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RES 2010-1021 - Addition of area to Dilorenzo-Penke RECEIVED STATE OF NEBRASKA Dave Heineman n p!'r E �`q, NEBRASKA LIQUOR CONTROL COMMISSION Governor 1 0 R U U 1 2 R I1 8 l i Hobert B. Rupe 4iV,Ge;�Rj�8� Executive Director a,,,,, 301 Centennial Mall South,5th Floor CITY CLERK P.O. Box 95046 C Q A A S �+ Lincoln, Nebraska 68509-5046 Phone(402)471-2571 Fax(402)471-2814 August 10, 2010 TRS USER 800 833-7352(TTY) web address:http://www.lcc.ne.gov/ City Clerk of Omaha . 1819 Farnam LC1 Omaha, NE 68183 RE: Addition to Premise for License Class W 81870 and X 81871 Dear Clerk: • The licensee Dilorenzo-Penke LLC DBA Dilorenzo-Penke located at 5711 S 60 Street, Building 200, Suite 206, Omaha, NE 68117 (Douglas County) has requested an addition to premise/reconstruction. (See Attached Diagram). The description for the new license will be read as follows unless changed by State Patrol: One story building approx 30 x 60. Please review the enclosed description diagram and present this reconstruction to premise request to the 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, 0� Jackie B. Matulka Licensing Division Enclosure pc: File Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, . ) Buster Brown City Clerk BJB:clj GE OR UNIVERSITY c3 (Author' Signature) (Date) cceptance of such rent. ' 21. ATTORNEY'S FEES. In the event of commencement of suit by. either party on account of the other party's violation of any ' term or condition of this Lease, the prevailing party shall be entitled to all costs incurred in connection with such action, including reasonable attorney's fees. /!. 22. NOTICES. Any notice which either party may or is required to give, shall be given by, mailing the same, by certified mail, postage prepaid, to Landlord at. 1720 Hancock, ' Fremont, NE 68025; or to Tenant at 8803' Maple :street, Omaha, NE . 68134 or at such place as may be designated by' either party. 23. 8EVERAttILITY. In the event that any provision of this Lease is determined to be invalid or unforceable by a court of t law, then such invalidity or enforceability shall not effect the 1 remaining provisions of this Lease. 24. GOVERNING LAW. This Lease and the rights and obligations of Landlord and Tenant herein shall be interpreted, construed, and enforced in accordance with the laws of the state where the Premises are located. 25. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties 'and there are no promises, representations or inducements except such as are herein 1' provided. -This' Lease merges all prior negotiations and understandings between the parties and constitutes their entire contract which is binding u pon Landlord and f heirs, executors, administrators, successors, and anassigns t and their executed by Landlord and Tenant. N IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date first written above. 1. C.Z.H., INC., a Nebraska Corporation, Landlord RAVE INC., a Ne aska Co ora ion, Tenant By LI/ tr51-1-1011.-e4s?' ByTitleAz-t/ Title 4. -5- 'F^F I IFn CPf1ld AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • ,.......,...,...„,__„....:1 . ' LocaL -co py APPLICATION FOR ADDITION 40 ( C(0 0 Vi RECEIVED :' TO LIQUOR LICENSE Office Use / 1 AUG 10 2010 NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046L2 NEBRASKA LIQUOR. LINCOIN,NE 68 - ! ) itJ CONTROL COMMIISSION PHONE:(402)471 2571 ' e !�" FAX(402)471 2814 , uA - Websitc: www.lcc.ne.gov a Application: 'z • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission • Must include a copy of the lease or deed showing ownership of area to be added • o This is still required even if it's the same as on file with our office • Must include simple sketch showing existing licensed area and area to be added,must include' . .. outside dimensions in feet(not square feet),direction north. No blue prints. • May include a letter of explanation ' 81870W&81871 X LIQUOR LICENSE# LICENSEE NAME DILORENZO-PENKE,LLC � _ DILORENZO-PENKE TRADE NAME ..: _ --- 5711 SOUTH 60TH ST,SUITE 206 PREMISE ADDRESS - yH- -- - - - ,. uo61,1 t aL0 0_..•_ CITY OMAHA N f,- lXo 4 i RYAN PENKE ' CONTACT PERSON �, ,r. ._ 402-578-1555 PHONE NUMBER OF CONTACT PERSON - ._...-- -. ._., - -__,.__..:., u ".-..- - • Complete the following questions: 1) Are.you adding on to your building? ' • ' L Yes El . No • Include a sketch'of the area to be added showing: o existing building ' o outside dimensions(in feet) o direction north • 2) Are you adding an:outdoor area? ' • E Yes' ICI No If an outdoor area(check one of the following) . ' ' Q 012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is-used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits...) ip received l s1 v)../ 1 e same, by certified mail, postage prepaid, to Landlord at. 1720 Hancock, ' Fremont, NE 68025; or to Tenant at 8803' Maple :street, Omaha, NE . 68134 or at such place as may be designated by' either party. 23. 8EVERAttILITY. In the event that any provision of this Lease is determined to be invalid or unforceable by a court of t law, then such invalidity or enforceability shall not effect the 1 remaining provisions of this Lease. 24. GOVERNING LAW. This Lease and the rights and obligations of Landlord and Tenant herein shall be interpreted, construed, and enforced in accordance with the laws of the state where the Premises are located. 25. