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RES 2009-1431 - Addition of area to Tobacco & Phones 4 Less • �s'S13E�S T9 hql a-pF rF 4 O 7y v ':'_ � R E C E V F D STATE OF NEBRASKA ,i'¢; :may „ .,4 9i f, .�e1,t 1 Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION �� �.rr Governor h{� N t t� 12 ' C. I Hobert B. Rupe if J U t & 1 Executive Director w 301 Centennial Mall South, 5th Floor OMA'�''""TY CLERK P.O.Box 95046 1819 FARNAM STREET, SUITE FC-1 CITY CLERK Lincoln,Nebraska 68509-5046 OMAHA NE 68183 OMAHA, NEBRASKA Phone(402)471-2571 Fax(402)471-2814 TRS USER 800 833-7352(TTY) web address:http://www.lcc.ne.gov/ TFL INC/DBA:TOBACCO&PHONES 4 I.FSS LIQUOR LICENSE#D-60698 Dear Clerk • The above licensee has requested a/an ADDITION: ADDRESS: 10780 Q ST OMAHA NE 68127/DOUGLAS COUNTY ADDING: ADDING ON TO THE BUILDING NEW LICENSE ONE STORY BLDG APPROX 75'X 26' WILL READ: 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 yvt:2 Kristina Radicia Licensing Division Cc:file • Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Comm issoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #D 60698 TFL, INC 10780"Q" STREET 68127 934-0798 DBA TOBACCO 4 LESS MAIL:202 SOUTH 73RD STREET 68114 NLCC ORDERS 11-11-06-CHANGE OF LOCATION APPROVED RECEIPT#L000534 * OTHER ACTIVITIES 01-11-05-UPGRADE FROM OFF SALE BEER * 10-31-06 -CHANGE OF LOCATION FROM 5055 SOUTH 108TH STR, STE A AND AN ADDITION OF AN AREA APPROX 17' X 26'TO THE NORTH CCID#1269 APPLICATION READ-AMENDMENT TO DELETE THE REQUEST FOR AN ADDITION TO THE NEW LOCATION -APPROVED AS AMENDED * 12-15-09-REQ ADD OF AN AREA APPROX 17'X 26'TO THE NORTH ****"B"-60697 -8-26-03-RES#1122 GRANT LICENSED PREMISES 1 STY BLDG APPROX 26'X 58' * **(OLD -5055 SOUTH 108TH STR, STE A-ENTIRE SUITE 1 STY APPROX 23' X 85' LOCATED W/IN A STRIPMALL APPROX 120'X 100') OFFICERS: MGR-KERRY GIVEN, 3516 N 112TH PLZ#8, 68164 (H)496-3419 * PRES-ABDURASHID (RASHID) SAMIEV, 3712 N 108TH PLZ#11, 68164 (H)496-0982©706-1768 *CORP ADDRESS & PHONE#4108 DODGE STREET, 68131,#551-0302 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 yvt:2 Kristina Radicia Licensing Division Cc:file • Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Comm issoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper — — r: Print Form • .APPLICATION FOR ADDITION • TO LIQUOR LICENSE Office Use RECEIVE® • NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 0 V 9 2D09. LINCOLN,NE 68509-5046 PHONE:(402)471 2571 FAX:(402)471-2814 NEBRASICA LIQUOR Website: www.lcc-ne.gov CONTROL COMMISSION. 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# . ..:6 0.6 g.E LICENSEE NAME o bacco Pho 4 Les TRADE NAME ._ PREMISE ADDRESS ._.. .._t. :. so... 0..._...SA- CITY . _.._-._._..0y4.V‘,1. -. OJZ 6SI Z-1 CONTACT PERSON Z-?b6-.. — �!._2 4 6 - PHONE NUMBER OF CONTACT PERSON._.... ..,_ ....... Complete the following questions: 1) Are you adding on to your building? 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 att.outdoor area? J.... Yes 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...) 1 • • , 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 usin ? _ - ED • Include a.sketch of the area to be added showing: NOV 9 2009 • o existing building NEg • o outside dimensions (in feet) CON.TRpAS�LIQUOR • o direction north L COMMISSIQN \--C..,,ret,k)(AA r-Ok• Print Name of Signature • • • Signature of Licensee or Officer .' • State of Nebraska • . County of `P Y hS • • The forgoing isj ent was acknowledge before me this /lleia.0? Date • 91-1)(411----)- • Nota 'c Signature • Affix Seal Here NOTORY•sh!d • ANGEL PIKE • MY Comm.EsP. 21 .13 2 . PERSON._.... ..,_ ....... Complete the following questions: 1) Are you adding on to your building? 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 att.outdoor area? J.... Yes 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...) 1 � n • (11 � I C Z 21. • . d -------------'s.''''. ., ' ....".."4"..16 .„. \\ ..... ^.- ..... .... , N., N \ \ \ 1.— \ \ . i . \ \ ___....--.-------------,— • \ ,oz _ ,... _ _ i . 1 a- M a e_c.1 •---N 1. 1 1 i a xte,-,si ort y I II I . I I I . li I I , . - ! 1 I. II • , I I , . 1 - ---0 I 17 1 ,- I 1 1 • . .. . (Th I 1 • A %.% t....0 I I I 1 ' I c ‘.... I 1 • I . _./-1- • 1 • . . \... 