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RES 2009-0884 - Appoint Richard A kunkel manager of California Pizza Kitchen • _,, RECEIVED t y:� ;470.M 4 09 Mil 21 1114 8• (42 STATE OF NEBRASKA wwJ: � ,� NEBRASKA LIQUOR CONTROL COMMISSION • IA**_ � Dave Heineman 4 .' Hobert B. Ru e i+ �; i r.•r Governor P 4i,� 'R.•; u._8�� CITY CLERK Executive Director OMAHA, N E t3 R Q S K A 301 Centennial Mall South,5th Floor P.O.Box 95046 Lincoln,Nebraska 68509-5046 Phone(402)471-2571 July 20, 2009 Fax(402) 2 814 TRS USER 800 833-7352(TCY) web address: http://www.lcc.ne.gov/ OMAHA CITY CLERK 1819 FARNAM FC-1 OMAHA NE 68183 RE: CALIFORNIA PIZZA KITCHEN, INC • LICENSE #I 71394 • Dear Clerk: Enclosed is a copy of a manager application for Richard A Kunkel in connection with California Pizza Kitchen, located at 10317 Pacific Street in Omaha, NE 68114. Please present this application for manager to your City/Village Council or County Commissioners and send us the results of their action. Sincerely, • 6. Lyn ',make Licensing Division NEBRASKA LIQUOR CONTROL COMMISSION • encl. cc: file Rhonda R.Flower _ Bob Logsdon Robert Batt Commissioner •' Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper ribing 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. Sincerel yours, Buster Brown City Clerk BJB:clj COME FOR THE AGED,INDIGENT OR VETERANS b LEGS OR UNIVERSITY v I -7• 24c9 (Authorized Signature) (Date) tore revenues for retail wine for off-premises consumption exceeds 35%of their gross yearly sales. This exclusive shall be null and void if Tenants use of the Leased Premises is different than as set forth in Article 1 of this Lease. 42.OUTDOOR SEATING Tenant may operate an outdoor seating area in a mutually agreed area outside its Leased Premises,upon the following terms and conditions:1)The improvements Tenant may construct thereon and the furniture used in connection therewith shall all be removable in nature and be in accordance with plans and specifications approved by Landlord. No additional lighting or signage will be allowed;2)No additional rental shall be due to Landlord for this outdoor seating area; 3) Tenant shall be solely responsible for the construction, installation, repair and - maintenance of the improvements,furnishings and plantings, if any. The outdoor seating area shall be kept neat and clean at all times,the tables shall be swept daily and washed periodically -18- INITIALS LA RD T NT ds Landlord harmless regarding same, including without limitation remediation costs and consultant and attorney's fees. This indemnification shall survive the termination of this Lease. -15- INITIALS LA.•P RD • fy the Landlord against any loss,liability or damage resulting from any construction work performed by the Tenant and will not permit any mechanic's liens to attach to or affect the Leased Premises. 14- • INITIALS 7j�RD TT e during the Negotiation Period. -13- i•F3D TENANT nction with or derived from Tenant's -12- INITIALS -f t •(3 rif•FD TE ANT ives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES,Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at Ames Partnership,9230 Mormon Bridge Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate ' n • i • MANAGER APPLICATION Office Use INSERT-FORM 3c • • RECEIVED NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL.MALL SOUTH PO BOX 95046 LINCOLN,NE 68509-5046 JUL - 12009 PHONE:(402)471-2571 FAX:(402)471-2814 Websitc:www.]ee.ne.gov NEBRASKA LIQUOR I'I CONTROL COMMISSION Corporate manager,including spouse,are required to adhere to the following req em If spouse filed affidavit of non-participation fingerprints and proof of citizenship n rued. RECEIVED 1) Must be a citizen of the United States • 2) Must be a Nebraska resident(Chapter 