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RES 2010-0521 - Addition of area to Han Kuk Kwan Korean Restaurant 4 1. (3y . y (`; RECEIVED STATE OF NEBRASKA F ltiu a .; 4 i!� i/'��}„�t;;���� Dave Heineman .? �r,� 4 NEBRASKA LIQUOR CONTROL COMMISSION ��� .*?, 10 APR I : H ri F- 4 Hobert B. Rupe ryii .,`i _s fir: Governor p n, ! `'i Executive Director 301 Centennial Mall South,5th Floor CITY CLERK P.O.Box 95046 MAN.�, NEB��ts' !�.r Lincoln,Nebraska 68509-5046 OMAHA CITY CLERK Phone(402)471-2571 1819 FARNAM STREET, SUITE FC-1 Fax(402)352 2814 TRS USER 800 833-7352(TTl) OMAHA NE 68183 web address:http://www.lcc.ne.gov/ Dear Clerk The above licensee has requested a/an ADDITION: LICENSE #: I-51670 LICENSEE NAME: B.S. Park Inc TRADE NAME: Han Kuk Kwan Korean Restaurant • ADDRESS: 5032 S 108th St Omaha NE 68137 - Douglas County CONTACT PHONE: 402-850-0742 or (402) 593-0717-soy Wang DESCRIPTION One story bldg approx 34' x 60', single bad located in Galleria READS: Plaza Mall ADDING: Bay area approx 60' x 14' to the West of Bldg NEW LICENSE One story bldg approx 60' x 48', two bay areas' located in WILL READ: Galleria Plaza Mall • 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 VDOI Kristina Radicia � II 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 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #I 51670 B. S. PARK, INC 5032 SOUTH 108TH STREET 68137 593-0717 DBA HAN KUK KWAN KOREAN RESTAURANT NLCC ORDERS • 2005-2006 RENEWAL CHANGED FROM CLASS "J" * OTHER ACTIVITIES 7-17-01 -TRANSFER FROM CHOI'S, INC * RES#1809 GRANT*5-4-10-REQ ADD OF AN AREA APPROX 60'X 14'TO THE WEST* LICENSED PREMISES 1 STY BLDG APPROX 34' X 60', SINGLE BAY LOCATED IN GALLERIA PLAZA MALL OFFICERS: MGR-TOK KUM VANSANT, 9948 S PLZ#1-D, 68127 (H) 592-2340 *PRES/SECR/TREAS-BOK SOON TAMAYO (H) 593-0717©850-0742 *ATTY-JAMES SACOMAN-393-3000 APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use RECEIVED NEBRASKA LIQUOR CONTROL COMMISSION 301 0ENTENNIAL MALL SOUTH PO BOX 95046 MAR 010 LINCOLN,NE 68509-5046 PHONE:(402)471-2571 NEBRASKA LIQUOR FAX:(402)471-2814 CONTROL COMMISSION Website: www.Icc_ne.gm 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# 7 U LICENSEE NAME /3, S , PARK, "INC TRADE NAME Pia Yl 1<l t k I<Wet vl KO YeU vI Re.S`TA A rat1-t • PREMISE ADDRESS t 034 S , /44‘1 Si• CITY - omutHot /r6- 6;4137 CONTACT PERSON Yo y ev n ( Toy) cJai4A - PHONE NUMBER OF CONTACT PERSON (462) � o7''Z (4UZ) 3-07/7 (tie) Complete the following questions: 1) Are you adding on.to your building? [X] Yes ❑ 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? ❑ Yes EJ No If an outdoor area(check one of the following) ❑ 012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball, horseshoe pits...) tA 6 22 . �received I 04/02/2610 FRI 7: 32 FAX 402 471 2814 NE LIQUOR CONTROL COMM. Z002/002 0 012.08"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 EU` o outside dimensions(in feet) o direction north APR. 05 1 t0jOB ctoN NeetBPswtmls— .,0,(''�, �TROL C� /3 0/< Svoi /Amoy° Print Name of Signature e • I3akc A, -4- cep Signature of Licensee or Officer State of Nebraska County of Do to 3 kA The forgoing instrument was acknowledge before me this /1r( I , 2 , /0 . Date Notary Public Signature Affix seal He GENERAL NOTARY-State of eras CHAD OLTRO23 E My Comm.Exp.t 2 s: 1) Are you adding on.to your building? [X] Yes ❑ 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? ❑ Yes EJ No If an outdoor area(check one of the following) ❑ 012.07"Beer garden" shall mean an outdoor area included in licensed premises,which is used for the service and consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball, horseshoe pits...) tA 6 22 . �received I ' t\\ela tolf (5o3‘ s, tow% st. ot►19a Are- bawd 1 I hi/AR Maru Sushi&Korean Grill 7n1f) 5032 S.108th St.Omaha,NE 68137 IVEBRAsic Attn.Joy Wang 402-850-0742 . LL e �' •_._ T1^ 1 °�miSs.ON restroom C restroom .1 Existing Sanitary c ii 0 r restroom kitchen&storage restroom c it z9 i Q ..I1 kitchen (4- . office 9•� III 1 ii IN tr IN BarSink c bi 4® _ 1. • 7' 15'4' it II 4'-2' 1'-6" 19'-0' �$ i' 6 floorsink • 11, � Q 3-4' 3-4"/ ■ ■ �� � � 7'-0" Sushi Showcase ® 7'-0' Sushi Showcase _ • / 1 rt . . ■, ■ 1. ■ ■ ■ ■ 4/ ♦ Fir 4W , ci ♦ ♦ ♦ ♦ .' {`3 `, ♦ Dining area 1* liti+t n cri 40y.- 1 • • • • 1 ♦ tAk i ♦ tf I. ♦ r ;. 1:I a_______Clci:ir-Cli) 0'"•"C F a i jL ce � ' ! r Enter. l� `_�.. _... ... ,_... eatg w. . . ._ ._�._ _.. . This Restaurant was existing Place for more than 10 yr. Now we are expending one more bay. lcoholic 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...) tA 6 22 . �received I RECEIVED MAR 31 2010 NEBRASKA LIQUOR EXERCISE OF OPTION AND ADDENDUM TO EXI NIUROL COMMISSION • TO: K.V. JOINT VENTURE 11205 John Galt Blvd. j\- Omaha, Nebraska 68137 You are advised and this is written notice of our intention and is, by this writing, an exercise of our option to renew and expand the Lease for B.S. Parks, Inc., on 5032-34 South 108th Street, Omaha, Nebraska 68137 for the six year period beginning April 1, 2010 and expiring on March 31, 2016. Below are the modified terms and specifications of this agreement... a. The square footage of 2,112 from 5032-34 S. 108th Street will increase with the addition of 1,120 square feet from 5036 S. 108t" Street to a total of 3,232 square feet. b. The Tenant's new percentage of occupancy will change to 3,232 SF/31,224 SF = 10.35%. c. The Base rent for years 1-6 will be $9.00/SF or $2,424.00 per month. d. Landlord will repair the HVAC units in Bays 5032 and 5034 S. 108th Street. If units are not repairable, Landlord will replace the units. Landlord will warrant the units for replacement for the first 12 months of this new six year term. Afterwards, during the remaining term of the Lease, Landlord and Tenant will split the cost on a 50%, 50% basis if the unit needs to be replaced. e. Landlord will have the HVAC unit in the new 5036 S. 108th Street Bay operational at occupancy and will warrant the unit for replacement for the six year term. f. The balance of the space to be delivered in an "as is" basis in which the Tenant will be responsible for any additional Tenant Improvements and all other items not mentioned or enumerated in this agreement. g. Landlord grants approval for a porch area in the front of the building, subject to Landlord's approval of Tenant's detailed drawing. If necessary, Tenant will also be required to obtain City approval. h. If a grease pit is to be installed, Tenant will provide the Landlord a copy of the • annual inspection report. _ i. Tenant to submit to the Landlord, all copies of