1 I I ' I t I . i , . I , i 1:: / ) ;I NO slitit crioal.NO3 // U 11017101Stiel83N . .. - ilvNo: 602 6 •A ON ! CI Aposu _ _.. ,. -- -- _ , - , , ng 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 Page : 1 Document Name: untitled PARC 0010 7015 18 FB 62 STATUS 2 CLASS C EXEMPT 0 EXEMPT TYPE TAX DISTRICT 5403 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 10780 Q ST OMA 68127 OWNER OR TAXPAYER INFORMATION NAME TOBACCO & PHONES 4 LESS DATE OF LAST CHANGE 06-01-2009 + 202 S 73 ST BK/PG OR DOC# ADDR HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68114 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2009 08-12-2009 359000 309300 668300 BOE 2796 ADDITION NO. 25960 LOT 1 HALF BLOCK 0 HALF MOCKINGBIRD HILLS WEST SECT TOWN RANGE PLAT 0852 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 IRREG E 190 W 200 N 190 S 200 FT 2 LOT 1 IRREG 3 4 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB Date : 11/18/2009 Time: 1 : 52 : 39 PM 1 ' I c ‘.... I 1 • I . _./-1- • 1 • . . \... 1 I I ' I t I . i , . I , i 1:: / ) ;I NO slitit crioal.NO3 // U 11017101Stiel83N . .. - ilvNo: 602 6 •A ON ! CI Aposu _ _.. ,. -- -- _ , - , , ng 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 RECEIVED NOV 9 2009 BUSINESS ASSETS URCHASE AGREED ASKJ LIQNTROL UOR COMMISSION 1. 1. This AGREEMENT entered into at f •0 o this --142 ` day of ,SE olf,m,1- -/C TFL,Inc. (hereinafter referred to as'Purchaser"or`Buyer)and K.C.L.,Inc Z��?�� by and between (hereinafter referred to as "Seller") WITNESS TO: Whereas,the Seller is the owner and operator of E,id yi c,yvoco located at 00 2 9e) q �,�1, 21II,11/j 'VI- ( 1/6? 7 . WHEREAS,the Purchaser desires to purchase certain assets of the Seller to be effective on the closing day,which is set to take place on the 20'''of October 2006,upon satisfactory fulfilment of the terms and conditions contained herein. Whereas,the Seller agrees to sell and the Purchaser agrees to purchase leasehold improvements, assets,goodwill,furniture, fixtures, improvements and/or personal property allocated at the above referenced business to be paid at time of closing,including but not limited to,those items as listed on Exhibit"A" attached hereto and incorporated herein by this reference. NOTE: Real Property The sale of any real property should it be involved in the sale,will be treated as an asset in this transaction and Exhibit"D"to be attached hereto and shall form a part of this Agreement. NOW THEREFORE,pursuant to the mutual covenants and conditions stated herein,the parties, hereby agree to the following purchase price. PURCHASE PRICE 2.Purchaser agrees to pay$90,000.00 dollars upon the following terms: $33000 00-(Deposit); balance to be paid only as shown in following paragraph. Conditional Upon Financing:Balance of$87,000.00 shall be paid in cash or check at time of closing conditioned upon Purchaser's ability to obtain financing on above described property in �-�� the amount of$7O OO 0Uwith terms providing for initial interest not exceeding 9%per annum, amortized over not less than 5 years.Purfzfinanewi ' fiv :If the financing is not approved within thirty (30)days from date of acceptance,this offer shall be null and void,and_.the..Deeesit` e4)e-- returned-ta.Purchaser.However,if processing of the application for financing has not been completed by the lending agency within the above time,such time limit shall be automatically Page 1 of 8 RECEIVED uQ NOV 9 20C9 extended until the lending agency has in the normal course of its business,Iliad either uo� approval or rejection. NTROL COMMISSION The Buyer agrees to take over,for the remainder of its duration,the Seller's existing contract with Conoco contingent upon Buyer's and/or Buyer's attorney's final review of the written and signed copy of the above referenced contract and Buyer's written acceptance of the terms of the contract.If the terms of the contract vyill not be satisfactory to the Buyer or Buyer's attorney,the Buyer shall be freed from the obligation to take over the Seller's existing contract with Conoco. The final review of the Conoco Ontract and the delivery of written acceptance or denial by the Buyer and/or Buyer's attorney:shall be completed within no longer than twenty(20)days after the delivery of the above ref,,eienced contract by the Seller to the Buyer. OFFER EXPIRATION 3. This offer to purchase is subject to acceptance by seller on or before 09/14/2006. PURCHASE PRI( E ALLOCATION 4. The total purchase price of$90,000.00 shall be allocated