RES 2009-1244 - Addition of sidewalk cafe to Attic Bar & Grill •
�`w v ti STATE OF NEBRASKA
',%iij�i vjNL, f • Dave Heineman 0, r ny Li EBRASKA LIQUOR CONTROL COMMISSION
n, Governor Hobert B. Rupe
ry `argR �ab�_ Executive Director
301 Centennial Mall South,5th Floor
October 14,2009C I I Y C L c ,K P.O.Box 95046
OMAHA, N E B R A S K4 Lincoln,Nebraska 68509-5046
OMAHA CITY CLERK Phone(402)471-2571
Fax(402)471-2814
1819 FARNAM STREET,SUITE FC-1 TRS USER 800 833-7352(TTY)
OMAHA NE 68183 web address:http://www.lcc.ne.gov/
BLASINI INC/DBA:ATTIC BAR&GRILL
LIQUOR LICENSE#C-85165
Dear Clerk
The above licensee has requested a/an ADDITION:
ADDRESS: 3231 HARNEY ST
OMAHA NE 68131/DOUGLAS COUNTY
ADDING: BEER GARDEN APPROX 16'X 37
SIDEWALK CAFE APPROX 36'X 8'
NEW LICENSE ONE STORY IRREGULAR SHAPED BLDG APPROX 40'X 88'INCLUDING
WILL READ: BASEMENT AND A BEER GARDEN APPROX 16'X 3T AND A SIDEWALK CAFE
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
Vivic2
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
LIQUOR LICENSED ESTABLISHMENT HISTORY
LICENSE #C 85165
BLASINI, INC 3231 HARNEY STREET 68131 932-5387
DBA ATTIC BAR & GRILL
NLCC ORDERS
OTHER ACTIVITIES
6-9-09-TRANSFER FROM CHOLA, INC * RES#575 -GRANT VOTE 6-0-1 PASS *8-21-09-
TAVERN REPORT RE: SALE OR POSSESSION BY MINOR * 11-3-09-REQ ADD OF
SIDEWALK CAFE APPROX 8'X 36'TO THE NORTH AND A BEER GARDEN APPROX 16'X
37'TO THE SOUTH *
LICENSED PREMISES
1 STY IRREGULAR SHAPED BLDG APPROX 40'X 88' INCLUDING BASEMENT AREA AND
EXCLUDING AREA ON THE OTHER SIDE OF SERVICE WINDOW
OFFICERS:
PRES/MGR -JENNIFER JURGERSEN, 14021 "N" STREET, 68137 (C) 637-8105 *ATTY-MIKE
KELLEY-397-1898
ADDITION REQUEST
DATE: OCTOBER 15, 2009
, APPLICANT: BLASINI, INC., DBA"ATTIC BAR& GRILL"
LICENSED LOCATION: 3231 HARNEY STREET
PERSON PROVING INFORMATION ON BEHALF OF THE APPLICANT:
GINGER GUILFOYLE ON BEHALF OF APPLICANT'S ATTORNEY MIKE KELLEY
REQUESTING:
5 , J-e L/ocik I K Cc4e Air x k
]L A)C/A f k n cl Z-OP 6c,i p[ e�1
BY: CARMAN JOHNSON, LIQUOR CLERK
HE SOUTH *
LICENSED PREMISES
1 STY IRREGULAR SHAPED BLDG APPROX 40'X 88' INCLUDING BASEMENT AREA AND
EXCLUDING AREA ON THE OTHER SIDE OF SERVICE WINDOW
OFFICERS:
PRES/MGR -JENNIFER JURGERSEN, 14021 "N" STREET, 68137 (C) 637-8105 *ATTY-MIKE
KELLEY-397-1898
VA.mt'Form .
APPLICATION FOR ADDITION
' TO LIQUOR LICENSE . Office use RECE V
WI)
NEBRASKA LIQUOR CONTROL COMMISSION
301 CENTENNIAL MALL,SOUTH
' PO BOX 95046 LINCCOLNsNE 0�� 1 68509-5046 2009
PHONE:(402)471-2571
FAX:(402)471-2814 LIQUOR
Website: www.lcc.ne.gov KEBROICA
COKTR°L�tIi�Alw®�
Application:
• Must include processing fee $4 ii ade 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# ....._____.4SI4�r- ,.__.a._ — , ..__. z
LICENSEE NAME ..__'—5i� ,. ____ �?C
TRADE NAME / /c /JET 6-.-i i`
f.. S l7�.Niev* ��`--
PREMISE ADDRESS,, .
_..
CITY O/i'Ia 4. - _/��
CONTACT PERSON /�J7/7i14P.�".. \/GL/'7 -,,?
•
PHONE NUMBER OF CONTACT PERSON .... ____ _"_‘&_7- IP!'6— .__..__—
Complete the following questions:
1) Are you adding on to your building? El Yes ig No
• Include a sketeh 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? are Yes in No
If an outdoor area(check one of the following) • •
•
ter 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...)
1
C . 1625
�0 r - ceived
$ LIB vi
• Cr 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? L4 ±��� �'�0� d ova
• Include a sketch of the area to be added showing: RECEIVED
o existing building
o outside dimensions (in feet)
o direction north ACT 42009
r
CO t01.C°
Pit —64: C-u �n�--,-1
/ ' Prin Name of Signature
•
Signature of Licensee or t cer
State of Nebraska
•
County of Ddie f l:4-S
The forgoing instrument was acknowledge before
me this Z/ /p . D�,
Bate
No/ry Pub% Signa ( / /
iAffix n GENERAL NOTARY-Statete of Nebraska
GINGER.GUILFOYLE
�,.,_ My Comm.Exp.Aug.15,2011
2
'Ia 4. - _/��
CONTACT PERSON /�J7/7i14P.�".. \/GL/'7 -,,?
•
PHONE NUMBER OF CONTACT PERSON .... ____ _"_‘&_7- IP!'6— .__..__—
Complete the following questions:
1) Are you adding on to your building? El Yes ig No
• Include a sketeh 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? are Yes in No
If an outdoor area(check one of the following) • •
•
ter 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...)
1
C . 1625
�0 r - ceived
$ LIB vi
00 �.4.
LOPft
NNE CONTROL Qs
B' -
-10
cam �
• -11
N
ATION ON BEHALF OF THE APPLICANT:
GINGER GUILFOYLE ON BEHALF OF APPLICANT'S ATTORNEY MIKE KELLEY
REQUESTING:
5 , J-e L/ocik I K Cc4e Air x k
]L A)C/A f k n cl Z-OP 6c,i p[ e�1
BY: CARMAN JOHNSON, LIQUOR CLERK
HE SOUTH *
LICENSED PREMISES
1 STY IRREGULAR SHAPED BLDG APPROX 40'X 88' INCLUDING BASEMENT AREA AND
EXCLUDING AREA ON THE OTHER SIDE OF SERVICE WINDOW
OFFICERS:
PRES/MGR -JENNIFER JURGERSEN, 14021 "N" STREET, 68137 (C) 637-8105 *ATTY-MIKE
KELLEY-397-1898
. • RECEIVED
REAL PROPERTY LEASE AGREEMENT OCT 142009
THIS LEASE AGREEMENT, made and entered into this tiaaFtlifiNKIQUOR
November, 2008, by and between Cheran Investments LLC (IRS C0111 6MAMI88IQN
• sometimes hereinafter referred to as "Landlord" or "Lessor", and Blasini Incorporated
(IRS # 90-0448988), Jennifer Jurgensen, President, DBA as 'Attic Bar & Grill'
sometimes referred to as "Tenant" or"Lessee".
WITNESSETH :
1. DEMISE AND PREMISES. The Landlord, in consideration of the rents hereinafter
reserved and agreed to be paid by Tenant, hereby lets, leases and demises to the
Tenant, for the purposes of operating a Bar and Restaurant and any other related
lawful business, the premises located at 3231-3229 Harney Street, Omaha, Douglas
County, Nebraska 68131, as legally described on Exhibit "A" attached hereto and by
this reference made a part hereof.
2. TERM. This lease shall commence on the 12th day of November 2008, and shall
continue for a period of Five years, terminating on November 11, 2013.
