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RES 2011-1146 - Change of loc of Addy's Sports Grill & Bar v - _y,Ct1E s Tg,, ' STATE OF NEBRASKA \WS .`/� Y,:y li �,���`f ilt�,k;; Dave Heineman �, � � 9 NEBRASKA LIQUOR CONTROL COMMISSION Governor € a,u a 3 I P'} ': 2 i Hobert B. Rupe i p 1j9Rtii i-"_ Executive Director 301 Centennial Mall South,5th Floor CITY C) L P, P.O.Box 95046 r P�{ Lincoln,Nebraska 68509-5046 (! tr1}� r?. �� Phone(402)471-2571 Fax(402)471-2814 or(402)471-2374 August 2011 TRS USER 800 833-7352(TTY) g30, web address:http://www.lcc.ne.gov/ City Clerk of Omaha 1819 Farnam LC1 Omaha, NE 68183 RE: Change of Location for License Class C 70829 Dear City/County Clerk: • The licensee Addy's Sports Grill Inc DBA Addy's Sports Grill & Bar currently located at 13806 "P" Street, Omaha, NE 68137 (Douglas County) has requested a Change of Location for their current premise. The applicant anticipates moving to a new location at 14110 "S" Street, Suites 1-3, Omaha, NE 68137 (Douglas County). This change will appear on the new license when the Change of Location is approved. The new description for the licensed area will be read as follows, unless the State Patrol makes alterations: One story building approx 60 x 73 including sidewalk café approx 10 x 48 Please present this Change of Location request to the City/County Council for consideration and return the results to the Nebraska Liquor Control Commission office. If you should have any questions, please feel free to give me a call at (402) 471-4881 . Sincerely, Jackie B. Llka Licensing Division Enclosure pc: file Janice M.Wiebusch Robert Batt William F.Austin Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper • r LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 70829 ADDY'S SPORTS GRILL, INC 13806"P"STREET 68137 991-2663 DBA ADDY'S SPORTS GRILL& BAR NLCC ORDERS OTHER ACTIVITIES 11-29-05 -TRANSFER FROM MWJ ENTERPRISES * RES#1480 GRANT * 11-16-05 -CHANGE OF KENO OWNERSHIP FROM MWJ ENTERPRISES *07-29-07-TAVERN REPORT RE: 2 ATTEMPTED ASSAULTS & TRESSPASSING OUTSIDE THE ESTABLISHMENT * 09-27-11 - REQ CHANGE OF LOCATION TO 14110 "S" STREET, STES 1-3 * LICENSED PREMISES 1 STY BLDG APPROX 70'X 50' OFFICERS: PRES/MGR-TIM ADDISON, 5323 SO 158TH CIR, 68135(H) 502-1738©657-1231 *OWNER- MEGAN ADDISON Print Form APPLICATION FOR CHANGE OF LOCATION TO LIQUOR LICENSE Office Use 30 CENTENNIAL MALL SOUTH LIQUOR CONTROL COMMISSION AUG 2 2 2011 PO BOX 95046 LINCOLN,NE 68509-5046 NE AE,`lALIQr�00 PHONE:(402)471-2571 �tp� ` FAX:(402)471-2814 CON ROLCQIQIII Ill ION Website: www.lcc.ne.gov Application needs to include the following: ✓, Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission • Must include a copy of the lease, deed or purchase agreement showing ownership of new location o Document must show ownership in name of licensee,if licensed as corporation or LLC must show that name ✓• Must include simple sketch showing new building, must include outside dimensions in feet(not square feet),direction north, if it's a one or two story building, if there is a basement. No blue • prints. ,..<}(Y\ • May include a letter of explanation LIQUOR LICENSE# 70K(27e LICENSEE NAME 4 V 0 l/ S S po it-rs &IZ L i-'_ I bV c . TRADE NAME I \ "0 V 3 S 6�-1 S & ( LC o f i2_ CURRENTLY LICENSED ADDRESS LS g'D l9 P S I. CITY 0 rn A tAA CONTACT PERSON 7 l i 0 (S a N CONTACT PERSON PHONE NUMBER L-(6 Z ^ 4 S 7- (a 3 ( Change of location application will not be accepted if moving to a different jurisdiction (i.e. city or county), a new application will need to be filed. Complete the following questions: T/l 1. What is the new address? / / / ( D / 5 �t ` - 2. City d A-RA NE (7 I 91 County " 0 V C2 L PcS / ST 3. When do you expect on moving to new location? NO v��`^'S& f � ( LK -7g8? 1 1100014321 ner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper .. \I , Jt2iso 77in Print Name of Signature V , AUG222011 ivEsaismunti O \ LI Wr: ---...., „. a of Lice 1 e, or Officer State of Nebraska County of % ) Cl'C The forgoing htstrumen.t wa eknowle a before me this U ��� Date Notary Public Signature NAffix Seal Here - GENERAL NOTARY-State of Nebraska ' CASSANDRA PEKNY —_.,®,. My Comm.Exp.April 8,2014 2 -3 * LICENSED PREMISES 1 STY BLDG APPROX 70'X 50' OFFICERS: PRES/MGR-TIM ADDISON, 5323 SO 158TH CIR, 68135(H) 502-1738©657-1231 *OWNER- MEGAN ADDISON EXHIBIT A CIViR �'`_ \ \I., \ 11\ \\\ \ \I , .,, • \ \ \\ \ ..1..„,p ,„7,1\i,c,E .5 .....,,,‘ „ • \ \ \\ ! \ \ . „ \ ., , \ 1 \ N _ •\. .\ \ \\ \ sO \ \\ \ '' ` �\ ,,, \ \ \\_. I \ \. \ \ \ \ \s, \ \, \ \ \s„, \\.\\.1 1 \\\\\ \,I \ \-- 420\ \\ \\44oX\. \\\.\\ 0 SF \ii 1,500 SF • ...- if).^,'"":.„.__,.y.„,... ._ • ,,-, ,, L__, 0____, ,—1. ' 98' n •i i\,/ . Page 9 of 9 DAILY RECORD: Charge to General Ordinance Order NO. 2447 H. CLASS "C" LIQUOR LICENSE Please publish: September 19, 2011 Notice is hereby given Addy's Sports Grill, Inc., dba"Addy's Sports Grill &Bar", 13809 "P" Street, has filed application for a Change of Location of their present license to sell beer, wine and liquor for consumption On and Off the premises to be located at 14110 "S" Street, Suites 1-3, legally described as follows: LOT 5, BLOCK 0, MILLARD BUSINESS CENTER, IRREGULAR .987 ACRES, CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA That in accordance with provisions of Section 53-1311, Nebraska Liquor Control Act, as amended, hearing upon said application will be held in the Legislative Chamber, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, on Tuesday, September 27, 2011, at 2:00 o'clock P.M., at which time the City Council shall receive evidence either orally or by affidavit from any person bearing upon the propriety of the issuance of said license. Buster Brown City Clerk -NOTICE TO PUBLIC' Notice is hereby given that Addys Sports Grill, Inc., dba"Addy's Sports Grill &Bar', 13809 "P" Street, has filed application for a Change of Location of their present license to sell beer, wine and liquor for consumption On and Off the premises to be located at 14110"S"Street,Suites 1-3,legally described as follows: Lot 5, Block 0, Millard Business Center, irregular .987 Acres, City of Omaha, Douglas County,Nebraska. That in accordance with provisions of Section 53-1311,Nebraska