the expansion's pertinent building plans and related regulatory permits. j. A rent credit of$1,080.80 will be deducted from the rent for the first 12 months of this new 6 year term. . k. At the end of this option agreement a new five year option period will be granted. The base rent will be $10.00 for years 1 through 3, and will change to $10.25/S.F. for years 4 and 5. This exercise is given in advance and,for the purpose of insuring our tenancy on the same terms and conditions through March 31, 2016. WITNESS: B.S. Parks, Inc. Bak Soon Tamayo 2 -16 DATE ACCEPTANCE K.V. JOINT VENTURE accepts receipt of and acknowledges the exercise of the agreement to extend and expand the Lease for B.S. Parks, Inc. at 5032-34-36 South 108th Street, Omaha, Nebraska 68137 for the period indicated, beginning on April 1, 2010. TT-ST: 1 K.V. JOINT VE URE Paul Vacan i DATE V Apr-07-2010 1159 AM United HealthCare 402-445-5464 4/4 ADDENDUM FOR ADDITIONAL SQUARE FEET K&V Joint Ventura, "Landlord"A General Partnership, of 11205 John Gait Blvd, Omaha, Nebraskaand Bok Soon Tamayo d/b/a 3 Dollar Cafe, "Tenant"located at The Gallerta Plaza, 5032 south 108th Street, Omaha, NE, agree that by this ADDENDUM FOR ADDITIONAL SQUARE FEET, Tenant shall lease additional square footage of 792 square feet at 5034 south 108th Street Omaha, Nebraska. Lessor and Lessee also agree that the same terms and conditions prevailing In the original Lease executed on January 2000 will be extended in all respects to the new leased space except for the following conditions.., a. The additional space of 792 square feat will combine with the current 1,320 square feet for a total of 2,112 square feet. b. The base rent is changed to$1,780.00 a month to reflect the change in square footage and the new base rant of$10.00/SF. o. The new rent payment will take place in February 1, 2001.The end of the lease of April 30, 2004 will remain the same. d. Landlord to provide the following Items In the new space... 1. Create opening between current and new space. 2. Replace burnt out bulbs and damaged light fixture screens. 3. Verify HVAC is In proper working condition upon occupancy. 4. Remove existing restrooms, 5. All other items not mentioned or enumerated are the responsibility of the Tenant. Landlord work is limited to the items in paragraph°d ". 6. Tenant may have posseslon of the Lease space upon completion of the Landlord's work in the space. IT SS: K&V Joint Venture • 11 `/ . Paul 17acentl DATE idiaA Three Dollar Cafe Bok Soo Tamayo rea in the front of the building, subject to Landlord's approval of Tenant's detailed drawing. If necessary, Tenant will also be required to obtain City approval. h. If a grease pit is to be installed, Tenant will provide the Landlord a copy of the • annual inspection report. _ i. Tenant to submit to the Landlord, all copies of the expansion's pertinent building plans and related regulatory permits. j. A rent credit of$1,080.80 will be deducted from the rent for the first 12 months of this new 6 year term. . Apr-07-2010 1159 AM United HealthCare 402-445-5464 2/4 EXERCISE OF OPTION AND ADDENDUM TO: K.V. JOINT VENTURE 11205 John Gait Blvd. Omaha, Nebraska 68137 You are advised and this Is written notice of our intention and is, by this writing, an exercise of our option to renew the Lease for the Bok Soon Tamayo dlbla Three Dollar Café on 5032-34 South 108th Street, Omaha, Nebraska 68137 for the three year period beginning May 1, 2007 and expiring on April 30, 2010. The rent shall be adjusted for the rental period in accordance with Paragraph 26 of the Lease dated December 17th, 1999. This exercise is given in advance and for the purpose of Insuring our tenancy on the same terms and conditions through April 30, 2010, WITNESS: • Bok Soon Tamayo d/bla Three Dollar Café cuiA, M Nrc In, la.0-1Bok Soon Tamayo DATE ACCEPTANCE K.V.JOINT VENTURE accepts receipt of and acknowledges the exercise of option to extend the Lease for Bok Soon Tamayo dlb/a Three Dollar Café, at 4032-34 South 108th Street, Omaha, Nebraska 68137 for the period indicated, beginning on May 1, 2007. ATT ST:_z____S K.V.JOINT VENT E 1.1. „r- / Ff aoan• DAT xture screens. 3. Verify HVAC is In proper working condition upon occupancy. 4. Remove existing restrooms, 5. All other items not mentioned or enumerated are the responsibility of the Tenant. Landlord work is limited to the items in paragraph°d ". 6. Tenant may have posseslon of the Lease space upon completion of the Landlord's work in the space. IT SS: K&V Joint Venture • 11 `/ . Paul 17acentl DATE idiaA Three Dollar Cafe Bok Soo Tamayo rea in the front of the building, subject to Landlord's approval of Tenant's detailed drawing. If necessary, Tenant will also be required to obtain City approval. h. If a grease pit is to be installed, Tenant will provide the Landlord a copy of the • annual inspection report. _ i. Tenant to submit to the Landlord, all copies of the expansion's pertinent building plans and related regulatory permits. j. A rent credit of$1,080.80 will be deducted from the rent for the first 12 months of this new 6 year term. . Apr-07-2010 1159 AM United HealthCare 402-445-5464 3/4 EXERCISE OF OPTION AND ADDENDUM TO: K.V. JOINT VENTURE - 11205 John Galt Blvd, Omaha, Nebraska 68137 You are advised and this Is written notice of our intention and Is, by this writing, an exercise of our option to renew the Lease on 5032 and 5034 South 108th Street, Omaha, Nebraska for the three year period beginning May 81, 2004 and expiring on April 30, 2007. The rent shall be adjusted for the option period in accordance with Paragraph 28 of the Lease on January 1, 2000. This exercise is given In advance and for the purpose of insuring our tenancy on the same terms and conditions as provided for In the Lease and in accordance with Paragraph 26 of the Lease through April 30, 2007. WITNESS: BOK SOON TAMAYO dlb/a THREE DOLLAR CAPE Sok Soon Tamayo i� D.c, 03, PATE ACCEPTANCE K.V. JOINT VENTURE accepts receipt of and acknowledges the exercise of option to extend the Lease on 5032 and 5034 South 108th Street, Omaha, Nebraska to BOK SOON TAMAYO d/bla THREE DOLLAR CAFE for the period Indicated, beginning May 1, 2004, T: K.V. JOINT VENT RE * Paul Vacanti DATE eens. 3. Verify HVAC is In proper working condition upon occupancy. 4. Remove existing restrooms, 5. All other items not mentioned or enumerated are the responsibility of the Tenant. Landlord work is limited to the items in paragraph°d ". 