3. RENT. In consideration of the foregoing demise, the Lessee agrees and
covenants to pay to Landlord or to such other persons or entities at such place or
places as Landlord may from time to time designate in writing an annual fixed rent of
$33,000.00) (Calculated at $ 7.5/Sq foot/year x 4400 Square feet payable at the rate
of $ 2,500 per month for the first six (6) months and the $ 3,000 (calculated at $
8.18/SF/year x 4400 SF for the remaining eighteen (18)_months of the lease, payable
in advance on the first day of each calendar month during the term of this Lease and
any extensions thereof. The rent starting in the third year (the twenty fifth month of
the lease) shall be payable at $44,000/year, payable in 12 (twelve)equal installments
of$ 3,666.66 (calculated at $10/SF for the year). The rent in the 4tn & 5th years will be
at $ 11/SF, Calculated at 48,400/year, payable in twelve equal installments of $
4,033.33/month. Landlord shall grant Tenant a eighty (80) day rent abatement on the
said lease, with the first monthly installment due to the Landlord on February 1, 2009.
There is a grace period of ten (10) days, after which the penalty is 5% of the monthly
payment.
4. CONDITIONS OF PREMISES. 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 thereof 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.
5. USE OF THE DEMISED PREMISES. Tenant may use the demised premises for
any purpose set out above and shall have the right to make such improvements,
additions or alterations to the premises as he desires for time to time, at his cost.
However, any major, substantial or material improvements, shall require the written
approval of the Landlord, which approval shall not be unreasonably withheld.
ECENE
OCT I42009
6. TAXES. Nwurt SK LIQUOR
CO COMVAIS51O"
A. Landlord represents and warrants all taxes on the demised premises,
except current taxes not delinquent, have been paid in full. Landlord, after
receipt of any tax notices or bill on the demised premises, shall promptly furnish
Tenant with a copy of such document. The tax liability is the responsibility of the
Tenant.
B. As additional rental here under, Tenant shall pay and discharge as they
become due, promptly and before delinquency, all taxes, assessments, levies,
whether general or special, of every kind whatsoever, which may become a lien
.or charged on or against the land hereby demises, or any part thereof, the
leasehold of the Tenant herein, and any improvements now or hereinafter
constructed thereon. Taxes for the year in which this Lease is commenced and
terminated shall be prorated between Landlord and Tenant. It is understood,
however, that Landlord has paid for all improvements now installed that may be
the basis for special assessments.
C. If by law any tax to be paid by Tenant may be paid in installments, Tenant
may elect to pay such taxes in installments as they become due.
D. If the Tenant desires to contest any ad valorem.assessment or the validity
of any tax, and gives the Landlord written notice of this intention, then the
Tenant may contest the assessment or tax without being in default hereunder.
Tenant agrees to indemnify Landlord and to hold landlord harmless from all
costs, expenses and damages of whatsoever nature arising out of any contest
made by Tenant.
7. MAINTENANCE AND REPAIRS. Tenant shall be responsible for all repairs,
maintenance, renewals and replacements required to be made to the demised
premises and the improvements thereon, including but not limited to all exterior walls,
doors, roof, sidewalks, driveways, parking areas, and interior, including but not limited
to, interior walls, plumbing, electrical, heating and air conditioning. Tenant agrees to
maintain said premises and improvements in good repair inside and throughout the
whole of said premises during the full term or extension of this lease, reasonable wear
s otherwise specified herein, and Lessee agrees and admits that no
representation as to the condition or repair thereof 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.
- RECEIVE lv
and tear excepted and casualty beyond the control of Tenant. It being the intenUrl 141149
• the parties hereto that the Landlord shall have no expenses whatsoever in connection
with the demised premises during the term of this Lease or any extensions hegNEBRASKA LIQUOR
CONTROL COMMISSION
Notwithstanding the provisions specified above, the parties acknowledge the existence
of two leaks in the roof of the demised premises, located at the front and rear of the
building. Landlord agrees to repair the leaks at Landlord's expense and release Tenant
from all responsibility for such repairs.
8. DISPOSITION OF IMPROVEMENTS. All furnishings, fixtures, equipment and
signs, except those that were already on the premises within and without, before the
lease started, used on the premises which have been supplied to or installed on the
premises by Tenant will, at all times, be and remain the property of the Tenant. The
Tenant will have the right to remove same or any part thereof from the premises
during the term of this Lease, or at the expiration thereof, or within a reasonable time
thereafter; provided, however, that the Tenant, in so doing, does not cause any
irreparable damage to the premises or the improvements thereon, which will remain
the property of the Landlord, and provided, further, that the Tenant will pay or
reimburse the Landlord for the reasonable expenses of repairing the damage caused
by such removal.
9. CARE AND SURRENDER OF THE PREMISES. The Tenant will not commit any
act or engage in any practice in or about the premises which would cause injury or •
damage to any person or property, and will use reasonable care and diligence to
keep and maintain said premises in a neat, orderly and sanitary condition, free of
rubbish, dirty, other debris, snow and ice. The Tenant further agrees that he will
commit no waste on the premises. Upon any termination of this Lease, the Tenant
will surrender possession of termination of this Lease, the Tenant will surrender
possession of the premises and improvements thereon in as good condition as at the
commencement of the term, reasonable wear and tear excepted. 0
10. INDEMNITY. The Tenant will indemnify the Landlord against, and hold the
Landlord harmless from all claims, demands, and/or causes of action, including all
reasonable cost, expense and attorney fees of the Landlord incident thereto, for
injury to, or death of any person, or loss of or damage to any property where such
claims, demands and/or causes of action arise from the use of the said premises by
the Tenant, provided such claims, demands and causes of action are not caused by
the negligence, omission, intentional act or breach of contractual duty of or by the
Landlord.
11. INSURANCE.
A. The Tenant agrees that he will at his cost and expense, obtain and keep in
force and effect, in the names of the Landlord and Tenant, general liability insurance
against any and all claims for personal injury or property damage occurring in, or upon
the demised premises during the term of this Lease. Such insurance shall be
i f
•
OCT 142009
maintained with limits liability of not less.than Two Million and 00/100 ($2,011.,._',0 LIQUOR
Dollars for injuries to any number of person in any one accident or occurr ®MM6S31®N
Million and 00/100 ($2,000,000.00) Dollars for injuries to any number of p -
one accident or occurrence; and 1/2 Million and 00/100 ($500,000.00) Dollars for
damage to property in any one accident or occurrence.
B. The Tenant agrees that he will, at, his cost and expense, obtain and keep in
force and effect in the names of the Landlord, Tenant, and any mortgage, as his/its
interests may appear, a fire and extended coverage insurance policy or policies
protecting the building on premises from loss or damage within the coverage of such
• insurance policy for a sum of not less than the full replacement value of said building,
excluding foundation and site work. The Tenant will furnish to the Landlord evidence of
his compliance with the provisions of this paragraph.
12. FIRE AND CASUALTY.
A. In the event the leased premises are damaged or rendered totally or partially
untenantable by fire or other casualty, the Tenant will repair or restore said premises to
the condition of said premises prior to such fire or casualty within a reasonable time,
not exceeding three (3) months after the date of such fire or casualty, in which event
the term hereof will not terminate. The proceeds of the insurance policy or policies
herein above mentioned shall be applied to the cost of repairing or restoring said
premises, and the Tenant shall pay the balance, if any, of the cost of repairing or
restoring same. The Tenant shall receive the excess of any insurance proceeds over
and above the cost of repair or restoration.
B. Should the premises be so damaged or destroyed so as to render same
totally or partially untenantable Tenant shall have the right and option to declare the
lease terminated, and in the event of the exercise of the option by Tenant, the Landlord
shall be entitled to the proceeds of such insurance. If Tenant desires to exercise said
option, he shall make known his intention to do so by written notice delivered to the •
Landlord within thirty (30) days from after the date of such damage or destruction.
13. WAIVER OR SUBROGATION. Landlord and Tenant hereby waive in writing, prior
to loss, all of their rights of recovery from the other party, their successors or assigns,
and their right to sue for loss or damage to the leased premises or other property of
• Landlord or Tenant, provided such loss or damage is within the coverage of the
insurance provided for herein, or insurance held by Landlord or Tenant or anyone
holding title through the Landlord. All insurance policies carried by Tenant or Landlord
on the demised property or adjoining property shall, if reasonably possible, contain an
express waiver of subrogation.
14. CONDEMNATION. •
A. If during the term of this Lease the entire demised premises shall be taken as
a result of the.exercise of the power of eminent domain, hereinafter referred to as the
. proceedings, all the covenants between Landlord and Tenant hereunder, including the
OCI 14ZOQ9
LIQUOR
covenant to pay net rent, additional rent, and other charges, shall ceImos0N
• absolutely discharged, and this Lease shall terminate on the date of
pursuant to such proceeding. Landlord and Tenant shall each be entitled to participate
in the proceedings and receive such amount as may be allowed to each of them by
law.