to the various assets of the Company as follows: Land- Leasehold interest rights- Building- Covenant not to compete- Equipment and fixtures- Business trade name-N/A Leasehold improvements- Goodwill- FAMILIARIZATION 5. Seller,without cost to Purchaser,shall familiarize and acquaint Purc week. Sar with all id material of l aspects of purchased assets from the close of the sale for a period (one)week. familiarization shall be conducted during normal business hours of Buyer's business. INVENTORY OF GOODS 6.It is agreed that the on-hand inventory of marketable oods shall be taken by Purchaser and Seller prior to the closing and the inventory is to be pon the closing date upon following conditions: . c lr 4% 1'h e/ a. Supplies charged at cost b. Gas at the last purchase invoice c.Cigarettes at invoice price minus buy-downs Page2of 8 plication for financing has not been completed by the lending agency within the above time,such time limit shall be automatically Page 1 of 8 d. Beer at invoice price e. General inventory at a cost price or at 30%off reasonable retail price COVENANT NOT TO COMPETE 7. For a period of 3 years from the date of closing,the Seller shall not directly or indirectly: either as an employee,partner, stockholder,officer, director,proprietor,owner or otherwise,engage or become interested financially or otherwise in any business,trades,or occupation similar to or in competition with the Business within 2 miles radius of the Purchaser's Business. FINANCIAL INFORMATION 8. Seller warrants that the financial information, a copy of which is attached hereto,marked as exhibit"B" and by reference incorporated herein is true and correct and is a fair and accurate presentation of the results of the operations of the Company for the previous year ending 12/31/2005. ACCOUNTS RECEIVABLE AND PAYABLE 9. All accounts receivable and payable accruing to the close of the sale shall remain the property of and the responsibility of the Seller and are not included in this sale.Immediately from and after the closing of the sale,all subsequent receivables and payables shall be the sole property and the responsibilities of the Purchaser. WARRANTY 10. Seller warrants that all outstanding liabilities of the Company except as specifically set forth herein,shall be paid in full on or before close of this sale and that Purchaser shall receive possession and control of the Company's premises and assets free and clear of any encumbrances. Some outstanding liabilities and bills incurred up the date of closing but not available for full payment by the Seller before or at the time of closing shall remain Seller's sole responsibility and shall be paid by Seller within five(5) business days after closing date. TAXES 11. Seller has or shall pay in full to the date of closing all federal, state,city or other local taxes including withholding personal property,sales,social security,unemployment and any other taxes resulting from the transfer of Business assets to the Purchaser. Real Estate taxes for 200600 are to be prorated as of the closing date of this sale. SELLER AFFIDAVIT Page 3 of 8 lies charged at cost b. Gas at the last purchase invoice c.Cigarettes at invoice price minus buy-downs Page2of 8 plication for financing has not been completed by the lending agency within the above time,such time limit shall be automatically Page 1 of 8 12. Seller shall,at the closing of this sale,execute and deliver to Purchaser an affidavit warranting that,as of the closing,the Company shall have no creditors except those creditors in which the Buyer shall agree,in writing,to assume responsibility. INDEMNIFICATION 13. Seller does hereby indemnify Purchaser and shall hold and save harmless from and against all debts,claims,actions,or causes of action, losses,damages and attorney's fees,now existing or that may hereafter arise from or grow out of Sellers past operation on the premises,either directly or indirectly,excepting for those liabilities being assumed by Purchaser hereunder,if any. LITIGATION 14. Seller represents and warrants that there is no litigation or proceeding pending to the Sellers knowledge against or relating to the Company's premises,leasehold interests, Seller's properties or business;nor does the Seller know or have reasonable grounds to know of any basis of any such action or governmental investigation