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RES 2010-0917 - Class I liq lic to House of Lee California Bowl c ZSA CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNICL OF THE CITY OF OMAHA: THAT, in accordance with the provisions of the Nebraska Liquor Control Act, as amended, after a hearing held within 45 days after receiving notice and a copy of the license • application and upon due consideration of all standards and criteria provided by law, this Council hereby recommends that the following application for a Class "I"Liquor License be granted. Beth-El Corp., dba"House of Lee California Bowl", 1215 Howard Street. That, the cost of publication of notice of the hearing was $26.00. August 10, 2010 - Resolution No. 917 -Motion to adopt. Carried 7-0. Ce,„:leyaee By CouncillmJember Adopted AU>1 0 2010 - City Clerk 2 00 Approved. . . it7iV1156-- Mayor .--,,e'''.;..- pfros ..s, Mayor 9 C P ;n F-. p trA N , b a . Z O C 0 Q.r N O x V. ( O cn' c T C.) o I p n a CD CD • O O • '-*-r \ 7.t• r r o H be granted. Beth-El Corp., dba"House of Lee California Bowl", 1215 Howard Street. That, the cost of publication of notice of the hearing was $26.00. August 10, 2010 - Resolution No. 917 -Motion to adopt. Carried 7-0. Ce,„:leyaee By CouncillmJember Adopted AU>1 0 2010 - City Clerk 2 00 Approved. . . it7iV1156-- Mayor .--,,e'''.;..- pfros ..s, Mayor 9 INTER-OFFICE COMMUNICATION ' August 10, 2010 ., To: Buster Brown, City Clerk 7 From: Jay G. Davis, Chief Building Inspector, Permits and Inspection^ Division Subject: Liquor posting for 1215 Howard Street We have posted the property at 1215 Howard Street as required. This is to inform you that there is no lease of City of Omaha Right of Way for the outdoor seating area. Our measurements indicate the maximum length that the patio area could be is 35 feet. Additionally, the area requested appears to infringe upon the neighboring properties ability to safely exit the building. I am therefore requesting a layover of this application until the right of way lease is approved and the proper fence permit is obtained. If you have any further questions, please feel free to contact me at 444-5364. Am Ek .6 gb PLANNING DEPARTMENT REPORT ;DATE: JULY 14, 2010 DUE DATE: JULY'29;2010 - t 7r j 3 i ^ i t'? ,�_ CITY COUNCIL HEARING AUGUST 10, 2010 . .1 � `-' LOCATION: 1215 HOWARD STREET LEGAL DESCRIPTION LOT 3, BLOCK 166, CITY LOTS, WEST 46 FEET OF LOT 2 AND EAST 44 FEET OA LOT 3, 90' X 132' APPLICANT: BETH-EL CORP., DBA "HOUSE OF LEE CALIFORNIA BOWL" REQUESTED LICENSE OR ACTION CLASS "I" LIQUOR LICENSE NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT Anc— THIS REQUEST DOES X DOES NOT(__) PERTAIN TO AN OUTSIDE AREA 5�D&will IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINED - -, CA-.�/ R/'/70 1 v // ,„ IF OUTSIDE: OUTSIDE AREA IS_ / - FEET FROM THE NEAREST RESIDENCE (/1#6� j . () ` 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) X tU ANNEXATION DATE: ORDINANCE NO. Only if within last 24 montl s) M .‘32 EXISTING ZONING: ( D` EXITING LAND USE: t 297-A`0(2.vki l A JACL`ENT LAN E ZONING: ., , /� a Y (V _ _____ /� UT :Vl},2_0. 1 ,_,_5 r ry •5,�_._i i c,j r`( ._A e�) EA(..- . 2`t"-(2-/'--\ �.3 çce )5��.----. t> )le L c C P T ST:Ot't 1 aA- , JStn,e'�� i,S ,^e1e--'j C.� PARKING STALLS PROVIDED:.__._"e-�-- 5.� ` 73� L/(5Zt c--� a/ EXISTING USE DOES( DOES NOT( )COMPLY/WIC ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S 1lv0 v MEN'S _----�? ( -- ( l)2_1 iu�( DATE SUBJECT PROPERTY WAS POSTED: 7 2 u - I P /t) e (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:6`. — DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 6 -� - (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH (1=" SCHOOL V t� HOSPITAID.2 HO-1 -F..EOR THE AGED,INDIGENT OR VETERANS v! -COLLEGE OR UNIVERSITY v -----_ (Authorized Signature) (Date) STATE OF NEBRASKA Dave Heineman CITY (-Tl,IwIARASKA LIQUOR CONTROL COMMISSION Governor n},r {f� h A ck1i b�ert B.Rupe Executive Director ' ilt 301 Centennial Mall South,5th Floor P.O.Box 95046 Lincoln,Nebraska 68509-5046 Phone(402)471-2571 • Fax(402)471-2814 TRS USER 800 833-7352(TTY) August 5, 2010 OMAHA CITY CLERK 1819 FARNAM STREET LC-1 OMAHA NE 68183 Re: License 1-88459 AMMENDING APPLICATION. BETH-EL CORP dba HOUSE OF LEE CALIFORNIA BOWL is amending their application description to add a sidewalk café. The description should now read as follows: SINGLE STORY BLDG APPROX 117FT X 40FT TO INCLUDE SIDEWALK CAFE APPROX 40FT X 11 FT ON NORTH END OF BLDG If you have any questions please feel free to give me a call. Sincerely, NEBRASKA LIQUOR CONTROL COMMISSION Randy Seybert Phone: 402-471-4885 Licensing Division rs cc: File Janice Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer I I II I II i, I I I '1!I I. I I. II! 