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RES 2009-0624 - Addition of beer garden to Bones p `,. F( F C E I V E 0 STATE OF NEBRASKA ;;,"k/ Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION :is ''j'44`'' ; Governor f Hobert B. Rupe /—' 09 MAY 20 PM 9 i 8 Executive Director "`R _ c8 301 Centennial Mall South,5th Floor May 18, 2009 P.O.Box 95046 CITY CLERK Lincoln,Nebraska 68509-5046 OMAHA, NEBRASKA Phone(402)471-2571 Fax(402)471-2814 OMAHA CITY CLERK TRS USER 800 833-7352(TTY) 1819 FARNAM STREET LC-1 web address:http://www.lcc.ne.gov/ OMAHA NE 68183 DRINKY CROW LLC/ DBA: BONES Liquor License # C-84122 • Dear Clerk The above licensee has requested a/an ADDITION: TO: 1012 S 10" ST OMAHA NE 68108/DOUGLAS COUNTY ADDING: BEER GARDEN APPROX 40' X 12' NEW LICENSE ONE STORY IRREGULAR SHAPED BLDG APPROX 71' X 60' WILL READ: INCLUDING A BASEMENT AND BEER GARDEN APPROX 40' X 12' 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 • Vribi Kristina Radicia Licensing Division 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 LIQUOR LICENSED ESTABLISHMENT HISTORY • LICENSE # C 84122 DRINKY CROW, LLC 1012 SOUTH 10TH STREET 68102 706-7243 DBA BONES NLCC ORDERS OTHER ACTIVITIES 2-24-09 -TRANSFER FROM GOOFY FOOT, INC * RES#143 -GRANT*4-14-09-KENO APP RES#326-ADOPTED *6-16-09-REQ ADD BEER GARDEN APPROX 12'X 40' TO THE EAST LICENSED PREMISES SINGLE STY IRREGULAR SHAPED BLDG APPROX. 71'X 60' INCLUDING BASEMENT • OFFICERS: PRES/MGR-ELISE MCCUNE, 4415 FRANKLIN ST, 68111 (H) 706-7243 ADDITION REQUEST DATE: MayGi, 2009 APPLICANT: DRINKY CROW, LLC, DBA"BONES' LICENSED LOCATION: 1012 SOUTH 10TH STREET PERSON PROVING INFORMATTION ON BEHALF OF THE APPLICANT: REQUESTING: e 0 7C. /4 7 X Yd -71-c7 BY: CARMAN JOHNSON, LIQUOR CLERK • EER GARDEN APPROX 12'X 40' TO THE EAST LICENSED PREMISES SINGLE STY IRREGULAR SHAPED BLDG APPROX. 71'X 60' INCLUDING BASEMENT • OFFICERS: PRES/MGR-ELISE MCCUNE, 4415 FRANKLIN ST, 68111 (H) 706-7243 • APPLICATION FOR ADDITION TO LIQUOR LICENSE Office use NEBRASKA LIQUOR CONTROL COMMISSION REcENED 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN,NE 68509-5046 PHONE:(402)471 2571 MAY 1 8 2009 FAX:(402)471-2814 Website: www.Icc.ne.gov Application: NEBRASKA I InUOR P• Must include processing fee of$45.00 made payable to Nebrask�aNLiquorr� &mission ( • Must include a copy of the lease or deed showing ownership of area to be added \�l • 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# -- • DrtilK C row i_L,C TRADE NAME LICENSEE NAME Y BoS_ PREMISE ADDRESS o a S , ( l 0 �`'-` S re2 CITY ._ t1/4-11..01 . Q CONTACT PERSON £ &CCL -Vl,L-- �-1oz-) 7O(� 1_z`-L. . PHONE NUMBER OF CONTACT PERSON, Co .+1 � _-...........-......... ._ _. . _....; Complete the following questions: 1) Are you adding on to your building? gi Yes .. 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? 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 E 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. _Ce nce_7CQ What type of permanent fencing will you be using? �,_ x_t5���3 f • Include a.sketch of the area to be added showing: o existing building o outside dimensions(in feet) • o direction north E (Se U"\C ( (.l Print Name of Signature Signature of Licensee or Officer State of Nebraska County of . The forgoing instrument was acknowledge before me this • Date . Notary Public Signature . Affix seat Here • 2 it I E----- l2 FA- --)0 it 1 , i 1 \ on G \ Ve_ . -g I s '•`\ ' \ , 2c. P . /) . I } T 3 n T h NOISS11 001Od1NO0 Eon V>SVd83N 600? 8 L AV VI i a3A1.302E1 i II e added showing: o existing building o outside dimensions(in feet) • o direction north E (Se U"\C ( (.l Print Name of Signature Signature of Licensee or Officer State of Nebraska County of . The forgoing instrument was acknowledge before me this • Date . Notary Public Signature . Affix seat Here • 2 CITY OF OMAHA, Nebraska NO. 43899 THIS CERTIFICATE IS NOT TRANSF a f J ED Z lc S e m c(cz l�sZ NAME Z1rse MCC"je—. LOCATION L M M 1 8 2C:9 1012 S 10 STREET 1012 S 10 STREET OMAHA NE 68108 NEBRASKA LIQUOR OMAHA NE 68108 CONTROL COMMISSION is PECTOR# 1002 S 10 ST CANOPY 1 1 20.00 20.00 1002 S 10 ST SUBWAY-AREAWAY WINDOW 1 1 25.45 25.45 1004 S 10 ST SIDEWALK CAFE 1 1 23.65 23.65 1012 S 10 ST STORM ENCLOSURE 1 1 20.00 20.00 TOTAL 89.10 EFFECTIVE DATE , 18-Oct-08 EXPIRATION DATE 1-Sep-09 PLACE IN A CONSPICUOUS PLACE DIVISION BY Y—te 0_e /(k. 6"`c Cc';-`-Q. 1012 S 10 STREET OMAHA NE 68108 re • 2 M•AY-18-2009 01 :40 PM JOE BANANAS 402 346 7227 Pe02 • Commercial Lease This lease is made betty en '31,144* ( AOte..1,PC" .e.ric ed..