
OMAHA NE 68183
Dear Clerk
The below licensee has requested an ADDITION:
LICENSE #: C-39822
LICENSEE NAMe: OMAHA EXPOSITION & RACING •
TRADE NAME: HORSEMAN'S PARK
ADDRESS: 6303 Q STREET
CITY/COUNTY: OMAHA / DOUGLAS
PHONE: 402-734-8464
OLD DESCRIPTION: ENTIRE SIMULCAST BLDG APPROX 165' X 270' PLUS CLUBHOUSE TO THE
WEST APPROX 101' X 76' INCLUDING A BEER GARDEN APPROX 12' X 14'TO THE EAST AND
SIDEWALK CAFE APPROX 40' X 50'TO THE SOUTH
NEW DESCRIPTION: SEE APPLICATION
Please present this request to your city/village/county board and send us a copy of their
recommendation.
If recommendation of denial or no recommendation is made, the Commission has no alternative but to
cease processing this request.
Sincerely,
NE QU CO ROL COMMISSION
andy bert
icensing Division
rs
cc: file
Janice Wiebusch Bob Batt William Austin
Commissioner Chairman Commissioner
An Equal Opportunity/Affirmative Action Employer
FORM 35-4001
REV. 12/99
ction with the proposed license.
Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's
Office 7 days in advance of the public hearing.
Sincerely yours,
Buster Brown
City Clerk
BJB:clj
OME FOR THE AGED,INDIGENT
OR VETERANS OR'UNIVERSITY r;e
4
(Authorized Signature) (Date)
emises.
12. The Tenant shall not permit or engage in any activity that will effect an increase in the rate of
insurance for the Building in which the premises is contained nor shall the Tenant permit or
commit any nuisance thereon.
1
LIQUOR LICENSED ESTABLISHMENT HISTORY
LICENSE #C 39822
OMAHA EXPOSITION AND RACING, INC 6303 Q ST 68117 731-2900
DBA HORSEMEN'S PARK
NLCC ORDERS
09-21-00-10-DAY SUSP RE: SELLING TO MINOR * 09-28-00-PYMNT OF FINE * 04-10-07 -
REQUEST TO STORE EXCESS INVENTORY IN A REFRIGERATED TRUCK PROVIDED BY
LAWLESS DISTR., IN PARKING LOT HAS BEEN ADMINISTRATIVELY APPROVED (TEMP
USE DURING THE KENTUCKY DERBY 05-04 & 05-07 &THE BELMONT STAKES 06-08 & 09-
07) * 07-01-08 -MGR (GREGORY HOSCH) APPROVED * 04-10-10 -CHANGE IN CORPORATE
STOCKHOLDER -GENE MCCLOUD PRES *
OTHER ACTIVITIES
06-17-08 -MGR APP (GREGORY HOSCH) CCID #812 APPROVED * 08-12-08 REQ ADD'S
BEER GARDEN APPROX 12' X 14' TO THE EAST AND SIDEWALK CAFE AREA APPROX 40'
X 50' TO THE SOUTH CCID#1068 -APP READ -AMENDMENT (TO CHANGE FROM A BEER
GARDEN TO A SIDEWALK CAFE) -- AMENDMENT APPROVED & SECONDED -MOTION &
SECOND WITHDRAWN - APPROVED WITH THE WAIVER OF THE FENCE REQUIREMENT
FOR A BEER GARDEN * 01-26-10 -KENO APP RES #52 ADOPTED * 02-12-10 -KENO
OPENED * 08-30-11 -REQ ADD OF AN IRREGULAR SHAPED BEER GARDEN APPROX 550'
X 775'WITH EVENT ONLY FENCING *
LICENSED PREMISES
ENTIRE SIMULCAST BLDG APPROX 165' X 270' PLUS CLUBHOUSE TO THE WEST
APPROX 101' X 76', INCLUDING A BEER GARDEN APPROX 12' X 14' TO THE EAST AND A
SIDEWALK CAFE APPROX 40'X 50'TO THE SOUTH
OFFICERS:
MGR-GREGORY HOSCH, 6406 SOUTH 150TH STREET, 68137 (H) 894-5726 * PRES -GENE
MCCLOUD, 609 S GUNBARREL, GRAND ISLAND, NE 68801 (H) 308-380-0928 * VP -STEVE
HALL * EX SECR-RICHELLE HOSCH *TREAS -PATRICIA SHEFLAND * DIR'S -STAN VENIS &
EARL BAKER * CORP ADDRESS-6406 SO 150TH STR, 68137 * * * * (OLD- 2005-2005
RENEWALS * PRES-ROBERT LEE) * (2008-2009 RENEWAL OLD -TREAS/MGR-RICHARD
MOORE) *(2010-2011-RENEWAL-OLD-PRES-WILLIAM VONNOY)
City Clerk's
Office 7 days in advance of the public hearing.
Sincerely yours,
Buster Brown
City Clerk
BJB:clj
OME FOR THE AGED,INDIGENT
OR VETERANS OR'UNIVERSITY r;e
4
(Authorized Signature) (Date)
emises.
12. The Tenant shall not permit or engage in any activity that will effect an increase in the rate of
insurance for the Building in which the premises is contained nor shall the Tenant permit or
commit any nuisance thereon.
1
-•. _ P iPlt9rm
APPLICATION FOR ADDITION
TO LIQUOR LICENSE Office Use
RECEIVED
NEBRASKA UQUOR CONTROL COMMISSION
301 CENTENNIAL MALL SOUTH
BOX LI AUG (15 2091
LINCOLN,N NE E 68509-5046 AUG
PHONE:(402)471-2571
FAX:(402)471-2814 I�IaSRA ��
Website: www.icc.ne.gov SUOIR
CONTROLCOI MIISS(ON
Application:
• Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission
• Must include a copy of the lease or deed showing ownership of area to be added
o This is still required even if it's the same as on file with our office
• Must include simple sketch showing existing licensed area and area to be added,must include
outside dimensions in feet(not square feet),direction north. No blue prints.
• May include a letter of explanation
_
L C 398z2
LIQUOR .._.___ _ _ .. .. .
LICENSE#�.---
—
OMAHA EXPOSITION&RACING
LICENSEE NAME
TRADE NAME; HORSEMEN'S PARK
PREMISE ADDRESS 1
6303 Q STREET
OMAHA,NE 68117 CITY
j GREG HOSCH
CONTACTPERSON c. . _ . ._._ _ ,_- _ --- _.__ _, _ _ .. ..W_.._..._.._... ...___
(402)734-8464
PHONE NUMBER OF CONTACT PERSON F T__z__--_---- _----
Complete the following questions:
1) Are you adding on to your building? I Yes ® . No
• Include a sketeh of the area to be added showing: .
o existing building
o outside dimensions(in feet)
o direction north
2) Are you adding an.outdoor area? L Yes E No
If an outdoor area(check one of the following)
012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
include,but are not restricted to sand volleyball,horseshoe.pits...)