Uquor Control Act, as amended, hearing upon said application will be held in the Legislative Chamber,Om- aha/Douglas Civic Center, 1819 Famam Street, Omaha,Nebraska,on Tuesday,September 27, 2011, at 2:00 o'clock P.M., at which time the City Council shall receive evidence either orally or by affidavit from any person bearing upon the propriety of the issuance of said license. BUSTER BROWN, 9 19 11 City Clerk Page: -1 Document Name: untitled PARC 4526 0263 17 FB 65 STATUS 2 CLASS C ADDITIONAL ADDR EXEMPT 0 EXEMPT TYPE TAX DISTRICT 1730 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 14120 S ST OMA 68137 OWNER OR TAXPAYER INFORMATION NAME MARK D*GOODRICH DATE OF LAST CHANGE 10-20-2008 + 3442 S 161 CIR BK/PG OR DOC# 2072/048 ADDR HOMESTEAD DELETE. CITY OMAHA ST NE ZIP 68130 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 03-09-2009 150000 586100 736100 YES BP 999999 ADDITION NO. 25485 LOT 5 HALF BLOCK 0 HALF MILLARD BUSINESS CENTER SECT TOWN RANGE PLAT 1186 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 IRREG 2 . 987 AC 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB • Date: 8/31/2011 Time: 10 : 07 :25 AM Addy's Sports Grill &Bar', 13809 "P" Street, has filed application for a Change of Location of their present license to sell beer, wine and liquor for consumption On and Off the premises to be located at 14110"S"Street,Suites 1-3,legally described as follows: Lot 5, Block 0, Millard Business Center, irregular .987 Acres, City of Omaha, Douglas County,Nebraska. That in accordance with provisions of Section 53-1311,Nebraska Uquor Control Act, as amended, hearing upon said application will be held in the Legislative Chamber,Om- aha/Douglas Civic Center, 1819 Famam Street, Omaha,Nebraska,on Tuesday,September 27, 2011, at 2:00 o'clock P.M., at which time the City Council shall receive evidence either orally or by affidavit from any person bearing upon the propriety of the issuance of said license. BUSTER BROWN, 9 19 11 City Clerk Page: . 1 Document Name: untitled PADL 4526 0263 17 REAL PROPERTY INQUIRY -- LIST ADDITIONAL ADDRESS PARCEL: 4526 0263 17 08/31/2011 PROPERTY ADDRESS HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 14120 S ST OMA PAGE: 1 ADDITIONAL ADDRESSES * END OF LIST * HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 14110 S ST OMA PF7 TO PAGE BACKWARD PF8 TO PAGE FORWARD • Date: 8/31/2011 Time: 10 : 07 : 41 AM 1,500 SF • ...- if).^,'"":.„.__,.y.„,... ._ • ,,-, ,, L__, 0____, ,—1. ' 98' n •i i\,/ . Page 9 of 9 RECEV::, BUSINESS PROPERTY LEASE AUG 2 ' 2011 ;/ N RAS(AUQUQR THIS LEASE is entered into this),S day of August,2011 between Mark D.Goo6? orts Grill;Inc., Nebraska Cofporatlon,Tenant. 1. PREMISES. Landlord leases to Tenant the real property located at 14110 S Street,Suites 1-3,-Omaha.NE 68137 as shown in attached Exhibit"A"(the"Premises"),containing approximately 4.300 square feet of area,on the following terms and conditions. . Lease shall be for a term of Sii tv-six(66):rnonths,beginning on the 1st day of November,2011,and ending on the 30tti day of April,2017,unl hs terminated earlier as provided in this Lease 3. USE OF PREMISES. The Premises are leased to Tenant,and are to be used by Tenant,for the purposes of Sports Bar and Grill and for no other purpose. Tenant agrees to use the Premises in such a manner as to not interfere with the rights of other tenants in the Real Estate, to comply with all applicable governmental laws,ordinances, and regulations in connection with its use of the Premises, including without limitation all environmental laws, to keep the Premises in a clean and sanitary condition, and to use all reasonable precaution to prevent waste,damage,or injury to the Premises. 4. RENT. (a) Base Rent. The total Base Rent under this Lease is Two Hundred Fifty twoThousand Six Hundrerj Tvrerity Four aiid$6/100 pollarsDollars($252;62496).Tenant agrees to pay rent to Landlord at P J:Morgan Real Estate;7801.VUakelev,Plaza.:Omaha NE`68114, or at any other place Landlord may designate in writing,in lawful money of the United States,in monthly installments in advance,on the first day of each month,as follows: For the period from Noveintiec 1� 20:11,toApril"30, 2012, $ QM per month For the period from Mav'1 ,202,toApri00,,2013, $53,852.08 per month For the period from May'1,2013,toAprif30:";,2014, SS4:031:25 per month For the period from May 2014,toApril 30;',2015, $$4:210:42 per month For the period from May1„2015,to44:30.,2016, $$4,389.58 per month For the period from Mai 1,2016,toApril 30 ,A17, $54 568.75 per month (b) Operating Expenses: Commencing November 1,2011,in addition to the Base Rent,Tenant shall pay a pro rata share of operating expenses of the real estate of which the Premises are part, parking areas, and grounds("Real Estate"). "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 Landlord at the 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 water and sewer charges and fees, line painting, lighting, snow removal, landscaping, cleaning, depreciation of machinery and equipment used in such maintenance, repair and replacement, and management costs, including Real Estate superintendents. Operating Expenses shall not include property additions and capital improvements to the real estate,alterations made for specific tenants,depreciation of the Real Estate,debt service on long term debt or income taxes paid by Landlord. "Tenant's pro rata share"shall mean the percentage determined by dividing the square feet of the Premises as shown in Paragraph 1, by 11180 square feet. Provided,however,that until the 14110 building containing the Premises is fully leased,Tenant shall be responsible for 100%of water and sewer charges for said building. Landlord and Tenant acknowledge the lawn sprinkler is attached to this water meter and a separate agreement will be entered into prior to the 2012 watering season. When the 14110 building is fully leased, "Tenant's pro rata share" for water and sewer shall mean the percentage determined by dividing the square feet of the Premises as shown in Paragraph 1, by 5,880 square feet. Tenant's pro rata share of the Operating Expenses shall be determined on an annual basis for each calendar year ending on December 31 and