6. Tenant may have posseslon of the Lease space upon completion of the Landlord's work in the space. IT SS: K&V Joint Venture • 11 `/ . Paul 17acentl DATE idiaA Three Dollar Cafe Bok Soo Tamayo rea in the front of the building, subject to Landlord's approval of Tenant's detailed drawing. If necessary, Tenant will also be required to obtain City approval. h. If a grease pit is to be installed, Tenant will provide the Landlord a copy of the • annual inspection report. _ i. Tenant to submit to the Landlord, all copies of the expansion's pertinent building plans and related regulatory permits. j. A rent credit of$1,080.80 will be deducted from the rent for the first 12 months of this new 6 year term. . BUSINESS PROPERTY LEASE A3YA0VED BY—B_UILDrNG OWNERS AND MAN/5C.J FS ASSOCIATION OF OMA iA.. INC. 'eage, Made and executed In triplicate by and between The LESSOR K.V. JOINT VENTURE, 11205 John Galt Boulevard, Omaha, Nebraska 68137 ®� R and the LESSEE BOK SOON TAMAYO d/b/a THREE DOLLAR CAFE, 5032 South 108th1 � Omaha, Nebraska 68137 (} oQ0 Zp1 0 iltii ttriegetij: That the Lessor does hereby demise and lease unto the Lessee, the following described prop'situate6(330 0� Omaha, Douglas County, Nebraska, to-wit: PSG M�5 DESCRIPTION OF PROPERTY Cf) ' I Building #54 - Galleria Plaza - 5032 South 108th Street, Suite 16, Omaha60 ka 68137 consisting of 1,320 Square Feet, more or less TERM AND PURPOSE 1. The Lessee agrees to use and occupy the premises for Korean Restaurant and no other purpose, for a term of four (4) months, four (4) years, said lease term beginning on January 1 7000 and ending on April 30 2004 unless sooner terminated as hereinafter provided. RENTAL 2. In consideration of the foregoing demise, the Lessee hereby covenants to perform the agreements hereby imposed, and to pay the Lessor as rental for said premises the sum of (4 ---- ),payable as follows: For the period from January 1, 2000 ,� April 30 2004,41.114.53 per month For the period from__ to 19_, per month said rental to be payable monthly in advance,on the first day of each successive month, at the office of K.V. Joint Venture, 11205 John Galt Boulevard, Omaha, Nebraska 68137 , oratsuch other place as the Lessor shall direct. RENTAL ADJUSTMENT 2. (a) It is understood and agreed that the amount of rent stated above in Paragraph 2 of this lease shall be the base rental and,shall be adjusted on the first day of the second year of this lease and each yearly anniversary thereafter in order to reflect the change in purchasing power of the dollar. Such adjustments shall be made upon the following basis of computation:-The most recent U. S. Department of Labor Consumer Price Index: U. S. City Average, ALL URBAN CONSUMERS (CPI-U)1982_84=103All Items, report for the month of 1-1-2000 , showing the index as when reported shall be considered as the base and the price index in effect for the corresponding month in each successive year shall be compared with this base index figure. The annual rental shall be either increased or decreased by the percentage of increase or decrease in the price index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. li . I I GUARANTEE In consideration of the execution of the within lease by the Lessor at 1 tS request and on the faith of this guarantee, 1 hereby guarantee unto the Lessor and to the Lessor's assigns,the payment of the rent and the performance of all the covenants of the Lessee under said lease,and I will pay all expenses, including attor- ney's fees incurred in enforcing the obligations of the Lessee or incurred in enforcing this guarantee, and I hereby waive notice of any default under said lease end agree that trey liability hereunder shall not be released or affected by any extension of time for payment or by any forbearance or by any waiver or consent by the obligee herein or by any modifications of the said lease. i✓ 1/ • WITNESS band at the date of the within lease. Gt= ✓Citii.i Gt.,,,,25—�() Bok Soon Tamayd I In presence of: ASSIGNMENT AND ACCEPTANCE For value received, the Lessee hereby assigns all right, title and interest in and to the within lease, from and after 19 unto his or Its heirs and assigns, and in consideration of the Lessors consent to this assignment agrees to remain primarily liable to the Les sor,jointly and severally with the assignee,for the performance of all of the covenants on the part of the Lessee in said lease mentioned. Dated this day of 19 - _ In consideration of the above assignment,.and the written consent of the Lessor hereto, the undersigned hereby assumes and agrees to make all payments from and-after , 19 , and to perform all the covenants and conditions of the within lease to be made and performed by the Lessee,and to hold the assignor harmless from all liability thereunder. Dated this day of 19 CONSENT TO ASSIGNMENT Lessor hereby consents to the assignment of the within lease to on the express conditions, however that the assignor shall remain liable for the prompt payment of the rent and performance of the covenants on the part of the Lessee as herein mentioned and that no further assignment of said lease or subletting of the premises, or•any part hereof,,shall be made without the written consent of the Lessor first had thereto. Dated this day of 19 • • I . t i il • w . .i Q CI) A N K •• Vf t/f • tn i Pfl� 1 i k. FF a• e index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. • 14. Lessee covenants to, and it is the essence of tars lease that the Lessee shall,continuously and umnterruptetuy auring toe term of this lease, occupy and use the premises for the purpose hereinabove specified, except while premises are untenantable by reason of l! fire or other unavoidable casualty, and in this connection it is agreed that in case of breach of this covenant the Lessee shall, in addition to the rental hereinabove provided for, pay to the Lessor monthly a sum equal to 25%of the monthly rental stipulated herein, for each and every month during which the premises are not so continuously and uninterruptedly used and occupied, as liquidated damages for the Lessee's breach of covenant, it being recognized by the parties that the exact amount of damages to the Lessor on account of such breach cannot be accurately ascertained. This provision shall, however, in no wise abridge or affect any other right or remedy which the Lessor may have on account of or in connection with the Lessee's breach of this covenant. ` Provided also, and this lease is upon these express conditions, that the Lessor and the Lessor's successor or assigns shall have the right to terminate this lease absolutely at the end r.f the calendar month by first giving to the