( < 2g019 1
1100014026
commit any nuisance thereon.
1
D 012.08"Sidewalk cafe"ghail mean an outdoor area included in licensed premises,which is used by a restaurant or
hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a permanent
fence,wall,railing,rope or chain,defining the licensed area,provided that one open entrance not to exceed eight(8) feet
shall be allowed.
EVENT ONLY FENCING-APPROPRIATE FENCING IN
What type of permanent fencing will you be using?
ACCORDANCE WITH THE LIQ COMM GUIDELINES AND CITY OF OMAHA ORDINANCES WILL BE INSTALLED FOR ALL EVENTS
• Include a sketch of the area to be added showing:
o existing building
o outside dimensions (in feet) RECEIVED
o direction north
AUG � 211
NEBRAS;�%LIQUOR
OON�RO�OON!lIISSRON
Print Name of Signatureilk
Signatu'• of`1.nsee or Officer
State of Nebraska
•
County of `L.Do l
The forgoing' trument wasycknoxle e before
me this // a. "
Date
ry blic ature
Affix.Seat Here
GENERAL NOTARY-State of Nebraska
aI GINGER GUILFOYLE
My Comm.Exp.Aug.15,2011
2
_.__ _, _ _ .. ..W_.._..._.._... ...___
(402)734-8464
PHONE NUMBER OF CONTACT PERSON F T__z__--_---- _----
Complete the following questions:
1) Are you adding on to your building? I Yes ® . No
• Include a sketeh of the area to be added showing: .
o existing building
o outside dimensions(in feet)
o direction north
2) Are you adding an.outdoor area? L Yes E No
If an outdoor area(check one of the following)
012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
include,but are not restricted to sand volleyball,horseshoe.pits...)
( < 2g019 1
1100014026
commit any nuisance thereon.
1
,‘.
rt,
. , • .
#9 All persons wishing to purchase alcohol will be required to have a wrist ban issued by
Horemetkes.personnel after presenting appropriate identification establishing age 21 or over. man
No one without a wristband will be able to purchase alcoholic beverages. Security
ASURAGM° 51.1:101
NE R
V1f4
. - personnel will be provided by Horsemen's Park;
1 .
1 ' CONTROLCOMMIISSION
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2) Are you adding an.outdoor area? L Yes E No
If an outdoor area(check one of the following)
012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
include,but are not restricted to sand volleyball,horseshoe.pits...)
( < 2g019 1
1100014026
commit any nuisance thereon.
1
• ADDENDUM TO LEASE AGREEMENT
Nebraska HBPA & Omaha Exposition and Racing, Inc. IVED '
Addendum as of April 6, 2011
AUG 052011
NEBRA°:cAL%QUOR
This agreement represents an addendum to the Lease Agreer0@NTF.OWASSION
into in September of 2007, between the Nebraska Horsemen's Benevolent&
Protective Association, a non-profit corporation (Lessor) and Omaha Exposition
and Racing, Inc., a Nebraska non-profit corporation (Lessee).
WHEREAS Lessor and Lessee have previously entered into a lease for the
premises located at 6303 "Q"Street, Omaha, Nebraska 68117.
WHEREAS the parties desire to modify provisions of the Lease Agreement
writing as they pertain to the term of the Lease Agreement; and
NOW THEREFORE, the parties agree as follows:
1.) The term of the Lease Agreement shall be modified to extend its
provisions until the 1st day of January, 2014, unless terminated earlier
as provided by law;
2.) The total base rent under this Lease Agreement shall be modified to
$130,000.00 per month beginning March 2011; each payment due on
or about the 1st of each month during the term of this Lease Agreement
commencing on November 1, 2010, and a similar payment due each
month thereafter;
3.)All other terms and provisions of the original Lease Agreement shall
remain in full force and effect unless otherwise modified by the parties
hereto in writing.
IN WITNESS WHEREOF, the parties hereto have set their hands this
G0 �ay of April, 2011.
NEBRASKA HORSEMEN'S BENEVOLENT
& PROTECTIVE ASSOCIATION, Lessor
5/‘4-7-
ferrilFuck W ness
OMAHA EXPOSITION RACING, INC.
Lessee
Grego sch Witness
012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
include,but are not restricted to sand volleyball,horseshoe.pits...)
( < 2g019 1
1100014026
commit any nuisance thereon.
1
• RECEIVED
AUG 052011
NERRAMLIQUQR
CONTROLCOP MIISSION
LEASE AGREEMENT
This lease agreement("Lease") is made and entered into this 20 day of
September, 2007,by and between the Nebraska Horsemen's Benevolent and
Protective Association, a nonprofit Nebraska Corporation, having its
principal offices at 6406 S. 150th Street, Omaha,Nebraska 68137;
("Lessor"), and Omaha Exposition and Racing, Inc., a Nebraska non-profit
corporation with its principal office and place of business at 6303 Q Street,
Omaha,Nebraska 68117; ("Lessee").
WITNESS
Lessor does hereby lease to Lessee, and Lessee does hereby take and
lease from Lessor, for the term, at the rental, and pursuant to the articles
hereinafter set forth, the premises hereinafter defined.
ARTICLE 1; PREMISES.
Lessor does hereby lease to Lessee premises whose address is 6303 Q
Street, Omaha,Nebraska 68117, and legal description is more fully
described in attached Exhibit"A" (legal description of the property in
question), "B" (Site plan of the simulcast facility and clubhouse), "C"
(Site plan of simulcast facility with surrounding parking area and
racetrack), "D" (Site plan of grandstand, clubhouse,jockey's quarters,
and paddock), and"E" (Site plan of three(3)horse barns and test
barn).
1
effect unless otherwise modified by the parties
hereto in writing.
IN WITNESS WHEREOF, the parties hereto have set their hands this
G0 �ay of April, 2011.
NEBRASKA HORSEMEN'S BENEVOLENT
& PROTECTIVE ASSOCIATION, Lessor
5/‘4-7-
ferrilFuck W ness
OMAHA EXPOSITION RACING, INC.
Lessee
Grego sch Witness
012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
include,but are not restricted to sand volleyball,horseshoe.pits...)
( < 2g019 1
1100014026
commit any nuisance thereon.
1
JUL. e.c:Lub .3bYf`t Huh:bunt:vv ., F'HRK - ------
- NO.553 r'., /b
RECEIVED
•
AUG 052011
ARTICLE 2: TERM.
A. This lease shall be for a term of three (3) years beginninFoirhiEsirL1QU0R
first day of November, 2007, and ending on the first da rTR0 G0MM11SSt®N
November, 2010.