2—006) 3) Must provide a copy of birth certificate,naturalization paper or U5 passport 1, J U L 1 7 2009 4) Must submit fingerprints(2 cards per person) 5) Must be 21 years of age or older NEBRASKA LIQUOR 6) Applicant may be required to take a training course 11 CONTROL COMMISSION • • Name of Corporation/LLC: j rh j�( 1-no. II: Premise License Number: '1 1914 Cal (�(if new application leave blank) jl Premise Trade Name/DBA: Col t-6—n i( , 177& K heir`! Premise Street Address: brie,?dc i-ker-Plate ) i tlbri C.1 t C a+YCZt • City: brnaha, Zip Code: LPR I I4 Premise Phone Number: (4i)2) "04'0—0110 • T„Nr.„ Raltrn 1j �1 IC�tau-d ?strl tiel 1 up, (',0-rryslatt-,(',u_c C RPORATE OFFICER SIGNATURE 11111111111111111111 axed Si a' .tares are acce s tab fe 't i c 3r Form 3c 0900013379 7 days in advance of the public hearing. Sincerel yours, Buster Brown City Clerk BJB:clj COME FOR THE AGED,INDIGENT OR VETERANS b LEGS OR UNIVERSITY v I -7• 24c9 (Authorized Signature) (Date) tore revenues for retail wine for off-premises consumption exceeds 35%of their gross yearly sales. This exclusive shall be null and void if Tenants use of the Leased Premises is different than as set forth in Article 1 of this Lease. 42.OUTDOOR SEATING Tenant may operate an outdoor seating area in a mutually agreed area outside its Leased Premises,upon the following terms and conditions:1)The improvements Tenant may construct thereon and the furniture used in connection therewith shall all be removable in nature and be in accordance with plans and specifications approved by Landlord. No additional lighting or signage will be allowed;2)No additional rental shall be due to Landlord for this outdoor seating area; 3) Tenant shall be solely responsible for the construction, installation, repair and - maintenance of the improvements,furnishings and plantings, if any. The outdoor seating area shall be kept neat and clean at all times,the tables shall be swept daily and washed periodically -18- INITIALS LA RD T NT ds Landlord harmless regarding same, including without limitation remediation costs and consultant and attorney's fees. This indemnification shall survive the termination of this Lease. -15- INITIALS LA.•P RD • fy the Landlord against any loss,liability or damage resulting from any construction work performed by the Tenant and will not permit any mechanic's liens to attach to or affect the Leased Premises. 14- • INITIALS 7j�RD TT e during the Negotiation Period. -13- i•F3D TENANT nction with or derived from Tenant's -12- INITIALS -f t •(3 rif•FD TE ANT ives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES,Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at Ames Partnership,9230 Mormon Bridge Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate , , i lender: ►yMALE • FEMALE ast Name: ran /< t ( t i. First Name: 1 p C k4 N i MI: A. tome Address(include PO Box if applicable): & 2 y 4(/e. 111 :ity: h/}.1-},S CK v..)1—e, State: 'i • Zip Code:• 16 g b K Q' tome Phone Number: L/0 2. ?3 0 3 Co 2 y Business Phone I..umber: (O 2 - 3 N3 O "')7 0 ocial Security Number: . - I Drivers License umber&State: _ - " 1V ►ate Of Birth: _ , Place Of Birth: :';o v X t:w//S S D igiYES ❑NO i . JUL.. 172009 ii • ... . �N,;r `; ;;�,:s;, N E ASKA LIQUOR • pouses Last Name: k'v A /(e( Nam:: MI: L ocial Security Number: - _Drivers License umber&State: _ . .___ _ __ Place Of Birth: I tip P d C. 3 t gate Of Birth: 1 y s , 7:-7-147-1 112:,.,..v.,---- _ .• - 1 �t.t g`?, •t.'..'e:; L.._•---- ..._.. . .. .i CITY&STATE YEAR C &STATE YEAR FROM TO 1 FROM TO 305 IVLq.!-r44, Mug Ar/1/, l99 ) 2oe6 lb 2,1 Av1t.0 P -nrito.,f4/.! tool 07"..x..4.1- . RI fur"n�}_.?;.: YEAR NAME OF EMPLOYER • NAME O'i SUPERVISOR TELEPHONE NUMBER FROM TO A.,...xi_ KlP S 'i/6m.CA y„A 3.33 15-s3 _&9" �cfa C• .tR.eth,"4 .t ZZA Kloc k • - Oov l,/a AAA 3/0. 