shall be pro rated for the number of months Tenant occupied the Premises if Tenant did not occupy the Premises the Page I of 9 A.Ui222011 BRAS ALLQUQR full year. Tenant shall pay One Thousand Four Hundred Thifir-Three.and 33/100 Dollars (S1.433.33 per moot of each month in advance with rent for Tenant's estimated pro rata share of the Operating Expenses. Landlord r'n ct e is oun at any time upon written notice to Tenant.At the end of each year,an analysis of the total year's Operating Expenses shall be presented to Tenant and Tenant shall pay the amount, if any, by which the Tenant's pro rata share of the Operating Expenses for the year exceeded the amount of the estimated Operating Expenses paid by Tenant shall be paid by Tenant to Landlord within thirty(30)days after Tenant's receipt of the statement. In the event this Lease terminates at any time other than the last day of the year, the excess Operating Expenses shall be- determined as of the date of termination. If Tenant's payments of estimated Operating Expenses exceed the amount due Landlord for that calendar year, Landlord shall, at its option, provided Tenant is not then in default under this Lease, apply the excess as a credit against Tenant's other obligations under this Lease or promptly refund such excess to Tenant if the term of this Lease has already expired,in either case without interest to Tenant. (c) Payment of Rent. Tenant agrees to pay the Base Rent as and when due, together with Tenant's share of the Operating Expenses and all other amounts required to be paid by Tenant under this Lease. In the event of nonpayment of any amounts due under this Lease,whether or not designated as rent,Landlord shall have all the rights and remedies provided in this Lease or by law for failure to pay rent. (d) Late Charge. If the Tenant fails to pay the Base Rent together with the Tenant's share of the Operating Expenses and all other amounts required to be paid by Tenant under this Lease,on or before the fifth day after such payments are due,Tenant agrees to pay Landlord a late charge of 10%of Base Monthly Rent. . (e) Security Deposit. As partial consideration for the execution of this Lease, the Tenant has delivered to Landlord for Landlord's use and possession the sum of $068.75 as a Security Deposit. The Security Deposit will be returned to Tenant at the expiration of this Lease if Tenant has fully complied with all covenants and conditions of this Lease. (f) Signage. Tenant shall be allowed to install on the storefront fascia the Tenant's sign package displaying Tenant's trade name. Such signage shall conform to the provisions of the Building Sign Criteria supplied by Landlord. 5. SERVICES. Landlord shall furnish No Services to the Premises during normal business hours, and at such other times as Landlord may deem necessary or desirable, in the manner customary to the Real Estate. Landlord shall have the right to discontinue any service during any period for which rent is not promptly paid by Tenant. Landlord shall not be liable for damages, nor shall the rental be abated,for failure to furnish,or delay in furnishing,any service when failure to furnish,or delay in furnishing,is occasioned in whole or in part by needful repairs, renewals,or improvements,or by any strike or labor controversy,or by any accident or casualty whatsoever, or by any unauthorized act or default of any employee of Landlord,or for any other cause of causes beyond the control of Landlord. Tenant shall place service in Tenant's name and pay promptly when due,all gas,electricity and service fees,incurred at or chargeable to the Premise. 6. ASSIGNMENT OR SUBLEASE. Tenant shall not assign this Lease or sublet the whole or any part of the Premises,transfer this Lease by operation of law or otherwise,or permit any other person except agents and employees of Tenant to occupy the Premises,or any part thereof,without the prior written consent of Landlord. Landlord may consider any factor it deems relevant in determining whether to withhold consent including, but not limited to,the following: (a)financial responsibility of the new tenant, (b)identity and business character of the new tenant,©nature and legality of the proposed use of the Premises. Landlord shall have the right to assign its interest under this Lease or the rent hereunder. 7. TENANT'S IMPROVEMENTS. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the interior of the Premises at its own expense. Prior to commencing any such work, Tenant shall first obtain the written consent of Landlord for the proposed work. Landlord may, as a condition to its consent, require that the work be done by Landlord's own employees and/or under Landlord's supervision, but at the expense of Tenant,and that Tenant give sufficient security that the Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its trade fixtures at the termination of this Lease provided Tenant is not then in default and provided further that Tenant repairs any damage caused by such removal. 8. REPAIRS. Landlord agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Page 2 of 9 • Tenant agrees that it will make,at its own cost and expense,all repairs and replacements to the Premises not required to be made by Landlord, including,but not limited to,all interior and exterior doors,door frames, windows, plate glass,and the heating,air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating,remodeling,alterations,and painting required by it during the term of the Lease at its own cost and expense,to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience,injury, or loss of business arising from the making of any repairs by Landlord,Tenant,or other tenants to the Premises or the Real Estate. 9. CONDITION OF PREMISES. Except as provided herein, Tenant agrees that no promises, representations, statements, or warranties have been made on behalf of Landlord to Tenant respecting the condition of the Premises,or the manner of operating the Real Estate,or the making of any repairs to the Premises. By taking possession of the Premises,Tenant acknowledges that the Premises were in good and satisfactory condition when possession was taken. Tenant shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Tenant's property and surrender the Premises to Landlord in as good condition as when Tenant took possession,normal wear excepted. 