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties 'and there are no promises, representations or inducements except such as are herein 1' provided. -This' Lease merges all prior negotiations and understandings between the parties and constitutes their entire contract which is binding u pon Landlord and f heirs, executors, administrators, successors, and anassigns t and their executed by Landlord and Tenant. N IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date first written above. 1. C.Z.H., INC., a Nebraska Corporation, Landlord RAVE INC., a Ne aska Co ora ion, Tenant By LI/ tr51-1-1011.-e4s?' ByTitleAz-t/ Title 4. -5- 'F^F I IFn CPf1ld AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • C 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a permanent fence:wall,railing,rope or chain,defining the licensed area,provided that one open entrance not to exceed eight(8)feet shall be allowed. What-type of permanent fencing will you be using?, • Include a sketch of the area to be added showing: o existing building SCENE® o outside dimensions(in feet) • • • . o direction north AUG 1 0 2010 NEBRASKA LIQUOR• ( CONTROL COMMIISSION clete1 LDre,n20 . Piint Name of Signature • • • • • ignature ' ensee or Officer State of Nebraska • County of Da t The forgoing instrument was acknowledge before • me this B ck l . Date •. ' • a 2 CI • Mary Public Signature Affix Seat Here • BIALdQState of Nebraska �Ml ROCK • 1"1My coltm.bp.Mal 1,2014 5 • • • • • • • 2 ' ' CONTACT PERSON �, ,r. ._ 402-578-1555 PHONE NUMBER OF CONTACT PERSON - ._...-- -. ._., - -__,.__..:., u ".-..- - • Complete the following questions: 1) Are.you adding on to your building? ' • ' L Yes El . No • Include a sketch'of the area to be added showing: o existing building ' o outside dimensions(in feet) o direction north • 2) Are you adding an:outdoor area? ' • E Yes' ICI No If an outdoor area(check one of the following) . ' ' Q 012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is-used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits...) ip received l s1 v)../ 1 e same, by certified mail, postage prepaid, to Landlord at. 1720 Hancock, ' Fremont, NE 68025; or to Tenant at 8803' Maple :street, Omaha, NE . 68134 or at such place as may be designated by' either party. 23. 8EVERAttILITY. In the event that any provision of this Lease is determined to be invalid or unforceable by a court of t law, then such invalidity or enforceability shall not effect the 1 remaining provisions of this Lease. 24. GOVERNING LAW. This Lease and the rights and obligations of Landlord and Tenant herein shall be interpreted, construed, and enforced in accordance with the laws of the state where the Premises are located. 25. ENTIRE AGREEMENT. This Lease contains the entire agreement between the parties 'and there are no promises, representations or inducements except such as are herein 1' provided. -This' Lease merges all prior negotiations and understandings between the parties and constitutes their entire contract which is binding u pon Landlord and f heirs, executors, administrators, successors, and anassigns t and their executed by Landlord and Tenant. N IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date first written above. 1. C.Z.H., INC., a Nebraska Corporation, Landlord RAVE INC., a Ne aska Co ora ion, Tenant By LI/ tr51-1-1011.-e4s?' ByTitleAz-t/ Title 4. -5- 'F^F I IFn CPf1ld AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • L / ECEIVED .. § AUG 10 2010 ZNEBRASKA LIQUOR -13 CONTROL COMMIISSION v _g J S 1 4 f`) ' 54. 4- 0 v AP d N J . n ..t j f O -P s J orcM c• •-) n LO v- r, M ` n l...c ei ------3. 0 o a I th 5 91:1 T -r c. 5 3 ',.....) 30 cp iy y cL rn g m p o� v 1 naveiveg AFFORDABLE - R.I.P. AUG 10 2010 OFFICE WAREHOUSE LEASE AGREEMENT NEBRASKA LIQUOR • CONTROL COMMIISSION This agreement is entered into this 1st day of August 2010 between R.I.P. Inc. (hereinafter called Lessor). and Ryan Penke, & Mike Dilorenzo dba Dilorenzo-Penke L.L.C. (Hereinafter called Lessee). WITNESSETH: 1. LEASED PREMISES. The Lessor, for and in consideration of the rents set forth and the agreements herein contained, does by these presents lease to the Lessee the Office Warehouse located at Building 200 Suite 205 5711 South 60th, Omaha, Nebraska 68117 . (hereinafter referred to as premises). ( 900 sq.ft.) 2. LEASE TERM. The initial term shall be for a period of Eight(8) months from the 1st Day of Sept.,2010 and ending the 30th day of April, 2011. 3. RENT. The total sum of$4800.00 shall be payable under the terms of this agreement. Tenant shall make eight (8) equal monthly installments of $600.00 per month in advance without demand, on the 1st day of each month at the address herein after designated for such purpose. Rent is due on the first day of the month. In the event that the lease rent is not paid on or before the due date, a $5.00 per day late charge will be accessed as liquidated damages. In the event of a dishonored check from the Lessee to Lessor, a fee of$15.00 will be accessed. It is further that if Lessee fails to pay rent as agreed and remains delinquent for a period of 10 (ten) days. Lessee hereby grants to Lessor a security interest in and to all property located on the premises, and in addition, a security interest is granted in all accessions and substitutions hereto and all products or proceeds thereof. Said lien shall be in the amount of the unpaid rent and charges payable under this lease and costs of sales, to include a reasonable attorney's fee. If Lessee fails to pay rent on or before the agreed due date Lessor reserves the right to over-lock the premises at the Lessee's expense. 