-.5 of t. s •sr.'! ,1 I 5'Ei herein called Lessor,and Qr,'r)k y lydw f Lf _,of cduftf" ctn fc C,i 60...n.11 ,herein called Lessee.Less ereby offers to lease from Lessor the premises situated in the City of LANs , County of • • State of described as LGt 2. ��� i� _!;':z 4 .�. l r1 •h, tL 4. �+ � j„ tyarh , t� ref -'r4-' ("4.- L+en upon the following TERMS and CONDITIONS: a 1.Term and Rent. Lessor demi premises for a term of •- years,commencing �tty !. 20 U•a ,and terminating on t , 20 1A ,or sooner as provided herein at the annual rental of r Lc. h�l +110t 4 Dollars($= yable In equal installments in advance on the first day --•'? .f of each mon forIat month's rental,during the term o t is lease. rental yments shall e a to Lessor,at the addre specified above. 'Y1?.�ryelAi(Q av�ti 0 -Q 1AMr 2,Use. Lessee shall use and occu y the premises for b ( 'O-' k�c�. 'he premises shall i IA'\ be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose.Lessee shall not use the premises for the purposes of storing,manufacturing or selling any explosives,flammables,or other inherently dangerous substance,chemical,thing,or device. • 3.Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair,unless otherwise indicated herein. Lessee shall,at his own expense and at all times,maintain the premises in good and safe condition, including plate glass,electrical wiring,plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same,at termination hereof,In as good condition as received,normal wear and tear excepted, Lessee shall lap responsible for all repairs required,excepting the roof,exterior walls,structural foundations er e OtV \c Otpr\ r\-t' l�, Lin_i11�r' dtia e 4e Dd e t� N ?i 1.4eu. • c la r.�-v 140 J 1 frig!- • \ • , _ c.°o 1(7 ., .r- Q ( • . i14 t �' {ti �- • a•• ++.* tko PlYt y1 tf c, . 4'VS 00i u 1 rt enk .k$.thfe.., L .f+� Q. 4 ertu to W.(t�r ` 5R-v; pi( l.ciq which shall be maintaine'�by Less Lessee hall also maintain n good condition such portions adjacent to the premises,such as sidewalks,driveways,lawns and shrubbery,which would otherwise be required to be maintained by Lessor. 4,Alterations, Lessee shall not,without first obtaining the written consent of Lessor,make any alterations,additions,or improvements,in,to or about the premises. 5.Ordinances and Statutes. Lessee shall comply with all statutes,ordinances and requirements of all municipal,state and federal authorities now in force,or which may hereafter be in force,pertaining to the premises,occasioned by or affecting the use thereof by Lessee, 6.Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor,which shall not be unreasonably withheld, Any such assignment or subletting without consent shall be void and,at the option of the Lessor,may terminate this lease. 7.Utilities, All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only,and Lessee shall be solely liable for utility charges as they become due,including those for sewer,water,gas, electricity,and telephone services. In the event that any utility or service provided to the premises is not separately metered, Lessor shall pay the amount due and separately invoice Lessee for Lessee's pro rata share of the charges. Tenant shall pay such amounts within fifteen(15)days of Invoice. Lessee acknowledges that the leased premises are designed to provide standard of• fice use electrical facilities and standard office lighting. Lessee shall not use any equipment or devices that utilize excessive elec- trical energy or that may,In Lessor's reasonable opinion,overload the wiring or interfere with electrical services to other tenants. 8. Entry and inspection, Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and upon reasonable notice,for the purpose of inspecting the same,and will permit Lessor at any time within sixty(60)days prior to the expiration of this lease,to place upon the premises any usual "To Let"or"For Lease"signs,and permit persons desiring to www,socrates.c.om Page 1 of 3 da 2004,Socrates Media,LLC LF140-1 0 Rev.04/04 MAY-18-2009 01 :41 PM JOE BANANAS 402 346 7227 P.03 lease the same to inspect the premises thereafter. 