10. PERSONAL PROPERTY AT RISK OF TENANT. All personal property in the Premises shall be at the risk of Tenant only. Landlord shall not be liable for any damage to any property of Tenant or its agents or employees in the Premises caused by any reason whatsoever,including,without limitation,fire,theft,steam,electricity,sewage,gas or odors,or from water,rain,or snow which may leak into, issue or flow into the Premises from any part of the Real Estate, or from any other place, or for any damage done to Tenant's property in moving same to or from the Real Estate or the Premises. Tenant shall give Landlord,or its agents,prompt written notice of any damage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 11. LANDLORD'S RESERVED RIGHTS. Without notice to Tenant, without liability to Tenant for damage or injury to property, person,or business,and without effecting an eviction of Tenant or a disturbance of Tenant's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: (1) Change the name or street address of the Real Estate. (2) Install and maintain signs on the Real Estate. (3) Have access to all mail chutes according to the rules of the United States Post Office Department. (4) At reasonable times, to decorate, and to make, at its own expense, repairs, alterations, additions, and improvements, structural or otherwise,in or to the Premises,the Real Estate,or part thereof,and any adjacent Real Estate,land,street,or alley,and during such operations to take into and through the Premises or any part of the Real Estate all materials required, and to temporarily close or suspend operation of entrances,doors,corridors,elevators,or other facilities to do so. (5) Possess passkeys to the Premises. (6) Show the Premises to prospective tenants at reasonable times. (7) Take any and all reasonable measures, including inspections or the making of repairs, alterations, and additions and improvements to the Premises or to the Real Estate,which Landlord deems necessary or desirable for the safety, protection,operation, or preservation of the Premises or the Real Estate. (8) Approve all sources furnishing signs,painting,and/or lettering to the Premises,and approve all signs on the Premises prior to installation thereof. (9) Establish rules and regulations for the safety, care, order, operation, appearance, and cleanliness of the Real Estate and to make modifications thereto. 12. INSURANCE. Tenant shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of insurance now or hereafter placed on the Real Estate or increase the risks covered by insurance on the Real Estate or necessitate additional insurance premiums or policies of insurance, even if such use may be in furtherance of Tenant's business purposes. In the event any policies of insurance are invalidated by acts or omissions of Tenant,Landlord shall have the right to terminate this Lease or, at Landlord's option,to charge Tenant for extra insurance premiums required on the Real Estate on account of the increased risk caused by Tenant's use and occupancy of the Premises. Each party hereby waives all claims for recovery from the other for any loss or damage to any Paee 3 of 9 store the Premises to its former condition,at Tenant's expense,or any such improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its trade fixtures at the termination of this Lease provided Tenant is not then in default and provided further that Tenant repairs any damage caused by such removal. 8. REPAIRS. Landlord agrees to maintain in good condition, and repair as necessary the foundations, exterior walls and the roof of the Premises. Page 2 of 9 REM AUG 222011 of its property insured under valid and collectible insurance policies to the extent of any recovery collectible that this waiver shall apply only when permitted by the applicable policy of insurance. ?0OLCOMIIIISSION 13. INDEMNITY. Tenant shall indemnify, hold harmless,and defend Landlord from and against,and Landlord shall not be liable to Tenant on account of,any and all costs,expenses, liabilities. losses,damages, suits,actions,fines,penalties,demands,or claims of any kind, including reasonable attomey's fees, asserted by or on behalf of any person, entity, or governmental authority arising out of or in any way connected with either (a) a failure by Tenant to perform any of the agreements, terms, or conditions of this Lease required to be performed by Tenant; (b) a failure by Tenant to comply with any laws, statutes, ordinances, regulations, or orders of any governmental authority;or©any accident,death, or personal injury,or damage to,or loss or theft of property which shall occur on or about the Premises, or the Real Estate,except as the same may be the result of the negligence of Landlord,its employees,or agents. 14. LIABILITY INSURANCE. Tenant agrees to procure and maintain continuously during the entire term of this Lease,a policy or policies of commercial general liability insurance from a company or companies acceptable to Landlord,at Tenant's own cost and expense, insuring Landlord and Tenant from all claims, demands or actions; such policy or policies shall in addition to insuring Tenant protect and name the Landlord and Landlord's managing agent as additional Insured and shall provide coverage in a combined single limit per occurrence of at least$2.000.000 for claims, demandsor actions for bodily injury, death or property damage made by or on behalf of any person or persons,firm or corporation arising from, related to,or connected with the conduct and operation of Tenant's business in the Premises,or arising out of and connected with the use and occupancy of the Real Estate by the Tenant. All such insurance shall provide that Landlord shall be given a minimum of ten (10) days notice by the insurance company prior to cancellation, termination or change of such insurance. Tenant shall provide Landlord with copies of the policies or certificates evidencing that such insurance in full force and effect and stating the term and provisions thereof. If Tenant fails to comply with such requirements for insurance,Landlord may,but shall not be obligated to,obtain such insurance and keep the same in effect,and Tenant agrees to pay Landlord,upon demand,the premium cost thereof. 