B. In the absence of a written agreement to the contrary, if Lessee
remains in possession of the premises with the consent of the
Lessor after expiration,termination, or cancellation of this lease,
Lessee shall be deemed to be occupying the premises as a Lessee
from month-to-month at the rental rate provided in Article 3
herein and subject to the conditions, provisions, and obligations of
this Lease insofar as the same are applicable to a month-to-month
tenancy.
ARTICLE 3: RENT.
The total base rent wider this lease is One Hundred Fifty-Four
Thousand dollars ($154,000)per month. Lessee agrees to pay rent to
Lessor at 6406 South 150th Street, Omaha, Nebraska 68137, or at any
other place Lessor may designate in writing. Said payment is due on
or about the first day of each month commencing November 1, 2007.
In addition to the base rent, Lessee shall pay all operating expenses of
the real estate of which the premises are a part, as well as parking
areas and other areas of the grounds. "Operating Expenses" shall
mean all costs of maintaining and operating the real estate; including,
but not limited to all taxes and special assessments levied upon the
real estate, fixtures, and personal property used by the landlord at the
aforementioned real estate, all insurance costs, all costs of labor,
material and supplies for maintenance,repair,replacement, and
operation of the real estate, including, but not limited to,line painting,
lighting, snow removal, landscaping, cleaning, depreciation of
machinery and equipment used in such maintenance, repair and
replacement and management costs. Operating expenses shall not
include property additions and capital improvements to the real estate,
alterations made for specific tenants, depreciation of real estate,debt
service on long term debt or income taxes paid by landlord.
ARTICLE 4: OCCUI'ANCE AND USE.
2
JUL. e.euou :3: bHN HON5LIILN'b I-HhK NO.553 P.4/6
•
niece
neo
Lessee agrees that it will use the premises only for a simulcast and
live horse race operation and all incidental uses, unless Lessor AUG 0 52011
consents in writing to another use. Lessee shall not create, commlq
em
permit any hazard, nuisance or menace or waste to occur or exitci, 41Q11OR
about the premises. Lessee will, at its expense, maintain the premises MM1/SS,oiv
in a clean, orderly and sanitary condition, free of rodents, vermin, and
other pests; keep any garbage, trash,rubbish and refuse in secure
containers until removed; and have such garbage, trash, rubbish and
refuse removed as needed, on a regular basis, and at its cost.
ARTICLE 5: REPAIRS, ALTERATIONS, AND
RECONSTRUCTION.
A. Lessee shall, at its sole expense, keep the premises, (including
parking areas, drive ways,walkways, entrances, and exits), in good
order and repair, making all repairs, (structural or nonstructural),
alterations, replacements, and modifications at its own expense and
using materials and labor of a kind and quality equal to the original
work.
B. During the lease term and renewal terms, Lessee shall have the
right, after prior written consent of the Lessor, at its own expense
and without reimbursement from Lessor,to make such alterations,
changes, and further improvements to the Premises from time to
time considered necessary or desirable for Lessee's business on the
Premises. All proposed alterations, additions, or improvements to
the Premises shall be made only in conformity and compliance
with all applicable building laws,ordinances, and regulations. No
alteration or change to the premises shall be made which would
substantially lessen the value of the building and other assets
located on the premises. All alterations, improvements, changes,
or additions to the premises shall become a part of the premises,
and at the expiration or termination of the lease term or any
renewal term shall belong to the Lessor.
C. On the last day or sooner,termination of the term of this lease,
Lessee shall quit and surrender the premises and the buildings and
improvements then thereon in a reasonably clean and good
condition and repair including all Lessee's trade fixtures,
furnishings, removable equipment and removable machinery,
ordinary wear and tear excepted. Lessee agrees to repair any and
all material damage excluding ordinary wear and tear to the
3
'JUL. 2.2008 3:36PM • - 'HORSEF1EffS PARK • -..
--- ------ NU 553 F.Srb
• RECEIVED
premises or fixtures and furnishings prior to surrendering
premises. AUG 0 5 2011
NEBRA°:tAL QUQR
CONTROLCOMMIISSION
ARTICLE 6: COMPLIANCE WITH LAWS AND
AGREEMENTS.
Lessee shall comply with the provisions of all statutes, laws,
ordinances, and safety, health and fire codes and/or regulations
now or hereafter applicable to the premises, and shall also comply
with the material provisions of all recorded easements,
agreements, restrictions, or limitations affecting the premises,
(collectively, "Requirements"). Upon receipt of notice from any
duly constituted public authorities, Lessee shall comply with their
lawful requirements and save Lessor harmless from all penalties,
fines,costs, or damages resulting from Lessee's occupancy and
use of the premises. Lessee shall have the right to contest the
validity or application of any requirements by appropriate legal
proceedings diligently pursued, provided that upon final outcome
of such legal proceedings, Lessee shall comply with the provisions
of all orders,judgments or decrees resulting therefrom.
ARTICLE 7: COVENANT AGAINST LIENS.
If any mechanic's lien or other lien, charge or order for the
payment of money shall be fled against any portion of the
premises, then Lessee shall, at its own costs and expense,
promptly contest and diligently pursue the amount of validity of
same or cause the same to be discharged of record or bonded to
Lessor's reasonable satisfaction within ninety(90) days after
Lessee receives written notice of the filing thereof; provided,
however,that if the lienor commences forclosure proceedings,
then Lessee shall, within fifteen(15) days after demand, cause the
same to be discharged of record or bonded to Lessor's reasonable
satisfaction, and Lessee shall indemnify and save harmless Lessor
against and from all costs, liabilities, suits, penalties, claims and
demands on account hereof.
4
I -
essor.
C. On the last day or sooner,termination of the term of this lease,
Lessee shall quit and surrender the premises and the buildings and
improvements then thereon in a reasonably clean and good
condition and repair including all Lessee's trade fixtures,
furnishings, removable equipment and removable machinery,
ordinary wear and tear excepted. Lessee agrees to repair any and
all material damage excluding ordinary wear and tear to the
3
JUL. e.eauts d:,(P-Il HUNbLVILIY'5 rHKK r.b/b
ARTICLE 8: ACCESS TO PREMISES.
Lessor or Lessor's agents shall have the right to enter upon the
areas of the premises open to Lessee's customers at all reasonable
times to examine same and to exhibit the premises to prospective
purchasers and.prospective tenants, but in the case of prospective
tenants only during the last six(6)months of the term of this lease.
ARTICLE 9: ASSIGNMENT AND SUBLETTING.