'Ii II,II I•i i � 1000014989 _____ /� UT :Vl},2_0. 1 ,_,_5 r ry •5,�_._i i c,j r`( ._A e�) EA(..- . 2`t"-(2-/'--\ �.3 çce )5��.----. t> )le L c C P T ST:Ot't 1 aA- , JStn,e'�� i,S ,^e1e--'j C.� PARKING STALLS PROVIDED:.__._"e-�-- 5.� ` 73� L/(5Zt c--� a/ EXISTING USE DOES( DOES NOT( )COMPLY/WIC ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S 1lv0 v MEN'S _----�? ( -- ( l)2_1 iu�( DATE SUBJECT PROPERTY WAS POSTED: 7 2 u - I P /t) e (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:6`. — DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 6 -� - (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH (1=" SCHOOL V t� HOSPITAID.2 HO-1 -F..EOR THE AGED,INDIGENT OR VETERANS v! -COLLEGE OR UNIVERSITY v -----_ (Authorized Signature) (Date) • o" 1 <1\--ii.\. 1 'T: '-t- > 1 c°--t? g— ';;I t-- , 7 \ .7:- . 1-\ P z. ' . /� $ - _____ a OC) 0 :,„,...-,\,,\.*'\1 ' ON. ' / . s- -4,- t., t 'F- ,l�v \, .•,.. .. - - --__ -- - • .4 � �' J . ...Q..; \\ '''..,,......,.. ;:, t /- /,,-------/------/ k ri- i., / . _., ;r 1 \ 'll. ° ° 04 3. - ' .-5. „ ..-c. ...Is' 4,‘S-, '4 -•� e.1 N-- it, t� z f 1\ \ .'1 s\ qi lc // is` r�l t +.{mow�pp� �\ �. i C \ 1 l �- 0 0 % a ° T, 1 m -. - I r _ VI / 70 1 LP Cl. I 0 , i a^> .77Z) i • • ' �` ` ill - T-GI' C1_ i. g U / 4 �. ;-I • - w 6 - io c;,. i// / r. f 3- \ - & .- 4 /'� l \ i ' \k \ \ '?- °C) 0 0 i , . Z I eA C. -0 Q- - 1' -- .�..0 . . .' p il v„ o c I s... 4 � E x 1'1 (-:—...2 • ill za 39dd 3d adDN3SNdHTIyQNde1 _- WAS POSTED: 7 2 u - I P /t) e (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:6`. — DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 6 -� - (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH (1=" SCHOOL V t� HOSPITAID.2 HO-1 -F..EOR THE AGED,INDIGENT OR VETERANS v! -COLLEGE OR UNIVERSITY v -----_ (Authorized Signature) (Date) 07/22/2010 14:44 3977455 RANDALLHANSENCPA PC PAGE 03 • e ANNING DEPARTM ' + • . PERNiIT3 & INSPECTION DIVISION 1 j�L/� • LEAS APPLICATION • : . (See Reverse Side for Additional Inforri ation) In addition,to completing this form, the applicant must provide the foilowing: . . 1. A dimensioned drawing of the land to be used. This drawing must include all existing improvements on city property, i.e. curb, sign, posts, fire hydrants, etc., and the location of the property line. Show the area . (length and-width),of City property to be leased. • . 2. Any other information requested by the Planning Department, and/or the Public Works Department necessary to evaluate the proposed use. . . . . 3. Application fee of$100.00. (Fee not refundable,)• . . . . . 4. Bond (if required -see back) Street Address of private property adjacent to leased property _.2/S /` tA)4 fIrCil ' NIX Legal Description of the private property.. . 6'0r�� ` /0444.".,1 cf.,', ' .r a! . INV- -r • Private Property Owner , _--_.. (Name)'((i • • (Address) t (Phone) Applicant Ji+•r,K'_,( Le E. �U ,l. ec ;I4C„- 41. 4 j�<+sic.,.6,F Lea adAJ/ni.4- ' . . (peyt;me phone} (II nvt property owner) (Narne) .' rr (Address) Description of Intended Use • Ov c, P( (1r¢ k:' vSa_ r .sin.i,M` LQ•s k D etit-;.S , 1 S'i n re..'L.A. (-Gil: L o ct-4 re-a C w,r,l Z ila Al # f d,q.,f.+'_E4- A'l r-.ln 7 f.i� he rk3,s —....._.__.._... • i n .r�, ..._ A. f 4 J��s., f l id t t• [.¢r(e_s ry$ ' a 81'r�.lia.,1. , If application is for Radio/Phone Tower complete.the following:, • Replacement of existing pole Y N . • If replacement, height of existing pole .Ground space required if greater than 3 Sq. Ft. _ Pole height to top of antenna . • ' . _ . . .. . . __ Data �'A licaN Si. ature (1�C d' .. Date Adjacent Private Pro.erty Owner Signature ,• ajLT O ,Si( �, FOR OFFICE USE ONLY . .. . . , r6-11,61--.5 .( ) APPROVED • ( ) APPROVED ;Sspec ms . ( ) DENIED . . ( ) DENIED . . PlanningDirector - . - Date Public Works Director Date Q ' . CITY COUNCIL APPROVAL REQUIRED• Y N (' ) APPROVED • CITY COUNCIL RESOLUTION # ( ) DENIED . . DATE PASSED ANNUAL. LEASE FEE $• • Other Applicable Director Date DATE LEASE ESTABLISHEDpp . BY - . • • (FINANCE DEPT.) . , • duty J .rP 29 2007 This tease is entered into this tat day,of June 2007 between W ithe Landlord, Beth-El Corp 'Tenant. � O°g°q°em Company L.L.C. 1. Landlord leases to Tenant that portion of the first floor of 1215 Howard Street,described as the 2. This lease shall be for the term of(5)live yea,.,beginning on the first day of July 2007,and ending on the 30th day of June 2012,unless terminated earlier as provided in this lease. 