9.Parking. During the term of this lease,Lessee shall have the nonexclusive use in common with Lessor,other tenants of the building,their guests and invitees,of the nonreserved common automobile parking areas,driveways,and foot ways,subject to rules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate park- ing areas within the building or in a reasonable proximity thereto,for Lessee and Lessee's agents and employees. Le!f!e ..tl^ ' fees. Separated structured parking,if any,located about the building is reserved for lessees of the building who rent such parking spaces. Lessee hereby t' leases from Lessor—-:spaces in such a structural parking area,such spaces to be on a first-come first-served basis.In consideration of the leasing to Lessee of such spaces,Lessee shall pay a monthly rental �`"' . .. Dollars ($ `)per space throughout the term of the lease. Such rent shall be due and payable each month without demand at the time herein set for the payment of other monthly rentals,in addition to such other rentals. 10.Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof,Lessor shall not be liable for any damage caused thereby,nor shall this lease be void or voidable,but Lessee shallmt be liable for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within: ' dam o4412e commence- ment of the term hereof. , ,. ,"' 11.Indemnification of Lessor. To the extent of the law,Lessor shall not be liable for any damage or injury to Lessee,or any other person,or to any property,occurring on the demised premises or any part thereof.Lessee agrees to Indemnify and hold Lessor harmless from any claims fqr damages which arise in connection with any such occurence.Said indemnification shall include indemnity from any costs or fee which Lessor may Incur in defending said claim. 12,Insurance. Lessee,at his expense,shall maintain plate glass and public liability insurance including bodily injury and prop- . erty damage insuring Lessee and Lessor with minimum coverage as follows; • Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee,Lessee and Lessor,for the benefit of each other,waive any and all rights of sub rogation which might otherwise exist. If the leased premises or any other part of the building is damaged by fire or other casualty resulting from any act of negligence of Lessee or any of Lessee's agents,employees or invitees,rent shall not be diminished or abated while such damages are under repair,and Lessee shall be responsible for the costs of repair not covered by insurance. 13.Eminent Domain. If the premises or any part thereof or any estate therein,or any other part of the building materially affecting Lessee's use of the premises,shall be taken by eminent domain,this lease shall terminate on the date when title vests pursuant to such taking. The rent,and any additional rent,shall be apportioned as of the termination date,and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof,but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee,and for moving expenses, 14.I'es^"'ucition:.°7:'erriises. In the event of a partial destruction of the premises during the term hereof,from any cause,Lessor shall forthwith repair the same,provided that such repairs can be made within sixty(60)days under existing governmental laws and regulations,but such partial destruction shall not terminate this lease,except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made,based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty(60)days,Lessor,at his option,may make the same within a reasonable time,this lease continuing in effect with the rent proportionately abated as aforesaid,and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease may be terminated at the option of either party. In the event that the building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof,lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease 15.U ssor's Remedlns on DeflivIt. If Lessee defaults in the payment of rent,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within j U days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,If Lessee does not commence such curing within such /v days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than _,/ e .days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the premises to Lessor,without extinguishing Lessee's liability. If this lease www,waM ,com Page C of 3 4,2004,Socrates Media,LLC 11140.1•Ray.04/04 • MAY-18-2009 01 :42 PM JOE BANANAS 402 346 7227 P. O4 shall have been so terminated by Lessor,Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects.No failure to enforce any term shall,be deemed a waiver. 16. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of low—jt-I-Au-4.'`14Dollars (S yam' eq."' )as security for the performance of Lessee's obligations under this lease,including without limitation the surrender of possession of the premises to Lessor as herein provided, If Lessor applies any part of the deposit to cure any de- . .- _ 1, ' fault of Lessee,Lessee shall on demand deposit w'th Lessor he amount`�s applied so t t Lessor shall have the fu# dep sit on hand at all times during the term of this lease. � �`""�'� �d�" °! wbili r zaeeae -1 ..a1r..form deg 17.Tax increase. In the event there is any increase during any year of the term of this lease in the City,County or State real (ii,r estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences, whether because of increased rate or valuation,Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal to c _%of the increase in taxes upon the land and building in which the leased premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease,the obligation of Lessee shall be proportionate to the portion of the lease term included in such year. 18 ses, In the event the demised remises +% ratt F.tiig center or in a commercial. •"? 49 building in sLhir,h ter?.a *'i iiee agrees to pay his prorates are o main enanc , , n i s ) the r cdmmon area, 19.Attorney's Fees, In case suit should be brought for recovery of the premises,or for any sum due hereunder,or because of any act which may arise out of the possession of the premises,by either party,the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 20.Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 21,Notices. Any notice which either party may or is required to give,shall be given by mailing the same,postage prepaid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by the parties from time to time, 22.Heirs,Assigns,Successors, This lease Is binding upon and inures to the benefit of the heirs,assigns and successors in interest to the parties. 23.Option to Renew. Provided that Lessee's not in default in the performance of this lease,Lessee shall have the option to renew the lease for an additional term of ...N.:, months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ rym-c: `ttb0.e., _,_.The option shall be exercised by written notice given to Lessor not less than, ("C•'days prior to the expiration of tie initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire. 24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop- erty. 25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time,Levels of radon that exceed federal and state guidelines have been found in buildings in "'` -----:Additional information regarding radon and radon testing may be obtained from your county public health unit, 26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a wiiting signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: Signed this a \ -day of •.a C�rit..ti G/9 20 ti .� ¶y's i.1,- . ••4 L .•-sae.. c"";` 'Li do �c � ... %' \ c1�. • o C \--'' r .► e• 1'.r<:.+.L�-a d'w.-•ett riti\- . C-4' - i Cal,` C'�v"t t K f C.,Y...%- •- C') ,. .. 1 S S \r^•C ? 4`NN:�'c t tit ' L ,,S.c. C Or ek-i.' Y; tl oy . c y LQ�S� vt"a ...A1 G''e C£vN�.L '-"" - , CI t'' %Cil k°" 'fi n' Lessor: 401 '`; ,., Qs°'`\4 ,. r„cc03\-iv.s 1...�..._C— Lessee: Dtfrt k y c's a. .e Li_c Y. , G-1 X"=-.r, -- ,, 3o a i •� 1424404..e4,440.0„,0,144_ _ wwwsocrates.cc d"[1�PJL itp r+�+ 3 • 442 ( ' v�'°" y 71/200a.Socrates Media,Lit 1F140-1'Rev.04/04 ,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within j U days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,If Lessee does not commence such curing within such /v days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than _,/ e .days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the premises to Lessor,without extinguishing Lessee's liability. If this lease www,waM ,com Page C of 3 4,2004,Socrates Media,LLC 11140.1•Ray.04/04 PLANNING DEPARTMENT REPORT RECEIVED DATE: MAY 27,2009 DUE DATE: JUNE 4,2009 09 JUN —2 All II: 49 CITY COUNCIL HRG JUNE 16„2009 CM' CLERK LOCATION: 1012 SOUTH 10TH STREET O M A H A, NEBRASKA LEGAL DESCRIPTION: ADDITION OF A BEER GARDEN APPROX. 