Lessee, or the Lessee's assigns, or by leaving at said demised premises, addressed to the Lessee, at least six months before the date of such termination, a written notice of the Lessor's intention to remodel, remove or demolish the said building, or to sell, or make a ground lease of the land thereunder, the rate of rent herein stipulated being the consideration for this agreement. ~ HOLDOVER 15. The Lessee agrees at the termination of this lease, by lapse of time or otherwise, to forthwith leave, surrender and yield up the demised premises in good and substantial order and repair. It is understood and agreed that this lease shall not extend beyond the term herein granted,and a holding over or continuance in the occupancy of the demised premises shall not work an extension of the said lease, but in any and all such cases, the Lessee shall be a trespasser or a tenant at will at the option of the Lessor, subject to removal by the said Lessor by summary process and proceedings, it being provided further that an acceptance of rent by the Lessor during such holding over period shall operate to create a tenancy from month to month only, terminable upon thirty days' notice, and in that case all provisions of this lease not inconsistent with a tenancy from month to month shall remain in force. ACCEPTANCE OF RENT AFTER PROCEEDINGS 16. It is agreed that after the service of notice of the commencement of suit,or after final judgment for possession of the premises, the Lessor may receive and collect any rent due without prejudice to,nor waiver of or effect upon the said notice,suit or judgment. • CHARGES ADDED TO RENT 17. In the event of the failure of the Lessee to perform any of the covenants, agreements or conditions herein contained, the Lessor shall have the right but shall not be obligated to pay any sum of money or incur any expense which should have been paid or incurred by the Lessee in the performance of any such covenant, agreement or condition. The Lessee covenants that its case the Lessor, by reason of the failure of the Lessee to perform arty of the covenants, agreements, or conditions herein contained, shall be compelled to pay or shall pay any sum of money, or shall be compelled to do or shall do any act which requires the payment of money, then the sum or trims so paid or required to be paid, together with interest,costs and damages,shall be added to the installment of rent, next becoming due and shall be collectible as additional rent in the same manner and with the same remedies as if it had been . originally reserved, any sum so paid by Lessor to bear interest at the rate of 6%per annum from date of payment by Lessor to date of i repayment by Lessee. WAIVER—NONE 18. The failure of the Lessor to insist upon a strict performance of any of the covenants or conditions of this lease or to exercise II any right or option herein conferred in any one or more instances, shall not be construed as a waiver or a relinquishment for the future of any such covenants, conditions, rights or options, but the same shall remain in full force and effect; and the doing by the Lessor of any act or thing which Lessor is not obligated to do hereunder shall not be deemed to impose any obligation upon the Lessor to do any such act or thing in the future or in any way change or alter any of the provisions of this lease. 19. No surrender of the premises for the remainder of the term herein shall be binding upon the Lessor unless accepted by the Lessor in writing. Without limiting the scope or effect of the last preceding sentence, it is agreed that the receipt or acceptance of the keys of the premises by the Lessor shall not constitute an acceptance of a surrender of said premises. LESSOR'S RIGHT CUMULATIVE—NO CHANGE HEREOF EXCEPT IN WRITING 20. All rights and remedies of the Lessor under or in connection with this lease shall be cumulative and none shall be exclusive of any other rights or remedies allowed by law. No agreements shall be held as changing or in any manner modifying, adding to or detracting from any of the terms or conditions of this lease, unless such agreement shall be in writing,executed by both parties hereto. EMINENT DOMAIN 21. If the whole or any part of the premises hereby leased shall be taken by any public authority under the power of eminent domain, then the term of this lease shall cease on the part so taken from the day the possession of that part shall be required for any purpose,and the rent shall be paid up to that day,and if suchportion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased, then,from that day the Lessee shall have the right either to terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein pro. vided, except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor, including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however, that the Lessor shall not be entitled to any portion of the award made to the Lessee. EXPLANATORY PROVISION 22. The words "Lessor" and"Lessee" shall be taken to include and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns, and shall be taken in the plural sense,whenever the context requires, and all pro• nouns used herein and.referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall not be con- sidered as in any manner defining,limitingor describing the scope or intent of the particular paragraphs to which they refer or as affecting the meaning or construction of the language in the body of such paragraphs. ! 23. If Lessor does not now have possession of the premises, it is hereby covenanted and agreed that if the demised premises above described shall not be available for occupancy at the date named in said lease as the time when the lease term is to commence, then ,I said lease shall commence on the date when said premises shall be available for occupancy, and a pro rata abatement of the rental herein provided shall be made until said premises are available for occupancy but the expiration of said lease shall remain the same; and C the Lessor shall not be liable for any loss or damage of any kind whatsoever that the Lessee may sustain or claim to have sustained :1 4 --- J.� by reason of such delay. I ll Until this lease Is executed on behalf of all parties hereto, it shall be construed as an offer of proposed Lessee to proposed Lessor. Time being of the essence, this lease must be completed on behalf of all parties on or before December 24. 1999 to be effective. 