Except as hereinafter set forth to the contrary, Lessee will not
assign or in any manner transfer this lease, in whole or in part, nor
sublet all or any part of the premises,nor license concession or
lease departments therein, without, in each instance first obtaining
written consent of the Lessor. Lessor agrees to notify Lessee of
Lessor's decision as to whether or not to consent to a proposed
transfer, assignment, or subletting within fifteen(15) days after
Lessor receives notice of Lessee's request for such consent
together with such other information and documentation
reasonably required by Lessor with respect thereto to substantiate
the fact that the proposed transaction would fulfill the conditions
herein set forth. The consent by Lessor to any assignment,
subletting or other transfer above-described shall not constitute a
waiver of the requirement for such consent to any subsequent
assignment, subletting, or other transfer. Any assignment,
subletting, or other transfer, even with the consent of the Lessor,
shall not relieve Lessee from primary liability for the payment or
rent or from the primary obligation to keep and be bound by the
terms, conditions, and covenants of this lease. Lessor may assign
its interest hereunder to its banker as collateral security for loans
taken in the ordinary course of business.
ARTICLE 10: INDEMNITY.
A. Except as provided in paragraph 10(B)to the contrary,Lessee
shall indemnify and hold harmless Lessor from and against
any and all liability, damage penalties or judgments arising
from injury to person or property sustained by anyone in and
about the premises. Lessee shall, at its own cost and expense,
defend any and all suits or actions which may be brought
5
ssee's trade fixtures,
furnishings, removable equipment and removable machinery,
ordinary wear and tear excepted. Lessee agrees to repair any and
all material damage excluding ordinary wear and tear to the
3
•
JUL. G.CL+L'�G �•Jyrl'I nUK.dl"It'V t'HNK --" - ---- -' --- cc
fV6.��5 P.1./5
against Lessor or in which Lessor may by impleaded with
others upon such above-mentioned matter, claim, or claims.
B. Except for Lessor's affirmative acts, omission, or negligence
or the affirmative acts, omission or negligence of Lessor's
officers, agents,representatives, servants, employees or
contractors, for which Lessor shall remain liable, Lessor shall
not be responsible or liable for any damage or injury to any
property, fixtures, buildings or other improvements, or to any
person or persons, at any time on the premises, including any
damage or injury to Lessee or to any of Lessee's officers,
agents, servants, employees, contractors, customers, or
sublessees.
ARTICLE 11: INSURANCE,
A. Lessee shall provide or cause to be provided at its expense,
and keep in force during the term of this lease, general liability
insurance in a good and solvent insurance company or
companies licensed to do business in the State of Nebraska
selected by Lessee, in the amount of at least one million
(1,000,000) dollars, with respect to injury or death to one or
more persons or damage to property. Lessee agrees to deliver
certificates of such insurance to Lessor as of the rent
commencement date and thereafter at least ten(10) days prior
to the expiration of any such policy. Such insurance shall be
non cancelable without at least ten(10) days written notice to
Lessor and to each mortgagee.
B. During the tern of this Lease, Lessee shall cause all buildings
and improvements erected on the premises to be insured for
the benefit of Lessor and Lessee and their respective
mortageees, as their interest may appear, against loss or
damage by fire, extended coverage and all other perils
commonly included in the term "all risk", in the amount of full
replacement costs and value, (excluding foundations,
sidewalks, and parking areas). All proceeds payable at any
time and from time to time by an insurance company under
such policies shall be used by Lessee solely and exclusively to
repair, restore and/or replace any improvements upon or the
premises so as to restore insofar as its reasonably possible the
structure, function and appearance of such improvements.
6
ary wear and tear to the
3
JUL et9 is 4LOPI1 _ -PChb-E.T1EN'S YNF K • --- - -- - — NO.555 P.2!5
F'ECEIVED
Lessee shall provide any mortgagee's endorsement to such
policy as Lessor may from time to time require. AUG 0 5 2Qip
C. Any insurance required to be provided by Lessee pursuant to tVE6Rga{p,�
this lease may be provided by blanket insurance covering NrROLCoyyNil'1
premises and other locations of Lessee provided such blanket
insurance complies with all of the other requirements of this
lease with respect to the insurance involved.
ARTICLE 12 WAIVER OF SUBROGATION.
To the extent covered by insurance, Lessor and Lessee each
hereby waive all claims, causes of actions and rights of recovery
against the other, and their respective agents, officers and
employees, for any damage to or destruction of property which
shall occur on or about the premises and shall result from any of
the perils insurance under any and all policies of insurance
maintained by Lessor and Lessee, regardless of cause, including
the negligence and intentional wrongdoing of either party and
their respective agents, officers, and employees; provided,
however,that this waiver shall be null and void to the extent that
any such insurance shall be invalidated by reason of this waiver.
The parties hereto agree that their policies will include such
waiver clause or endorsement so long as the same shall be
obtainable without extra cost, or if extra cost shall be charge
therefore, so long as the other party pays such extra costs. If cost
shall be chargeable therefore, each party shall advise the other
thereof and of the amount of the extra costs, and the other party, at
its election, may pay the same but shall not be obligated to do so.
ARTICLE 13: DAMAGE OR DESTRUCTION.
In the event that, at any time during the term of this lease, the
buildings and improvements on the premises shall be destroyed or
damaged in whole or in part by fire or other cause,then unless
Lessor otherwise agrees in writing,Lessee shall restore, repair,
replace, or rebuild the buildings or improvements on the premises
so damaged. Notwithstanding the foregoing, if the buildings or
other improvements on the premises shall be materially damaged
or destroyed by fire or other cause which is insured during the last
one (1) year of the term of this lease or at any time during any
r and tear to the
3
JUL: c.c0a'd ;4PTr 1-1[.1E11EN PHRIT.• - -- — - - TIU:555 P.3/5
•
extended term, and if Lessee has maintained the insurance
required to be carried.by Lessee pursuant to Article 11 hereof,
then Lessee shall have the right, upon notice to Lessor within
thirty(30) days after the date of such damage or destructions, not
to restore or repair the buildings or improvements so damaged,
and instead Lessor shall receive a sum of equal to the full amount
of all insurance payable on account of such damage or destruction,
(excluding any portion specifically allocated to Lessee's trade
fixtures or contents). The term"materially damaged" shall mean
damage which equals or exceeds fifty (50) percent of the
replacement cost of buildings on the premises. Rent shall not
abate as a result of any such casualty, unless the lease is
terminated pursuant thereto.