3. Tenant shall also have an option term of(5)five years beginning on July 1 2012 through June 30 2017 At the monthly rate of S3,800 per month plus additional rent_ instrrartce(At�i al Rent.Tenant shall pay tenants share of the premises'property taxes and beginning of each year,landlord shall provide the tenant with a statement of the building property taxes and insurance and computation of the amount due from the tenant under this Tenant shall make such payments concurrent with and in addition to the rent provided paragraph(a). For purposes of this lease,the tenants share shaft be the fraction,the numerator shall be the number of square feet that the tenant rents in the premises and the denominator shall be the total tameable square feet in the building.The tenants share is computed to be(16%)Sixteen percent. Use of Premises 4. The premise is leased to the Tenant,and is to be used by the Tenant as restaurant,and for no other p1er'pose.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, connection with the use oldie premises,ton •and dltin,regulationsokeep i the premises and all thekeep�premises in a elms and sanitary elan,to approaches thereto in a safe condition free of matter which may be dangerous to the public and free of all obstructions,and to use all reasonable precaution to prevent waste,damage,or injury to the premises.In the event the tenant shall tail to remove any matter which may be dangerous to the public,landlord may,at his option,muse the removal of such matter,the cost of which shall be assessed to the tenant. Rent 5. (a)Base Rent.The total base rent under this lease is two hundred thirteen thousand dollars(S213,000). Tenant awes to pay rent to landlord at P.O.Bolt 8144,Omaha Nebraska 68188,or at any other place landlord may designate in writing,in lawful money of the United States,in monthly installments in advance,on the 1 day of each month,on the following terms: Beginning July 1,20r/through June 30,2012 rent shall be 53,550 per month. (b)Payment of Rent.Tenant agrees to pay the rent as and when due,and any other amounts required to be paid by tenant under this tease.In the event of any nonpayment of any amounts due under this lease, whether or not designated as rent,landlord shall have the rights and remedies provided in this lease or'by law for failure to pay rent. (c)Late Charge.If the t fails to pay the rent togetherwith the share of all other amounts required to be paid by tenant fader this lease,on or before the 541 day atter such payments are due,tenant agrees to pay landlord a late charge of S56 of the amount due. .Assigamwrt or Sublease 6_Tenant shall not assign or sublease 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*erect;without the prior written consent of landlord.Landlord may consider the following in determining whether to withhold consent:(a)financial responsibility of the new tenant,(b) identity and business character of the new tenant,(c)nature and legality of the proposed use of the Landlord shall have the right to assign its interest under this lease or the tent reserved hereunder. Landlord agrees to notify tenant of any lease assignment and new landlord agrees not to disturb tenant under this lease. Tenants Improvements 7.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 the 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 the tenant,and that tenant give sufficient security that the premises be completed free and clear of leans and in a manner satisfactory to the landlord.Upon termination of the lease at landlords option, tenant shall repair and restore the premises to good condition,at tenants expense,and any such improvements,additions or alterations installed or made by tenant,and tenants attached improvements, shall become part of the premises and the property of the landlord. Tenant shall remove it's trade fixtures at the termination of this lease provided tenant is not in default and provided further that tenant repairs any damage caused by such removal. Repairs 8.Landlord agrees to maintain in good condition,and repair as necessary the foundations,exterior walls and the roof of the premises. 