4. USE. The Lessee shall use and occupy the premises for use as a wine, beer, liquor wholesale and for no other purpose. 5. USE, OCCUPANCY AND COMPLIANCE WITH LAW. The premises are to be used only for the stated use of Lessee and no other. Lessee agrees to use the premises only for its stated business and not for any human or animal occupancy. Lessee will not store any trash or debris in or near the leased premises. The storage of welding, flammable, explosive, toxic or other inherently dangerous materials is prohibited. Lessee shall not store nor keep in the premises any items which would be in violation of any requirement imposed by any governmental agency, or in violation of any other legal requirement, or do any act, or cause to be done any act, which causes or creates a nuisance or a violation in or upon the premises, except with the prior written consent of the Lessor. Lessee will not merchandise or permit storage in any areas other than the leased premise. 6. CONDITION AND ALTERATION OF PREMISES. Lessee has examined the premises and hereby accepts them as being in good order, condition and repair. Lessee agrees to immediately notify Lessor of any defects or dangerous conditions. Lessee agrees to pay Lessor promptly for any repairs of the premises caused by the Lessee's negligence or misuse, or that of Lessee's invitees, licensees or guests. Should Lessee damage, alter or depreciate the premises, then all costs necessary to restore the premises to its original constitutes their entire contract which is binding u pon Landlord and f heirs, executors, administrators, successors, and anassigns t and their executed by Landlord and Tenant. N IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement as of the date first written above. 1. C.Z.H., INC., a Nebraska Corporation, Landlord RAVE INC., a Ne aska Co ora ion, Tenant By LI/ tr51-1-1011.-e4s?' ByTitleAz-t/ Title 4. -5- 'F^F I IFn CPf1ld AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • AUG 10 2010 ' condition shall be paid for by, and be the responsibility of the Lessee. NEBRASKA LIQUOR 7. IMPROVEMENTS. Lessee shall submit a separate written agreement for improvetwelfooe8mmossioN list all improvements thereon, and secure Lessor's prior written consent to said improvements. Lessee will submit same to Lessor for its written approval including plans and specifications. Lessor, at its option, shall require Lessee, at Lessee's expense, to restore the premises to its former condition. All such improvements shall remain and be the property of the Lessor. Lessee agrees to pay when due, all sums of money that become due for, or purporting to be due for, any labor, services, materials or supplies, or equipment alleged to have been furnished or to be furnished to or for Lessor or its account, in, upon or about the leased premises and which may be secured by any mechanic's material man's or other lien against the leased premises and/or Lessor's interest therein, and Lessee will cause each such lien to be fully discharged and released at the time the performance of any such lien matures and/or becomes due. Failure upon the part of Lessee to discharge such lien shall be a breach of this lease. 8. ALTERATION BY LESSOR: None At This Time 9. ALTERATION BY LESSEE: None At This Time- Lessee agrees to submit to Lessor for their approval prior to any alterations being made. 10. SIGNS. Signs must be per specifications provided by Lessor. No other signs are allowed to be placed on the building, windows or doors of the premises. All signage is placed on buildings at the sole expense of the Lessee except as agreed.. The cost of signs and full security deposit must be paid before sign order is placed. 11. INSPECTION. Lessee agrees that Lessor. or its agents, may at any reasonable time enter to inspect the premises or make repairs. Lessee agrees that Lessor or its agent may show the premises to prospective purchases of the property, new Lessees, or lending agencies, or their representatives, at any reasonable time, or if notice of the termination of this tenancy has been given by either party, Lessor may show the same to prospective Lessees during the 90 day period prior to termination. 12. MAINTENANCE. Lessor shall be responsible for normal maintenance/repair of the leased premises and for repairs caused by normal wear and tear. Lessee shall be responsible for repairs or cleaning to be done to the leased premises that exceed normal wear and tear and/or are caused by Lessee's negligence. Normal wear and tear does not apply when repairs are attempted or repairs have been made by persons other than Lessor's personnel or when leased items of personal property have been abused, misused or used in any event constituting an accident. Lessor shall provide snow removal and lawn maintenance. Lessee shall be responsible for the cleaning of the leased space. 