relative to the Company's premises,leasehold interests, Seller's properties or business. BILL OF SALE 15. Seller shall deliver to Purchaser at the closing a Bill of Sale for all assets included in this transaction for which Seller warrants good and marketable title,free and clear of all liens and encumbrances. COMMON OF EQUIPMENT 16.At the closing of this sale,all equipment shall be in working condition,and Seller,at Seller's sole expense and at Purchaser's option, shall repair o'replace any equipment not in working condition on said date LOSS/DAMAGE 17.In the event there is any loss or damage to the Company Premises,or any of the improvements,systems,equipment or other assets included in this sale at any time prior to the closing of this sale,the risk of loss shall be upon the Seller.Immediately from and after the closing of this sale,all risk of loss or damage shall be upon the Purchaser. COMPANY RECORDS 18.At the close of this sale, Seller shall deliver to Purchaser all customer accounts and records, and any other documents pertinent to the operation of the Company which Seller may have. Such records shall include copies of those documents necessary to conduct business with suppliers and customers of the Seller's Company. INSPECTION Page4of 8 atically Page 1 of 8 • RECEWED NOV 92909 19. Buyer and its representatives shall have the right enter upon thojammit Hatjemonable time after the date of this Agreement to perform environmental aeGUIROt inspections at Buyer's sole discretion.If the results and or reports from the assessments and inspections,or the review of the documentation pertaining to this transaction or any documentation pertaining to business operations at the above referenced Company Premises are not satisfactory or not acceptable to Buyer,Buyer may elect to either: a)terminate this Agreement, in which event the Deposit-shaTTbereturned to Buyer and neither Buyer nor Seller shall have any further obligation or liability to the other under this Agreement; or b)give Seller written notice specifying the item(s)of objection,in which event Seller may elect to either(I)terminate this Agreement,in which event the Deposit shall be returned to Buyer and neither Buyer nor Seller shall have any further obligation or liability to the other under this Agreement,or(ii)cure or correct such objections at Seller's cost and expense within thirty(30) days following receipt of such notice, in which event the date of Closing shall be extended accordingly and the Property shall be subject to further inspection by Buyer. PERMITS AND CERTIFICATES 4-0 20.1. Seller hereby warrants that any and all licenses and certificates necessary terrelgaIc-and start the Buyer's business operations at the company's premises shall be current and valid as of the closing date and can be renewed at no expense to Purchaser other than the normal license fees. Any expenses to bring the premise to the necessary standards shall be the sole responsibility of Seller and shall be paid in full by Seller when due. c444• 20.2.Buyer agree/to eit r execute Temporary Agency Agreement or to transfer-an-existing— liquor sti nsthess-at-5$5s South 168*-Streetuito ah:4N 3 k 0 enable the Buyer to sell liquor at the new location upon closing date without any hindrance. OPERATION OF THE COMPANY PRIOR TO CLOSING 21. Seller hereby agrees from the date of execution of this Agreement to the date of closing to carry on the business activities and operation of the Company diligently and in substantially the same manner as has been customary in the past. COMPANY PREMISES 22.Until possession is given, Seller agrees to maintain the Company premises,including heating, cooling,plumbing and electrical systems,built-in fixtures,together with all other equipment and ass ets included in thissale, working order and to maintain and leave the premises in a clean in 1�ng orderly condition. REAL PROPERTY LEASE 23.Effective with the closing,Purchaser shall assume and pay,and Seller shall assign to Page 5 of 8 • • Purchaser all of Sellers rights in and to the existing Lease Agreement for the Company Premises, a copy of which is attached hereto and made a part of this Agreement. Prior to the closing, Purchaser and Seller shall execute,and shall obtain the Lessors written consent to a Lease Assignment,with , ,a copy of which is attached hereto, marked as