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 electrical work. Tenant agrees to do all redecorating,remodeling, alteration,and painting required by it during the term of the lease at their own cost and expense,to pay for any repairs to the premises or the real estate made necessary by the negligence or carelessness of the tenant or any of its agents or employees or persons permitted on the real estate by the tenant,and to maintain the premises in a safe,clean 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 or tenant to the premises or real estate. Condition of the Premises • 9.Except as provided herein,tenant agrees that no promises,representations,statements or warranties have been made on behalf of Landlord to tenant respecting the conditions 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 termination of this lease,by lapse of time or otherwise,remove all of tenants property and surrender the premises to landlord in as good a condition as when tenant took possession,normal wear excepted. Personal Property at Risk of Tenant 10.All personal property and inventory in the premises shall be at the risk of tenant only.Landlord shall not be liable for any damage or loss to any property or inventory of tenant or their agents,or employees,in the premises caused by theft,electricity,sewage,gas or odors,or from water,rain,or snow which may leak into, issue or flow into the premises by any part of the real estate,or from any other place,or for any damage or loss done to tenants property or inventory in any other manner or in moving same to or from the real estate or to 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. Tenant shall install,maintain and provide for its'own security system at the expense of tenant if desired. Landlord's Reserved Rights 11.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 setoff or abatement of rent, landlord shall have the right to: • Change the name or street address of the real estate. • Install or maintain signs on the real estate. • Have access to all mail chutes according to the rules of the United States Post Office Dept. • At reasonable times,to decorate,and to make at it's own expense,repairs,alterations,additions and improvements,structural or otherwise,in or to the premises,or any part of the real estate to • temporarily close or suspend operation of entrances,doom,corridors,elevators,or other facilities to do so. • Posses pass keys to the premises. • Show the premises to prospective tenants at reasonable times. • Take any and all reasonable measures including inspections or the making of repairs,alterations, additions and improvements to the premises or to the real estate,which landlord deems necessary or desirable for the safety,protection,operations,or preservation to the premises or the real estate. • Approve all sources furnishing signs,painting and or lettering to the premises,and approve all signs on the premises prior to installation thereof. Insurance 12.Tenant shall not use or occupy the premises or any part thereof in any manner which could invalidate any policy of insurance now or hereafter place on the real estate or the premises or increase the risks covered by insurance on the real estate or premises or necessitate additional insurance premiums or policies of insurance,even if such use may be in furtherance of tenants business of insurance are invalidated by acts or omissions of tenant,landlord shall have the right to terminate es. In the ent policies lease or,at landlord's option,to charge tenant for extra insurance premiums required on the real estate on account of increased risk caused by tenant's use and occupancy of the premises.Each party hereby waves all claims for recovery from the other for any loss or damage to any of its'property insured under valid and collectable insurance policies to the extent of any recovery collectable under such policies.Provided,that this waiver shall apply only when permitted by the applicable policy of insurance. Indemnity 13.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 attorney'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 the Tenant;b.)a failure by Tenant to comply with any laws,statues,ordinances,regulations, or orders of any governmental authority;or c.)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,or any personal injury that may occur from the use of any merchandise sold by Tenant,except as the same may be result of the negligence of Landlord,its employees,or agents. Liability Insurance 14.Tenant agrees to procure and maintain continuously during the entire term of the Lease,a policy or policies of insurance in a company or companies acceptable to Landlord,at Tenants own cost and expense, insuring Landlord and Tenant from all claims,demands or actions:such comprehensive insurance shall provide coverage of at least$20,000.00 for injuries to any one person.