24. Any notice which either party may desire or be required to give to the other party shall be in writing and shall be delivered by personal service or sent by registered or certified mail, return receipt requested,addressed to: 1 c In case of Lesson K.V. Joint Venture In case of Lessee: Bok Soon Tamayo 1! Typed Name of Lessor Typed Name of Lessee Address: 11205 'John Galt Boulevard Adore::: 5032 South 108th Street is Omaha. Nebraska 68137 Omaha, Nebraska 68137 1 :*Lessee, upon execution of•this Lease, must put all Gas and Electric Utility Meters in their name. Under noI` cir!anstances whatsoever will Landlord continue to maintain utilities inn�h)s nape. II ii . •IN WITNESS WHEREOF, the parties hereto have executed this lease this /h"day of December , 1999 .I i :, W NESJ�/" K.V. JOINT ENTUR Paul acanti t Lessor !:! Lessor BOK SOON TAMAYO d/b/a THREE DOLLAR CAFE Lessee Bill( Scm/tJ 7- tAA. Y.0 1 . 8ok Soon Tamayo . • Lessee li j. li all other equipment, listures and appurtenances, and excepting onla the exterior nl the premises (exterior of the premises shall not include windows, doors or any glass). Hntictar. it is not the intention of the parties hereto that the foregoing repairs. re• newals, replacements, and/or decorations shall be made by the Lessee ,when such repairs, renewals, replacements and/or decorations are occasioned by fire, windstorm or other unavoidable casualty, except that the Lessee shall make all glass replacements made ❑eces. sary from any cause other than fire, windstorm and structural deficiency of the building. ASSIGNING, SUBLETTING, INSURANCE, AITERATIONS, AIR CONDITIONING, COOLING 7. It is provided that the Lessee shall not assign this lease nor let or sublet said premises or any part thereof nor use the same nor permit the same to be used for any purpose other than as above described, nor keep or store in or about the premises anything which will increase the rate of insurance on the building, nor permit any change in occupancy or transfer of this lease by operation of law,,pr otherwise, nor make any alterations or additions or improvements, including air conditioning and cooling systems in said premises, nor place, affix or display in any manner in, upon or in connection with said premises, any ""for rent," display or advertising sign or device without the written consent of the Lessor first obtained, and Lessee will not invalidate any policies of insurance now or hereafter made on said building, and Lessee will pay all extra insurance premiums on said building, if any, required on account of extra risk caused by the Lessees use of the demised premises, and it is further provided that all additions, fixtures or improvements which may be made by the Lessee to said premises, except movable office furniture and trade fixtures, shall be made only after the Lessor has given written consent and shall become the property of the Lessor, and shall remain and be surrendered in good condition with the premises as a part thereof at the termination of this lease, by lapse of time or otherwise. It is understood and agreed, however, that Lessee shall maintain an insurable interest in said additions, fixtures and improvements during the term of this lease and that in the event of any casualty-loss to said additions, fixtures and improvements the Lessee shall be entitled to the proceeds from any insurance the Lessee may have carried on the same. Lessee agrees, upon the termination hereof, to remove all Lessee's property except such as according to the conditions of this lease is to remain as part of the premises. COMPLIANCE WITH LAWS—KEEP PREMISES SAFE AND CLEAN 8. The Lessee shall keep said premises and operate Isis business therein in a manner which shall be in compliance with all laws, rules and regulations, orders and ordinances of the city, county, state and federal government and any department-of.either, and will not suffer or permit the premises to be used for any unlawful purpose, and he will protect the Lessor and save him and the said premises harmless from any and all fines and penalties that mar' result from or be due to any infractions of, or non-compliance with, the said laws, rules, regulations, orders and ordinances. Lessee agrees to keep the said premises and all sidewalks and approaches thereto in a safe condition and free and clear of ice and snow and all other matter which may be dangerous to the public and free of all obstructions. • Lessee will hold Lessor exempt and harmless for and on account of any damages or injury to any person, or to the goods, wares and merchandise of any person, arising from the use of the premises by lessee, or arising from the failure of Lessee to keep the premises in good condition as herein provided. DAMAGE BY FIRE OR OTHER CASUALTY TERMINATION PRIVILEGES 9. It is provided that in case the said premises, or any part thereof, shall at any time be destroyed or damaged by fire or other • unavoidable casualty, so that the same shall he unfit fur occupation or use,then the rent hereby reserved,or a fair and just proportion thereof, according to the nature and extent of the damage sustained in loss of occupation of the premises, shall be suspended, cease to be payable and so continue until said premises shall be rebuilt or made fit for occupation and use, or if such damage to the said demised premises or to the building in which the demised premises are situated,is to the extent of 50%or more,then this lease may be terminated at the election of the Lessor, notice of which election, if exercised, shall be given in writing within 25 days from date of casualty, provided also that in case the building containing said premises is totally destroyed or work to put the premises in tenantable condition is not commenced within one month from the time of said damage and coninued thereafter, with reasonable diligence, then this lease may be terminated at the election of the Lessee, nutiee of which election if exercised, must be given in writing within 35 days from date of casualty. Each party hereto hereby .waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,sub- ject to the limitations that this waiver shall apply only .when permitted by the applicable policy of insurance. • PERSONAL PROPERTY AT RISK OF LESSEE 10. All personal property In the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property, to said premises or to said Lessee or to any outer persons or property caused by water leakage, steam,sewerage, gas or odors or for any damage whatsoever done or occasioned by or fron, any boiler, plumbing, gas, water, steam or other pipes or any fixtures, equipment or appurtenances whatsoever, or for any damage occasioned by water,snow