B. If during the term of this Lease, or any extensions thereof; less than the
entire demised premises is taken in any such proceedings, and such taking will not
take any part of the building utilized by the Tenant, the leasehold estate hereby
created shall, on the date of vesting of title in the proceeding, terminate only as to the
portion of the demised premises so taken, and Tenant shall, except as hereinafter
provided, nevertheless continue to perform and observe all of the terms, covenants
and conditions of this Lease on the part of the Tenant to be performed and observed,
as though such taking had not occurred. Landlord and Tenant shall each be entitled to
participate in the proceedings and receive such amount or amounts as may be allowed
to each of them by law.
C. In the case of a taking resulting in injury, damage or partial loss of the
building erected on the demised premises, the Tenant shall repair, restore, or replace
so much of said building as to make it an economically useful unit; however, the rent
payable, as set out herein, shall be abated on a pro-rata basis from the date Tenant is
unable to operate his business until such time as the premises are ready for
occupancy and continuation of Tenant's business.
15. ENTRY BY LANDLORD. The Landlord, his agents and representatives may, at
any reasonable time during normal business hours, enter the leased premises for the
purpose of inspection thereof, provided, however that in so doing, the Landlord, his
agents or representatives will endeavor to avoid interfering with the use and
occupancy of the premises by the Tenant.
16. ASSIGNMENT OR SUBLETTING. Tenant (Attic Bar & Grill/lessee) shall have the
right to assign this Lease, the right to sublet the whole or any parts of the demised
premises with Landlord's prior approval in writing. No assignment or subletting and no
acceptance by landlord of any or other sum of money from any assignee or sublessee
shall release the Tenant from any of his obligations under this Lease, nor shall any
assignment by Landlord of this Lease release Landlord from his obligations incurred
prior to such assignment.
17. DEFAULT.
A. In the event the Tenant fails to pay when due any of the rentals provided for
herein or fails to promptly keep and perform any other affirmative covenant in this
Lease, the Landlord, prior to taking any other action, shall give the Tenant written
notice specifying the default(s). The Tenant shall have thirty (30) days after receipt of
said notice to correct any default(s). If the Tenant fails to correct said default(s) within
the specified time period, the Landlord may terminate with lease and re-enter the
after referred to as the
. proceedings, all the covenants between Landlord and Tenant hereunder, including the
x
vius
. • . . It
OCI 42 13
leased premises with or without process of law, and take possession thereof b well
reasonable force; or relet the premises at the best rent obtainable, the iv%ni e1®g
remain liable for-the deficiency, if any, between the rental received by Land
Hil
reletting and the rental provided for herein; or, if allowed by law, sue the Tenant for the
difference, if any, between the discounted rental Landlord would receive from the date
of default to the expiration of the term of the Lease in effect when the default occurred
and the discounted rental Landlord could reasonably receive from the date of default •
to the expiration of the term of the Lease in effect when the default occurred. In the •
event the Tenant fails to pay his monthly rental by the 10th of the month, Tenant must
pay a late charge of 5% of said delinquent installment. .
18. BANKRUPTCY OR INSOLVENCY. If at any time during the term hereof
proceedings in bankruptcy shall be instituted by or against the Tenant, which result in
an adjudication of bankruptcy, or if the Tenant shall file, or any creditor of the Tenant
shalt file, or any other person or persons shall file any petition under Chapter VII or
Chapter XIII of the Bankruptcy Act of the United States of America, as the same are
not in force or may hereafter be amended, and Tenant be adjudicated bankrupt, or if a
receiver of the business or assets of Tenant be appointed and such appointment not
be vacated within sixty (60) days after notice thereof to Tenant, or the Tenant makes
an assignment for the benefit of creditors or any sheriff, Marshall, constable, or keeper
take possession thereof by virtue of any attachment or execution proceedings and
offer same for sale publicly, then Landlord may, at his option, in either or any of such
events, immediately take possession of the demised premises and terminate this
Lease. However, Landlord may take over the demised premises and terminate this
Lease under this section only if the Tenant is also in default in payment under the
provisions of Section 19 herein. Upon such termination, all installments of rent earned
to the date of termination and unpaid shall at once become due and payable, and in
addition thereto, Landlord shall have all rights provided by the bankruptcy laws relative
to the proof of claims on an anticipatory breach of an executory contract.
19. SIGNS. Landlord represents, warrants and agrees that Tenant may, at his
expense, locate an appropriate advertising sign in the existing lighted sign kiosk
located on the building and the Northwest edge of the demised premises. No signs,
banners or other advertising shall be placed on the building or about the demised
premises without the specific written permission of Landlord. Any monetary gain from
third party signs placed on the building will always be the property of the landlord.
20. UTILITIES. The Tenant will pay when due all charges for gas, water, electricity,
and sewer use fees, telephone and any other utility service used on the premises by or
for the Tenant.
21. LIENS. Tenant shall keep the demised premises and the buildings of which it is
a part, at all times free from any liens arising form any labor performed by or on behalf
• of, or materials furnished to Tenant, or other obligations incident to its use or
occupancy thereof. If any such lien attaches and the same is not released by payment,
bond or otherwise, within twenty (20) days after Landlord notifies Tenant thereof,
. • 1),•v:4e.
•
• •
Landlord shall have the option to discharge the same and Tenant shall reiAurtit
Landlord promptly therefor. All amounts paid by Landlord shall bear interest at ttte'rate \Oa
of twelve (7.5%),percent per annum. :?Rln����s QMM� `
22. OPTION TO. RENEW. Tenant shall have the right to be exercised asafter
provided, to renew the term of this lease for one (1) successive period of five (5) years,
on the following terms and conditions:
•
A. No default is existing or continuing in the performance of the terms of this
Lease.
B Each renewal term shall be on the terms, covenants and conditions as
provided for herein, except there shall be no privilege to renew the terms of this Lease
for any period of time beyond the expiration of the renewal term, and further, the rental
for the renewal terms shall be a total of $ 57,200 per annum, calculated at $ 13/SF
payable in twelve monthly installments of $ 4,766 on the first day of each month during
the renewal term. A escalation in rent by 1.5 % .year will apply from the 2nd year of the
second five year term until the 5th year, for a total aggregate of 6%.
C. At least three (3) months prior to the expiration of the initial term, Tenant
shall notify Landlord in writing of his election to exercise the right to renew the term of
this Lease for the five- (5) year renewal term. On the giving of such notice of election,
this Lease, subject to the terms of this provision, shall be deemed to be renewed, and
the term thereof renewed for a period of five (5) years from the date of expiration of the
initial term without the execution of any further lease or instrument.
23. FIRST RIGHT OF REFUSAL TO PURCHASE. Subject to the terms and conditions
set forth in this Article, and provided Tenant is not in default on any of the terms and •
conditions of this Lease of Agreement or any amendment thereto, the Tenant shall have
a right of first refusal (the "Purchase Refusal Right") to purchase the premises. If during
the term hereof (or extension of term) Landlord receives a bona fide third party offer to
sell or transfer the premises which Landlord is willing to accept, then, prior to accepting
such third party offer, Landlord shall send written notice and a copy thereof to Tenant
("Landlord's Notice"). Tenant shall exercise Tenant's Purchase Refusal Right, if at all, by
giving Landlord written notice (Tenant's Notice) of such exercise by Tenant. Tenant's
notice must be given, in writing, to Landlord, and delivered either personally, or in the
manner provided by Article twenty-five (25) and Article twenty-six (26) of the Lease, not
later than ten (10) days after the date Landlord's Notice is given to tenant. If Tenant
shall fall to exercise the Purchase Refusal Right, Landlord shall have the right to
transfer the leased premises to a third party purchaser. for a period of six (6) months
following the date of Landlord's Notice so long as the price for the leased premises is
equal to or greater than the price contained in the Landlord's Notice. Any such transfer -
shall be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
acquire the leased premises thereby, (a) Tenant shall acquire such leased pre 1.. 07.- ,AsSS OP1
the same terms and conditions and subject to all time periods and other Ii R �
provided in Landlord's Notice (provided, however, Tenant shall in all eveciamq,le not
more than thirty (30) days to close his acquisition of the leased premises following his
written notice exercising his Purchase Refusal Right), and (b) concurrently with such
acquisition, this Lease shall terminate but Tenant shall remain liable to pay any unpaid
rent and unpaid lease obligations prorated to the date of closing with respect to the
Premises and all indemnifications and other provisions that survive the expiration of this
Lease shall continue in effect.