exhibit"C"which shall form a part of this Agreement in accordance with the terms of the Lease Agreement. In case the Lessor's written consent is not granted to Buyer,this Agreement is considered to be null and void in which event the Deposit shall be returned to Buyer and neither Buyer nor Seller shall have any further obligation or liability to the other under this Agreement. ARBITRATION 24. In the event of any dispute, subsequent to the closing of this sale,between the Purchaser arid Seller under this Agreement,the parties agree to submit the matter to arbitration in accordance with the rules of the American Arbitration Association. Each party shall choose a single arbitrator and the two so chosen shall choose a third arbitrator.Either party may be represented by legal counsel.Purchaser and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them and in the event of litigation,the prevailing party shall be entitled to recover reasonable attorney fees and court costs from the other party. ENVIRONMENTAL 25. Property has been used as a C-store,car wash,and has dispensed petroleum products in the past. Seller represents to the best of Seller's knowledge,information and belief,there are no conditions present or existing with respect to the Property,other than already listed in NDEQ documents,which may give rise to or create Environmental Hazards or Liabilities,and there are no notices of Environmental Hazards or Liabilities or enforcement actions pending or threatened with respect thereto, other than the information in NDEQ documents. Seller shall be responsible for any costs of assessment and remediation of the Premises that are ordered by the Nebraska Department of Environmental Quality resulting from Seller's operations of the Premises prior to the term of this Sale. Buyers shall permit Seller or its agents or representatives,or any governmental authorities designated by Seller(collectively the "Designees")to come onto the Premises upon twenty-four(24)hours notice(unless shorter for an emergency)to take any action ordered by the NDEQ to assess and remediate environmental concerns or problems,if any, caused by Seller. Seller agrees to take all reasonable measures to avoid disruption of Buyer's business operations while undertaking such assessment or remediation and compensate Buyer for any loss as a result from the disruption of operations. BINDING EFFECT 26.This Contract shall bind and inure to the benefit of the successors,assigns,personal representatives,heirs and legatees of the parties hereto and upon execution by all parties,this Contract shall be absolutely binding and fully enforceable. SEVERABILITY Page 6 of 8 ri. jtJ V1D NOV 9 nog 27.In the event that any of the provisions, or portions thereof,of :+,�� - bi of unenforceable or invalid by any court of competent jurisdiction, tY the remaining provisions,or portions thereof, shall not be affected thereby and effect shall be given to the intent manifested by the provisions,or portions thereof,held to be enforceable and valid. PARAGRAPH HEADINGS 28.The various paragraph headings are inserted for convenience of reference only,and shall not affect the meaning or interpretation of this Contract or any section thereof. CHOICE OF LAW 29. This Contract shall be governed by and construed under the laws of the State of Nebraska. NOTICES 30. All notices as may be required by this Contract shall be sent to the respective parties at the addresses set forth herein. The place of notice may be modified by appropriate registered or certified mailing to the parties. AUTHORIZATION 31. Seller hereby warrants that the individual executing this Business Assets Purchase Agreement has full power and effect to bind the Seller to the terms and conditions stated herein and that the Seller has full title,power and authority to convey the same.Purchaser hereby warrants that the individual executing this Asset Purchase Agreement has full power and effect to bind the Purchaser to the terms and conditions stated herein. Once signed,this agreement shall be considered the true,final and binding contract between the Purchaser and the Seller and all previous agreements and contracts shall be considered null and void. ABOVE CONDITIONS ARE HEREBY APPROVED AND ACCEPTED: PURCH Rta 0' c DATE:")? ADDRESS:4108 Dodge Street CITY/STATE/ZIP: Omaha,NE 68131 USA TONJES PHONE: -402-551-0302 General Notary General of Nebraska my common�s.