or ice, being upon or coming through the roof, sky-light, trap dour, or otherwise, or foe any damage arising from any act or neglect of other tenants, occupants, or employees of.the building in which the leased premises are situated or arising by reason of the use of, or any defect in, the said building or any of the fixtures, equipment or appurtenances therein, or by the act or neglect of any other • person or caused in any other manner whatsoever. RICHT OF LESSOR TO ENTER FOR REPAIRS, ALTERATIONS, ETC. 11. The Lessor, his agents or representatives, shall have the right to enter said premises at all reasonable times, to examine or exhibit the same, or to make such repairs, additions or alterations as Lessor may see fit to make for the safety,improvement or prescr• cation thereof, or of the building of which the leased premises are a part or for anv other reasonable purpose. The Lessor may display "for rent" signs on or about the said premises and in the windows thereof for sixty days prior to the termination of this lease. DEFAULT,BANKRUPTCY,ETC. 12. Should default be made by the Lessee in the payment of the rental or any other sum required to be paid by Lessee hereunder, (4/ or any part thereof, when and as herein provided; or should Lessee default in the performance, fulfillment or observance,of any of the Lessee's other covenants, conditions, or agreements herein contained; or should any decree or order for relief be entered by a court having jurisdiction adjudging the Lessee a bankrupt or insolvent, or approving a petition seeking the reorganization, arrangement, adjustment or composition in respect of Lessee, whether voluntarily or involuntarily,under the federal bankruptcy laws,as flower here- after constituted, or any other applicable federal or state bankruptcy, insolvency or similar law, or appointing a receiver, liquidator, assignee,custodian, trustee or similar official of the Lessee, or any substantial part of Lessee's property, or ordering the winding up or liquidation of Lessee's affairs; or should the demised premises become vacant or abandoned;or should this Lease be transferred,volun- tarily or involuntarily, to any person other than the Lessee; or should the leasehold interest created by this Lease be levied on under execution,then,and in every such case,the Lessor may,at the Lessor's option,without demand of any kind or notice to Lessee, or any other person, at once declare this Lease terminated and Lessor may reenter the premises without formal notice or demand and hold and enjoy the same thenceforth,as if this Lease had not been made,without prejudice,however,to any right of action or remedy of the Lessor because of any breach by the Lessee of any covenant, condition, provision or agreement herein contained. In case Lessor does not elect to take advantage of the right to terminate this Lease conferred by the foregoing provisions of this paragraph, the Lessor shall nevertheless have, and Lessor is hereby expressly given, the right to reenter the said premises, with or without legal process, should any of the events hereinbefore specified take place or occur, and to remove the Lessee's signs,and all property and effects of the Lessee or other occupants of said premises,and if the Lessor so desires,to relet the said premises,or any part thereof,upon such terms, and to such person or persons and for such period of periods as may seem fit to the Lessor, and in case of such reletting, the Lessee shall be liable to the Lessor for the difference between the rents and payments herein reserved and agreed upon for the residue of the entire stipulated term of this Lease and the net rent for such residue of the term realized by such reletting, such net rent to be determined by •deducting from the entire rent received by Lessor from such reletting the expenses or recovering possession; reletting, altering and repairing said premises and•collecting rent therefrom; and the Lessee hereby agrees to pay such deficiency each month as the same • may accrue, the Lessee to pay to the Lessor within five(5)days after the expiration of each month during such residue of the term,the difference between the rent and payments for said month as fixed by this Lease and the net amount realized by the Lessor from the premises during said month. VACATION OF PREMISES BY LESSEE • SECURITY.INTEREST IN PERSONAL PROPERTY • 13. If Lessee shall not promptly remove all his property from the.premises whenever the Lessor shall become entitled possession thereof as herein agreed, the Lessor may without notice, remove the same,or any of the same,in any manner that Lessor may choose, and Lessee will pay Lessor, upon demand any and all expenses incurred in such removal,together with storage on said effects for any length of time during which the same shall be in Lessor's possession or control; or if Lessee shall at any time vacate or abandon said premises, and leave any personal property or fixtures in or about the premises for a period of five (5) days after such vacation or abandonment or after the termination of this Lease for any reason whatsoever, then the Lessor shall have the right to sell all or any part of such property at public or private sale without giving any notice to the Lessee, or any notice of sale, all notices required by statute'or otherwise being hereby expressly waived, and to apply the proceeds.of such sale first, to the payment of all costs and expenses of conducting the sale and caring for and storing the property;and,second,the balance,if any,to any indebtedness due from Lessee to Lessor; and third, to deliver any remaining sum, on demand in writing,to the Lessee. Lessee hereby grants Lessor a security interest'in all items of personal property and fixtures of Lessee now or at any time hereafter affixed to,attached to placed in or upon the demised premises as security for the payment of all rent and other sums due or to become due hereunder and the performance by Lessee of all of the terms, conditions and provisions'of this Lease to be performed by Lessee.This Lease is intended to be a financing statement within the purview of §9-402 of the Uniform Commercial Code.The address of the Lessor(Secured Party)and the Lessee (Debtor) are hereinafter set forth. This Lease may be filed for,record In the Offices of the Register of Deeds and County Clerk of the .. County where the premises are located and the Office of the Secretary of State of Nebraska. Unless otherwise indicated in this Lease, RECEVED APR 052010 ADDENDUM FOR ADDITIONAL SQUARE FEETCON ROL OmmtBStOw K & V Joint Venture, "Landlord" A Genera' Partnership, of 11205 John Galt Blvd, Omaha, Nebraskaand Bok Soon Tamayo d/bla 3 Dollar Cafe, "Tenant" located at The Galleria Plaza, 5032 south 108th Street, Omaha, NE, agree that by this ADDENDUM FOR ADDITIONAL SQUARE FEET, Tenant shall lease additional square footage of 792 square feet at 5034 south 108th Street Omaha, Nebraska. Lessor and Lessee also agree that the same terms and conditions prevailing in the original Lease executed on January 2000 will be extended in all respects to the new leased space except for the following conditions... a. The additional space of 792 square feet will combine with the current 1,320 square feet for a total of 2,112 square feet. b. The base rent is changed to $1,760.00 a month to reflect the change in square footage and the new base rent of$10.00/SF. c. The new rent payment will take place in February 1, 2001. The end of the lease of April 30, 2004 will remain the same. d. Landlord to provide the following items in the new space.... 1. Create opening between current and new space. 2. Replace burnt out bulbs and damaged light fixture screens. 3. Verify HVAC is in proper working condition upon occupancy. 4. Remove existing restrooms. 5. All other items not mentioned or enumerated are the responsibility of the Tenant. Landlord work is limited to the items in paragraph "d ". 6. Tenant may have possesion of the Lease space upon completion of the Landlord's work in the space. ,WIfSS: -.'1 K &V Joint Venture 9 4-j?. /e ‘t; _ //A Paul Vacant' DATE Three Dollar Cafe Bok Soo Tamayo bility thereunder. Dated this day of 19 CONSENT TO ASSIGNMENT Lessor hereby consents to the assignment of the within lease to on the express conditions, however that the assignor shall remain liable for the prompt payment of the rent and performance of the covenants on the part of the Lessee as herein mentioned and that no further assignment of said lease or subletting of the premises, or•any part hereof,,shall be made without the written consent of the Lessor first had thereto. Dated this day of 19 • • I . t i il • w . .i Q CI) A N K •• Vf t/f • tn i Pfl� 1 i k. FF a• e index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. PLANNING DEPARTMENT REPORT DATE: APRIL 16,2010 DUE DATE: APRIL 22,2010 10 hilt 23 fit; 9: 24 CITY COUNCIL HRG MAY 4,2010 LOCATION: 5032 SOUTH 108TH STREET ➢ LEGAL DESCRIPTION: ADDITION OF AN AREA APPROX. 60' X 14' TO THE WEST APPLICANT: B. S. PARK,INC., DBA "HAN KUK KWAN KOREAN RESTAURANT" 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() DOES NOT(X) PERTAIN TO AN OUTSIDE AREA IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINED 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 last 24 months) EXISTING ZONING: C_ EXITING LAND USE: V R w ;`./ ADJACENT LAND USE AND ZONING: NORTH: '6 T?% I L. - 0 PA M u r.'I T^11 C e,NI 1N E,c CA A t._ ^ C- C.—. SOUTH: 1GPR S. - Cor.1 $`4 Uti ( CCrl 6-IZCt/IL.- GC EAST: WA A U 12 $ rJ 1 C 0 PA/A V N ITY C o,tiI�ER C• i w L. C-*' C WEST: W A CEA-1 0 USE - (227€N£fAL 1 N OVST21)dGa-- PARKING STALLS PROVIDED: S N P El) - 5-r>Z I P f _ I '4 L I- EXISTING USE DOES(i DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S I 0 0 L. MEN'S l U.Ctr✓ 4 L I 5"TDDL. DATE SUBJECT PROPERTY WAS POSTED: - 2- Z — � 0 (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: b 14. DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: S ' tiALc NTin7D S (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH O K SCHOOL D K. HOSPITAL D K. HOME FOR THE AGED,INDIGENT OR VETERANS b K COLLEGE OR UNIVERSITY O K 25 .2a'(D (Authorized Signature) (Date) s, however that the assignor shall remain liable for the prompt payment of the rent and performance of the covenants on the part of the Lessee as herein mentioned and that no further assignment of said lease or subletting of the premises, or•any part hereof,,shall be made without the written consent of the Lessor first had thereto. Dated this day of 19 • • I . t i il • w . .i Q CI) A N K •• Vf t/f • tn i Pfl� 1 i k. FF a• e index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. oMAHA City of Omaha, Webras a �1�' °�� Delq,5aa 1819 Farnam Suite LC 1 it Omaha, Nebraska 68183-0112 0� Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 oR'TtD FEDRv1►i`� • April 20, 2010 B. S. Park, Inc. Application for an addition to your present Class Dba"Han Kuk Kwan Koren Restaurant" "I" Liquor License location of an area approx. 5032 South 108th Street 60' x 14' to the west Omaha,NE 68137 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for May 4, 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, I . /161;:et Buster Brown City Clerk BJB:clj OR VETERANS b K COLLEGE OR UNIVERSITY O K 25 .2a'(D (Authorized Signature) (Date) s, however that the assignor shall remain liable for the prompt payment of the rent and performance of the covenants on the part of the Lessee as herein mentioned and that no further assignment of said lease or subletting of the premises, or•any part hereof,,shall be made without the written consent of the Lessor first had thereto. Dated this day of 19 • • I . t i il • w . .i Q CI) A N K •• Vf t/f • tn i Pfl� 1 i k. FF a• e index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. /Wq/ NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that B. S. PARK, INC. DBA "HAN KUK KWAN KOREN RESTAURANT" has applied for an ADDITION TO THEIR PRESENT CLASS "I" [On Sale beer,wine and liquor] LIQUOR LICENSE LOCATION TO ADD AN AREA APPROX. 60' X 14' TO THE WEST located at 5032 SOUTH 108TH STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, MAY 4, 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. n 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, I . /161;:et Buster Brown City Clerk BJB:clj OR VETERANS b K COLLEGE OR UNIVERSITY O K 25 .2a'(D (Authorized Signature) (Date) s, however that the assignor shall remain liable for the prompt payment of the rent and performance of the covenants on the part of the Lessee as herein mentioned and that no further assignment of said lease or subletting of the premises, or•any part hereof,,shall be made without the written consent of the Lessor first had thereto. Dated this day of 19 • • I . t i il • w . .i Q CI) A N K •• Vf t/f • tn i Pfl� 1 i k. FF a• e index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. • LIMITED TITLE REPORT 500 Foot Liquor License Search FILE NO: 0242923 TO: B.S Parks Inc. Joy Wang 402.850.0742 5032 South 108th Street, Omaha, NE 68137 Nebraska Title Company, authorized to engage in the business of abstracting in the State of Nebraska under