2,G 1 - oc;LI rrm3c.._ __ .___�Page 241 • i!! 11111111111111111111 axed Si a' .tares are acce s tab fe 't i c 3r Form 3c 0900013379 7 days in advance of the public hearing. Sincerel yours, Buster Brown City Clerk BJB:clj COME FOR THE AGED,INDIGENT OR VETERANS b LEGS OR UNIVERSITY v I -7• 24c9 (Authorized Signature) (Date) tore revenues for retail wine for off-premises consumption exceeds 35%of their gross yearly sales. This exclusive shall be null and void if Tenants use of the Leased Premises is different than as set forth in Article 1 of this Lease. 42.OUTDOOR SEATING Tenant may operate an outdoor seating area in a mutually agreed area outside its Leased Premises,upon the following terms and conditions:1)The improvements Tenant may construct thereon and the furniture used in connection therewith shall all be removable in nature and be in accordance with plans and specifications approved by Landlord. No additional lighting or signage will be allowed;2)No additional rental shall be due to Landlord for this outdoor seating area; 3) Tenant shall be solely responsible for the construction, installation, repair and - maintenance of the improvements,furnishings and plantings, if any. The outdoor seating area shall be kept neat and clean at all times,the tables shall be swept daily and washed periodically -18- INITIALS LA RD T NT ds Landlord harmless regarding same, including without limitation remediation costs and consultant and attorney's fees. This indemnification shall survive the termination of this Lease. -15- INITIALS LA.•P RD • fy the Landlord against any loss,liability or damage resulting from any construction work performed by the Tenant and will not permit any mechanic's liens to attach to or affect the Leased Premises. 14- • INITIALS 7j�RD TT e during the Negotiation Period. -13- i•F3D TENANT nction with or derived from Tenant's -12- INITIALS -f t •(3 rif•FD TE ANT ives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES,Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at Ames Partnership,9230 Mormon Bridge Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate • READ PARAGRAPH CAREFULLY AND ANSWER COMPLETELY AND ACCURATELY. Has anyone who is a party to this application,or their spouse,EVER been convicted of or plead guilty to any charge. Charge means any charge alleging a felony,misdeniianor,violation of a federal or state law; a violation of a local law, ordinance or resolution. List the nature of the charge,where the charge occurred and the year and month of the conviction or plea. Also lisi any charges pen• � this application. If more than one»arty,please list chars s by e h indiv final's ttaiviED DYES 6NO If yes,please explain below or attach a separate;,age, J U l 1 7 2009 ' !,M xi rE Ntlski3KA LIOUvrr CONTROL COMMISSION !• i • �1. Have you or your spouse ever been approved or made application for a liquor license in Nebraska or any other state? IF YES,list the name of the premise. EYES NO ' Do you,as a manager,have all the qualifications required to hold a Nebraska Liquor License? Nebraska Liquor Control Act(§53-131.01) OYES ENO • Have you filed the required fingerprint cards and PROPER FEES with this application?(The check or money . order must be made out to the Nebraska State Patrol for$38.00 pe 'persons) ®YES ONO ' Do you have any experience in selling alcohol in the State of Nebrasl If so list training and/or experience(when and where) )ate: Where: A rn 'A '.S .ee c, g. I h ktc Jays C R 0.xc< ry Pm �- ytr .'6 403 ApAi.4.b .4.,,_s Li ni P;o441ter cs-µA/thi, n,,g a 3 td - CS pant S -,' t S1-0..gk 4 ust � S4�s�h O#.,dha Na • In 3c Page g3 lerk BJB:clj COME FOR THE AGED,INDIGENT OR VETERANS b LEGS OR UNIVERSITY v I -7• 24c9 (Authorized Signature) (Date) tore revenues for retail wine for off-premises consumption exceeds 35%of their gross yearly sales. This exclusive shall be null and void if Tenants use of the Leased Premises is different than as set forth in Article 1 of this Lease. 