ARTICLE 14: EMINENT DOMAIN
A. If the whole of the building and improvements constituting a
part of the premises shall be taken for any public or quasi-
public use under any statute or by right of eminent domain, or
by private purchase in lieu thereof, then this lease shall
automatically terminate as of the date that possession has been
taken. In the event of a partial taking(or purchase) of the
building and improvements constituting a part of the premises,
the direct result of which is the Lessee cannot, in Lessee's
reasonable judgment, continue to operate its business from the
premises in the manner and to the extent conducted prior to
such taking, then and in such event Lessee shall have the right,
but not the obligation, to terminate this lease by giving thirty
(30) days prior written notice of such termination to Lessor on
or prior to the date of such taking (or purchase), and upon the
giving of such notice of termination the terms of this lease
shall expire and come to an end as of the date of such taking or
notice, with the same force and effect as if said day had been
originally fixed herein as the expiration date of the term of this
lease. Subject to paragraph (B), in the event the lease shall
terminate or be terminated, Lessor shall receive all proceeds
relating to such taking(or purchase) and the rental shall, if and
when necessary, be adjusted to the date of the taking(or
purchase), and neither party shall have any further rights or
liabilities hereunder.
8
JUL. e.e.Wei ; J;401 1'1--- - rfiJK5ET9LIV' NU.555 P.4/5
B. In the event of a taking(or purchase), at any time during the
term of this Lease, resulting in the termination of this lease
pursuant to the provision of paragraph 14(A), the parties
hereto agree to cooperate in applying for and in prosecuting
any claim for such taking and further agree that each party
shall bear its expenses and costs, including attorney fees, in
connection herewith.
C. In the event of a partial taking (or purchase)not resulting in
the termination of this lease pursuant to the provisions of
paragraph 14(A),Lessee, shall, to the extent of the proceeds of
the taldng made available to Lessee, make all repairs to the
buildings and improvements on the premises affected by such
taking (or purchase)to the extent necessary to restore the same
to a complete architectural unit consistent with a similar
operations in Omaha,Nebraska(to the extent permitted,
however, taking into consideration the amount of land
remaining after any such taking or purchase). All
compensation available or paid to Lessor upon such partial
taking(or purchase) in excess of the amount thereof needed by
Lessee to repair and restore the buildings and improvements
shall be retained by Lessor.
D. In the event that any taking does not terminate this lease as
provided in this Article, Lessee shall use all proceeds and its
own funds to the extent necessary to restore the premises to a
condition as similar to that existing prior to such taking.
E. A voluntary conveyance by Lessor to a public utility, agency,
or authority under threat of a taking under the power of
eminent domain in lieu of formal proceedings shall be deemed
taking within the meaning of this Article 14.
ARTICLE 15: FIXTURES AND EOUTPIvIENT.
A. Lessee may at its own cost and expense, install and operate in
and about the premises such trade fixtures, appliances,
counters, lighting, signs, furnishings, kitchen equipment and
other equipment and fixtures as it shall deem necessary or
desirable in the conduct of its business.
B. Lessee shall have the right to erect and maintain upon the
premises at its own expense such sign(s) of such number,
character and appearance as it may determine and as may
9
f the taking(or
purchase), and neither party shall have any further rights or
liabilities hereunder.
8
JUL. G.CbUi� .7.w.rrri -•" 79VK7:.CPIt19`5 'MAW' ...-- -•- ---• ----• -- --- . .- -- .
NU.555 F'.. /5
comply with applicable restrictions, governmental rules and
regulations and zoning ordinances.
C. Upon the expiration, termination, or cancellation of this lease,
("Expiration"), Lessee shall surrender the premises and all
trade fixtures, fwnishings, appliances, signs, and equipment to
the Lessor. Inventory and supplies shall remain Lessee's sole
property.
ARTICLE 16: DEFAULTS.
A. In the event that Lessee shall fail to pay any installment of
Basic Rent when the same shall be due and payable and such
failure shall continue for a period of ten(10) clays after the
giving of written notice thereof by Lessor, or Lessee shall fail
to perform any of the other covenants, conditions and
agreements herein contained on Lessee's part to be kept or
performed and such failure shall continue without cure for a
period of thirty(30)days after notice by Lessor specifying in
detail the nature of such failure, then in addition to and not in
lieu of any other rights or remedies available to Lessor at law
or in equity, Lessor may, at its option, elect to terminate the
lease and upon the date of such termination,the term and
estate hereby vested in Lessee shall cease and any and all
other right,title and interest of Lessee hereunder shall
likewise cease without further notice of lapse of time, as fully
and with like effect as if in the entire terms of this lease had
elapsed,but Lessee shall continue to be liable to Lessor for
rent as provided by the laws and decisions of the State of
Nebraska.
B. Notwithstanding anything to the contrary contained in this
Article 16, in the event that any default(s) of Lessee shall be
cured in any manner hereinabove provided, such default(s)
shall be deemed never to have occurred and Lessee's rights
hereunder shall continue unaffected by such default(s).
C. Upon any termination of the term of this lease pursuant to
paragraph 16(A), or at any time thereafter, Lessor may, in
addition to and not in lieu of any other rights or remedies
Lessor shall have at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
JUL. c.cM10 . "4 rri nvr,z,triur NO.55E, H.1/;
may dispossess any or all occupants of the premises in the
manner prescribed in the statute relating to summary
proceedings, or similar statutes; but Lessee in such case shall
remain liable to Lessor as provided by the laws and decisions
of the State of Nebraska.
ARTICLE 17: PERFORMANCE BY LESSOR.
In addition to and not in lieu of the rights of Lessor pursuant to
Article 16 hereof, any act or payment required to be performed or
paid by Lessee pursuant to the terms of this lease which is not
performed or paid within the applicable grace period (if any) may
be performed or paid by Lessor at Lessee's sole reasonable cost
and expense after the giving by Lessor of at least thirty(30) days
prior notice of Lessor's intent to perform such act or make such
payment on behalf of Lessee unless Lessee fully performs such act
or makes such payment within such thirty (30) day period, and
Lessee agrees that, on demand,Lessee shall reimburse Lessor for
the entire cost and expense thereof plus interest thereon at fifteen
(15) percent per annum until repaid in full.
ARTICLE 18: QUIET ENJOYMENT.
Lessee, upon paying the basic rent and all other sums and charges
to be paid by it as herein provided, and observing and keeping in
all material respects all covenants, warranties, agreements and
conditions of this lease on its part to be kept, shall quietly have
and enjoy the premises during the term of this lease, without
hindrance or molestation by anyone lawfully claiming under or
through Lessor and.that Lessor shall indemnify Lessee from and
against any such claims.
ARTICLE 19: WAIVERS.
Failure of Lessor or Lessee to complain of any act or omission on
the part of the other party shall not be deemed to be a waiver by
said party of any of its rights hereunder. No waiver by Lessor or
Lessee at any time, express or implied, of any breach of any
provision of this lease shall be deemed a waiver of a breach of any
other provision of this lease or a consent to any subsequent breach
11
Upon any termination of the term of this lease pursuant to
paragraph 16(A), or at any time thereafter, Lessor may, in
addition to and not in lieu of any other rights or remedies
Lessor shall have at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
JUL. C.CCUGJ .3.43r"I'I MUMJLI'ILIY f HKY. IYV.JDb
of the same or any other provision. No acceptance by Lessor of
any partial payment shall constitute an accord or satisfaction but
shall only be deemed a partial payment on account.