13. UTILITY PAYMENTS. Lessor shall furnish a separate meter for Lessee, and Lessee shall be responsible for all utility payments including heating and electrical, if any. Lessee shall pay said utility payments promptly and hold Lessor harmless from any liability for said utilities. Any special utility hookups, other than the standard furnished by Lessor, shall be provided solely at expense of the Lessee, and such utilities made shall remain and become the property of Lessor. Any special utility hookups shall be approved in writing by the Lessor prior to the installation or hookup. OMAHA RIP LEASE. In units with in-floor heating, readings will be taken once a month by Lessor. Lessor will bill tenant and tenant will pay prorated share in 10 (ten) days. REFUSE. On some properties Lessor provides a common refuse receptacle. Lessee agrees not to bring job site refuse to the property. If Lessee, in the normal course of their business generates or brings refuse back to their leased space and this amount of refuse exceeds the shared amount provided by the Lessor, then Lessee will provide their own -5- 'F^F I IFn CPf1ld AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • • RECEIVE® individual refuse receptacle and shall be responsible for the disposal of said refuse. AUG 1 Q 2010 14. INSURANCE. Lessor shall provide insurance for the building, but LIQUOR improvements installed by Lessee. Lessee shall carry its own insuranctAiip.ii i s improvements, equipment or goods whether located inside the leased space or in t e oikiRemmlissioN area. Lessee shall provide and pay for insurance coverage for injuries on, in, or about the demised premise of not less than five hundred thousand dollars per person; one million dollars aggregate per accident and name the Lessor as additional insured. Lessee shall further provide and pay for insurance for its negligence and business operations, including general comprehensive liability in the minimum amount of $500,000.00, and shall name Lessor as an additional insured, and shall furnish, prior to commencement of this lease, a certificate of insurance, or a copy of the policy, to Lessor. Said insurance certificate and insurance policy shall carry a mandatory thirty-day prior written notice of any termination of the insurance. Lapse of insurance shall be a default under this lease. 15. DESTRUCTION BY FIRE OR CASUALTY. In the event of the leased premises shall be damaged by fire, explosion, windstorm or other casualty, then Lessor shall repair such damage and put the leased premises in good condition as rapidly as reasonably possible and the rent shall not be abated. If by reason of such occurrence, the premises shall be permanently rendered non-rentable only in part, Lessor shall, at its own expense, cause the damage to be repaired, and the rent will be adjusted proportionately. Should the smaller leased space be not suitable for the Lessee to conduct business, then this lease shall cease in 30 days. 16. LESSOR NOT LIABLE FOR DELAYS BEYOND ITS CONTROL. The Lessor shall not be deemed to be in default in the performance of any of its obligations unless and until the Lessor shall have failed to perform its said obligation within forty-five (45) days or such additional time as is reasonably required to correct any such default after due written notice has been given by Lessee to Lessor. The Lessor shall not be deemed to be in default so long as it commences or attempts to commence correction of such default and diligently pursues the curing after commencing the same. 17. FORCE MAJEURE. In the event the either party shall be delayed or hindered in or prevented from the performance of their contractual obligation per the terms of this lease due to strikes, lock-outs, riots. insurrection, war, civil commotion or other reason of a like nature not the fault of the party delayed in performing work or acts required under the terms of the lease, then the party shall be excused for the period of the delay. The period for the performance of such act shall be extended for a period equivalent to the period of the delay. This provision of this section shall not operated to excuse the Lessee from prompt payment of rent, additional rents, or any other payments required by the terms of the Lease 18. TAXES. Lessor shall be responsible for and shall pay for real estate taxes. 19. ZONING AND SPECIAL PERMITS.Any zoning requirements of any governmental agency and any special permits shall be secured by Lessee, at Lessee's expense. Application for any special zoning or any special permits shall be approved by Lessor, prior to submission to any governmental agency. No zoning application or special use permits may be submitted which will change Lessor's existing zoning. without Lessor's prior written consent. Any special fire code compliance or other governmental requirements shall be met and secured by Lessee at Lessee's sole expense 20.PARKING AND INTERFERENCE WITH OTHER TENANTS. Lessee and its customers or patrons or invitees will not interfere with the operation or parking of other Lessees and shall cooperate with other Lessees and with Lessor's requests concerning the operation of other Lessees. Affordable RIP Lessee will park directly in front of their unit unless noted AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • RECEIVED otherwise in an addendum to their lease. All vehicles parked on the propeiCvi 1%COI° lockable, drivable, and have all their pieces and parts intact. No vehicles will be outside on blocks or jacks. NEBRASKA LIQUOR CONTROL COMMIISSION 21. COMMON BATHROOMS AND COMMON HALLWAY. Lessor will provide one common male and one common female bathroom for all Lessees in the group of Office Warehouses. Lessees will cooperate in maintaining the bathroom facility and not damage or injure the said bathroom facility. Any such damage done by Lessee shall be repaired at Lessee's expense. Lessor will provide for the cleaning and supplies of the bathrooms and common hallway. 