Certificate of Authority No. 56, hereby certifies that the records of Douglas County,Nebraska have been carefully examined with reference to the following described property, and from such examination finds as follows: LEGAL DESCRIPTION: • East 6 Feet Lot Thirty Four(34), All Lots Thirty Five (35) and Thirty Six (36), East 6 Feet Lot Thirty Seven (37), Empire Park Replat II, an Addition to the City of Omaha, as surveyed, • platted and recorded in Douglas County,Nebraska. Property Address: 5002 South 108th Street, Omaha,NE 68137 Location Address: 5036 South 108th. Street, Omaha, NE 68137 GRANTEE IN LAST DEED OF RECORD: KV Joint Venture Effective Date: April 12, 2010 at 8:00 am Nebraska Title Company 4.01.444144,L- By: Registered Abstracter Please direct inquiries to:David Ruehter-- 402.932.7914 Mailing Labels Attached 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, I . /161;:et Buster Brown City Clerk BJB:clj OR VETERANS b K COLLEGE OR UNIVERSITY O K 25 .2a'(D (Authorized Signature) (Date) s, however that the assignor shall remain liable for the prompt payment of the rent and performance of the covenants on the part of the Lessee as herein mentioned and that no further assignment of said lease or subletting of the premises, or•any part hereof,,shall be made without the written consent of the Lessor first had thereto. Dated this day of 19 • • I . t i il • w . .i Q CI) A N K •• Vf t/f • tn i Pfl� 1 i k. FF a• e index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. Easy Peel® Labels I A Bend along line to i i Use Avery®Template 5160® I Feed Paper expose Pop-Up EdgeTM i °AVERY® 8160® Larry E. Lutte 4818 South 108 Street, LLC ABNK Properties, LLC C/o Bag N Save ' 9545 Silver Lake Drive 120 Regency Pkwy #116 4347 South 96th Street Leesburg, FL 34748-7488 Omaha, NE 68114-4301 Omaha, NE 68127 Empire Park Association C/o Noddle Companies Marcella E. Flynn Capitol Beauty Schools, Inc. 2285 South 67th Street #250 1903 South 186th Street 2819 South 125th Avenue #268 Omaha, NE 68106 Omaha, NE 68130 Omaha, NE 68134 Joseph 5. Meyers Stanley C. Ma C/o Belgrade/Meyers Enterprise KV Joint Venture 4950 South 108thStreet 11205 John Galt BLVD 10064 South 134th Street Omaha, NE 68137 Omaha, NE 68138 Omaha, NE 68137 05I Properties Limited JSM Enterprises, LLC Floors, Inc. to C/o Joseph 5. Meyers 4400 South 96 StreetPO Box 22877 Omaha, NE 68127 1207 South 117th Street Lincoln, NE 68542 Omaha, NE 68144 Gregory J. Suiter Frank B. Cernik Patricia M. Wierzbicki 17313 Welch Circle PO Box 45543 C/o Byron Reed Company Omaha, NE 68135 Omaha, NE 68145-0543 13306 A Street Omaha, NE 68144 C & M Properties Pharmacy Properties, LLC C/o Cliff Cole Genesie Three Investments, LLC C/o William Snodgrass 251 Ivy Drive 19911 Peppertree Lane 2105 S Locust Street Edgerton, K5 66021 Orinda CA 94563 Grand Island, NE 68801 Pharmacy Properties, LLC LK Co d/b/a Quiktrip #596 LJ Remainder, LLC C/o William Snodgrass C/o Tax Department C/o LJS Tax #05252 605 East Francis PO Box 3475 PO Box 35370 North Platte, NE 69101 Tulsa OK 74101-3475 Louisville KY 40232-5370 Sherri Park Properties, LLC Journal Broadcast Group, Inc. Raymond J. Neary 11427 Arbor Street 333 W State Street 11301 Davenport Street Omaha, NE 68144 Milwaukee, WI 53203 . Omaha, NE 68154 Bucks Inc. 4973 Dodge Street Omaha, NE 68132 Etiquettes faciles a peler 1 A Repliez a la hachure afin de! www.avery.com. Utilisez le gabarit AVERY®5160® i chSens de reveler le rebord Pop-UpTM i 1-800-GO-AVERY I . t i il • w . .i Q CI) A N K •• Vf t/f • tn i Pfl� 1 i k. FF a• e index. Such computation shall be made in the same manner on each yearly anniversary of this lease to determine any adjustments in the rent for the subsequent year. _ However, at no time will the rental be less than the base rental stated above in this lease. The annual increase, if any, shall be compounded. xxxxAoaxMazVXcx • • 1 • • • SERVICE 3. It is understood that for the rent mentioned, the Lessor shall furnish service as follows: None in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the Lessee. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish, or delay in furnishing, any service above mentioned or any part thereof as aforesaid when such failure to fumish, or delay in furnishing,is occasioned by needful repairs, renewrits or improvements, or in whole or in part by any strike or labor con- troversy, or by any accident or casualty whatsoever, or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor, nor for any other cause or causes beyond the reasonable control of the Lessor. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES 4. The Lessee further agrees to pay from time to time as same may become due all water gas, electricity or other charges levied or assessed against, incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless therefrom. • Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee a percentage charge, or whatever basis said fee shall be levied. •In addition to the usual monthly charge for water, the Lessee further agrees to pay any and all additional charges which the Metropolitan Utilities District may make against the de- mised premises for the use by the Lessee of water for air conditioning purposes.'' CONDITION OF PREMISES 5. Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof, including all equipment and appurtenances, and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory.order and repair, except as otherwise specified herein, and Lessee agrees and admits that no representation as to the condition or repair hereof has been made by the Lessor or his agent which is not herein expressed or indorsed hereon; and likewise agrees and admits that no agreement or promise to decorate, alter, repair, or improve said premises including all equipment and appurtenances,either before or after the execution hereof,not contained herein, has been made by Lessor or his agent REPAIRS . 6. In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease his own expense, to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and at decorations upon or in connection with said premises, including all windows and doors and glass, wherever located, and all plumbing, besting equipment, boilers, elevators, pipes, wiring, and gas, steam and electrical fixtures, connections -and fittings and I. K 7 A ? o q 2 •tb 7 CD q - 7 ' \ • • o CD k 0 \ \• k o J D ' 0 L Jp CA o §Zil § § q / \ - UC47 \ § \ 2 S` / IQ23 . � » n ¢ o,e PI U § 7 I C4' " n F4 R ( 7 % P 0 / < 2 _ •\ n �� qƒ o § \ f k % . indicated, beginning on April 1, 2010. TT-ST: 1 K.V. JOINT VE URE Paul Vacan i DATE V