�azaio PURCHASER: ' 5c sk'` ' ACCEPTANCE 4-17rt r Page 7 of 8 iation of the Premises that are ordered by the Nebraska Department of Environmental Quality resulting from Seller's operations of the Premises prior to the term of this Sale. Buyers shall permit Seller or its agents or representatives,or any governmental authorities designated by Seller(collectively the "Designees")to come onto the Premises upon twenty-four(24)hours notice(unless shorter for an emergency)to take any action ordered by the NDEQ to assess and remediate environmental concerns or problems,if any, caused by Seller. Seller agrees to take all reasonable measures to avoid disruption of Buyer's business operations while undertaking such assessment or remediation and compensate Buyer for any loss as a result from the disruption of operations. BINDING EFFECT 26.This Contract shall bind and inure to the benefit of the successors,assigns,personal representatives,heirs and legatees of the parties hereto and upon execution by all parties,this Contract shall be absolutely binding and fully enforceable. SEVERABILITY Page 6 of 8 • The Seller accepts the foregoing proposition on the terms stated and agrees to convey title to the Property,deliver possession.,and perform all the terms and conditions set forth. SELLER DATE 9.//2/06- SELLER /c.�. 1'U c, DATE ,l/21 ADDRESS /0 9 5O CITY/STATE/ZIP 0/P/9//1 A/F G g/22 PHONE (t/a.) 339--US ° SS#or Fed ID# 92 083 /5 3 SS#or Fed 1D# Seller acknowledges receipt of an executed copy of this Agreement on this /a day of pt ,2Q0 ' SELLER f 1 1 - 70.,,,(v4„) 2-411(;-g GENERAL NBTA� S.t atiofN MAyRmm.ExpJL 2008 Page 8 of 8 a PLANNING DEPARTMENT REPORT , DATE: NOVEMBER 18,2009 DUE DATE: DECEMBER 3,2009 09 OEC —3 Ai. IC: 2 CITY COUNCIL HRG DECEMBER 15,20093 ! Y 4t , LOCATION: 10780 "Q" STREET 0 MA t4 A -..� `'k LEGAL DESCRIPTION: ADDITION OF AN AREA APPROX. 17' X 26' TO THE NORTH APPLICANT: TFL,INC., DBA"TOBACCO 4 LESS" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT PACKAGE LIQUOR LICENSE LOCATION AND TO CHANGE THE TRADE NAME TO TOBACCO & PHONES 4 LESS NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: CONVENIENT STORE THIS REQUEST DOES O DOES NOT(X) PERTAIN TO AN OUTSIDE AREA IF OUTSIDE: OUTSIDE AREA IS IQ. /A 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: /s ORDINANCE NO. (Only if within last 24 months) EXISTING ZONING: C 1. EXITING LAND USE: CO tJ V E r11 EyJC E STY) R E. ADJACElg LAND ND ZONING: NORTH: i� $a rJAVEA!r peDv piEr.)T -j.ECvtc55 - C -tMangyiT'y CDMr EKCl PL - C C SOUTH: (EST'AUleAe1T(FA5TF"DeD)- (.0Nt urvtTY C0NI Ci2c. AL — C EAST: gA✓EL A6C NC '4 — C o es" nM u N iT y CDP-1.64 c_lAL CG WEST: SHPPPiKrG CEvJTE2 - CoM+'4uNtT/ CD ti14EicG1�+ i_ " C PARKING STALLS PROVIDED: g`u S i 1 nl& L .G c TO S E EXISTING USE DOES(kJ DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S I S T 0 0 L MEN'S I S T. o ©L. DATE SUBJECT PROPERTY WAS POSTED: ( 2- ` 3 — © `t (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: G K- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: SEAM 0'CA SE'Y.5 lc!7 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH O ll SCHOOL 0 K HOSPITAL 0 K HOME FOR THE AGED,INDIGENT OR VETERANS D 1C COLLEGE OR UNIVERSITY 0 K r1/0 . \Ki. ;. 20)9 (Authorized Signature) (Date) that are ordered by the Nebraska Department of Environmental Quality resulting from Seller's operations of the Premises prior to the term of this Sale. Buyers shall permit Seller or its agents or representatives,or any governmental authorities designated by Seller(collectively the "Designees")to come onto the Premises upon twenty-four(24)hours notice(unless shorter for an emergency)to take any action ordered by the NDEQ to assess and remediate environmental concerns or problems,if any, caused by Seller. Seller agrees to take all reasonable measures to avoid disruption of Buyer's business operations while undertaking such assessment or remediation and compensate Buyer for any loss as a result from the disruption of operations. BINDING EFFECT 26.This Contract shall bind and inure to the benefit of the successors,assigns,personal representatives,heirs and legatees of the parties hereto and upon execution by all parties,this Contract shall be absolutely binding and fully enforceable. SEVERABILITY Page 6 of 8 )Cf4) -z cz on on the terms stated and agrees to convey title to the Property,deliver possession.,and perform all the terms and conditions set forth. SELLER DATE 9.