22. TERMINATION. This lease may be terminated by either party by giving written notice ninety (90) days prior to the expiration of the original or any renewal terms thereof. Said ninety (90) day notice must be from the first of the month and must be in writing, and must be received by the other no later than ninety (90) days prior to termination. Failure to give a notice with automatically constitute double rent during the time you remain on the premise without a lease. Upon termination, Lessee will completely vacate the premises in good and clean condition and allow Lessor to inspect the premises to verify the final condition of the premises and its' contents. Lessee further agrees upon termination to provide Lessor with all keys to the premises. 23.ABANDONMENT. Lessee shall not abandon the premises during the term of this agreement. If Lessee should abandon said premises, or be disposed by process of law or otherwise, Lessor shall have the right to take immediate possession and re-enter the premises, to remove Lessee's property, store it in a safe place, consider the tenancy terminated, and re-let the premises. Upon taking possession of the premises and the said property. Lessor will mail to Lessee a notice of Lessor's action. Thirty days after Lessor's notice, Lessor may dispose of the said property by public or private sale. The premises shall be deemed abandoned if Lessee fails to make timely payment of any portion of the rent or any other charges due, or if Lessee shall violate any terms or conditions or covenants of this agreement. 24. ASSIGNMENT OR SUBLETTING. Lessee shall not sublet or assign all or any portion of the premises or Lessee's interest therein, without the prior consent of the Lessor. In the event permission is given by Lessor to sublease, Lessee shall remain fully liable for all of the obligations of this lease. The sub-lessee may not further sublease. 25.ATTORNEY'S FEES. If legal action shall be brought by Lessor for unlawful retainer, or to recover any sums due under this agreement or for the breach of any other covenant or condition contained in this agreement and Lessor is successful in its suit and receives a judgment, Lessee shall pay to Lessor all costs, expenses and reasonable attorney's fees incurred by Lessor. 26.WAIVERS. The waiver of Lessor on any default or breach hereof shall not be construed to be a continued waiver of such default or breach, nor as a waiver of permission, expressed or implied, of any other or subsequent default or breach. 27.LIABILITIES AND HOLD HARMLESS. Lessee shall, and agrees to, hold Lessor and its agents harmless for any and all claims of loss or damage to property, or injury to, or death of persons caused by the intentional acts or unintentional or negligence of Lessee or Lessee's guests, licensees, or invitees, or occurring on the premises leased for Lessee's use. Lessee expressly releases Lessor and its agents and successors or assigns from any and all liability or claims of loss or damage to Lessee's property, equipment or effects, arising out of water leakage, breaking pipes, theft, fire or any other cause. Lessee's goods, equipment and possessions within the building and outside the building are so placed at Lessee's sole risk, sts concerning the operation of other Lessees. Affordable RIP Lessee will park directly in front of their unit unless noted AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • • • and Lessor shall have no liability for any loss or damage caused to said possessions, equipment or goods, whatsoever. Lessee agrees that it will protect, save or keep Lessor harmless and indemnified against and from any penalty, damage or charge imposed for any violation of any laws or ordinance. Lessee acknowledges that insurance is available form independent insurance companies for damage to Lessee's property or equipment and for the liability imposed in this paragraph. 28. SECURITY DEPOSIT. Lessee shall pay herewith a security and damage deposit equal to one months rent, which shall be held by Lessor, without interest, until termination of this lease and shall be refunded to Lessee if the premises are surrendered in satisfactory and clean condition, without damage, and all utility bills, rent and other charges, paid in full. If there are unpaid bills, or damage, or the premises are not clean, the same shall be deducted from said deposit. If deposit is not sufficient, Lessee shall be liable and responsible for any such excess. Such damage deposit may not be deducted from or applied by Lessee to any lease rent due hereunder. Deposit of 500.00 from Suite#206 will attached to this suite. 29. NOTICES. All notices hereunder shall be sent by certified or personal delivery, and all payments hereunder shall be sent by certified or personal delivery. The parties designate the following to be their addresses for all notices and payments: LESSEE: Dilorenzo Penke LLC RECEIVED 406 n 130TH St Omaha, Ne. 68154 AUG 10 2010 LESSOR: Affordable R.I.P. Inc. 5711 South 60th Street NEBRASKA LIQUOR Omaha, NE 68117 CONTROL COMMIISSION 30. SUCCESSOR. This agreement shall be binding upon and shall insure to the benefit of the parties hereto, their assigns, legal representatives and successors. 