Loading...
RES 2010-0721 - Addition of area to Zio's Pizzeria �4'f 1 ST9 1jh1t 'Aq F C E IV E CD STATE OF NEBRASKA 4 a` i;,'���A-�e.7.4,1 Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION tir.,, ,; 1911. a' Governor �� —7 r Q l Hobert BI,iRupoe b In r ‘,m, 301 Centennial Mall South, 5th Floor P.O.Box 95046 CITY CLERK Lincoln,Nebraska 68509-5046 June 4, 2010 (1M,1AHAti NEgRttSK, Phone(402)471-2571 Fax(402)471-2814 TRS USER 800 833-7352(TTY) OMAHA CITY CLERK web address:http://www.lcc.ne.gov/ 1819 FARNAM STREET, SUITE FC-1 OMAHA NE 68183 Dear Clerk The above licensee has requested a/an ADDITION: LICENSE #: I-16994 • LICENSEE NAME: Zio's Pizzeria Inc TRADE NAME: Zio's Pizzeria ADDRESS: 12995 W Center Rd • 'Omaha NE 68144 - Douglas County CONTACT PHONE: 402-397-8550 or 402-612-2256 - Usha Sherman DESCRIPTION One story bldg approx 60' x 50' including a sidewalk cafe READS: approx 30' x 20' located to the north ADDING: New area to the East approx 59' x 25' NEW LICENSE One story bldg approx 60' x 75' including a sidewalk café to the WILL READ: North approx 30' x 20' Please present this request to your CITY/ VILLAGE / COUNTY BOARD and send us a copy of their recommendation. If recommendation of denial or no recommendation is made, the Commission has no alternative but to cease processing this request. Sincerely, NEBRASKA LIQUOR CONTROL COMMISSION VC/ Kristina Radicia Licensing Division Cc: file Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper SCHOOL r OSPITAL C> ME FOR THE 4AGED INDIGENT 3(3_. OR VETERANS COLLEGE OR UNIVERSITY � � (Authorized Signature) (DC) f the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #I 16994 ZIO'S PIZZERIA INC. 12995 WEST CENTER ROAD 68144 330-1444 DBA ZIO'S PIZZERIA MAIL-P 0 BOX 24887 68124-0887 NLCC ORDERS 2005-2006 RENEWAL CHANGED FROM CLASS "J" *2006-CHANGE OF LOCATION APPROVED TO 12995 WEST CENTER ROAD RECEIPT#L 000477 OTHER ACTIVITIES 6-6-06 CHANGE OF LOCATION FROM 13463 WEST CENTER ROAD CCID#592 APPROVED *2-9-07-TAVERN REPORT RE: SELLING TO A MINOR& MINOR IN POSSESSION INSIDE THE ESTABLISHMENT*6-22-10-REQ ADD OF AN AREA APPROX 59'X 25'TO THE EAST* LICENSED PREMISES 1 STY BLDG APPROX 60'X 50' INCLUDING SIDEWALK CAFE APPROX 30'X 20' LOCATED ON NORTH SIDE *(OLD-13463 W CENTE RD-AREA APPROX 48'X 80', BLDG "C", BAKER SQ SHOPPING CENTER) • OFFICERS: PRES/DIR/MGR-DANIEL R SHERMAN (H) 392-1881 *VP/SECR-USHA SHERMAN, 2302 SOUTH 102ND STR, 68124 (H) 397-4040 ©612-2256 *CORP ADDRESS-ORP ADDRESS-P 0 BOX 24887, 68124 402-612-2256 - Usha Sherman DESCRIPTION One story bldg approx 60' x 50' including a sidewalk cafe READS: approx 30' x 20' located to the north ADDING: New area to the East approx 59' x 25' NEW LICENSE One story bldg approx 60' x 75' including a sidewalk café to the WILL READ: North approx 30' x 20' Please present this request to your CITY/ VILLAGE / COUNTY BOARD and send us a copy of their recommendation. If recommendation of denial or no recommendation is made, the Commission has no alternative but to cease processing this request. Sincerely, NEBRASKA LIQUOR CONTROL COMMISSION VC/ Kristina Radicia Licensing Division Cc: file Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper SCHOOL r OSPITAL C> ME FOR THE 4AGED INDIGENT 3(3_. OR VETERANS COLLEGE OR UNIVERSITY � � (Authorized Signature) (DC) f the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • Print Form APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use NEBRASKA LIQUOR CONTROL COMMISSION J i i N 0 1 2010 301 CENTENNIAL MALL SOUTH u PO BOX 95046 PHONE:(4 2) 71-25 1 NEBRASKA LIQUOR PHONE:(402)471 2571 FAX: 47I-2814 (`OP4TROl COAAUIFII ION Website:te: www.icc.ne.