$100,000 for injuries to persons in any accident and$50,000 for damage to property,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 sidewalks and any other Common Areas by the Tenant.All such insurance shall provide that the Landlord shall be given a minimum of fifteen(15)days notice by the insurance company to cancellation,termination or change of such insurance is in full force and effect and stating the terms 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.Other forms of insurance shall be optional and at the Tenant's risk. Damage by Fire or other Casualty 15. If,during the term of this lease,the premises shall be so damaged by fire or any other cause except Tenant's negligence or intentional act so as to render the premises untenable,the rent shall be abated while the premises remains untenable;and in the events 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(60)days after such damage.In the event the 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 cancelled as of the date of damage. Such damage shall not extend the Lease term. Condemnation 16.If the whole,or nay 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 the 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 Tenants 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 the Landlord,including all damages awarded as compensation 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. Default or Breach 17.Each of the following events shall constitute a default or breach of this Lease by Tenant: a.) If Tenant fails to pay Landlord rent or other payment when due hereunder; b.) If Tenant vacates or abandons premises; c.) 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; d.) 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 e.) If Tenant fails to perform or comply with any other term or condition of this lease and if such nonperformance shall continue for a period of ten(10)days after notice thereof by Landlord to Tenant, time being of the essence. Effect of Default 18. 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: (a).Landlord may re-enter the premises immediately and remove property and personal 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: (b).Landlord may retake the premises and may terminate this lease by giving notice of termination of tenant. Without such notice landlords 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 reasonable rental value of the premises,which sum shall be immediately due landlord from tenant; (c).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 tenants liability to landlord for breach of this lease,tenant shall be liable for all of the expenses of the reletting,for any alteration and repairs made,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 excesses to tenant,but only to the extent tenant has actually made payment pursuant to this sub paragraph. ll notify Tenant in writing of its election within(60)days after such damage.In the event the 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 Surrender—Holding Over 19.Tenant shall,upon the 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 a tenant from month to month,subject to all the terms,conditions,and agreements of this lease,except that the rent shall be one and a half the monthly rent specified in the lease immediately before termination. Permits 20.Tenant shall maintain a certificate of occupancy and or any other permits required by federal,state and or municipal law for the proper conduct of its business during the entire term of this lease. Subordination and Attornment 21.Landlord reserves the right to place liens and encumbrances on the premises and contents 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 landlords 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 be 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 deemed to have assumed,as substitute landlord,the terms and condition of this lease until the resale or other disposition of its interest. Such assumption,however, shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims by 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 the right of election to terminate this lease because of any such foreclosure proceedings. Notices 22.Any notice to be given hereunder shall be given in writing delivered in person to or sent by registered or certified mail to landlord at P.O.Box 8144 Omaha NE 68108 and to tenant at 1125 Jackson St. Suite#4 Omaha NE 68114,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. Rules and Regulations 23.Tenant and tenants agents,employees and invitees shall fully comply with all rules and regulations of the real estate,as amended from time to time,which are made a part of this lease as if fully set forth herein. Landlord shall have the right to amend such rules and regulations,as landlord deems necessary or desirable for the safety,care,and cleanliness,or proper operation of the premises and the real estate. Miscellaneous 24.