//2/06- SELLER /c.�. 1'U c, DATE ,l/21 ADDRESS /0 9 5O CITY/STATE/ZIP 0/P/9//1 A/F G g/22 PHONE (t/a.) 339--US ° SS#or Fed ID# 92 083 /5 3 SS#or Fed 1D# Seller acknowledges receipt of an executed copy of this Agreement on this /a day of pt ,2Q0 ' SELLER f 1 1 - 70.,,,(v4„) 2-411(;-g GENERAL NBTA� S.t atiofN MAyRmm.ExpJL 2008 Page 8 of 8 ,. RECEiV D --- ....... _ , . . „.... NO V 9 2009 I , -.ff..... / NRASKA LIQU R . / CONTROL COMMIS I . 4 I ; -- - - . N ( I i 1 I I I I ' I I I ... . --I I I • I I .....tz til I I I tr I 1 I 1 I I., I I z--, C I ....) • I ' ti I Z1 I I I I _.._.) I I I 1 I I 1 I fI L I , . . I I I -... ; 1 ‘‘ . ___ ° ....i -------77-6----::11 \ , .. -- \ s, ....._ _ _ • .....t._ \ rJAVEA!r peDv piEr.)T -j.ECvtc55 - C -tMangyiT'y CDMr EKCl PL - C C SOUTH: (EST'AUleAe1T(FA5TF"DeD)- (.0Nt urvtTY C0NI Ci2c. AL — C EAST: gA✓EL A6C NC '4 — C o es" nM u N iT y CDP-1.64 c_lAL CG WEST: SHPPPiKrG CEvJTE2 - CoM+'4uNtT/ CD ti14EicG1�+ i_ " C PARKING STALLS PROVIDED: g`u S i 1 nl& L .G c TO S E EXISTING USE DOES(kJ DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S I S T 0 0 L MEN'S I S T. o ©L. DATE SUBJECT PROPERTY WAS POSTED: ( 2- ` 3 — © `t (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: G K- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: SEAM 0'CA SE'Y.5 lc!7 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH O ll SCHOOL 0 K HOSPITAL 0 K HOME FOR THE AGED,INDIGENT OR VETERANS D 1C COLLEGE OR UNIVERSITY 0 K r1/0 . \Ki. ;. 20)9 (Authorized Signature) (Date) that are ordered by the Nebraska Department of Environmental Quality resulting from Seller's operations of the Premises prior to the term of this Sale. Buyers shall permit Seller or its agents or representatives,or any governmental authorities designated by Seller(collectively the "Designees")to come onto the Premises upon twenty-four(24)hours notice(unless shorter for an emergency)to take any action ordered by the NDEQ to assess and remediate environmental concerns or problems,if any, caused by Seller. Seller agrees to take all reasonable measures to avoid disruption of Buyer's business operations while undertaking such assessment or remediation and compensate Buyer for any loss as a result from the disruption of operations. BINDING EFFECT 26.This Contract shall bind and inure to the benefit of the successors,assigns,personal representatives,heirs and legatees of the parties hereto and upon execution by all parties,this Contract shall be absolutely binding and fully enforceable. SEVERABILITY Page 6 of 8 �MAHA NF City cf Omaha Webraskamirdo) ks= 1819 Farnam —Suite LC 1 2 f e-t1 Omaha, Nebraska 68183-0112 0� Buster Brown (402) 444-5550 .o ti City Clerk FAX (402) 444-5263 o�'4'D FEBR�t.i� December 2, 2009 TFL, Inc. Application for additions to your present Package Dba"Tobacco 4 Less" Liquor License location for an area approx. 17' 10780 "Q" Street x 26' to the north and to change the trade name to Omaha, NE 68127 "Tobacco & Phones 4 Less" 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 December 15, 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. Sincerely yours, Buster Brown City Clerk BJB:clj 'CA SE'Y.5 lc!7 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH O ll SCHOOL 0 K HOSPITAL 0 K HOME FOR THE AGED,INDIGENT OR VETERANS D 1C COLLEGE OR UNIVERSITY 0 K r1/0 . \Ki. ;. 20)9 (Authorized Signature) (Date) that are ordered by the Nebraska Department of Environmental Quality resulting from Seller's operations of the Premises prior to the term of this Sale. Buyers shall permit Seller or its agents or representatives,or any governmental authorities designated by Seller(collectively the "Designees")to come onto the Premises upon twenty-four(24)hours notice(unless shorter for an emergency)to take any action ordered by the NDEQ to assess and remediate environmental concerns or problems,if any, caused by Seller. Seller agrees to take all reasonable measures to avoid disruption of Buyer's business operations while undertaking such assessment or remediation and compensate Buyer for any loss as a result from the disruption of operations. BINDING EFFECT 26.This Contract shall bind and inure to the benefit of the successors,assigns,personal representatives,heirs and legatees of the parties hereto and upon execution by all parties,this Contract shall be absolutely binding and fully enforceable. SEVERABILITY Page 6 of 8 otAkHA, A,F LA � err e� , City ofOmaha, fAfebraskg ` / 7: �crallre)°,kra1819 Farnam —Suite LC 1 i f1!C��. -'t Omaha, Nebraska 68183-0112 0w:w :;.. Buster Brown (402) 444-5550. .o ^' City Clerk FAX (402) 444-5263 OR'TtD FEBRvr4� December 2, 2009 TFL, Inc. Application for an addition to your present Package Dba"Tobacco 4 Less" Liquor License location at 10780 "Q" Street for an 202 South 73`d Street area approx. 