ARTICLE 20: LIMITATION OF LIABILITY.
Notwithstanding anything to the contrary herein provided, it is
specifically understood and agreed that there shall be absolutely
no personal liability on the part of Lessor or any successor in
interest of Lessor, whether any such successor in interest shall be a
corporation, or an individual,joint venture, tenancy in common,
firm or partnership, general or limited, or on the part of the
members of such firm, partnership or joint venture with respect to
any of the terms, covenants, and conditions of this lease, and
Lessee shall look solely to the equity of Lessor or such successor
in interest in the premises for the satisfaction of each and every
remedy of Lessee in the event of any breach by Lessor or by such
successor interest of any of the terms, covenants, and conditions of
this lease to be performed by Lessor; such exculpation of personal
liability to be absolute and without any exception whatsoever.
Lessor agrees that if Lessee obtains a monetary judgment in court
against the Lessor, than Lessee shall have the right to offset the
amount of such judgment together with Lessee's actual costs and
expenses, (including attorney fees) against the rent next payable
by Lessee hereunder until the amount of such judgment has been
completely offset.
ARTICLE 21: RELATIONSHIP OF THE PAR'riES.
Nothing contained herein shall be deemed or construed by the
parties hereto, or by any third party, as creating the relationship of
principal and agent, or of partnership, or of joint venture, or of any
other relationship except as Lessor or Lessee, between the parties
hereto.
ARTICLE 22: SUBORDINATION OR LEASE TO
MORTGAGE.
Upon request of the Lessor, Lessee will subordinate its rights
hereunder and shall execute and deliver an agreement
12
the term of this lease pursuant to
paragraph 16(A), or at any time thereafter, Lessor may, in
addition to and not in lieu of any other rights or remedies
Lessor shall have at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
JUL. c.curio a•warn numr,r nu r'b rl-irc. IVO.b:b N.3/5
subordinating this lease to the lien or first mortgage hereafter in
force against the premises; provided, however, that any mortgage
covering the premises or other documents creating such lien, given
by Lessor shall provide that no mortgagee or holder of such
document shall disturb Lessee's possession of the premises in the
event of a default by Lessor under the mortgage or other
documents so long as Lessee is not then in default under the terms RECEW
ED
of this lease and thereafter continues to perform its obligations
hereunder; and, to that end, Lessee agrees to attorn to any such AUG 0 5 2.011
mortgagee, or holder of such document, of the premises in any NEVAO3+(pLiQUQR
such event.
cONTROLCOMMIlSSI0r
ARTICLE 23: NON-DISTURBANCE AND ATTORNMENT
AGREEMENTS.
Within thirty (30) days after written request of Lessee, Lessor
shall obtain a"Non-Disturbance Agreement" and"Attornment
Agreement" meeting the requirements of Article 22 hereof, from
Lessor's mortgagee or other holders of liens on the premises.
ARTICLE 24: FORCE MAJEURE.
In the event that Lessor or Lessee shall be delayed, hindered, or
prevented.from the performance of any act required hereunder,
(other than the payment of rent and other charges payable by
Lessee), by reason of strikes, lockouts, labor troubles, inability to
procure materials, failure of power, riots, insurrection, material
diverse Site conditions; the act, failure to act or default of the other
party, war, material adverse weather or any other reason beyond
the reasonable control of the party who is seeking additional time
for the performance of such act, whether similar or dissimilar to
the foregoing, then performance of such act shall be excused for
the period of the delay and the period of any such act shall be
extended for a period equivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
JUL- C.Cl7L'Itf ,7•'14r1'I MUM=ILII'S r'HKK,
recognized courier service or postage prepaid by United States
registered or certified mail,return receipt requested, directed to
the other party at is address first mentioned in the preamble of this
lease, or such other address as either party may designate by
notice given from time to time in accordance with this Article 25.
Any notice which is mailed,postage prepaid, shall be deemed
given and received there thirty(30) days after mailing unless the
party sending such notice has proof of earlier receipt. The rent
payable by Lessee hereunder shall be paid to Lessor at the same
place where notice to Lessor is herein required to be directed.
ARTICLE 26: CERTIFICATES.
Either party shall, without charge, at any time and from time to
time hereafter, within ten(10) days after written request of the
other, certify by written instrument duly executed and
acknowledged to any mortgagee or purchaser, or proposed
mortgagee or proposed purchaser, or any other person, firm or
corporation specified in such request; (a) as to whether this lease
has been supplemented or amended, and if so, the substance and
manner of such supplement or amendment; (b) as to the validity
and force and effect of this lease, in accordance with its tenor as
then constituted; (c) as to the existence of any default thereunder;
(d) as to the existence of any offsets,counterclaims or defense
thereto on the part of such other party; (e) as to the
commencement and expiration dates of the terms of this lease; and
(f)as to any other matters as may reasonably be so requested.
Any such certificate may be relied upon by the party requesting it
and any other person, from or corporation to whom the same may
be exhibited or delivered, and the contents of such certificate shall
be binding on the party executing same.
ARTICLE 27: GOVERNING LAW.
This lease and the performance thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
JUL. G.G�IU'G .�•44t'I'1 riJKr_tI'It1Y'ti YHKI\ NU.ti`b 5/5
ARTICLE 28: PARTIAL INVALIDITY.
If any term, covenant, condition or provision of this lease or the
application thereof to any person or circumstance shall, at any
time or to any extent, be invalid and unenforceable,the remainder
of this lease, or the application of such term or provision to
persons or circumstances other than those as to which it is held
invalid or unenforceable, shall not be affected thereby, and each
term covenant, conditions to provision of this lease shall be valid
and be enforced to the fullest extent permitted by law.
ARTICLE 29: SHORT-FORM LEASE.
The parties will, at any time, at the request of either one, promptly
execute, duplicate originals of any instrument, in recordable form,
which will constitute a short-form of lease reasonably satisfactory
to both parties.
ARTICLE 30; INTERPRETATION.
Wherever herein the singular number is used the same shall
include the plural, and the masculine gender shall include the
feminine and neutral genders, and vice-versa, as the context shall
require. The section headings used herein are for referenced and
convenience only, and shall not enter into the interpretation
hereof. The term "Lessor", whenever used herein, shall mean
only the owner at the time of Lessor's interest herein, and upon
any sale or assignment of the interest of Lessor herein, its
respective successors in interest and/or assigns shall during the
term of its ownership of its respective estate herein, be deemed to
be Lessor.
ARTICLE 31: ENTIRE AGREEMENT.
No oral or prior written matter shall have any force or effect.