12' X 40' TO THE EAST APPLICANT: DRINKY CROW, LLC,DBA "BONES" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BAR THIS REQUEST DOES(X) DOES NOT O PERTAIN TO AN OUTSIDE AREA lc IF OUTSIDE: OUTSIDE AREA IS / 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. (Onl •f within last 24 months) EXISTING ZONING: Z EXITING LAND USE: 442 . I I—V ADJACS L ND US ND ZONING:-.) �rJ NORTHs.\ A- • ( D4TZ SOUT in-J �--�--is s-r2 A-\ .cr 141 yII EAST. -VAS c- --1.- T 1 Q-,'Z►el- \ :E- WES J USc— A,-\ ~2C ck I-1 PARKING ST LS PROVIDED: a f(. EXISTING USE DOES/) DOES NOT( )COMPLY WIT ONING REGULATIONS S PLUMBING FIXTURES PROVIDED: WOMEN'S "'Gc' e.- v 10 MEN'S 1--0��r_J `j0 DATE SUBJECT PROPERTY WAS POSTED: Ei " 1 " 0 9 (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR{CIT�' PARK: \v �� DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE C1- 1 6 V<� ickt411"Nl (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH G SCHOOL ©' — HOSPITAL E FOR THE AGE DIGENT OR VETERANS GE OR UNIVERSITY (Authorized Signature) (Date) of the premises,by either party,the prevailing party shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. 20.Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 21,Notices. Any notice which either party may or is required to give,shall be given by mailing the same,postage prepaid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by the parties from time to time, 22.Heirs,Assigns,Successors, This lease Is binding upon and inures to the benefit of the heirs,assigns and successors in interest to the parties. 23.Option to Renew. Provided that Lessee's not in default in the performance of this lease,Lessee shall have the option to renew the lease for an additional term of ...N.:, months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ rym-c: `ttb0.e., _,_.The option shall be exercised by written notice given to Lessor not less than, ("C•'days prior to the expiration of tie initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire. 24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop- erty. 25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time,Levels of radon that exceed federal and state guidelines have been found in buildings in "'` -----:Additional information regarding radon and radon testing may be obtained from your county public health unit, 26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a wiiting signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: Signed this a \ -day of •.a C�rit..ti G/9 20 ti .� ¶y's i.1,- . ••4 L .•-sae.. c"";` 'Li do �c � ... %' \ c1�. • o C \--'' r .► e• 1'.r<:.+.L�-a d'w.-•ett riti\- . C-4' - i Cal,` C'�v"t t K f C.,Y...%- •- C') ,. .. 1 S S \r^•C ? 4`NN:�'c t tit ' L ,,S.c. C Or ek-i.' Y; tl oy . c y LQ�S� vt"a ...A1 G''e C£vN�.L '-"" - , CI t'' %Cil k°" 'fi n' Lessor: 401 '`; ,., Qs°'`\4 ,. r„cc03\-iv.s 1...�..._C— Lessee: Dtfrt k y c's a. .e Li_c Y. , G-1 X"=-.r, -- ,, 3o a i •� 1424404..e4,440.0„,0,144_ _ wwwsocrates.cc d"[1�PJL itp r+�+ 3 • 442 ( ' v�'°" y 71/200a.Socrates Media,Lit 1F140-1'Rev.04/04 ,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within j U days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,If Lessee does not commence such curing within such /v days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than _,/ e .days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the premises to Lessor,without extinguishing Lessee's liability. If this lease www,waM ,com Page C of 3 4,2004,Socrates Media,LLC 11140.1•Ray.04/04 . . . .., . , RECEIVED , i MA'( I 8 2009 . . NEBRASKA'LIQUOR 1 : CONTROL COMIVSION .s. 0 • A- <a) c w : . . . 1.-- I 1 i ,---",-, -4- . Q.- (.4 . 1 :. 2 o . ci- . &:. •ii i. •::'..? .=t . . q 1 . .. /"---A ••, , atIL .-- . .. . . i .._,.. .. ,1 .\ . . ..0. !. ,. . , • ) • - - - . \ -,. ,. . . , \ . k ... „ . . \ \ \ .. \ e)..6 ...... \ `' . <... •,.•....., . (1) w-4- .•. ,,, . ....., ...._. .c. \c .. . cv •\ . . ' . c- 4 \. 2 , . . a \ \ . ! •. •.• \ \ .. .„. \ .. . • •. \ . •. \ , \ \ 1 • - . . , •,,, \, , \.... \ , ! . ,..., „... ! . I. .. . . ,, • . . . . , , . ,•• 4.. . , . [ notice which either party may or is required to give,shall be given by mailing the same,postage prepaid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by the parties from time to time, 22.Heirs,Assigns,Successors, This lease Is binding upon and inures to the benefit of the heirs,assigns and successors in interest to the parties. 