42.OUTDOOR SEATING Tenant may operate an outdoor seating area in a mutually agreed area outside its Leased Premises,upon the following terms and conditions:1)The improvements Tenant may construct thereon and the furniture used in connection therewith shall all be removable in nature and be in accordance with plans and specifications approved by Landlord. No additional lighting or signage will be allowed;2)No additional rental shall be due to Landlord for this outdoor seating area; 3) Tenant shall be solely responsible for the construction, installation, repair and - maintenance of the improvements,furnishings and plantings, if any. The outdoor seating area shall be kept neat and clean at all times,the tables shall be swept daily and washed periodically -18- INITIALS LA RD T NT ds Landlord harmless regarding same, including without limitation remediation costs and consultant and attorney's fees. This indemnification shall survive the termination of this Lease. -15- INITIALS LA.•P RD • fy the Landlord against any loss,liability or damage resulting from any construction work performed by the Tenant and will not permit any mechanic's liens to attach to or affect the Leased Premises. 14- • INITIALS 7j�RD TT e during the Negotiation Period. -13- i•F3D TENANT nction with or derived from Tenant's -12- INITIALS -f t •(3 rif•FD TE ANT ives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES,Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at Ames Partnership,9230 Mormon Bridge Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate . - RECEIVED ..._. . . ' •. JUL - 12009 CONTROL COMMISSION The above individual(s),being first duly sworn upon oath,deposes and states t the undersigned is the applicant and/or spc . of applicant who makes the above and foregoing application that said application has been read and that the contents thereof all statements contained therein are true. If any false statement is made in an part of this application,the applicant(s)shal • deemed guilty of perjury and subject to penalties provided by law. (Sec§53-13i1.01)Nebraska Liquor Control Act. The undersigned applicant hereby consents to an investigation of his/her batt1cground including all records of every kind ' . description including police records, tax records(State and Federal),and bank`or lending institution records,and said applic and spouse waive any rights or causes of action that said applicant or spous: may have against the Nebraska Liquor Con Commission and any other individual disclosing or releasing said information tb the Nebraska Liquor Control Commission. The undersigned understand and acknowledge that any license issued,based on the information submitted in this application ' subject to cancellation if the information contained herein is incomplete,inaceulrate,or fraudulent. • 14444"....p g - etah, • cam . 1 Signature of Manager Applicant Signature of Spouse State of Nebraska • • • County of (�asS - County of Caa .5 The.foregoin instrument was acknowledged before The forego' instrument was acknowledged before me this v- -,2 7 obi 2 by . - me this t0“...'27 '2c 7 by • . 