Lessee agrees that it is not relying on any representations or
agreements other than those contained in this lease. This lease
shall not be modified or cancelled except by writing subscribed by
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
JUL. G.GI'JFid `,;4:>M1 HUKSU`LN'b r-'HKK No.557 P.1/2
ARTICLE 32: REAL ESTATE BROKER.
Lessor and Lessee mutually represent and acknowledge that no
real estate broker or salesman has participated in this transaction.
Lessor and Lessee shall indemnify and hold harmless the other
against any claims for commissions or"finder's fees" arising out
of the acts or dealings of the party hereto from whom
indemnification is sought.
ARTICLE 33: PARTIES.
Except as herein otherwise expressly provided the covenants,
conditions, and agreements contained in this lease shall bind and
inure to the benefit of Lessor and Lessee and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties hereto agree to the terms
considered above.
AS-SeeliffletirctElSOR
By: -"` AA.A.•'w• C. a\J
President
ATTEST:
0.2F.,.yee4aroz.e.i 4irey,gi „ifai:Preca
By:
Press nt
A IT EST:
\-0
16
ine gender shall include the
feminine and neutral genders, and vice-versa, as the context shall
require. The section headings used herein are for referenced and
convenience only, and shall not enter into the interpretation
hereof. The term "Lessor", whenever used herein, shall mean
only the owner at the time of Lessor's interest herein, and upon
any sale or assignment of the interest of Lessor herein, its
respective successors in interest and/or assigns shall during the
term of its ownership of its respective estate herein, be deemed to
be Lessor.
ARTICLE 31: ENTIRE AGREEMENT.
No oral or prior written matter shall have any force or effect.
Lessee agrees that it is not relying on any representations or
agreements other than those contained in this lease. This lease
shall not be modified or cancelled except by writing subscribed by
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
--- - -- - ---- -- ---- ------- ---- ---- - -
UL. G.GC/YJD J•'i.)f"T'1'----1-ll'lICJLi'It1Y-J r'MfFf�--- ,". ( P,2/2
STATE OF NEBRASKA )
) ss.
COUNTY OF DOUGLAS )
On this?9 y oft hz. , 2007, before me, a Notary
Public in and for said State,personally appeared Jerry Fudge,
President of the Nebraska Horsemen's Benevolent and Protective
Association known to me to be the person who executed the
within lease agreement on behalf of said corporation and
acknowledged to me that he executed the same for the purposes
therein stated.
GENERAL NOTARY-State of Nebraska "IP
R1GiEIlE L NOSCN i► G'ft �G/ �✓Y "?
Camm.Ekp.July 3,20R8
-----�-..— TARY PUBLIC
STATE OF NEBRASKA )
) ss.
COUNTY OF11DOUGLAS )
On this, Oay of 2007, before me, a Notary
Public in and for said State, personally appeared Bill Vannoy,
President of Omaha Exposition and Racing, Inc., known to me to
be the person who executed the within lease agreement on behalf
of said corporation and acknowledged to me that he executed the
same for the purposes therein stated.
4:ENERAVIC11.284)rliblebralka TAf RY PUBLIC.
*corm ew.July 3,2033
17
never used herein, shall mean
only the owner at the time of Lessor's interest herein, and upon
any sale or assignment of the interest of Lessor herein, its
respective successors in interest and/or assigns shall during the
term of its ownership of its respective estate herein, be deemed to
be Lessor.
ARTICLE 31: ENTIRE AGREEMENT.
No oral or prior written matter shall have any force or effect.
Lessee agrees that it is not relying on any representations or
agreements other than those contained in this lease. This lease
shall not be modified or cancelled except by writing subscribed by
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
CITY OF OMAHA RETAIL LIQUOR LICENSE APPLICANT'S
STATEMENT OF BUSINESS ACTIVITY
•
In accordance with Omaha City Ordinance section 15-23, this statement of business
activity is submitted to the Omaha City Council. Ordinance section 15-23 requires all applicants
for retail liquor licenses to submit a written statement describing all types of business or activity
that will be operated on the premises in conjunction with the proposed license. A failure to
include a business or activity will be considered by the City Council as the applicant's
representation that the omitted business or activity will not occur on the licensed premises
without City Council approval. Failure to operate consistent with this statement may be grounds
for cancellation,revocation, suspension,or non-renewal of the license(OMC § 15-42).
DESCRIBE ALL BUSINESS OR OTHER ACTIVITY THAT
WILL OCCUR ON THE LICENSED PREMISES.
v. ciJA 1-r ta/�ln. Fe
•
4w.An'cS WA
•
Continue on reverse side
Applicant's tt t�
• Signature&Title of . plicant or Au orized Representative
d corporation and acknowledged to me that he executed the
same for the purposes therein stated.
4:ENERAVIC11.284)rliblebralka TAf RY PUBLIC.
*corm ew.July 3,2033
17
never used herein, shall mean
only the owner at the time of Lessor's interest herein, and upon
any sale or assignment of the interest of Lessor herein, its
respective successors in interest and/or assigns shall during the
term of its ownership of its respective estate herein, be deemed to
be Lessor.
ARTICLE 31: ENTIRE AGREEMENT.
No oral or prior written matter shall have any force or effect.
Lessee agrees that it is not relying on any representations or
agreements other than those contained in this lease. This lease
shall not be modified or cancelled except by writing subscribed by
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
•
PLANNING DEPARTMENT REPORTECEI V
ED
DATE: AUGUST 11,2011 DUE DATE: AUGUST 18 2011
II AUG 18 AM 8: 52
CITY COUNCIL HRG AUGUST 30,2011
LOCATION: 6303 "0" STREET ;t�: " • : : :
LEGAL DESCRIPTION: TO ADD AN IRREGULAR SHAPED BEER GARDEN APPROX
• 550' X 775' WITH EVENT ONLY FENCING
APPLICANT: OMAHA EXPOSITION & RACING,INC.,DBA `HORSEMEN'S PARK"
REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR
LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: RACETRACK
THIS REQUEST DOES(X) D,OES NOT 0 PERTAIN TO AN OUT AREA
IF SIDEWALK CAFE: 1.2-O-W-LEASE (1"Y/-+-- PERMITS OBTAINED 11`-\-'142 2.4,e44V,
IF OUTSIDE: OUTSIDE AREA IS k) Q- FEET FROM THE NEAREST RESIDENCE
THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS '
(If not,do not proceed-Notify the City Clerk's Office and return this form)
********************************************************************************************************
ANNEXATION DATE:_ ORDINANCE NO. nl if within last 24 onths)
EXISTING ZONING: EXITIN _a I USE:
ADJACEN LAND fSE AND ZONING
NORT • r (� , • — ` � � IC."