For purposes of this Article, 'Transfer" shall be defined as any direct or indirect sale,
conveyance or Other voluntary disposition of the leased premises.
This provision shall not apply to transfers between Landlords, or corporations,
partnerships or limited liability companies controlled by him/her, or to transfers between
or any inter vivos or testamentary trust or trusts established by
him/her/them, or to any transfer between Landlords and any child/children/grandchildren
of theirs. Notwithstanding the above, Tenant's right of first refusal shall remain in effect
after any such transfer.)
24. WAIVER. The failure of the Landlord or Tenant to insist upon prompt and strict
performance of any of the terms, conditions or undertakings of this Lease, or to
exercise any option herein conferred, in any one or more instances, except as to the
option to extend or renew the term, shall not be construed as a waiver of the same or
any other term, condition, undertaking, or option.
25. NOTICES TO TENANT. Any notice required to be given to the Tenant under the
terms of this Lease shall be in writing and mailed via Registered or Certified mail to:
Bruno Investments, dab Attic Bar & Grill, Inc, 3231 Harney Street, Omaha, Nebraska,
68131, or to such other address as the Tenant may furnish to the Landlord in writing.
•
26. NOTICES TO LANDLORD. Any notice required to be given to the Landlord under
• the terms of this Lease shall be in writing and mailed via Registered or Certified mail to
Cheran.lnvestments LLC, 8045 L Street, Omaha NE 68127 or to such other address
as the Landlord may furnish to the Tenant in writing.
27. RECORDATION, SHORT FORM. Landlord agrees, upon Tenant's request, to
execute a short form of this Lease, entitled Memorandum of Lease. Tenant may record
such short form lease at his sole cost and expense. The provisions of this Lease shall
control, however, in regard to any omissions from said short form, or in respect to any
provisions hereof, which may be in conflict with such short form.
28. PARTIES BOUND. The terms, covenants, agreements, conditions and
undertakings contained herein shall be binding upon and shall inure to the benefit of the
heirs, successors in interest and assigns of the parties hereto. Where more than one
party shall be the Landlord in this Lease, the word "Landlord", wherever used in the
be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
EDEN W
Lease, shall include all Landlords jointly and severally.
kV 1420°9
•
29. ENTIRE AGREEMENT: MODIFICATION: SEVERABILITY. This Lease contains thtli 00)R
entire agreement between the parties hereto and no representations, indyFl� ON1�ISS1O`A
promises or agreements, oral or otherwise, entered into prior to the exe
Lease, will alter the covenants, agreements and the undertakings herein se f�This
Lease shall not be modified in any manner, except by an instrument in writing executed
by the parties. If an term or provision of this Lease or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder
of this Lease, or the application of such term or provision to such persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not
be affected thereby, and each term and provision of this Lease shall be valid and be
enforced to the fullest extent permitted by law.
30. NUMBER AND GENDER. All of the terms and words used in this Lease, regardless
of the number and gender in which they were used, shall be deemed and construed to
include any other number (singular and plural), and any other gender (masculine,
feminine or neuter), as the context or sense of this Lease or any paragraph or clause
hereof may require, the same as if the words had been fully and properly written in the
number and gender.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly
exe uted as of the day and first above written.
CH: N INVEST ' • -, LLC Blasini Incorporated, d.b.a. Attic bar &
Gril
By By —
gyaswami Nirmal Raj qe-A•mnt
ener Jurgens
Hemalatha C. Nir alraj
Tenant under the
terms of this Lease shall be in writing and mailed via Registered or Certified mail to:
Bruno Investments, dab Attic Bar & Grill, Inc, 3231 Harney Street, Omaha, Nebraska,
68131, or to such other address as the Tenant may furnish to the Landlord in writing.
•
26. NOTICES TO LANDLORD. Any notice required to be given to the Landlord under
• the terms of this Lease shall be in writing and mailed via Registered or Certified mail to
Cheran.lnvestments LLC, 8045 L Street, Omaha NE 68127 or to such other address
as the Landlord may furnish to the Tenant in writing.
27. RECORDATION, SHORT FORM. Landlord agrees, upon Tenant's request, to
execute a short form of this Lease, entitled Memorandum of Lease. Tenant may record
such short form lease at his sole cost and expense. The provisions of this Lease shall
control, however, in regard to any omissions from said short form, or in respect to any
provisions hereof, which may be in conflict with such short form.
28. PARTIES BOUND. The terms, covenants, agreements, conditions and
undertakings contained herein shall be binding upon and shall inure to the benefit of the
heirs, successors in interest and assigns of the parties hereto. Where more than one
party shall be the Landlord in this Lease, the word "Landlord", wherever used in the
be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
PLANNING DEPARTMENT REPORT
DATE: OCTOBER 15,2009 DUE DATE: OCTOBER 22,2009
CITY COUNCIL HRG NOVEMBER 3,2009
LOCATION: 3231 HARNEY STREET
LEGAL DESCRIPTION: ADDITION OF A SIDEWALK CAFÉ APPROX 8' X 36' TO THE
NORTH AND A BEER GARDEN APPROX. 16' X 37' TO THE SOUTH
APPLICANT: BLASINI, INC., DBA "ATTIC BAR& GRILL"
REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR
LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: RESTAURANT/BAR
THIS REQUEST DOES(X) DOES NOT 0 PERTAIN TO AN OUTSIDE AREA
IF OUTSIDE: OUTSIDE AREA IS , l 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 last 24 months)
EXISTING ZONING: 7 S EXITING LAND USE: A d- g L L.
ADJACEN AND USE AND ZONIN :
NORTH: Ale t IJf G A IeA 6 E "' MUD USe' M
SOUTH: ppc N6LG- cIIH4 tr? 1DEN!T1A L ^ DOw&TOhini SEtViC6 - DS
EAST: V m eE )40 Li.55 NI To r.J e e k/'I C. - P S
WEST: 5 5 E M g Ly - R —7
PARKING STALLS PROVIDED: 0 1`1 sT es T PA 12 14 1 nl 6
EXISTING USE DOES(ter DOES NOT( )COMPLY WITH ZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S f ST 0 0 L S
MEN'S 2 v l'LkN AL S Z SODt— S
DATE SUBJECT PROPERTY WAS POSTED: t d ^ Z I " 0 9
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: ' K
(State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH o K
SCHOOL b K HOSPITAL & HOME FOR THE AGED,INDIGENT
C7 OR VETERANS COLLEGE OR UNIVERSITYj/414,t/ '777 ,e.,hefil /0/21/09,
(Authorized Signature) (Date)
Street, Omaha, Nebraska,
68131, or to such other address as the Tenant may furnish to the Landlord in writing.
•
26. NOTICES TO LANDLORD. Any notice required to be given to the Landlord under
• the terms of this Lease shall be in writing and mailed via Registered or Certified mail to
Cheran.lnvestments LLC, 8045 L Street, Omaha NE 68127 or to such other address
as the Landlord may furnish to the Tenant in writing.
27. RECORDATION, SHORT FORM. Landlord agrees, upon Tenant's request, to
execute a short form of this Lease, entitled Memorandum of Lease. Tenant may record
such short form lease at his sole cost and expense. The provisions of this Lease shall
control, however, in regard to any omissions from said short form, or in respect to any
provisions hereof, which may be in conflict with such short form.
28. PARTIES BOUND. The terms, covenants, agreements, conditions and
undertakings contained herein shall be binding upon and shall inure to the benefit of the
heirs, successors in interest and assigns of the parties hereto. Where more than one
party shall be the Landlord in this Lease, the word "Landlord", wherever used in the
be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
.. ... .. ,
OC1 47,
. Recove:
'
01213fINSO LIQUOR
• c t�
-
51
N
< "--0.--
cr
'S ATTORNEY MIKE KELLEY
REQUESTING:
5 , J-e L/ocik I K Cc4e Air x k
]L A)C/A f k n cl Z-OP 6c,i p[ e�1
BY: CARMAN JOHNSON, LIQUOR CLERK
HE SOUTH *
LICENSED PREMISES
1 STY IRREGULAR SHAPED BLDG APPROX 40'X 88' INCLUDING BASEMENT AREA AND
EXCLUDING AREA ON THE OTHER SIDE OF SERVICE WINDOW
OFFICERS:
PRES/MGR -JENNIFER JURGERSEN, 14021 "N" STREET, 68137 (C) 637-8105 *ATTY-MIKE
KELLEY-397-1898
AHA, NF
F0M qq B,P
City o f Omaha, fAfebras&a �, ,��
1819 Farnam —Suite LC 1 z r
r
Omaha, Nebraska 68183-0112 0 ,� `'� .24 •
Buster Brown (402) 444-5550 A
City Clerk FAX (402) 444-5263 O'P4TFU FEBR‘ ts�`4
October 20, 2009
Blasini, Inc. Application for additions to your present Class
Dba"Attic Bar& Grill" "C" Liquor License location for a beer garden
3231 Harney Street approx. 16' x 37' to the south and a sidewalk cafe
Omaha, NE 68131 approx 8' x 36' to the north
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 November 3, 2009 . 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.