1 • , Notary Public ignature. .Note ' Publics ature • • Affix Seal Her /a 's ILENE KAH ER ,may, ( s , a za„,, MY COON EXPIRES ! k1 '' ILENE KAHLER „„ May 1,2010 r• .. ,*; MY COMMISSION EXPIRES In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabil tes. A ten day advance period is required in writing to produce the alternate format. • Revised 9121 • i. ' • Form 3c• . I : Page 1 thereon and the furniture used in connection therewith shall all be removable in nature and be in accordance with plans and specifications approved by Landlord. No additional lighting or signage will be allowed;2)No additional rental shall be due to Landlord for this outdoor seating area; 3) Tenant shall be solely responsible for the construction, installation, repair and - maintenance of the improvements,furnishings and plantings, if any. The outdoor seating area shall be kept neat and clean at all times,the tables shall be swept daily and washed periodically -18- INITIALS LA RD T NT ds Landlord harmless regarding same, including without limitation remediation costs and consultant and attorney's fees. This indemnification shall survive the termination of this Lease. -15- INITIALS LA.•P RD • fy the Landlord against any loss,liability or damage resulting from any construction work performed by the Tenant and will not permit any mechanic's liens to attach to or affect the Leased Premises. 14- • INITIALS 7j�RD TT e during the Negotiation Period. -13- i•F3D TENANT nction with or derived from Tenant's -12- INITIALS -f t •(3 rif•FD TE ANT ives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES,Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at Ames Partnership,9230 Mormon Bridge Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate • a i , is PARTICIPATION IDAVIT INSERT F Office Use ON 1: RECEIVED i • sIEBRASKA LIQUOR CONTROL COMMISSION j. qq S0I CENTENNIAL MALL SOUTH i. JUL 12009 '0 BOX 95046 :.INCOLN,NE 68509.5046 i 'HONE:(402)471-257! i • FAX:(402)471.2814 I' NEBRASKA LIQUOR Website: www:lFS•ne•6ov :;; CONTROL COMMISSION at ',?}S ti d,- l)•i tr l 1 , t'' 0 a ! h t I ( .:v C40040043440t.1 Ma..;,:ria le, a j ,`.. 1< 6. t �w.,. ,;t 1 !tA.,, r ,r d•. Mi 4 J Ian r t $ur1�4,d 1„, r t.4t,.c� ff rt,, a iXy a•r 1 A S :. 4 't 0q t.1.tFr. 1 iJ 1, tj t'{ •ff J LM��P ',I ,��r n i. i C 1 'S29 t-N' yI' IIF t{ 3 i iF"..i,77ry)l t�. 4 MN9i C ._' , ^`� ; .. N 1 t ; 1`4 L,"f 7 'j;W i, i "' 1J r'qi i. 4'7( ht 'C` 1. .{ei Yf�7actl,'` ,1 ''mti 1eg'��� t y,� ,*° 1 i 1W ,.�; +,t -.1 ` x pit 1t ,•I J<� I� i Y �i-C 'IFl s r. lei l!r 'J y "!e 7*•.. iewr D 4�vt1�.JR Si ! , , h- `i a Ai E Y ri., �,y � y.,w' ':lpyga i i�y . { 7 a! Arr„ ,,1!: 4ry , .1 .., . !. 4. .7 2 a> XLq a ti y ,[[ ♦L' �^rT 9 4 P�1 t F i•�Ol UZ 1 CI � V J. J { � � f 71 i 1 L f � 6(C f, i fin i � iV 1 dr)y,l dy .`.tM { zt ^ °{ `'' '*�yyi',ij�a.°v3Cf r i? 6 .e¢"-<5 , rt, b 'r��F- �.hy�4 a v� i }t S> q:� Q re ,+T��? � � 4i it tA55 9' r1 Y_{', l � is I i4l.F I j.: 5 irla#<`? l,.. F,t & f k �w I+'y•x q oOJ {�w }�:�,ya 3 `,1.. : err §n ri.-�`d•c. � 44.a.,r`-f, tia'*r~ J2?'M ,' tt •�� " ,,,' G .� i �ff•�', ,.. a1113.T'�i,°' •.:,,.. fa `I.,', y ,Pg.;'"3e•.11'4is: , �a '.''°'' ;L„A��' .1.{ 4'''';;i"- • 'r i ',.'k''v'''.1:'.. •'''''Irn'+Ci'.i' ,.1.VI... g . ..1,"..:: :i' A.. g..,"e4:,,`, NEBRASV L IOI►OR I. SI/VIA' 4,..),O ,,,, y..,,,,„ k Lim i4:P. .1 CONTROL INTRO COMM Signature of spouse asking for waiver Printed name of spouse asking for waiver (Spouse of individual listed below) 'i . li "� '' State of Ne ,`4$A4_ i County of 1.� The foregoing i :trument was acknowledged before me this --:! t.cn.e.. c 2, co6/2 by date •..•K Aj. name o ILCNE KAHLER• ` i 1 MY COMMISSION EXPIRES Affix Seal ._ f Notary Public Ignature ,,�q ;,,.� May 1,2040 . iI, . .. v:•V• .......,. ^'I.' '4 ..i'}. • - _ 7'a '''�'Jti{t'N• :.y y.,.. I!'K ce.. .44 !YNF ' ;* RIP."<' @ .9 {,t J,� ^, !c,il S, 1 f r•r •isia6 5 �. r° q 9' l4 , . 