23.Option to Renew. Provided that Lessee's not in default in the performance of this lease,Lessee shall have the option to renew the lease for an additional term of ...N.:, months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ rym-c: `ttb0.e., _,_.The option shall be exercised by written notice given to Lessor not less than, ("C•'days prior to the expiration of tie initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire. 24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop- erty. 25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time,Levels of radon that exceed federal and state guidelines have been found in buildings in "'` -----:Additional information regarding radon and radon testing may be obtained from your county public health unit, 26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a wiiting signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: Signed this a \ -day of •.a C�rit..ti G/9 20 ti .� ¶y's i.1,- . ••4 L .•-sae.. c"";` 'Li do �c � ... %' \ c1�. • o C \--'' r .► e• 1'.r<:.+.L�-a d'w.-•ett riti\- . C-4' - i Cal,` C'�v"t t K f C.,Y...%- •- C') ,. .. 1 S S \r^•C ? 4`NN:�'c t tit ' L ,,S.c. C Or ek-i.' Y; tl oy . c y LQ�S� vt"a ...A1 G''e C£vN�.L '-"" - , CI t'' %Cil k°" 'fi n' Lessor: 401 '`; ,., Qs°'`\4 ,. r„cc03\-iv.s 1...�..._C— Lessee: Dtfrt k y c's a. .e Li_c Y. , G-1 X"=-.r, -- ,, 3o a i •� 1424404..e4,440.0„,0,144_ _ wwwsocrates.cc d"[1�PJL itp r+�+ 3 • 442 ( ' v�'°" y 71/200a.Socrates Media,Lit 1F140-1'Rev.04/04 ,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within j U days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,If Lessee does not commence such curing within such /v days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than _,/ e .days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the premises to Lessor,without extinguishing Lessee's liability. If this lease www,waM ,com Page C of 3 4,2004,Socrates Media,LLC 11140.1•Ray.04/04 wA, iv F • cityofOmaha, Webras&a1T1 A.� 1819 Farnam—Suite LC 1 .� Omaha, Nebraska 68183-0112 Buster Brown �A (402) 444-5550 o City Clerk FAX (402) 444-5263 4ii.FD FEB�uP+� June 2, 2009 Drinky Crow, LLC Application for an addition to your present Class Dba "Bones" "C" Liquor License location to add a beer garden 1012 South 10th Street . approx. 12' x 40' to the east Omaha,NE 68102 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for June 16, 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 theCity C ty Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • - . . , •,,, \, , \.... \ , ! . ,..., „... ! . I. .. . . ,, • . . . . , , . ,•• 4.. . , . [ notice which either party may or is required to give,shall be given by mailing the same,postage prepaid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by the parties from time to time, 22.Heirs,Assigns,Successors, This lease Is binding upon and inures to the benefit of the heirs,assigns and successors in interest to the parties. 23.Option to Renew. Provided that Lessee's not in default in the performance of this lease,Lessee shall have the option to renew the lease for an additional term of ...N.:, months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ rym-c: `ttb0.e., _,_.The option shall be exercised by written notice given to Lessor not less than, ("C•'days prior to the expiration of tie initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire. 24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop- erty. 25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time,Levels of radon that exceed federal and state guidelines have been found in buildings in "'` -----:Additional information regarding radon and radon testing may be obtained from your county public health unit, 26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a wiiting signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: Signed this a \ -day of •.a C�rit..ti G/9 20 ti .� ¶y's i.1,- . ••4 L .•-sae.. c"";` 'Li do �c � ... %' \ c1�. • o C \--'' r .► e• 1'.r<:.+.L�-a d'w.-•ett riti\- . C-4' - i Cal,` C'�v"t t K f C.,Y...%- •- C') ,. .. 1 S S \r^•C ? 4`NN:�'c t tit ' L ,,S.c. C Or ek-i.' Y; tl oy . c y LQ�S� vt"a ...A1 G''e C£vN�.L '-"" - , CI t'' %Cil k°" 'fi n' Lessor: 401 '`; ,., Qs°'`\4 ,. r„cc03\-iv.s 1...