15. DAMAGE BY FIRE OR OTHER CASUALTY. If,during the term of this Lease,the Premises shall be so damaged by fire or any other cause except Tenant's negligent or intentional act so as to render the Premises untenantable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease, and shall notify Tenant in writing of its election within sixty(60)days after such damage. In the event Landlord elects to repair the Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. 16. CONDEMNATION. If the whole or any part of the Premises shall be taken by public authority under the power of eminent domain,then the term of this Lease shall cease on that portion of the Premises so taken,from the date of possession,and the rent shall be paid to that date,with a proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. If the portion of the Premises taken is such that it prevents the practical use of the Premises for Tenant's purposes,then Tenant shall have the right either (a) to terminate this Lease by giving written notice of such termination to Landlord not later than thirty(30)days after the taking, or(b)to continue in possession of the remainder of the Premises, except that the rent shall be reduced in proportion to the area of the Premises taken. In the event of any taking or condemnation of the Premises, in whole or in part,the entire resulting award of damages shall be the exclusive property of Landlord, including all damages awarded as compensation for diminution in value to the leasehold, without any deduction for the value of any unexpired term of this Lease, or for any other estate or interest in the Premises now or hereafter vested in Tenant. 17. DEFAULT OR BREACH. Each of the following events shall constitute a default or a breach of this Lease by Tenant: (1) If Tenant fails to pay Landlord any rent or other payments when due hereunder; (2) If Tenant vacates or abandons the Premises; (3) If Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or voluntarily takes advantage of any such act by answer or otherwise,or makes an assignment for the benefit of creditors; (4) If involuntary proceedings under any bankruptcy or insolvency act shall be instituted against Tenant,or if a receiver or trustee shall be appointed of all or substantially all of the property of Tenant, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 AUG 2 2 2011 (5) If Tenant fails to perform or comply with any other term or condition of this Lease, dtiERMEWALMOlitd regulations established by Landlord,and if such nonperformance shall continue for a period of ten(10)days aftttia� r ,to Tenant, time beingof the essence.s sen ce. 18. EFFECT OF DEFAULT. In the event of any default or breach hereunder,in addition to any other right or remedy available to Landlord,either at law or in equity,Landlord may exert any one or more of the following rights: (1) Landlord may re-enter the Premises immediately and remove the property and personnel of Tenant, and shall have the right, but not the obligation,to store such property in a public warehouse or at a place selected by Landlord,at the risk and expense of Tenant. (2) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Landlord's retaking will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach,including the cost of recovering the Premises and the difference between the rent due for the balance of the Lease term as though the Lease had not been terminated and the fair market rental value of the Premises for the balance of the Lease term as though the Lease had not been terminated which sum shall be immediately due Landlord from Tenant. (3) Landlord may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as it may,choose.Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease,Tenant shall be liable for all expenses of the reletting,for any alterations and repairs made,and for the rent due for the balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord during the remaining term of this Lease from reletting the Premises or any part thereof. If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant, but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 19. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise, peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease,without a written lease duly executed by the parties, Tenant shall be deemed a trespasser. If Tenant pays, and Landlord accepts, rent for a period after termination of this Lease, Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms, conditions, and agreements of this Lease, except that the rent shall be two times the monthly rent specified in the lease immediately before termination. 20. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease, and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute,acknowledge,and deliver to Landlord,upon request,any and all instruments that may he necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. In the event any proceedings are brought for the foreclosure of any mortgage on the Premises,Tenant will attorn to the purchaser at the foreclosure sale and recognize such purchaser as the Landlord under this Lease. The purchaser, by virtue of such foreclosure, shall be deemed to have assumed, as substitute Landlord, the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption,however, shall not be deemed in acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents, including a new lease upon the same terms and conditions contained herein,confirming the foregoing,as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord atMark`D:teodrich:3442 S c161k Circler Omaha NE:6813Q and also to Tenant at 14110 S Street, Omaha, NE 68137 or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United States mail in the manner prescribed herein. COMPLIANCE WITH ADA. Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 22. SUBSTITUTION OF OTHER PREMISES.Intentionally Deleted. 