T21A-- dZIG-
-
AST Y\
W r I
PARKING STALLS PROVIDED: C"(
EXISTING USE DOES( DOES NOT( )COMPLY WITH ZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S (� V
MEN'S D {� a
DATE SUBJECT PROPERTY WAS,POSTED: I ((j J ( I
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: D L�__---
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: .62 1�
(St Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH
SCHOOL 4.9 &.. -HOSPITAL e--, HOME FOR THE AGED,INDIGENT
OR VETERANS ci✓'� COLLEGE OR UNIVERSITY
u 'ioriz�ed Signature) (Date)
by writing subscribed by
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
t, yI(
1.
#9 All persons wishing to purchase alcohol will be required to have a wrist ban issued by
Horsemeii.''s personnel after presenting appropriate identification establishing age 21 or over. CEIVD
No one without a wristband will be able to purchase alcoholic beverages. Security
personnel will be provided by Horsemen's Park: : AUG 0 5 2011
NEURAS'(AA LIQUOR
CONTROLC0M114IISSION -
/1)0 i t 1.--
.. 4
a '
-
PADDOCKS e .
a
i.
(0 •• 0
'�' I •
e •
•
•
•
i .. , •
1id . 2 •
HORSEMEN'S PARK �, •
•
N •Qy}' ••il •
• \`•
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ANNEXATION DATE:_ ORDINANCE NO. nl if within last 24 onths)
EXISTING ZONING: EXITIN _a I USE:
ADJACEN LAND fSE AND ZONING
NORT • r (� , • — ` � � IC."
T21A-- dZIG-
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AST Y\
W r I
PARKING STALLS PROVIDED: C"(
EXISTING USE DOES( DOES NOT( )COMPLY WITH ZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S (� V
MEN'S D {� a
DATE SUBJECT PROPERTY WAS,POSTED: I ((j J ( I
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: D L�__---
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: .62 1�
(St Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH
SCHOOL 4.9 &.. -HOSPITAL e--, HOME FOR THE AGED,INDIGENT
OR VETERANS ci✓'� COLLEGE OR UNIVERSITY
u 'ioriz�ed Signature) (Date)
by writing subscribed by
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
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all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
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0AHA,
CityofOmaha, fAlebraska ° �'I� °��
MPIWilea
� n
1819 Farnam —Suite LC 1 nfI riS -itrad w
Omaha, Nebraska 68183-0112 0�
Buster Brown (402) 444-5550 .o
City Clerk FAX (402) 444-5263 411 D FEBRU�4�
August 16, 2011
Omaha Exposition&Racing, Inc. Application for an addition to your present
Dba"Horsemen's Park" Class "C" Liquor License location to add
6303 "Q" Street an irregular shaped beer garden approx.
Omaha,NE 68117 550' x 775' with event only fencing
Dear Liquor License Applicant:
This letter is notification that a hearing before the Omaha City Council on your application for
liquor license has been set for August 30, 2011 . The City Council Meeting begins at 2:00
P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street,
Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license
shall be personally present in the Council Chambers, in order that the Council may make inquiries,
on the date of public hearingof the application for license".
pp o said license . Failure to be present at this
Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor
Control Commission.
If you are making changes to the type of business or the type of activities that will be operated
on the new premises. Please complete and return the attached. Ordinance No. 37046, passed
June 7, 2005, requires each applicant to submit a written statement describing all types of business
or activities that will be operated on the premises in conjunction with the proposed license.
Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's
Office 7 days in advance of the public hearing.
Sincerely yours,
Buster Brown
City Clerk
BJB:clj
" •1••••,, I .
, 4.t.+P't•' ", ••
1 ' #
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
• 010,11A, F
City o Ao A,� �9A
,writrti)r
1819 Farnam—Suite LC 1 d n
Omaha, Nebraska 68183-0112 0 ,. . . :. �' �°
Buster Brown (402) 444-5550
City Clerk FAX (402) 444-5263 o'�.1TEp FE Polk‘
t►4�
August 16, 2011
Mike Kelley, Attorney . Application for an addition to the present Class "C"
Kelley & Jerram, PC. Liquor License location for Omaha Exposition &
7134 Pacific Street Racing, Inc., dba"Horsemen's Park", 6303 "Q"
Omaha,NE 68106 Street for an irregular shaped beer garden with event
only fencing
Dear Liquor License Applicant Attorney:.
This letter is notification that a hearing before the Omaha City Council on your application for
liquor license has been set for August 30, 2011 . The City Council Meeting begins at 2:00 P.M.
in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha,
Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be
personally present in the Council Chambers, in order that the Council may make inquiries, on the
date of public hearing of the application for said license". Failure to be present at this Council
Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control
Commission.
If you are making changes to the type of business or the type of activities that will be operated
on the new premises. Please complete and return the attached. Ordinance No. 37046, passed
June 7, 2005, requires each applicant to submit a written statement describing all types of business
or activities that will be operated on the premises in conjunction with the proposed license.
Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's
Office 7 days in advance of the public hearing.
Sincerely yours, •
Buster Brown
City Clerk
BJB:clj
I .
, 4.t.+P't•' ", ••
1 ' #
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
6AOV/Ce5
•
^ //eci
NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
OMAHA EXPOSITION & RACING, INC.
DBA "HORSEMEN'S PARK"
has applied for an
ADDITION TO THEIR PRESENT CLASS "C" [On & Off Sale
beer,wine and liquor] LIQUOR LICENSE LOCATION TO ADD
AN IRREGULAR SHAPED BEER GARDEN APPROX.
550' X 775' (WITH EVENT ONLY FENCING)
located at 6303 "Q" STREET
The Omaha City Council will hold a public hearing regarding this
application on Tuesday, AUGUST 30, 2011 at 2:00 P.M. in the
Legislative Chambers, Omaha/Douglas Civic. Center at 1819 Farnam
Street. Testimony will be received from interested parties at this
meeting. You may submit written testimony to the City Clerk, 1819
Farnam Street, Omaha, NE 68183 prior to the hearing date.
Buster Brown
City Clerk
ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48
HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL
REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY BUSTER BROWN, CITY
CLERK,444-5557,IF ARRANGEMENTS NEED TO BE MADE.
present at this Council
Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control
Commission.
If you are making changes to the type of business or the type of activities that will be operated
on the new premises. Please complete and return the attached. Ordinance No. 37046, passed
June 7, 2005, requires each applicant to submit a written statement describing all types of business
or activities that will be operated on the premises in conjunction with the proposed license.
Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's
Office 7 days in advance of the public hearing.
Sincerely yours, •
Buster Brown
City Clerk
BJB:clj
I .
, 4.t.+P't•' ", ••
1 ' #
all parties.
15
14
uivalent to the period of such delay.
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
13
ve at law or in equity, re-enter the premises and
recover possession thereof and may dispossess any or all
occupants of the premises and recover possession thereof and
10
ghts or
liabilities hereunder.
8
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