¢ov Application: • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission • Must include a copy of the lease or deed showing ownership of area to be added • o This is still required even if it's the same as on file with our office • Must include simple sketch showing existing licensed area and area to be added,must include outside dimensions in feet(not square feet),direction north. No blue prints. • May include a letter of explanation LIQUOR LICENSE# LICENSEE NAME .___ ,%C1S_.. ._ .__ TRADE NAME ...._._. ZCos et-t—Lex + `�. • PREMISE ADDRESS' _la`icn • C ti f 12Nci CITY OIMOJtna ....,; lAshA Shec m CONTACTPERSON _,,..;�..__......_S_.._....._................_._. . __.._..__.. .....__....... . u... _ _-._.: . _ _y. ,.._ ...._ ..._....__...._.. ..._...._ __.__.. .........___... .____.._.: PHONE NUMBER OF CONTACT PERSON qoa- 3cri-$S'S-5 (ion.) 1c2 Ct (,cs-Ra 's Cell. Complete the following questions: 1) Are.you adding on to your building? Lg. Yes 1E3 . No o Include a sketenof the area to be added showing: o existing building O outside dimensions(in feet) o direction.north . 2) ..Are you adding an.outdoor area? Yes o If an outdoor area(check one of the following) ® 012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • • 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? Y--'.'-. lY iii ...-..it...t''B�'r' -i--..t-v•.,--w vr-ei^'C^-c^^-c^-�"�-c-i^-�•v^r mu.•-¢._.__ .�____..'tr- _y. ._ • Inctu a a.sketch of the area to be added showing: existing building o outside dimensions(in feet) • o direction north 1 ' JUN O X 2O ✓uNUA sNc.g-Im(kN NEBRASKALUQUOk Print Name of Signature CONTPni r'fMMIQQRnU Signature of Licensee or Officer State of Nebraska County of NIMIOD The forgoing i' •n yvps ck �fledge before me this 'L I ItO Date No ry ature Affix Seal H- KATHERINE L.CZERVANSIO Hoorsfildint gp�of Womb : 2 u... _ _-._.: . _ _y. ,.._ ...._ ..._....__...._.. ..._...._ __.__.. .........___... .____.._.: PHONE NUMBER OF CONTACT PERSON qoa- 3cri-$S'S-5 (ion.) 1c2 Ct (,cs-Ra 's Cell. Complete the following questions: 1) Are.you adding on to your building? Lg. Yes 1E3 . No o Include a sketenof the area to be added showing: o existing building O outside dimensions(in feet) o direction.north . 2) ..Are you adding an.outdoor area? Yes o If an outdoor area(check one of the following) ® 012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • ! oSi.- • 5o - fiamesto k yr .fs, ;----/ .0 ! 4,6„,-)\0, ....4-- REcElvs . „„,„0„ .../., _ _...,.iii 1 JUN 012010 �gSALIQu op� r '` 7 CON ESor coMM1SSi 01IIP 1 z', J. 'f i . . _ ,.. -01 I 9 � T Lash ismot We womb • I ng 1 aye ; • F ifL • New dh rn P.nS, N - s = a96 .. j ,' 5.. -\ APR 0 Z6S � 3 ,sKp+uctuoimtmss ON FIRST AMENDMENT TO LEASE pdC 2 ` V v THIS FIRST AMENDMENT TO LEASE is made and entered into on this 16th day of March, 2010, by and between BEVERLY HILLS, L.L.C., a Nebraska Limited Liability Company, By its Manager,FIRST MANAGEMENT,INC.,a Nebraska corporation with offices at Suite 550-'The Center, 1941 South 42nd Street, Omaha, Nebraska 68105-2982, hereinafter called "Owner", and ZIO'S PI7.7.FRIA,INC.,with offices at 7834 West Dodge Road,Omaha,Nebraska 68114,hereinafter called "Tenant"; WITNIESSETH: WHEREAS, Owner and Tenant entered into a lease dated June 2, 2003, demising to Tenant Space No.7834 West Dodge Road,such spacebeing a portion of a shopping