23. MISCELLANEOUS. (1) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender. No surrender of the Premises by Tenant shall be effected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define, limit, describe,or construe the contents of such paragraphs. (6) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent, then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 24. BROKERS. The brokers involved in this transaction are: x Agent for Landlord Doi Boldiisar and`$arbHamnlond of P :1.Morgen Real Estate x Agent for Tenant Kurt J Weeder and:Ken;Lafemere of The Lund Coniban Dual agent representing both Landlord and Tenant N/A x Landlord and Tenant acknowledge that P.J.Morgan Real Estate is being paid a fee by Landlord and this fee will be shared by the Brokers based on their separate agreement. Landlord and Tenant will each compensate their respective Broker. 25. TENANT IMPROVEMENT ALLOWANCE. Subject to Landlord's review and approval of Tenant's financials,Landlord shall provide Tenant with a cash allowance of$80,000.00(together with six months rental abatement as set forth in Paragraph 4.a.)towards the cost of the Tenant's interior improvements. Such allowance shall be paid by the Landlord to the Tenant upon substantial completion of various stages of construction. Tenant shall submit the appropriate lien waivers with each progress payment required. In addition to the Tenant Improvement Allowance described above,Landlord acknowledges vandalism has occurred to the electrical panels servicing the Premises and shall either have the panels rewired at Landlord's expense or reimburse Tenant for costs associated with re-wiring the panels. 26. OTHER PROVISIONS. 1. Tenant shall be granted Beneficial Occupancy to commence Tenant's build-out immediately upon execution of this Lease,time being of the essence. Prior to Beneficial Occupancy,Tenant shall provide proof of insurance coverage,per Paragraph 14,and place utility services into Tenant's name prior to any tenant usage. 2. Providing Tenant shall not be or have been in default,Tenant shall have two(2),five(5)year options to extend term of the lease.Rent for the option periods shall increase annually by two(2%)percent, Tenant must notify Landlord of their intent to exercise this option by providing 180 days written notice prior to expiration of the Page 6 of 9 ue of such foreclosure, shall be deemed to have assumed, as substitute Landlord, the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption,however, shall not be deemed in acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents, including a new lease upon the same terms and conditions contained herein,confirming the foregoing,as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord atMark`D:teodrich:3442 S c161k Circler Omaha NE:6813Q and also to Tenant at 14110 S Street, Omaha, NE 68137 or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United States mail in the manner prescribed herein. COMPLIANCE WITH ADA. Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 then current lease term or Tenant shall be deemed to have waived its option right. 3. Tenant shall be permitted to construct and utilize an exterior patio area along the front sidewalk of the Building, subject to the provisions of Paragraph 7. 4. Tenant shall be permitted non-exclusive use of the parking areas around both buildings in the subject property. Every effort will be made to not interfere with adjacent tenant customer parking. Tenant's employees will park on the west end of the Goodrich Veterinary building and five(5)spaces in front of that building will be reserved for Landlord's use during Landlord's business hours. 5. RIGHT OF FIRST REFUSAL (LEASE)_ Provided that Tenant is not then in default under this Lease and only during the Term of this Lease,Tenant shall have a one-time right of first refusal to lease all of the remaining space in the building known as 14110 S Street(the"Expansion Space"). Landlord shall notify Tenant in writing when it receives a bona fide offer, acceptable to Landlord, to lease the Expansion Space (the"Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five (5) business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to lease the Expansion Space pursuant to the terms of the Offer by entering into a written addendum to this Lease Agreement to add the Expansion Space to the Premises on the terms set forth in the Offer for the remainder of the Term. The rental rate of the Expansion Space shall be the same as that contained in the Offer. The Expansion Space shall have a term that is co-terminus with the remaining term of the primary Lease. No financial incentives previously granted to Tenant in the Lease or contained in the Offer shall apply to the Expansion Space,including but not limited to any free rent,rent abatement or tenant improvement allowances. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to lease the Expansion Space to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Expansion Space. Tenant's rights under this Section extend only to the first instance of an offer for the Expansion Space. If Tenant fails to exercise the rights contained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 7i AUG 222011 Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. NORMA LIQUOR CONTROLCOMUMSSIOlv Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above written. Landlord Tenant By: t By: Witness: Witness: PERSONAL GUARANTEE The undersigned hereby absolutely and unconditionally guarantee unto the Landlord the payment of the rent and the performance of all of the covenants under the Lease and all renewals and extensions thereof by the Tenant and hereby waive notice of any default under the Lease and agree that this liability shall not be released or affected by an extension of time for payment, by any forbearance by the Landlord,or by any assignment or modification of this lease. Dated this Q day of /t"6.0 7— ,2011. nitr"— (Ch4414 By By Name .77kg trig° Name >°f1./"2f, ier idO Street Address 3 Z 3 S 'S63 r-- tr/Z__ Street Addressq02 f S07 City,State,Zip 644" A cI i /tiC: Cod/31— City,State,Zip &1)112/ tt,/lrZ 69,/as Phone Number "—S-0Z -r736r Phone Number G a2 —l 731(7 Page 8 of 9 es on the terms set forth in the Offer for the remainder of the Term. The rental rate of the Expansion Space shall be the same as that contained in the Offer. The Expansion Space shall have a term that is co-terminus with the remaining term of the primary Lease. No financial incentives previously granted to Tenant in the Lease or contained in the Offer shall apply to the Expansion Space,including but not limited to any free rent,rent abatement or tenant improvement allowances. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to lease the Expansion Space to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Expansion Space. Tenant's rights under this Section extend only to the first instance of an offer for the Expansion Space. If Tenant fails to exercise the rights contained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 . „ ... EXHIBIT A ) . , , \ \ . -,., ., -,-wootc \ \ \ -.. 0 s \ "'f• \ ''.. • — \ \ \ \ , ;IININOMI s\ -\ i ,.., .., ,:. 8• .„,„. _, \ 1 N. 2.'7 ( ill..„5, • . s., , \ \ .,,, , \ N. \ „ , „ „ ' \ . -\ .. .•., , ,• ,„ -, ,21, \ , , t 4, \ \ \ ;4\ - ,, \ „ • s, ' 25' -----* N \ 1 . \ -,,, \ \ I \ • \ \ ss.., \ .. • _ I \ . , ' 1.\ \ \ \ \ \ •„ \\ sr, \ . \ \ \ I \\ 1,500 SF ... . • • --/- ry- •- • .. , •\!, ---, 'ci ---1 \ 13 ' 98' i 1S . 1\1 . Page 9 of 9 od/31— City,State,Zip &1)112/ tt,/lrZ 69,/as Phone Number "—S-0Z -r736r Phone Number G a2 —l 731(7 Page 8 of 9 es on the terms set forth in the Offer for the remainder of the Term. The rental rate of the Expansion Space shall be the same as that contained in the Offer. The Expansion Space shall have a term that is co-terminus with the remaining term of the primary Lease. No financial incentives previously granted to Tenant in the Lease or contained in the Offer shall apply to the Expansion Space,including but not limited to any free rent,rent abatement or tenant improvement allowances. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to lease the Expansion Space to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Expansion Space. Tenant's rights under this Section extend only to the first instance of an offer for the Expansion Space. If Tenant fails to exercise the rights contained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 PLANNING DEPARTMENT REPORT DATE: AUGUST 312011 DUE DATE: SEPTEER`15,2011-' iIS P iS PMM12: 2: CITY COUNCIL HEARING SEPTEMBER 27,2011 LOCATION: 14110 "S" STREET, SUITES 1-3 C':,1;H Ai. ' ' LEGAL DESCRIPTION LOT 5,BLOCK 0,MILLARD BUSINESS CENTER,IRREGULAR APPLICANT: ADDY'S SPORTS GRILL,INC.,DBA"ADDY'S SPORTS GRILL & BAR" REQUESTED LICENSE OR ACTION CHANGE OF LOCATION OF THEIR PRESENT CLASS "C" LIQUOR LICENSE FROM 13809 "P" STREET NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BAR& GRILL THIS REQUEST DOES(X) DOES NOT 0 PERTAIN TO AN OUT IDE AREA IF SIDEWALK CAFE: R-O-W-LEASE K/ PERMITS OBTAINED�n �1 1 1 t;- Q_iGnf� IF OUTSIDE: OUTSIDE AREA IS FEET FROM THE NEAREST RESIDENCE aiT_ 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) (Except Class D-1 Package Liquor License) ANNEXATION DATE: n .,_ ORDINANCE NO. (Only if with' last 24 io nths) EXISTING ZONING: C— EXITING LAND USE: I ( i ( ADJAC NT LAND VSE AND ZO G: NO V I wi(i t l 7Don 1M 1�^�Gt iN:CMS.12kGA C—C-- SOU :INAAAA ipn, iT\ bliiA one-a. I o--(--1 i 2lG' «c___ EAS • IAA MOn lT IPA l'I,t.J2e-i 60--(N `T2► -I CiC.-- W T: ? M</Lc(.A—( ST2�-► 'Cr-: -- PARKING STALLS P OVIDED: -54M ) -5 i 0 i r '-E G N, - EXISTING USE DOES DOES NOT( )COMPLY WITH ZONING REGULA NS PLUMBING FIXTUR S PROVIDED: WOMEN'S U K:`,02.2— MEWS bik. Dc..a..._ ( LSC--i- DATE SUBJECT PROPERTY WAS POSTED: `[ " ) - I ( b (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK!�/�I:L'?=�"�a4 gb DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE/`T_1 - W ' 66 \� ja- (Stat Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH I 'felt fit 2`zsb i_` z'A 17 SCHOOL 1i _ SPITAL -i _✓ HOME FOR THE AGED,INDIGENT CM �'n . OR VETERANS , A C I EGE OR UNIVERSITY I>1/." 666 C..�'V�` i (Authorized Signature) (Date) pace. Tenant's rights under this Section extend only to the first instance of an offer for the Expansion Space. If Tenant fails to exercise the rights contained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 A EXHIBIT A • \ . I.\ ..g --„trYit.„5.. .--, \,,, \--. . .• . ,, .. \ `•\ \ \ '! \ \ \ , . • • •- \ \\*\ N '• \ . \ \ \\:\\\- \ \ N ` \ �. '`\ \ \\ \ • \ \).,420\- F\\ \140` ..\ 1, a s ' 1,500 SF � , „...... ..../ • / T ry5, f .1ST r\ . • • • . Paoe9of9 1 y.„,... ._ • ,,-, ,, L__, 0____, ,—1. ' 98' n •i i\,/ . Page 9 of 9 _ 014,1,1",A,/v.4.4 • • City of Omaha, Nebraska -41 0441 t_ Mirk,kri 1819 Farnam—Suite LC 1 2,® -if Omaha, Nebraska 68183-0112 0 1 � Buster Brown (402) 444-5550 .o � City Clerk FAX (402) 444-5263 o4)441) P1EB01-A September 13, 2011 • Addy's Sports Grill, Inc. Application for a Change of Location of Dba"Addy's Sports Grill & Bar" your present Class "C" Liquor License to 13809 "P" Street 14110 "S" Street, Suites 1-3 Omaha,NE 68137 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 September 27, 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. Sincerely yours, 441IP .,de; Buster Brown City Clerk BJB:clj N, - EXISTING USE DOES DOES NOT( )COMPLY WITH ZONING REGULA NS PLUMBING FIXTUR S PROVIDED: WOMEN'S U K:`,02.2— MEWS bik. Dc..a..._ ( LSC--i- DATE SUBJECT PROPERTY WAS POSTED: `[ " ) - I ( b (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK!�/�I:L'?=�"�a4 gb DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE/`T_1 - W ' 66 \� ja- (Stat Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH I 'felt fit 2`zsb i_` z'A 17 SCHOOL 1i _ SPITAL -i _✓ HOME FOR THE AGED,INDIGENT CM �'n . OR VETERANS , A C I EGE OR UNIVERSITY I>1/." 666 C..�'V�` i (Authorized Signature) (Date) pace. Tenant's rights under this Section extend only to the first instance of an offer for the Expansion Space. If Tenant fails to exercise the rights contained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 City of Omaha J'sfebras&a _ s� 1819 Farnam—Suite LC 1 2�. .`. ..-41%ria ‘1.10 Omaha, Nebraska 68183-0112 0�.: � '' �' Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 04, r vt►I- September 13, 2011 Addy's Sports Grill, Inc. Application for a Change of Location of Dba"Addy's Sports Grill & Bar" your present Class "C" Liquor License from 14110 "S" Street, Suites 1-3 13809 "P" Street Omaha,NE 68137 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 September 27, 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. Sincere y�yours, �7 Buster Brown City Clerk BJB:clj felt fit 2`zsb i_` z'A 17 SCHOOL 1i _ SPITAL -i _✓ HOME FOR THE AGED,INDIGENT CM �'n . OR VETERANS , A C I EGE OR UNIVERSITY I>1/." 