Sincer ly yours,
Buster Brown
City Clerk
BJB:clj
ture) (Date)
Street, Omaha, Nebraska,
68131, or to such other address as the Tenant may furnish to the Landlord in writing.
•
26. NOTICES TO LANDLORD. Any notice required to be given to the Landlord under
• the terms of this Lease shall be in writing and mailed via Registered or Certified mail to
Cheran.lnvestments LLC, 8045 L Street, Omaha NE 68127 or to such other address
as the Landlord may furnish to the Tenant in writing.
27. RECORDATION, SHORT FORM. Landlord agrees, upon Tenant's request, to
execute a short form of this Lease, entitled Memorandum of Lease. Tenant may record
such short form lease at his sole cost and expense. The provisions of this Lease shall
control, however, in regard to any omissions from said short form, or in respect to any
provisions hereof, which may be in conflict with such short form.
28. PARTIES BOUND. The terms, covenants, agreements, conditions and
undertakings contained herein shall be binding upon and shall inure to the benefit of the
heirs, successors in interest and assigns of the parties hereto. Where more than one
party shall be the Landlord in this Lease, the word "Landlord", wherever used in the
be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
City of Omaha fAlebras&a :� I' 'V
aglArrOla
1819 Farnam — Suite LC 1 ® il
Omaha, Nebraska 68183-0112 0r r- - a
Buster Brown (402) 444-5550 A
City Clerk FAX (402) 444-5263 O 'TE p FEBR°*A
October 20, 2009
Mike Kelley, Attorney Application for additions to the present Class "C"
7134 Pacific Street Liquor License location for Blasini, Inc., dba"Attic
Omaha, NE 68106 Bar& Grill", 3231 Harney Street
Dear Liquor License Applicant Attorney:
This letter is notification that a hearing before the Omaha City Council on your application for
liquor license has been set for November 3, 2009 . The City Council Meeting begins at
2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam
Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of
license shall be personally present in the Council Chambers, in order that the Council may make
inquiries, on the date of public hearing of the application for said license". Failure to be present
at this Council Meeting is grounds to recommend denial of your application to the Nebraska
Liquor Control Commission.
If you are making changes to the type of business or the type of activities that will be
operated on the new premises. Please complete and return the attached. Ordinance No.
37046, passed June 7, 2005, requires each applicant to submit a written statement describing all
types of business or activities that will be operated on the premises in conjunction with the
proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax)
to the City.Clerk's Office 7 days in advance of the public hearing.
Sincere , yours, _
Buster Brown
City Clerk
BJB:clj
he City Clerk's Office 7 days in advance of the public hearing.
Sincer ly yours,
Buster Brown
City Clerk
BJB:clj
ture) (Date)
Street, Omaha, Nebraska,
68131, or to such other address as the Tenant may furnish to the Landlord in writing.
•
26. NOTICES TO LANDLORD. Any notice required to be given to the Landlord under
• the terms of this Lease shall be in writing and mailed via Registered or Certified mail to
Cheran.lnvestments LLC, 8045 L Street, Omaha NE 68127 or to such other address
as the Landlord may furnish to the Tenant in writing.
27. RECORDATION, SHORT FORM. Landlord agrees, upon Tenant's request, to
execute a short form of this Lease, entitled Memorandum of Lease. Tenant may record
such short form lease at his sole cost and expense. The provisions of this Lease shall
control, however, in regard to any omissions from said short form, or in respect to any
provisions hereof, which may be in conflict with such short form.
28. PARTIES BOUND. The terms, covenants, agreements, conditions and
undertakings contained herein shall be binding upon and shall inure to the benefit of the
heirs, successors in interest and assigns of the parties hereto. Where more than one
party shall be the Landlord in this Lease, the word "Landlord", wherever used in the
be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
,/(ic///c
,"1 / /&X
NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
BLASINI, INC.
DBA "ATTIC BAR & GRILL"
has applied for
ADDITIONS TO THEIR PRESENT CLASS "C" LIQUOR
LICENSE LOCATION [On and Off Sale beer,wine and liquor] TO ADD
A SIDEWALK CAFE APPROX. 8' X 36' TO THE NORTH AND A
BEER GARDEN APPROX. 16' X 37' TO THE SOUTH
located at 3231 HARNEY STREET
The Omaha City Council will hold a public hearing regarding this
application on Tuesday, NOVEMBER 3, 2009 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 Famam Street, Omaha, NE 68183 prior to the hearing date.
Buster Brown
City Clerk
REQUESTS FOR SIGN-LANGUAGE INTERPRETERS (SIGNERS), REQUIRE A MINIMUM OF 48 HOURS
• ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, REQUESTS REQUIRE A MINIMUM
OF 72 HOURS ADVANCE NOTICE. IF YOU NEED ACCOMODATIONS, PLEASE NOTIFY BUSTER
BROWN,CITY CLERK, AT 444-5557.
n to the Nebraska
Liquor Control Commission.
If you are making changes to the type of business or the type of activities that will be
operated on the new premises. Please complete and return the attached. Ordinance No.
37046, passed June 7, 2005, requires each applicant to submit a written statement describing all
types of business or activities that will be operated on the premises in conjunction with the
proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax)
to the City.Clerk's Office 7 days in advance of the public hearing.
Sincere , yours, _
Buster Brown
City Clerk
BJB:clj
he City Clerk's Office 7 days in advance of the public hearing.
Sincer ly yours,
Buster Brown
City Clerk
BJB:clj
ture) (Date)
Street, Omaha, Nebraska,
68131, or to such other address as the Tenant may furnish to the Landlord in writing.
•
26. NOTICES TO LANDLORD. Any notice required to be given to the Landlord under
• the terms of this Lease shall be in writing and mailed via Registered or Certified mail to
Cheran.lnvestments LLC, 8045 L Street, Omaha NE 68127 or to such other address
as the Landlord may furnish to the Tenant in writing.
27. RECORDATION, SHORT FORM. Landlord agrees, upon Tenant's request, to
execute a short form of this Lease, entitled Memorandum of Lease. Tenant may record
such short form lease at his sole cost and expense. The provisions of this Lease shall
control, however, in regard to any omissions from said short form, or in respect to any
provisions hereof, which may be in conflict with such short form.
28. PARTIES BOUND. The terms, covenants, agreements, conditions and
undertakings contained herein shall be binding upon and shall inure to the benefit of the
heirs, successors in interest and assigns of the parties hereto. Where more than one
party shall be the Landlord in this Lease, the word "Landlord", wherever used in the
be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
Rels Title
•
1055 N 115th Street/Suite 300
Omaha NE 68154
Phone 402.498.0600/Fax 402.498.0066 +=)
Rels.info " t
1111
el Rels s
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C.n
October 16, 2009
Rels Title hereby certifies that the foregoing lists of Names and Addresses for a 500 foot
search on"The Attic Bar& Grill" located at 3231 Harney Street, Omaha,NE 68131 are
true and correct as the same appear of record in the Office of the County Clerk of
Douglas County,Nebraska.
Witness my hand this 7th day of October, 2009.