center development known as Beverly Hills Plaza in Omaha,Douglas County,Nebraska,and WHEREAS,Owner and Tenant now desire to amend said lease to add six(6)years oflease term thereto; NOW THEREFORE,the consideration forthis agreemmtbemnthe covenants contained herein Owner and Tenant agree as follows: ONE The term of said June 2,2003 lease is hereby extended for an additional lease term of six(6)years beginning October 1,2010 and ending September 30,2016 in accordance with the same terms, conditions and covenants as the existing lease. TWO Add to lease Section 4,Rent the following: "For the additional lease term of October 1,2010 through September 30,2016,the Tenant hereby agrees to pay the following: :> First through Third lease years - $50,400.00 each lease year, payable ' $4,200.00 each month,and Fourth through Sixth lease years - $51,800.04 each lease year, payable $4,316.67 each month." THREE This aereement shall not be effective until executed by both Owner and Tenant `. es,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,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • Space , S34 1 n� )1 i ge .."6 i�M 1 _7 � 1 - _ • i _ .. as Beverly Hills Plaza in Omaha,Douglas County,Nebraska, and t4;; • WHEREAS,Owner and Tenant now desire to amend said lease to adc }" ;: " >. APR 16 2010 44 thereto; �RASKA LIQUOR ; NOW THEREFORE,the consideration for this agreement being the • ;�� � N herein Owner and Tenant agree as follows: _`: ONE The term of said June 2,2003 lease is hereby extended for an additional lease term of six(6)years beginning October 1,2010 and ending September 30,2016 in accordance with the same terms,conditions and covenants as the existing lease. TWO Add to lease Section 4,Rent the following: "For the additional lease term of October 1,2010 through September 30,2016,the.' Tenant hereby agrees to pay the following: First through Third lease years - $50,400.00 each lease year, payable $4,200.00 each month, and Fourth through Sixth lease years - $51,800.04 each lease year, payable $4,316.67 each month." THREE This agreement shall not be effective until executed by both Owner and Tenant. FOUR The execution of this agreement,does not in any mailer waive,relinquish or lessen those rights of Owner'or.Tenant contained in the referenced lease dated June 2,2003, as amended,except as`otherwise modified by the terms of this agreement. 1 Tenant hereby agrees to pay the following: :> First through Third lease years - $50,400.00 each lease year, payable ' $4,200.00 each month,and Fourth through Sixth lease years - $51,800.04 each lease year, payable $4,316.67 each month." THREE This aereement shall not be effective until executed by both Owner and Tenant `. es,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,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • PLANNING DEPARTMENT REPORT DATE: JUNE 7,2010 DUE DATE: JUNE 10,2010f�'` ' y-- CITY COUNCIL HRG JUNE 22,2010 LOCATION: 12995 WEST CENTER ROAD 0 t 4 4 f4 A •9 r '' jY LEGAL DESCRIPTION: ADDITION OF AN AREA APPROX. 59' X 25' TO THE EAST APPLICANT: ZIO'S PIZZERIA,INC.,DBA "ZIO'S PIZZERIA" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "I" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT THIS REQUEST DOES 0 DOES NOT(X) PERTAIN TO AN OUTSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINED `' IF OUTSIDE: OUTSIDE AREA IS N FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) ANNEXATION DATE: ORDINANCE NO. (Only if within nlast ,24 months) EX T G ZONING: e- - p - EXITING LAND USE: `�T�►`C JAC NT LAND USE ND ZONING: C T> An.V A 1- b\ntiO&1-�4is- LS1\p 1 � -�- 1V‘V n + A AA€4C-I 5--rak.c:c C C rtn v, wt lNe-1-4 t5-T12-t- t C.