�..._C— Lessee: Dtfrt k y c's a. .e Li_c Y. , G-1 X"=-.r, -- ,, 3o a i •� 1424404..e4,440.0„,0,144_ _ wwwsocrates.cc d"[1�PJL itp r+�+ 3 • 442 ( ' v�'°" y 71/200a.Socrates Media,Lit 1F140-1'Rev.04/04 ,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within j U days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,If Lessee does not commence such curing within such /v days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than _,/ e .days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the premises to Lessor,without extinguishing Lessee's liability. If this lease www,waM ,com Page C of 3 4,2004,Socrates Media,LLC 11140.1•Ray.04/04 • _Alc/zLic /e/ - NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that DRINKY CROW, LLC DBA "BONES" has applied for an ADDITION TO THEIR PRESENT CLASS "C" [On & Off Sale beer, wine and liquor] LIQUOR LICENSE LOCATION OF A BEER GARDEN APPROX. 12' X 40' TO THE EAST located at 1012 SOUTH 10TH STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 16, 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 ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY BUSTER BROWN, CITY CLERK,444-5557,IF ARRANGEMENTS NEED TO BE MADE. on 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 theCity C ty Clerk's Office 7 days in advance of the public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj • - . . , •,,, \, , \.... \ , ! . ,..., „... ! . I. .. . . ,, • . . . . , , . ,•• 4.. . , . [ notice which either party may or is required to give,shall be given by mailing the same,postage prepaid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by the parties from time to time, 22.Heirs,Assigns,Successors, This lease Is binding upon and inures to the benefit of the heirs,assigns and successors in interest to the parties. 23.Option to Renew. Provided that Lessee's not in default in the performance of this lease,Lessee shall have the option to renew the lease for an additional term of ...N.:, months commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of$ rym-c: `ttb0.e., _,_.The option shall be exercised by written notice given to Lessor not less than, ("C•'days prior to the expiration of tie initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire. 24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop- erty. 25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disclosure:"Radon Gas"is a naturally occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time,Levels of radon that exceed federal and state guidelines have been found in buildings in "'` -----:Additional information regarding radon and radon testing may be obtained from your county public health unit, 26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a wiiting signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution hereof: Signed this a \ -day of •.a C�rit..ti G/9 20 ti .� ¶y's i.1,- . ••4 L .•-sae.. c"";` 'Li do �c � ... %' \ c1�. • o C \--'' r .► e• 1'.r<:.+.L�-a d'w.-•ett riti\- . C-4' - i Cal,` C'�v"t t K f C.,Y...%- •- C') ,. .. 1 S S \r^•C ? 4`NN:�'c t tit ' L ,,S.c. C Or ek-i.' Y; tl oy . c y LQ�S� vt"a ...A1 G''e C£vN�.L '-"" - , CI t'' %Cil k°" 'fi n' Lessor: 401 '`; ,., Qs°'`\4 ,. r„cc03\-iv.s 1...�..._C— Lessee: Dtfrt k y c's a. .e Li_c Y. , G-1 X"=-.r, -- ,, 3o a i •� 1424404..e4,440.0„,0,144_ _ wwwsocrates.cc d"[1�PJL itp r+�+ 3 • 442 ( ' v�'°" y 71/200a.Socrates Media,Lit 1F140-1'Rev.04/04 ,or any additional rent,or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default and if Lessee does not cure any such default within j U days,after the giving of such notice(or if such other default is of such nature that it cannot be completely cured within such period,If Lessee does not commence such curing within such /v days and thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on not less than _,/ e .days'notice to Lessee. On the date specified in such notice the term of this lease shall terminate,and Lessee shall then quit and surrender the premises to Lessor,without extinguishing Lessee's liability. If this lease www,waM ,com Page C of 3 4,2004,Socrates Media,LLC 11140.1•Ray.04/04 p • b Cl) CD o 0 od o �' f p_tCAD C17 r, E.g. vi O co ,..r OOCr O ro O\ 0 -t (I)\ QC -4 nOCD I.) . 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( ¢ . ° • § 0 \ • ° 0 _ CDr•N CD ] ,- � ) - / \ \ 3 0 . B. 2 • 4 cD \ R '