Rels Title
By: j f l L- "-'""
Re ' ere Abstracter
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Use Avery®Template 5160® J Feed Paper expose Pop-Up EdgeTM A
Adam D. Weaver
C/o John Nelson Beatrice A. Burns Brent S. Kumor
2120 S 72 St#640 107 1/2 S 50 St 3407 Dewey Ave
Omaha,Ne 68124 Omaha, Ne 68132 Omaha,Ne 68105
Candido Francisco Carl G. Olsen Cheran Investments Llc
3320 Dewey Ave P 0 Box 24131 1220 N 53 St
Omaha,Ne 68105 Omaha,Ne 68124 Omaha,Ne 68132
Christopher Hellstrom City Of Omaha Dwayne Sartain
3323 Harney St 13206 N 42 St P 0 Box 772
Omaha,Ne 68131 Omaha,Ne 68112-3808 Omaha,Ne 68108
East Campus Realty Lie Edward L. Berg Edward R. Kaczmarek
3205 Harney St 10343 West Center Rd 3325 N 48 St
Omaha,Ne 68131 Omaha, Ne 68124 Omaha,Ne 68104
Emil E. Beyer Jr. Eric C. Tom Ernestina T. Sanchez
10625 Girard St Atn: 5 Floor Comptroller P 0 Box 642268
Omaha Ne 68122-1565 Mutual Of Omaha Plaza Omaha Ne 68164
' Omaha,Ne 68175 '
First Presbyterian Church Garnold H. Linstadt Howard A. Kaiman
3319 Harney St 404 Pontiac Dr 3354 S 114 St
Omaha,Ne 68131-3913 Gretna, Ne 68028 Omaha,Ne 68144
Joan C. Crellin Jose L. Delavega Joseph Ferrante
2139 S 48 Ave 2318 N 103 Cir 3312 Dewey Ave
Omaha,Ne 68106 Omaha,Ne 68134 Omaha,Ne 68105
Long Ball Lie M G Real Estate Properties Lie Merry K. Nimrod
411 S 33 St 519 S 34 St P O Box 24123
Omaha,Ne 68131 Omaha,Ne 68105 Omaha,Ne 68124
Mic-car Inc Monroe G. Evans, Jr. Nebraska Beta Alumni Corp
7781 Main St 3227 Harney St Mutual Of Omaha Plz
Ralston,Ne 68127 Omaha, Ne 68131 Omaha,Ne 68175
Rbj Partnership Robert C. Wester Robert E. Benzel
P 0 Box 24463 C/o Nirmal Raj 1015 S 78 St
Omaha,Ne 68124 8045 L St Omaha,Ne 68114
Omaha,Ne 68127
Etiquettes faciles a peter 1 A Renliez A Ia hachure afin de i www.avery.com
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d under
• the terms of this Lease shall be in writing and mailed via Registered or Certified mail to
Cheran.lnvestments LLC, 8045 L Street, Omaha NE 68127 or to such other address
as the Landlord may furnish to the Tenant in writing.
27. RECORDATION, SHORT FORM. Landlord agrees, upon Tenant's request, to
execute a short form of this Lease, entitled Memorandum of Lease. Tenant may record
such short form lease at his sole cost and expense. The provisions of this Lease shall
control, however, in regard to any omissions from said short form, or in respect to any
provisions hereof, which may be in conflict with such short form.
28. PARTIES BOUND. The terms, covenants, agreements, conditions and
undertakings contained herein shall be binding upon and shall inure to the benefit of the
heirs, successors in interest and assigns of the parties hereto. Where more than one
party shall be the Landlord in this Lease, the word "Landlord", wherever used in the
be subject to the terms and conditions of this Lease (except the provisions of this
Article 23). Notwithstanding the foregoing, Tenant's Purchase Refusal right shall revive
in the event Landlord fails to transfer the leased premises within the said six- (6) month
period. In the event that Tenant elects to exercise the Purchase Refusal Right and to
in twenty (20) days after Landlord notifies Tenant thereof,
Easy Peel®Labels i A Bend along line to
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Robert R. King, Jr. Ronnie Marks S & A Investments
3405 Dewey Ave 717 S 153 St P 0 Box 31453
Omaha, Ne 68105 Omaha, Ne 68154 Omaha, Ne 68131
United Of Omaha Life Ins
C/o City Finance William T. Champion
1819 Farnam St 1211 Limerick Rd
Omaha, Ne 68183 Papillion,Ne 68046
•
•
•
a 500 foot
search on"The Attic Bar& Grill" located at 3231 Harney Street, Omaha,NE 68131 are
true and correct as the same appear of record in the Office of the County Clerk of
Douglas County,Nebraska.
Witness my hand this 7th day of October, 2009.
Rels Title
By: j f l L- "-'""
Re ' ere Abstracter
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Office of the County Clerk of
Douglas County,Nebraska.
Witness my hand this 7th day of October, 2009.
Rels Title
By: j f l L- "-'""
Re ' ere Abstracter
Page 1 of 2
Brown, Buster(CCIk)
From: Eric C Tom[etom@unmc.edu]
Sent: Friday, October 30, 2009 5:58 PM
To: Brown, Buster (CCIk)
Subject: Attic Bar and Grill — Hearing November 3rd
Attachments: Wednesday August 12 To the Omaha city council.docx
Friday October 30, 2009
Members of the Omaha City Council,
An attached Microsoft Word document, containing signatures from immediately proximal neighbors,
is the letter sent to members of the city council, mayor's office, Captain Gonzalez, and others on
September 9th, 2009. It is an aggregate complaint from eye-witness reports, we have no doubt
that events described therein are resultant from activity associated with the "Attic Bar and Grill",
not from the nearby fraternity or other houses on the block.
Defenders of the establishment are offering plausible denials as to the source, and taking
advantage that most of our 9/11.calls are linked to areas on the block that haven't been pinned
appropriately to patrons coming out of the Attic. Of particular interest to me is a 9/11 call made
August 21st, over a fight where Attic security were present at the scene when police arrived, but
this incident like others, is not noted to be coincident with activity at the bar.
It is a noteworthy accomplishment that since our letter arrived and the owner spoken with,
exacerbating conditions have quieted down. It is unclear whether this is due to genuine concern or
coincides with the arrival and supervision by Omaha police. Clearly, this establishment has it
within their ability to control their promoted venues, an important concern as a packed bar
invariably ends up releasing its patrons into our overwhelmingly residential neighborhood.
Obviously, a regular police presence is expected to change the behavior of patrons in sight.
Certain individuals will choose instead to present this progress as a lack of evidence for problems
identified over the last 10 months and this is very troubling. Our neighborhood is sincerely
appreciative of the time and effort committed by Captain Gonzalez.
I would like to correct an error contained within the original communication. It states I had spoken
with vice squad months earlier in the year. Although I had spoken with vice squad in request for
enforcement, the conversation referred to took place between myself and a 9/11 operator, or with
the southeast precinct front desk. I had not been collecting dates/times or names of individuals
. The conversation tookplace prior to
pursuit of remediation of each complaint. just
spoken with inP
p
the altercation culminating in the home invasion of my former neighbors across the street, a
residence managed by CPM Realty. This exemplifies the conflict that exists between residents and
over-indulgent bar goers, and can be considered the worst case scenario for anyone living here.
Whether or not the individual was in the Attic, or had just arrived near closing time is secondary to
the fact that bars are a magnet for drunken and disorderly conduct.
This one event by itself should be indicative of the need to moderate carefully this licensing
request which comes with high potential for harassment and abuse. Several neighborhoods in
midtown are unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
Page 2 of 2
suggested by Councilman Jerram during a verbal conversation, providing it is kept to the northwest
half of the building. Locating a sit down area in full view of the street would discourage most of the
• unwanted activity frequently witnessed on the building's southwest corner that includes public
urination, open containers and some drug use. I'm also not opposed to and would welcome
cooperative beautification along the boundary of our property line.
After brief discussion I suggested Attic management show me their proposal in writing, the
appropriate and prudent course of action. Unfortunately they chose instead to pursue a path easily
perceived as an attempt to ram this beer garden through the city council. Notice from the city
clerk was the first indication received in reference to this request.
As mentioned, a similar proposal was presented and denied by the council in November 2007. The
proposed area to the south is within earshot and view of my kitchen, two of my bedrooms, a car
width from my property line, and approximately 15 feet from the backdoor of my home. A beer
garden, as presented by previous management and current building owner, would arrive with
considerable noise, loud music, and purposefully impinge on my ability to sell, rent, or otherwise
enjoy my residence. This high pressure threat was intended to incentivize me into abandoning a
home I've now occupied for 8 years that has not been at any time up for sale. The inclusion of this
outdoor area would not impact significantly the ability of the leasing party to earn its business
relative to the disproportionate effect it would have on my peace, privacy, security and outcome on
my personal investment as a property tax-paying owner.