-C- ES iAkYVLv,nn. '(..)(AA 1,t4 6er___1 AtS ‘e--; C� PARKING STALLS P OVIDED: _9 ) .41121f e �` — EXISTING USE DOES/' DOES NOT( )COMPLY WITH Z NING R LATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S 0 AST 2 O1 t k&- .- CnMEN'S vD^S uc l t o G DATE SUBJECT PROPERTY WAS POSTED: - -l ' ( U (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 6----- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 0 Z----------- (State Law) DISTANCE OJ ROPOSED LICENSE T9 ANY CHURCH 0 SCHOOL 6 ITAL d OR THE AGED,INDIGENT _ OR VETERANS !2 4 COLLEGE OR UNIVERSITY (Authorized Signature) (Date) nting the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • cragingsr RECE1 VEAk: JUN 0 1 2010 ,„....- . NNYEBRAOICKArninijigtissi°hOP .-.. • , .... co P ;24 5 - ...- <------------• -- • ••- • • • •-' --- •-• • - - > • .---.5--------,•--", 1. e , <,>\____ _________t______r___.__._ _ •.__,1 I i /. -i•1. .0.1.• Ill 1. . . .... I. 1 c,•. 1 .....______ !, . . .. . .. . • . ... . -- ... . . . . .. . . ... ,.. • • • - _ . ,.• . . . .541- --' ....,. .. . . . . ... . . ._ ..... . . .. ...... .. ... .... ....... .. . ... . . ... . . .. : - • - -•, - ••-• • ...... .... . • . . EQst-. 1 West allINNA . I . ......... . .. . . ..,. .. .. . . . . . ..... ... , 4111111111■ . ...... . 1 . . , .. . • . ,,.. . . . .00' 1,.... •••••• I ' . . ..- .. . . -• •'!T t)(IS+1 n g • ..../1,\.ii . ... . .. . <• Na.'••••. . . . . •_ • ••••_4/.... . . .. . ........ . .. .... . .... .._ . . . . • .4.1 • - • . . .. +. - •• • •• . . .. . ... ... . .......... . . , [ . . 44. c.&' ' • r - • -I. _ .. 4- q.t." : • . N et.) Actc&hbv,) . . . . .\/ d.;me.Alsi'fil, N - S =• 5 41(reel" •• • . . . 1 (________ E- W c/.4 5 `\ ' 2 , ktia 1 clude,but are not restricted to sand volleyball,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • • 0MAHA NF Cityofbras&aOmaha Ne0 : � I' =°�� 1819 F rn — tMr,„irr ^'t� :! 8 a am Suite LC 1 Omaha, Nebraska 68183-0112 0 Buster Brown (402) 444-5550 7,4• 1 ti' City Clerk FAX (402) 444-5263 'T.tD FEBR��44 June 8, 2010 Zio's Pizzeria, Inc. Application for an addition to your present Class Dba"Zio's Pizzeria" "I" Liquor License location of an area approx. 12995 West Center Road 59' x 25' to the east Omaha,NE 68144 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 June 22, 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. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj ) . . . . .\/ d.;me.Alsi'fil, N - S =• 5 41(reel" •• • . . . 1 (________ E- W c/.4 5 `\ ' 2 , ktia 1 clude,but are not restricted to sand volleyball,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • 0 Akit L-e-S Mcf -PI / NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that ZIO'S PIZZERIA, INC. DBA "ZIO'S PIZZERIA" has applied for an ADDITION TO THEIR PRESENT CLASS "I" [On Sale beer,wine and liquor] LIQUOR LICENSE LOCATION TO ADD AN AREA APPROX. 59' X 25' TO THE EAST • located at 12995 WEST CENTER ROAD The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 22, 2010 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. ting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj ) . . . . .\/ d.;me.Alsi'fil, N - S =• 5 41(reel" •• • . . . 1 (________ E- W c/.4 5 `\ ' 2 , ktia 1 clude,but are not restricted to sand volleyball,horseshoepits..) . 