(a).Binding on Assigns.All terms,conditions and agreements of this lease shall be binding upon,and apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors and assigns. (b).Amendment in Writing. This lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c). 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 of any subsequent breach of any such terms,conditions, and agreements. The doing of anything by landlord which landlord as not obligated to do hereunder shall not impose any future obligation on landlord nor otherwise amend any provision of this lease. h excesses to tenant,but only to the extent tenant has actually made payment pursuant to this sub paragraph. ll notify Tenant in writing of its election within(60)days after such damage.In the event the 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 (d)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 landlords written acknowledgement that such acceptance constitutes surrender. (e).Captions.The captions of the various paragraphs in this lease are for convenience only and do not define,limit,describe,or construe the contents of such paragraph. (f).Applicable Law.This lease shall be governed by and construed in accordance with the laws of the state of Nebraska. Until this lease is executed on behalf of all parties hereto, it shall be construed as an offer to lease by landlord to tenant. In witness whereof,the parties hereto have executed this Lease on the 1st Day of July 2007. ti / I / r Withers•oon Management Co.L.L.C. Witness h44141X_Itigklit5PafrOb S uel Jong Lee Witness t to place liens and encumbrances on the premises and contents 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 landlords 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 be 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 deemed to have assumed,as substitute landlord,the terms and condition of this lease until the resale or other disposition of its interest. Such assumption,however, shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims by 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 the right of election to terminate this lease because of any such foreclosure proceedings. Notices 22.Any notice to be given hereunder shall be given in writing delivered in person to or sent by registered or certified mail to landlord at P.O.Box 8144 Omaha NE 68108 and to tenant at 1125 Jackson St. Suite#4 Omaha NE 68114,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. Rules and Regulations 23.Tenant and tenants agents,employees and invitees shall fully comply with all rules and regulations of the real estate,as amended from time to time,which are made a part of this lease as if fully set forth herein. Landlord shall have the right to amend such rules and regulations,as landlord deems necessary or desirable for the safety,care,and cleanliness,or proper operation of the premises and the real estate. Miscellaneous 24.(a).Binding on Assigns.All terms,conditions and agreements of this lease shall be binding upon,and apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors and assigns. (b).Amendment in Writing. This lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c). 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 of any subsequent breach of any such terms,conditions, and agreements. The doing of anything by landlord which landlord as not obligated to do hereunder shall not impose any future obligation on landlord nor otherwise amend any provision of this lease. h excesses to tenant,but only to the extent tenant has actually made payment pursuant to this sub paragraph. ll notify Tenant in writing of its election within(60)days after such damage.In the event the 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 00c ao> L o E ? k ] § § 9 P . n a _ v).0.o o ƒ E. o ƒ o _ ƒ q p §' D = @ 8' . . o D ' fm ht A ].q E . _o 0 CA 0 \ \ o / ? §' o \ j` / j ° o ,. m ?IItIr % ¢ . m- P k 7 2• _ \ ez • \ u) U § • §' d '' " � mg = ir 77- / &. 1 \ $ 7 go ƒ j. 2 . ¢ CD7 §. ƒ g g \ q . ƒ F §' / ` 2 § '. - 0 R \ ight of way lease is approved and the proper fence permit is obtained. If you have any further questions, please feel free to contact me at 444-5364.