17' x 26' to the north and to change the Omaha,NE 68114 trade name to "Tobacco & Phones 4 Less" 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 December 15, 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. Sincerely yours, di%uster Brown City Clerk BJB:clj , passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj 'CA SE'Y.5 lc!7 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH O ll SCHOOL 0 K HOSPITAL 0 K HOME FOR THE AGED,INDIGENT OR VETERANS D 1C COLLEGE OR UNIVERSITY 0 K r1/0 . \Ki. ;. 20)9 (Authorized Signature) (Date) that are ordered by the Nebraska Department of Environmental Quality resulting from Seller's operations of the Premises prior to the term of this Sale. Buyers shall permit Seller or its agents or representatives,or any governmental authorities designated by Seller(collectively the "Designees")to come onto the Premises upon twenty-four(24)hours notice(unless shorter for an emergency)to take any action ordered by the NDEQ to assess and remediate environmental concerns or problems,if any, caused by Seller. Seller agrees to take all reasonable measures to avoid disruption of Buyer's business operations while undertaking such assessment or remediation and compensate Buyer for any loss as a result from the disruption of operations. BINDING EFFECT 26.This Contract shall bind and inure to the benefit of the successors,assigns,personal representatives,heirs and legatees of the parties hereto and upon execution by all parties,this Contract shall be absolutely binding and fully enforceable. SEVERABILITY Page 6 of 8 / ./() Ma (le) /2" NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that TFL, INC. DBA "TOBACCO 4 LESS" has applied for an ADDITION TO THEIR PRESENT PACKAGE LIQUOR LICENSE LOCATION [On and Off Sale beer, wine and liquor] TO ADD AN AREA APPROX 17' X 26' TO THE NORTH AND TO CHANGE THE TRADE NAME TO "TOBACCO & PHONES 4 LESS" located at 10780 "Q" STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, DECEMBER 15, 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 Farnam 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. es, 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. Sincerely yours, di%uster Brown City Clerk BJB:clj , passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj 'CA SE'Y.5 lc!7 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH O ll SCHOOL 0 K HOSPITAL 0 K HOME FOR THE AGED,INDIGENT OR VETERANS D 1C COLLEGE OR UNIVERSITY 0 K r1/0 . \Ki. ;. 20)9 (Authorized Signature) (Date) that are ordered by the Nebraska Department of Environmental Quality resulting from Seller's operations of the Premises prior to the term of this Sale. Buyers shall permit Seller or its agents or representatives,or any governmental authorities designated by Seller(collectively the "Designees")to come onto the Premises upon twenty-four(24)hours notice(unless shorter for an emergency)to take any action ordered by the NDEQ to assess and remediate environmental concerns or problems,if any, caused by Seller. Seller agrees to take all reasonable measures to avoid disruption of Buyer's business operations while undertaking such assessment or remediation and compensate Buyer for any loss as a result from the disruption of operations. BINDING EFFECT 26.This Contract shall bind and inure to the benefit of the successors,assigns,personal representatives,heirs and legatees of the parties hereto and upon execution by all parties,this Contract shall be absolutely binding and fully enforceable. SEVERABILITY Page 6 of 8 • • r0 o r* v, H �co � n -ram t � r" crq CD cp i N cD � rl CD CI, O d O CD '1;1 CD C- N O �flIi. V i 7 5- \\ N _ N � O lb W O " 1-1 CD CZ) • O (D CAD NCD , O R° O CD Q., p 4, O '"ho � O 00 O 1 1 - 70.,,,(v4„) 2-411(;-g GENERAL NBTA� S.t atiofN MAyRmm.ExpJL 2008 Page 8 of 8