31. QUIET ENJOYMENT Lessor covenants and agrees with Lessee and upon Lessee paying the rent and performing all the terms and conditions on Lessee's part to be observed and performed, Lessee may peaceable and quietly enjoy the Premises hereby leased subject, nevertheless, to the terms and conditions of this Lease. 32. CHANGES AND ADDITIONS. Lessor hereby reserves the right at any time to make alterations to the building in which the premises are contained and to build other structures adjoining the same. 33.SUBORDINATION. Lessee will, upon written demand by Lessor, execute such instruments as may be required at any time to subordinate the rights and interests of the Lessee under this lease to the lien of any first mortgage at any time placed on the land which the leased premises is a part. It is understood and agreed that Lessor may assign its interest in this lease, either absolutely or conditionally. as further security in connection with any and all deeds of trust or mortgages which may now or hereafter affect the real property of which the leased premises form a part and Lessee herein shall be held and firmly bound to.any such assignee for the full performance of its obligations but with all of its rights set forth provided in this lease. Lessor shall promptly notify Lessee of any such assignment and the terms thereof and shall hold Lessee harmless from any performance which Lessee shall in good faith render to such assignee under the terms of such assignment. 34. EMINENT DOMAIN. In the event the leased premises or any part thereof taken by condemnation or otherwise, the following provisions shall be controlling. A. If the whole of the leased premises shall be acquired or expressly releases Lessor and its agents and successors or assigns from any and all liability or claims of loss or damage to Lessee's property, equipment or effects, arising out of water leakage, breaking pipes, theft, fire or any other cause. Lessee's goods, equipment and possessions within the building and outside the building are so placed at Lessee's sole risk, sts concerning the operation of other Lessees. Affordable RIP Lessee will park directly in front of their unit unless noted AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • condemned by eminent domain for any public of quasi-public use or purpose, then and in that event, the term of this lease shall cease and terminate from the date of the title vesting in such proceeding and Lessee covenants it will make no claim against Lessor for the value of any unexpired term of lease. // B. If any part of the leased premises shall be acquired owj 0 1 condemned by eminent domain for any public or quasi-public use or pu oft d ?O/O such partial taking or condemnation shall render the leased premises -_'� for the business of the Lessee, then and is such event, the term of this lease l ZIQ1 cease and terminate from the date of title vesting in such proceedings, ancr'yMq Lessee covenants it will make no claim against Lessor for the value of any -WO* unexpired term of lease. In the event that the partial taking or condemnation shall afford normal and efficient conduct of the Lessee's business, but shall reduce or limit the usefulness of the premises, then rent shall be adjusted and reduced to account for the reduction in value and usefulness of the premises to the Lessee. C. In the event of any condemnation, Lessee agrees they do not have any right or claim to any part of the awards to Lessor. 35. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties and any executory agreement made hereafter shall be ineffective to change, modify or discharge this lease in whole or in part. unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification or discharge is sought. 36. OPTION TO RENEW. It is further agreed between the parties to this Lease that, at the expiration of the original term, the Lessee shall have the right, exercisable at its sole option, to extent this Lease for _nla_ additional terms of one year each, upon the same terms and conditions, except: rent for 1st renewal term shall be $ nla_I month; rent for 2nd renewal term shall be $_n/a /month; and rent for 3rd renewal term shall be $_n/a . The Lessor shall be notified of the Lessee's intent to exercise such option at least ninety (90) days prior to the end of the then current term. 37. SAVING CLAUSE. The invalidity or un-enforceability of any provision of this lease shall not affect or impair the validity of any other provision. Lessee acknowledges that he has read the above agreement, understands it in full, and agrees to the conditions stated. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease Agreement this P' Day of/.4-:,. ,,,. / t.. 'q r ! By: -[fir By: ., .•I . i' Ryan Pen • Marcie'.. Koziol • Site Manager for Affordable R.I.P., Inc. Keys to Office#_n/a Quantity Keys to Mail Box# n/a Quantity y in connection with any and all deeds of trust or mortgages which may now or hereafter affect the real property of which the leased premises form a part and Lessee herein shall be held and firmly bound to.any such assignee for the full performance of its obligations but with all of its rights set forth provided in this lease. Lessor shall promptly notify Lessee of any such assignment and the terms thereof and shall hold Lessee harmless from any performance which Lessee shall in good faith render to such assignee under the terms of such assignment. 