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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 Pio r 4-1"- .. .r4L-1.,_ , • • . 0 d ei to ' PADDOCKS i i * '',.. • , 9 •?:6 ' , Cie, ••.. 0 *.....1 V • 9 •• * ( • • 0 . (szi\o/ •41 ,, kis 9 i • .... • ' • 0 • • * • HORSEMEN'S PARK 1 * OA, • 40 , 'ci • • 4, s - - . q - - Is>, •• i _. ' • AN 4%‘\':\I \) \\,, ..• (-6 P eg• 0-07 15"-00-4,?0 et ' 0+- 4.7 0.. .--eares••-••94-0 0,0%44-• #1' • • 0 a...0 et. o 1 c............. ,........) , 1 . •- 1 ns(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 • 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 • • \`• . i I Cb N Igm/O F r�l?6 a.cb.e a -ito cc.. o-i m-er or-b tP�^�4-,$ I .---) (.........._. , *** 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 • . .. 4 ' .13'139:;4•1-1, e:. ," •-•'', . . . .i. ; • .;;•::;!!• ', •4 ; • ' ,'•'•' . •4A, . . , ,, • is.441•44:";'• r 'tit'r:'''''' ' ,, r"W• ,•',.11:"-• A 11, ,••,,,,tr,: . k7 1.z 4 .,;--ki' • , . ,:•.4't -1 - ". 41';,,q.4% , ,,. !„r, 4 ,4'.; ,; .••• if,, - . , , IL 1 • . :-1.1.4,' r ,.,.,•1, .., ...?, . ,tw,---- .:isl'rv-.i4,),1, •,,,,, .. . :,--...: -st el; .- i 4 -.- .4,..-...,.....444., •-' . „et. - . .gt , .: it_. 1 .. , , ,, . 0, T -: 400V 014 Lir alit Illek 1110 ,.4 •:;',' 'c''441, i , . Zç;Ti ' • i t i",_ . . it 44C,- nk lilt • '! ^, ,1,-.i.,,'' •+, 4 4,i 0! (ter: i r ,I 1 r \ ' , - tfkilop—.7 ett, for , .• .. , . '''' /• ,, , . t. . ...:i-.. dirt .., 1 (. . 41111) to, ... - #14', - v." .. . . 0'1. ' e , . ,, ..- „., . .., . r t. , r . ...- ,.., ' . r. i:'-'''f-:,•:'.,_.,;. ,..,t.. ' ',. ,.. J• . t 4 r•, ; , • f ' A*4_ ,,•,, " •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 • 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 ro \' via ° .0 a 0 CD onIC7 cc, x rO 0 -�G k t'PO Q w , 6 o c',- -N) 1\ r a ° ,Oa r. f, • l Oh1llp 2 cat kti� if J • . N L • O o `C• i • ..'n un business. Di R.EC1 E: 402.614.4026 • 1r3 CE1,1.:402.6993929 E.1?. x:/ra = ,vn r•, FAX:402.502-1632 rn rri, 7,7 C; EMAIL:SAM@PVLLC.COM