As the Attic management team is inexperienced and new to the area it should be considered due
diligence to postpone this hearing until they establish credentials and a reputation for operating
their business responsibly, and makes communicative attempts at being a part of this
neighborhood instead of a sore spot. Important questions have been raised by this neighborhood's
complaint, and those documented citations presented by the police department should be taken
seriously and not brushed aside in expanding privileges for this bar. Activity coincident with other
purveyors of alcohol in midtown shows us that enforceability is limited after license has been
granted. In the absence of a zero tolerance or three strikes policy it remains an open question
what incentives the council can offer to keep this business operating responsibly.
Sincerely,
Eric Tom 0
411 S 33rd Street
**See Attachment**
11/1/2009
my former neighbors across the street, a
residence managed by CPM Realty. This exemplifies the conflict that exists between residents and
over-indulgent bar goers, and can be considered the worst case scenario for anyone living here.
Whether or not the individual was in the Attic, or had just arrived near closing time is secondary to
the fact that bars are a magnet for drunken and disorderly conduct.
This one event by itself should be indicative of the need to moderate carefully this licensing
request which comes with high potential for harassment and abuse. Several neighborhoods in
midtown are unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
Saturday August 22nd, 2009
Mayor Jim Suttle,
Current members of the Omaha city council,
Hobert Rupe of the Nebraska State Liquor Commission,
Omaha Police Department Captain Richard Gonzalez, Southeast Precinct
Omaha City Clerk Buster Brown,
Omaha Midtown Business Association,
Jamie Grayson-Destination Midtown
I will begin by saying that I have lived in and paid taxes on my home now going on almost 8 years. I have
watched the establishment located at the corner of 33`d and Harney currently doing business as the
"Attic Bar and Grill",change ownership 5 times in that duration. I'm a student at the University of
Nebraska Medical Center and it is my privilege to write this letter to address the concerns of my
neighborhood. It has been less than 8 months since the most recent turnover of ownership which
occurred in January and in short time the Attic bar at every opportunity has presented itself to be a
public nuisance and endangerment to the residents of this neighborhood. Until recently it had been too
early to complain but since its inception the quality of life in this neighborhood has steadily deteriorated
due to the overt influence of this bar.
Initial noise ordinance complaints of loud pounding music may seem harmless enough but a lack of real
consequences has encouraged behaviors increasingly detrimental. I have now witnessed several street
fights drawing crowds of at least 30 people. My neighbors made a statement to police in late June/early
July as witnesses to a fight involving a blade used to slash a man in the chest. This individual was helped
into an SUV by friends presumably to get him medical care but instead this man leapt out of the moving
vehicle.
Drugs,alcohol use and fights are now observed as a regular occurrence in vehicles parked along the
north side of Dewey Park,along 33`d Street, Harney and on the private property of my home,A Merry
Occasion,Orthopedic Marketing Incorporated, park grass,and the apartment lot on 33'1. Bar goers and
staff parking on the sidewalk of the east no-parking side of 33rd street has resulted in restriction of
access to my property through my driveway. This is often accompanied by thumping music,empty
alcohol containers and other trash to be picked up the next morning.
Our attempts to work with management are insincerely received and have not inspired commitment to
effect noticeable change as conditions on the ground continue to deteriorate. For instance,
management of the apartments at 33rd and Dewey have engaged a towing service and were allowed to
post notice at the entrance of the bar. Still,towing has provoked belligerent pounding on my neighbors'
doors accompanied by clear verbal threats from patrons directed at the ground floor tenant where
children are present. Despite exhausting conversational efforts at remediation, management of the bar
has not taken the initiative in ensuring their patrons are behaving responsibly at a distance less than a
block from their entrance.
t for drunken and disorderly conduct.
This one event by itself should be indicative of the need to moderate carefully this licensing
request which comes with high potential for harassment and abuse. Several neighborhoods in
midtown are unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
This past winter an over-served patron had been parked on the west side of 33rd and fell asleep with his
foot on the accelerator. This car caught fire and burst into flames just as police arrived.
There have been street races observed taking place down Harney and Dewey immediately after bar
hours,with 3 vehicles participating at a time.
Angry patrons have been seen kicking cars along with other willful acts of destruction of private
property.
Traffic congestion in our residential neighborhood has lasted past 2:30a.m. on weekdays accompanied
by horns,car alarms,and drunken patrons stumbling through our streets who have attempted to gain
access to residences or parked vehicles.
I've seen public urination not just by patrons at night, but by staff in the middle of the daytime,and
open containers carried brazenly on our streets. It has gotten to be that something as simple as leaving
the house or having guests during peak hours is increasingly unthinkable.
Recent events on Saturday August 22nd at approximately lam,concurrent with the writing of this letter
demonstrate the ongoing nature of this problem. I made a 911 call after hearing loud voices and
scuffling outside on the southwest corner of 33`d and Dewey Street. A crowd of 8 people had
surrounded a melee of two and then three individuals. A wounded fighter fell to the ground and was
dragged into the backseat of a white 4 door Chevy and visibly beaten repeatedly. This continued for
several minutes before 3-4 members of bar security came down the block and pulled the standing
aggressor from the car. I then watched as one security member also beat the individual in the backseat
several times. A second vehicle involved in this incident left the scene before police arrived.
It is now clear to me it has become standard operating procedure for staff at the Attic to immediately
disavow problem individuals were ever in the building. I feel this is done to perpetuate a plausible
deniability that troublemakers come from some other establishment and are refused entry. I believe
this after having seen the same white 4 door Chevy parked there,directly in front of the stop sign on the
corner some 2-2 Y2 hours earlier. I witnessed Attic staff telling officers an identical falsehood a few
months ago after a fight with an Attic security member(Rafael)sent a patron running blind drunk into
the street and scared the familyliving th
e house directlyacross there bad enough to move out. The
tenants to the south of me,ideal neighbors,have informed me they will be moving out at the end of
their lease due to this activity. Oddly,despite all denials the Attic has anything to do with such
outrageous behaviors none of the problems described herein were happening before the arrival of
recent Attic management.
Our ongoing problems highlight an inexperienced staff incapable of,or lacking motivation for
maintaining reasonable control over their promoted venues. This exemplifies irresponsible corporate
citizenship operated by a clear lack of interest in this neighborhood.
The fact Ms.Jurgenson has personal problems with responsible alcohol use, noted on her original
application as a 2003 DUI citation and another in 2006 for driving under suspension could have
e unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
predicted activity here would rapidly get out of control. This resulted in quick withdrawal and
resubmission of her application under articles of incorporation to skirt the skepticism rightfully due,and
comes as no surprise to those of us that live with the consequences.
Finally,and let me be completely clear with you on this point—this is activity no one wants in their
neighborhood. This should have been obvious for more than a dozen documented police calls from
multiple residents on the block that somehow failed to make it into the hearing for application. in fact I
had spoken with vice squad months earlier in the year and they acknowledged an increased number of
problems and complaints incident with the Attic. We therefore believe the clerk's office did not
adequately pursue its obligations in obtaining several documented requests for enforcement,and the
actions taken in granting this liquor permit have been fast and loose,astonishing and bizarre. Through
conversations with a representative for ECI Investment Advisors,and head of Mutual of Omaha security
Jim Winship,it has been learned that Mutual of Omaha discontinued the allowed use of their parking
structure for this business for many of the same problems identified herein. This action effectively
pushed the unwanted behaviors into our neighborhood. We anticipate the day when the garage is re-
opened to the public and our problems will again be their problems.
It is the responsibility of this council and particularly the Nebraska Liquor Commission to remediate
these issues by setting defined and enforceable codes of conduct that must include a clear path for
instant and permanent revocation of any license that operates as a public nuisance or clear danger to
residents. The governing bodies must engage in policy making that looks out for our safety and our
homes,and not just the benefit of our businesses. There are no intrinsic rights inherent in state law to
suggest tavern interests come before the safety and peace of our taxpaying residents,particularly as
commercial zones support a variety of uses. It needs to be recognized that midtown in no way suffers
lack of available alcohol and specifically needs leadership that represents our neighborhoods without
the apparent conflicts of interest in these matters.
This has not been business as usual typically encountered at many bars across the metro area. There
are model establishments in any corner of the city that operate responsibly,with fewer problems,
without the grievous anticipation and anxieties experienced by myself and my neighbors. Frankly,this
business is a waste of taxpayer resources requiring too many police calls,gives nothing back that could
be deemed a positive contribution, unduly burdens residents to be vigilant,and has no right to remain
operating in a neighborhood that had been on the mend.