666 C..�'V�` i (Authorized Signature) (Date) pace. Tenant's rights under this Section extend only to the first instance of an offer for the Expansion Space. If Tenant fails to exercise the rights contained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 03,7 '/.21 /6 // NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that ADDY'S SPORTS GRILL, INC. DBA "ADDY'S SPORTS GRILL & BAR" 13809 "P" STREET has applied for a CHANGE OF LOCATION OF THEIR PRESENT CLASS "C" LIQUOR LICENSE [On & Off Sale beer,wine and liquor] to be located at 14110 "5" STREET, SUITES 1-3 The Omaha City Council will hold a public hearing regarding this application on Tuesday, SEPTEMBER 27, 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. 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. Sincere y�yours, �7 Buster Brown City Clerk BJB:clj felt fit 2`zsb i_` z'A 17 SCHOOL 1i _ SPITAL -i _✓ HOME FOR THE AGED,INDIGENT CM �'n . OR VETERANS , A C I EGE OR UNIVERSITY I>1/." 666 C..�'V�` i (Authorized Signature) (Date) pace. Tenant's rights under this Section extend only to the first instance of an offer for the Expansion Space. If Tenant fails to exercise the rights contained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9 i y y • o�. a�w v ...; cun tri w ► cn brz � P \ \ \ :: ,•,.! siirri O b Cr "••,-I .t % 4 . 0 Fj r r cn n � & S OOP aa, Fr .1 -- r�. co > � � 0 k.. jkr\ o'• a uiN N `' k • / T ry5, f .1ST r\ . • • • . Paoe9of9 1 y.„,... ._ • ,,-, ,, L__, 0____, ,—1. ' 98' n •i i\,/ . Page 9 of 9 lee "NOTICE TO PUBLIC- THE DAILY RECORD Notice is hereby given that Addy's Sports Grill, Inc., dba"Addy's Sports Grill & Bar", OF O11�1'1L��1L� .A I1 A 13809 "P" Street, has filed application for a Change of Location of their present license to sell beer, wine and liquor for RONALD A. HENNINGSEN, Publisher lconsumptionat 41 On"and Off et the pSuites 1-3. o be PROOF OF PUBLICATION located at 14170'S"Street,Suites 1-3,legally described as follows: Lot 5, Block 0, Millard Business Center, irregular .987 Acres, City of Omaha, UNITED STATES OF AMERICA, Douglas County,Nebraska. That in accordance with provisions of The State of Nebraska, SS. Section 53-1311,Nebraska Uquor Control Act, District of Nebraska, as amended, hearing upon said application will be held in the Legislative Chamber,Om- County of Douglas, aharpouglas Civic Center,1819 Famam Street, City of Omaha, Omaha,Nebraska,on Tuesday,September 27, 2011, at 2:00 o'clock P.M., at which time the City Council shall receive evidence J. BOYD either orally or by affidavit from any person bearing upon the propriety of the issuance of said license. being duly sworn,deposes and says that she is BUSTER BROWN, City Clerk LEGAL EDITOR 9-19-11 of THE DAILY RECORD, of Omaha, a legal newspaper, printed and published daily in the English language, having a bona fide paid circulation in Douglas County in excess of 300 copies, printed in Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on September 19 , 2011 That said Newspaper during that time was re!. arl published and _ytve`ia :L culation in the County of Douglas, : d S e‘r f Nebraska. SyFP.. if iill Subscribed in my prese .rn to re •Pub'iKslff@i2''�Fee $ei 2 6. 0 0 me this 9 t h ay of 7«i COMMISSION :* !� Ad&1bli�Copiy�s $(4 PI •••... �P Notary Pu in fo u unty, �TF OF N EBW= at of Nebraska ntained herein, Tenant shall have no further rights as to the Expansion Space. It is further understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. 6. RIGHT OF FIRST REFUSAL AND/OR OFFER (SALE): Provided that Tenant is not then in default under this Lease and only during the Term of this Lease, Tenant shall have a one-time right of first refusal to purchase the entire property legally described as Lot 5, Millard Business Center, an addition to the City of Omaha, Douglas County, NE(the"Property"). In the event Landlord receives an unsolicited bona fide offer to purchase,acceptable to Landlord, Landlord shall notify Tenant in writing (the "Offer" and such notice by Landlord, the "Offer Notice"). Tenant shall have five(5)business days from receipt of the Offer Notice from Landlord to exercise its right of first refusal to Purchase pursuant to the terms of the Offer by entering into a written Purchase Agreement on the terms set forth in the Offer. If Tenant elects not to exercise its right of first refusal or fails to respond within the above referenced five (5) business day notice period,then Landlord shall be free to sell and convey the Property to such offering party on the terms contained in the Offer and Tenant shall have no further rights with regard to the Property, except leasehold rights to the Premises set forth in this Lease. Tenant's rights under this Section extend only to the first instance of an unsolicited offer to purchase. In the event that Landlord decides to market the entire Property for sale,Tenant shall be granted a one-time right of first offer. Landlord shall notify Tenant of the proposed offering terms prior to offering the property for sale (the "Offering Notice")and Tenant shall have ten (10)business days from receipt of the Offering Notice to exercise its right of first offer to enter into a written Purchase Agreement acceptable to Landlord. In the event Tenant elects not to exercise its right of first offer or fails to respond within the aforementioned ten (10)day notice period, Landlord shall be free to offer the property for sale to the general public. Thereafter, Tenant shall have the same right to make an offer to purchase the Property as any other party but Landlord shall not be limited in its offering of the Property for sale. It is understood that the rights under this Section are specific to the Tenant, and shall not be assignable by Tenant without Landlord's prior written consent,which Landlord may withhold in its sole and absolute discretion. Page 7 of 9 ses,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. Page 5 of 9 e dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or Page 4 of 9 9