'mots 314 .The option shall be exercised by written notice given to Lessor not less than days prior to the expiration of the initial lease term. If notice is not given in the manner provided herein within the time specified,'tiris option shall expire. 23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 24.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in .Additional information regarding radon and radon testing may be obtained from your cauaty public health unit. 2S.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only , by a writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: 1I • Signed this /7 day of ,200 . By: 472-1"lit, Lessor By: see tcil.Aep �- a�tm4..$4 .Sher } L.eorarxi ROSa-smar Att.mmteaAe. a e_ 910 / • .Lessor's Remedies an Default. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof,Lessor may give Lessee notice of such default and if Lessee does not cure any such default within days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,if Lessee does not commence such curing within such days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the _.......premises to Lessor,without extinguishing Lessee's liability if this lease shall have been so terminated by Lessor, Lessor may at any time thereafter resume possession of the preiiiies 6y any lawdul means iTurremove Lesttee or er occupants and their effects,No failure to enforce any term shall be deemed a waiver. • 15.Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of p4 Dollars(S ) as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default .• of Lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease. Pare • • Y CD N rh CD vi �„ rr CA�� O d ri4 . ...,.. 4 ,. cam-. b - 0 0kiNi 11,, g N o o ite.•iltilb , CrN CD /ID 11:$ it a, \ CD O po O Am. Cy r-; 4 6 v, 44 E Fr ed r 4 t\flt c‘N 4 , • . ,,- , U T Lash ismot We womb • I ng 1 aye ; • F ifL • New dh rn P.nS, N - s = a96 .. j ,' 5.. ' . RECEIVED. INTER-OFFICE COMMUNICATION June21, 2010 � � � �� • qq �• to f v!.> i 11: To: Buster Brown City Clerk 21 OMAHA, 11E_BRA� V,A From: J mes Harper, ActingSuperintendent of Permits and Inspection, p p Permits and Inspection Division Subject: Liquor posting for 12997 W. Center Road This business expanded into an adjacent tenant space by creating an opening in the wall between the existing business and the adjacent space. Mechanical and electrical permits were taken out for work being done however, the applicant did not obtain a building permit for the project. When the inspection for the certificate of occupancy was performed the fire department inspector ordered that a building permit be obtained and plans submitted for review to Permits and Inspection. A building permit has been applied for(6/17). A complete plan review has not been completed but a preliminary review indicates a fire sprinkler system is required due to the expansion of the business. The plan is insufficient to perform a complete review. Based on the circumstances, as.staff understands them, a building permit would not be issued We would recommend a layover until such time as a building permit is obtained permits and final inspections are completed. If you have any further questions, please feel free to contact me at 444-5352. • • , •. * � � q � q � 7 § � \ � / � 7 « a w _. § & / q § » ` � \` § ." & < o / • p) R § 2 © § IVfa' m 6 rl ° _ . D @. 8 C) E U 3 / § n 'a 7 / LO1.i ! IP m § § § 0 crci 7 ° \ § s. 0 \ 3 0 :LT p n 0N .._____ \ 'ci0 ƒ� n ± . § § ° \ r • § �' 2 #. @• n q g. m \ cFo ? e CD CO q` P. ^ CD / /' 0 C (A Cr §. 0 N g J a CD n / Cl) c 7 \ \'