Sincerely,
Eric Tom 411$33rd Street
Marvel Fisher Jr, 425 S 33rd Street
Merry Johnson 3205 Harney Street
Steve Johnson 3205 Harney Street • A Merry Occasion
s neighborhood.
The fact Ms.Jurgenson has personal problems with responsible alcohol use, noted on her original
application as a 2003 DUI citation and another in 2006 for driving under suspension could have
e unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
Shane Ekdahl 423 S 33`d Street
Mellissa Ekdahl 423 S 33`d Street
Jose'Luis De la Vega 3311 Harney Street CPM Realty
3315 Harney Street 115 N 49th Street
3302 Dewey Avenue Omaha, Nebraska 68132
3306 Dewey Avenue (402)-306-1212
3310 Dewey Avenue
Mark and Jill Goodrich 423 S 33`d Street MG Real Estate Properties LLC
425 S 33`d Street
3230 Dewey Avenue
3301 Dewey Avenue-15 units
3307 Dewey Avenue—6 townhomes
0 L.;,a- O CCDD can '—.
c.,
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Office of the County Clerk of
Douglas County,Nebraska.
Witness my hand this 7th day of October, 2009.
Rels Title
By: j f l L- "-'""
Re ' ere Abstracter
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estment Advisors,and head of Mutual of Omaha security
Jim Winship,it has been learned that Mutual of Omaha discontinued the allowed use of their parking
structure for this business for many of the same problems identified herein. This action effectively
pushed the unwanted behaviors into our neighborhood. We anticipate the day when the garage is re-
opened to the public and our problems will again be their problems.
It is the responsibility of this council and particularly the Nebraska Liquor Commission to remediate
these issues by setting defined and enforceable codes of conduct that must include a clear path for
instant and permanent revocation of any license that operates as a public nuisance or clear danger to
residents. The governing bodies must engage in policy making that looks out for our safety and our
homes,and not just the benefit of our businesses. There are no intrinsic rights inherent in state law to
suggest tavern interests come before the safety and peace of our taxpaying residents,particularly as
commercial zones support a variety of uses. It needs to be recognized that midtown in no way suffers
lack of available alcohol and specifically needs leadership that represents our neighborhoods without
the apparent conflicts of interest in these matters.
This has not been business as usual typically encountered at many bars across the metro area. There
are model establishments in any corner of the city that operate responsibly,with fewer problems,
without the grievous anticipation and anxieties experienced by myself and my neighbors. Frankly,this
business is a waste of taxpayer resources requiring too many police calls,gives nothing back that could
be deemed a positive contribution, unduly burdens residents to be vigilant,and has no right to remain
operating in a neighborhood that had been on the mend.
Sincerely,
Eric Tom 411$33rd Street
Marvel Fisher Jr, 425 S 33rd Street
Merry Johnson 3205 Harney Street
Steve Johnson 3205 Harney Street • A Merry Occasion
s neighborhood.
The fact Ms.Jurgenson has personal problems with responsible alcohol use, noted on her original
application as a 2003 DUI citation and another in 2006 for driving under suspension could have
e unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
•
Brown, Buster (CCIk)
From: Fisher, Marvel SSG RES USAR USARC [marvel.fisher@us.army.mil]
Sent: Monday, November 02, 2009 4:47 PM
To: Brown, Buster(CCIk)
Subject: Beer Garden Application for The Attic •
To whom it may concern:
My name is Marvel Fisher, Jr., my family resides at 425 South 33rd Street, which is two
buildings south of The Attic Bar and Grill. I am writing you to voice my concerns about
approving a beer garden in this residential area. I was unaware that a beer garden was
even being considered until it was brought to my attention by one of my neighbors.which
prompted me to take action. First of all, I am concerned with the noise and adult behavior
that a beer garden can generate so close in proximity to our residence. We already contend
with a considerable noise level from the music, but we also have reported numerous
incidents that have stemmed from the patrons of The Attic. We have called 911 on several
occasions at 425 S. 33rd St. to report everything from loitering to a vehicle fire caused
by a drunk patron passed out in his vehicle with his foot lodged on the accelerator. We've
witnessed fights, public urination on our property, littering, property damage, threats
and harassment from belligerent, Dis-respectful persons that were coming or going from The
Attic. I have no issue with having a neighborhood bar and grill, but they must be a good
neighbor as well and should take responsibility for their patrons showing proper respect
and courtesy to the people who are being affected•. If you have any further questions feel
free to contact me.
Thank you,
SSG Fisher, Marvel
784TH TC DET (TTP)
Cell: 402-215-7045
marvel.fisher@us.army.mil
1
policy making that looks out for our safety and our
homes,and not just the benefit of our businesses. There are no intrinsic rights inherent in state law to
suggest tavern interests come before the safety and peace of our taxpaying residents,particularly as
commercial zones support a variety of uses. It needs to be recognized that midtown in no way suffers
lack of available alcohol and specifically needs leadership that represents our neighborhoods without
the apparent conflicts of interest in these matters.
This has not been business as usual typically encountered at many bars across the metro area. There
are model establishments in any corner of the city that operate responsibly,with fewer problems,
without the grievous anticipation and anxieties experienced by myself and my neighbors. Frankly,this
business is a waste of taxpayer resources requiring too many police calls,gives nothing back that could
be deemed a positive contribution, unduly burdens residents to be vigilant,and has no right to remain
operating in a neighborhood that had been on the mend.
Sincerely,
Eric Tom 411$33rd Street
Marvel Fisher Jr, 425 S 33rd Street
Merry Johnson 3205 Harney Street
Steve Johnson 3205 Harney Street • A Merry Occasion
s neighborhood.
The fact Ms.Jurgenson has personal problems with responsible alcohol use, noted on her original
application as a 2003 DUI citation and another in 2006 for driving under suspension could have
e unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
.
.
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425 S 33`d Street
3230 Dewey Avenue
3301 Dewey Avenue-15 units
3307 Dewey Avenue—6 townhomes
0 L.;,a- O CCDD can '—.
c.,
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Office of the County Clerk of
Douglas County,Nebraska.
Witness my hand this 7th day of October, 2009.
Rels Title
By: j f l L- "-'""
Re ' ere Abstracter
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have called 911 on several
occasions at 425 S. 33rd St. to report everything from loitering to a vehicle fire caused
by a drunk patron passed out in his vehicle with his foot lodged on the accelerator. We've
witnessed fights, public urination on our property, littering, property damage, threats
and harassment from belligerent, Dis-respectful persons that were coming or going from The
Attic. I have no issue with having a neighborhood bar and grill, but they must be a good
neighbor as well and should take responsibility for their patrons showing proper respect
and courtesy to the people who are being affected•. If you have any further questions feel
free to contact me.
Thank you,
SSG Fisher, Marvel
784TH TC DET (TTP)
Cell: 402-215-7045
marvel.fisher@us.army.mil
1
policy making that looks out for our safety and our
homes,and not just the benefit of our businesses. There are no intrinsic rights inherent in state law to
suggest tavern interests come before the safety and peace of our taxpaying residents,particularly as
commercial zones support a variety of uses. It needs to be recognized that midtown in no way suffers
lack of available alcohol and specifically needs leadership that represents our neighborhoods without
the apparent conflicts of interest in these matters.
This has not been business as usual typically encountered at many bars across the metro area. There
are model establishments in any corner of the city that operate responsibly,with fewer problems,
without the grievous anticipation and anxieties experienced by myself and my neighbors. Frankly,this
business is a waste of taxpayer resources requiring too many police calls,gives nothing back that could
be deemed a positive contribution, unduly burdens residents to be vigilant,and has no right to remain
operating in a neighborhood that had been on the mend.
Sincerely,
Eric Tom 411$33rd Street
Marvel Fisher Jr, 425 S 33rd Street
Merry Johnson 3205 Harney Street
Steve Johnson 3205 Harney Street • A Merry Occasion
s neighborhood.
The fact Ms.Jurgenson has personal problems with responsible alcohol use, noted on her original
application as a 2003 DUI citation and another in 2006 for driving under suspension could have
e unique for having homes in close proximity to businesses or commercial zones, some
of which serve alcohol. Often, as observed with other midtown taverns our respective interests are
difficult to reconcile. I urge the council to weigh carefully before responding on this issue.
This letter should not be taken as unwillingness to compromise on my part: I do not oppose the
area on the north side. I would not oppose an outdoor licensed area on the west side along 33rd,
11/1/2009
1 -
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