34. EMINENT DOMAIN. In the event the leased premises or any part thereof taken by condemnation or otherwise, the following provisions shall be controlling. A. If the whole of the leased premises shall be acquired or expressly releases Lessor and its agents and successors or assigns from any and all liability or claims of loss or damage to Lessee's property, equipment or effects, arising out of water leakage, breaking pipes, theft, fire or any other cause. Lessee's goods, equipment and possessions within the building and outside the building are so placed at Lessee's sole risk, sts concerning the operation of other Lessees. Affordable RIP Lessee will park directly in front of their unit unless noted AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • n/a Lessor/Lessee called MUD together to switch to tenant's name-554-6666 n/a Lessor/Lessee called O.P.P.D. together to switch to tenants name-536-4131 NEBAUG 10 2010 RASKA LIQUQR C43NTROL CoMMIISSION INDEX AFFORDABLE - RIP LEASE SUITE 1. Leased Premises 2. Lease Temi 3. Rent 4. Use 5. Use, Occupancy and Compliance With Law 6. Condition and Alteration of Premises 7. Improvements 8. Alterations By Lessor 9. Alterations By Lessee 10. Signs 11. Inspection 12. Maintenance 13. Utility Payments 14. Insurance 15. Destruction By Fire Or Casualty 16. Lessor Not Liable For Delays Beyond Its Control 17. Force Majeure 18. Taxes 19. Termination 20. Abandonment 21. Assignment or Subletting 22. Attomey's Fees 23. Waivers 24. Liabilities and Hold Harmless 25. Security Deposit 26. Notices 27. Successor 28. Quiet Enjoyment 29. Changes and Additions 30. Subordination 31. Eminent Domain 32. Entire Agreement 33. Option to Renew 34. Saving Clause have any right or claim to any part of the awards to Lessor. 35. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties and any executory agreement made hereafter shall be ineffective to change, modify or discharge this lease in whole or in part. unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification or discharge is sought. 36. OPTION TO RENEW. It is further agreed between the parties to this Lease that, at the expiration of the original term, the Lessee shall have the right, exercisable at its sole option, to extent this Lease for _nla_ additional terms of one year each, upon the same terms and conditions, except: rent for 1st renewal term shall be $ nla_I month; rent for 2nd renewal term shall be $_n/a /month; and rent for 3rd renewal term shall be $_n/a . The Lessor shall be notified of the Lessee's intent to exercise such option at least ninety (90) days prior to the end of the then current term. 37. SAVING CLAUSE. The invalidity or un-enforceability of any provision of this lease shall not affect or impair the validity of any other provision. Lessee acknowledges that he has read the above agreement, understands it in full, and agrees to the conditions stated. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease Agreement this P' Day of/.4-:,. ,,,. / t.. 'q r ! By: -[fir By: ., .•I . i' Ryan Pen • Marcie'.. Koziol • Site Manager for Affordable R.I.P., Inc. Keys to Office#_n/a Quantity Keys to Mail Box# n/a Quantity y in connection with any and all deeds of trust or mortgages which may now or hereafter affect the real property of which the leased premises form a part and Lessee herein shall be held and firmly bound to.any such assignee for the full performance of its obligations but with all of its rights set forth provided in this lease. Lessor shall promptly notify Lessee of any such assignment and the terms thereof and shall hold Lessee harmless from any performance which Lessee shall in good faith render to such assignee under the terms of such assignment. 34. EMINENT DOMAIN. In the event the leased premises or any part thereof taken by condemnation or otherwise, the following provisions shall be controlling. A. If the whole of the leased premises shall be acquired or expressly releases Lessor and its agents and successors or assigns from any and all liability or claims of loss or damage to Lessee's property, equipment or effects, arising out of water leakage, breaking pipes, theft, fire or any other cause. Lessee's goods, equipment and possessions within the building and outside the building are so placed at Lessee's sole risk, sts concerning the operation of other Lessees. Affordable RIP Lessee will park directly in front of their unit unless noted AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • RECEIVED Dij AUG 10 2010 DiLorenzo-Penke, LLC NEBRASKA LIQUOR Distributing Craft&Imported Beers and Fine Wine CONTROL COMMISSION 5711 South 60th Street,Suite 206 Omaha, NE 68117 Phone: (402) 578-1555 dilorenzo.penke@igmail.com August 9, 2010 Enclosed please find DiLorenzo-Penke, LLC's Application for Addition to Liquor License for our wholesale licenses 81870 W and 81871 X. We would like to add suite 205 to the licenses. This is a 900 square foot warehouse bay that connects to our current licensed premises through a contiguous doorway. Your acceptance of this addition to our liquor license is appreciated. If you have any questions please feel free to contact us. Sincere y, Mike DiLorenzo DiLorenzo-Penke, LLC 5711 S 60th St,Suite 206 Omaha, NE 68117 dilorenzo.penke@gmail.com Cityo Omaha ,zebras a 7 1819 Farnam —Suite1 z �� �� ^�t LC � _�' ilk � Omaha, Nebraska 68183-0112 0v "�_: .' Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 0R'�ED FEaRvt►�4 August 17, 2010 Dilorenzo-Penke, LLC Application for an addition to your present Dba"Dilorenzo-Penke" Class "X & W".Wholesale Liquor Licenses 5711 South 60th Street, of an area approx. 30' x 30' to the north Bldg 200, Suite 206 Omaha,NE 68117 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for an addition has been set for August 31, 2010 . 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. You may wish to attend the hearing if you have any pertinent information you feel the Council will need for their recommendation. Sincerely yours, caOr 4/./bd::0 Buster Brown City Clerk BJB:clj nt Domain 32. Entire Agreement 33. Option to Renew 34. Saving Clause have any right or claim to any part of the awards to Lessor. 35. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties and any executory agreement made hereafter shall be ineffective to change, modify or discharge this lease in whole or in part. unless such executory agreement is in writing and signed by the party against whom enforcement of the change, modification or discharge is sought. 36. OPTION TO RENEW. It is further agreed between the parties to this Lease that, at the expiration of the original term, the Lessee shall have the right, exercisable at its sole option, to extent this Lease for _nla_ additional terms of one year each, upon the same terms and conditions, except: rent for 1st renewal term shall be $ nla_I month; rent for 2nd renewal term shall be $_n/a /month; and rent for 3rd renewal term shall be $_n/a . The Lessor shall be notified of the Lessee's intent to exercise such option at least ninety (90) days prior to the end of the then current term. 37. SAVING CLAUSE. The invalidity or un-enforceability of any provision of this lease shall not affect or impair the validity of any other provision. Lessee acknowledges that he has read the above agreement, understands it in full, and agrees to the conditions stated. IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease Agreement this P' Day of/.4-:,. ,,,. / t.. 'q r ! By: -[fir By: ., .•I . i' Ryan Pen • Marcie'.. Koziol • Site Manager for Affordable R.I.P., Inc. Keys to Office#_n/a Quantity Keys to Mail Box# n/a Quantity y in connection with any and all deeds of trust or mortgages which may now or hereafter affect the real property of which the leased premises form a part and Lessee herein shall be held and firmly bound to.any such assignee for the full performance of its obligations but with all of its rights set forth provided in this lease. Lessor shall promptly notify Lessee of any such assignment and the terms thereof and shall hold Lessee harmless from any performance which Lessee shall in good faith render to such assignee under the terms of such assignment. 34. EMINENT DOMAIN. In the event the leased premises or any part thereof taken by condemnation or otherwise, the following provisions shall be controlling. A. If the whole of the leased premises shall be acquired or expressly releases Lessor and its agents and successors or assigns from any and all liability or claims of loss or damage to Lessee's property, equipment or effects, arising out of water leakage, breaking pipes, theft, fire or any other cause. Lessee's goods, equipment and possessions within the building and outside the building are so placed at Lessee's sole risk, sts concerning the operation of other Lessees. Affordable RIP Lessee will park directly in front of their unit unless noted AA., AO 0 s cnn -! ble times and with reasonable prior notice to enter the Premises and inspect same, or to make such repairs, additions or alterations as may be deemed necessary i•, for the safety, comfort or preservation of the building. 18. PARKING. Notwithstanding anything contained herein to ' , • the contrary, Tenant shall acquire no right to a 8 col iO number. 9 p r or location of parking spaces for its employees or customers on . the parking areas outside the Premises. Tenant shall 4iave the right, in common, with the other tenants of the building -in .which. f Landlord. Landlord and Tenant each release the other from responsibility 5 for, and waive Choir entire claim Of recovery for (i) any loam or ' damage to the real or personal property of either located .. anywhere about the Premises and including without limitation any t.. -«i pt movable furniture, shalt at Landlord's option become the property of Landlord, or if • Landlord so requires,Tenant shall put the Premises back to their original condition,or condition • • - 2 • III T CD n CD �+ O � � �1`1,-1-1 Q w tiiC - 0 o O ti CD A � Q C4r � oCDn o .. C NC7 • o a O C7 � � " find DiLorenzo-Penke, LLC's Application for Addition to Liquor License for our wholesale licenses 81870 W and 81871 X. We would like to add suite 205 to the licenses. This is a 900 square foot warehouse bay that connects to our current licensed premises through a contiguous doorway. Your acceptance of this addition to our liquor license is appreciated. If you have any questions please feel free to contact us. Sincere y, Mike DiLorenzo DiLorenzo-Penke, LLC 5711 S 60th St,Suite 206 Omaha, NE 68117 dilorenzo.penke@gmail.com