007.01 3 ti' * �,. ,t? §��v��c t ,,(" AI'j r � ;n. I 1 )Gell-44, Cf. 4 41( # A, Lc.v.k:I L Signature of individual involved with application Printed n.I •e of applying individual . (Spouse of individual listed above) :i State of jtio‘t-rr_S 1t_ - • County of ea-5.5 The foregoing i Strument was acknowledged before me this. .. it t+•e- i „it"a 7 by / date r Affix Seal . ii ICEt�E K]�HLER _I 1.1 l MY COMMISSION EXPIRES Notary Public sign ture *�s, May 1,2010 , • In compliance with the ADA,this spousal affidavit of non participation is available in other formats for• s with disabilities. A ten day advance period is requested in writing to produce the alternate format. • FORM 35-4178 ' • Revised 1/2008 • ,1 I; • it _ Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate o�pwA, A,4 City ofOmaha fKebras&a 1819 Farnam — Suite LC 1 grA40 �� _ Omaha, Nebraska 68183-0112 o r' Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 o449TPD FEg�9R��� July 28, 2009 California Pizza Kitchen, Inc. Application to appoint Richard A Kunkel. Dba"California Pizza Kitchen" manager of your present Class "I" Liquor 10317 Pacific Street License Omaha,NE 68114 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application to appoint a manager to the liquor license has been set for August 11, 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, 4(‘."419/"./e>. Buster Brown City Clerk BJB:clj Arr„ ,,1!: 4ry , .1 .., . !. 4. .7 2 a> XLq a ti y ,[[ ♦L' �^rT 9 4 P�1 t F i•�Ol UZ 1 CI � V J. J { � � f 71 i 1 L f � 6(C f, i fin i � iV 1 dr)y,l dy .`.tM { zt ^ °{ `'' '*�yyi',ij�a.°v3Cf r i? 6 .e¢"-<5 , rt, b 'r��F- �.hy�4 a v� i }t S> q:� Q re ,+T��? � � 4i it tA55 9' r1 Y_{', l � is I i4l.F I j.: 5 irla#<`? l,.. F,t & f k �w I+'y•x q oOJ {�w }�:�,ya 3 `,1.. : err §n ri.-�`d•c. � 44.a.,r`-f, tia'*r~ J2?'M ,' tt •�� " ,,,' G .� i �ff•�', ,.. a1113.T'�i,°' •.:,,.. fa `I.,', y ,Pg.;'"3e•.11'4is: , �a '.''°'' ;L„A��' .1.{ 4'''';;i"- • 'r i ',.'k''v'''.1:'.. •'''''Irn'+Ci'.i' ,.1.VI... g . ..1,"..:: :i' A.. g..,"e4:,,`, NEBRASV L IOI►OR I. SI/VIA' 4,..),O ,,,, y..,,,,„ k Lim i4:P. .1 CONTROL INTRO COMM Signature of spouse asking for waiver Printed name of spouse asking for waiver (Spouse of individual listed below) 'i . li "� '' State of Ne ,`4$A4_ i County of 1.� The foregoing i :trument was acknowledged before me this --:! t.cn.e.. c 2, co6/2 by date •..•K Aj. name o ILCNE KAHLER• ` i 1 MY COMMISSION EXPIRES Affix Seal ._ f Notary Public Ignature ,,�q ;,,.� May 1,2040 . iI, . .. v:•V• .......,. ^'I.' '4 ..i'}. • - _ 7'a '''�'Jti{t'N• :.y y.,.. I!'K ce.. .44 !YNF ' ;* RIP."<' @ .9 {,t J,� ^, !c,il S, 1 f r•r •isia6 5 �. r° q 9' l4 , . 007.01 3 ti' * �,. ,t? §��v��c t ,,(" AI'j r � ;n. I 1 )Gell-44, Cf. 4 41( # A, Lc.v.k:I L Signature of individual involved with application Printed n.I •e of applying individual . (Spouse of individual listed above) :i State of jtio‘t-rr_S 1t_ - • County of ea-5.5 The foregoing i Strument was acknowledged before me this. .. it t+•e- i „it"a 7 by / date r Affix Seal . ii ICEt�E K]�HLER _I 1.1 l MY COMMISSION EXPIRES Notary Public sign ture *�s, May 1,2010 , • In compliance with the ADA,this spousal affidavit of non participation is available in other formats for• s with disabilities. A ten day advance period is requested in writing to produce the alternate format. • FORM 35-4178 ' • Revised 1/2008 • ,1 I; • it _ Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate pF� ^t � / �� city ® Omaha . .ze bras a ,-k �': -1,%:, 1819 Farnam — Suite LC 1 01-114 1 Omaha, Nebraska 68183-0112 0 s � co Buster Brown (402) 444-5550 „p� City Clerk FAX (402) 444-5263 o�9TFp FE131k‘ �� July 28, 2009 Richard A. Kunkel Application to be appointed manager of the present 624 Avenue D Class"I" Liquor License for California Pizza Kitchen, Plattsmouth,NE 68048 Inc., dba"California Pizza Kitchen", 10317 Pacific Street Dear Liquor License Manager Applicant: This letter is notification that a hearing before the Omaha City Council on your application to be appointed manager of the liquor license has been set for August 11, 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, "debe Buster Brown City Clerk BJB:clj �^rT 9 4 P�1 t F i•�Ol UZ 1 CI � V J. J { � � f 71 i 1 L f � 6(C f, i fin i � iV 1 dr)y,l dy .`.tM { zt ^ °{ `'' '*�yyi',ij�a.°v3Cf r i? 6 .e¢"-<5 , rt, b 'r��F- �.hy�4 a v� i }t S> q:� Q re ,+T��? � � 4i it tA55 9' r1 Y_{', l � is I i4l.F I j.: 5 irla#<`? l,.. F,t & f k �w I+'y•x q oOJ {�w }�:�,ya 3 `,1.. : err §n ri.-�`d•c. � 44.a.,r`-f, tia'*r~ J2?'M ,' tt •�� " ,,,' G .� i �ff•�', ,.. a1113.T'�i,°' •.:,,.. fa `I.,', y ,Pg.;'"3e•.11'4is: , �a '.''°'' ;L„A��' .1.{ 4'''';;i"- • 'r i ',.'k''v'''.1:'.. •'''''Irn'+Ci'.i' ,.1.VI... g . ..1,"..:: :i' A.. g..,"e4:,,`, NEBRASV L IOI►OR I. SI/VIA' 4,..),O ,,,, y..,,,,„ k Lim i4:P. .1 CONTROL INTRO COMM Signature of spouse asking for waiver Printed name of spouse asking for waiver (Spouse of individual listed below) 'i . li "� '' State of Ne ,`4$A4_ i County of 1.� The foregoing i :trument was acknowledged before me this --:! t.cn.e.. c 2, co6/2 by date •..•K Aj. name o ILCNE KAHLER• ` i 1 MY COMMISSION EXPIRES Affix Seal ._ f Notary Public Ignature ,,�q ;,,.� May 1,2040 . iI, . .. v:•V• .......,. ^'I.' '4 ..i'}. • - _ 7'a '''�'Jti{t'N• :.y y.,.. I!'K ce.. .44 !YNF ' ;* RIP."<' @ .9 {,t J,� ^, !c,il S, 1 f r•r •isia6 5 �. r° q 9' l4 , . 007.01 3 ti' * �,. ,t? §��v��c t ,,(" AI'j r � ;n. I 1 )Gell-44, Cf. 4 41( # A, Lc.v.k:I L Signature of individual involved with application Printed n.I •e of applying individual . (Spouse of individual listed above) :i State of jtio‘t-rr_S 1t_ - • County of ea-5.5 The foregoing i Strument was acknowledged before me this. .. it t+•e- i „it"a 7 by / date r Affix Seal . ii ICEt�E K]�HLER _I 1.1 l MY COMMISSION EXPIRES Notary Public sign ture *�s, May 1,2010 , • In compliance with the ADA,this spousal affidavit of non participation is available in other formats for• s with disabilities. A ten day advance period is requested in writing to produce the alternate format. • FORM 35-4178 ' • Revised 1/2008 • ,1 I; • it _ Road,Omaha NE 68152 and also to Tenant at Mark Tussev.suite 9,10,11.Mormon Bridge Plaza or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United Slates mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES.Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the 'New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder,and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are.substantlaslysiruilar,to.tbe.lsreptiscs. __- —.. _.. ____-._ -. - - - _. 24. MISCELLANEOUS. (1) Binding on Assigns.All terms,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (2) Amendment in Writing.This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (3) Waiver-None.The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements.The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (4) No Surrender.No surrender of the Premises by Tenant shall be affected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (5) Captions.The captions of the various paragraphs in this Lease are for convenience only and do no define,limit,describe,or construe the contents of such paragraphs. (6) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (7) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue in effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers involved in this transaction are: 0 Agent for Landlord Adam Watson and Walt Peffer of P,1 Morean Real Estate rn :5! o H !: I ' N O d cD c) O et• O 1, O co CD CD 04 CD Q r x.5 ,..,) 0• n C) o a r O •1 et ¢. r �� g • 0' cr 5 P O CD CD cp n 0 r' v, 0 1> { .T-4 /, q,/ h I1c •". • f s f% /, z �:, . f9 6 'S 0 c\ N:.