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RES 2009-0702 - Addition of beer garden to Mister Toad %tt1E ,j • ST111 (J . ..F RECEIVED STATE OF NEBRASKA • ;4% Dave Heineman 09 . BRASKA LIQUOR CONTROL COMMISSION Governor JUN ` Hobert B. Rupe I'V,t 4 L'.i _/—' Executive Director 9 ' ` 301 Centennial Mall South,5th Floor June 16, 2069TY CLERKS P.O.Box 95046 OMAHA, N C R A S K h Lincoln,Nebraska 68509-5046 Phone(402)471-2571 Fax(402)471-2814 TRS USER 800 833-7352(TTY) OMAHA CITY CLERK web address:http://www.lcc.ne.gov/ 1819 FARNAM STREET, SUITE FC-1 OMAHA NE 68183 ABCO CORPORATION/ DBA: MISTER TOAD Liquor License # C-01243 Dear Clerk The above licensee has requested a/an ADDITION: TO: 1002-04 HOWARD ST OMAHA NE 68102/ DOUGLAS COUNTY ADDING: BEER GARDEN APPROX 24' X 9' NEW LICENSE MAIN BLDG APPROX 44 X 45 PLUS OUTDOOR AREA APPROX 30' WILL READ: X 36' TO THE SOUTH INCLUDING BEER GARDEN APPROX 24' X 9' 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 \/-4 Kristina Radicia Licensing Division Cc: file Janice M.Wiebusch Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer , Printed with soy ink on recycled paper • Affix Seal Here GINItital No1mY '` r maw of Newlin I • • IN Coarripto[,Ns•3ep 6.4010 1 • • • • • In compliance with the ADA,this manager insert form 3c is available in other formats for persons with disabilities. . A ten day advance period is required in writing to produce the alternate format. Revised 9/2008 ,_,,_...._ .., ...r. . . i. . Form 3c • Page 4 s required in writing to produce the alternate format: • • • Revised 9/2008 • Form 3c Page 4 t ti ri c fir..",„ ; .i S":-,,', 3 .�� i“.: T a s . 1 r t8,vt69''`?• ':1:la T. `R•4;,UA. cl+Mk^& '4!: * jY '"` A."' e ''� +'i �:� . S a�' 3r' . _ r F p,., 9 e t -1,0fl ,cov.„ 1.�',; . t9. ktcr ;) .4L ) j1.:fF,ii r 4 - ;•''. , . � 7!7,a ' t:�i . 44''. t "i r4T t1e: • I r►„ j1A _ j ; _... _ ./s !A-i t--- Sign. e of individual involved with application . Printed name of a►plying individual • (Spouse of individual listed above) - i • State of i E10�,a4rck,. , County of The foregoinginstrument was acknowledgedme this c before • c2t� 0! Tat/o Aft/ cl�9 by I vi S c. i/1+. • « r name of person a?knowledged • n_ Affix Seal f / .gitisGfam.NOTARY-Stet of Nebraska_ ' APotary Public signs re ) LORI MILES C0 ThIt Eq.W. O.tote. In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. 1 • • FORM 35-4178 Revised 1/2008 • • LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 01243 ABCO CORPORATION, A NEBRASKA CO 1002-04 HOWARD ST 68102 345-4488 DBA MISTER TOAD NLCC ORDERS OTHER ACTIVITIES 1970-RIDER FROM NLCC CHANGE OF LOCATION FROM 424 SO 10TH STR*6-9-09-MGR APP (TIM ABARIOTES) *6-30-09-REQ ADD OF IRREGULAR SHAPED BEER GARDEN APPROX 24' X 9'TO THE EAST WITH WAIVER REQ FOR FENCING * LICENSED PREMISES MAIN BLDG APPROX 44' X 45' PLUS OUTDOOR AREA APPROX 30'X 36'TO THE SOUTH OFFICERS: MGR-TIM ABARIOTES, 668 NORTH 55TH STREET, 68132 (H) 553-8890 * PRES/SECR/TREAS-ARISTIDES ABARIOTES (H) 551-9458, TIM -(H) 553-8890©639-6740 * **(OLD-2009-MGR-ARISTIDES ABARIOTES) . Kt, 'Oq M 11111111 YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER FROM TO it ' s old. ffef € Form 3c Page 2 • ADDITION REQUEST DATE: JUNE 18, 2009 APPLICANT: ABCO CORPORATION, DBA "MISTER TOAD" LICENSED LOCATION: 1002-04 HOWARD STREET PERSON PROVING INFORMATION ON BEHALF OF THE APPLICANT: TIM ABARIOTES, MANAGER REQUESTING: ifv.clo-R__cl Apek_d c9q ' Ale BY: CARMAN JOHNSON, LIQUOR CLERK ULAR SHAPED BEER GARDEN APPROX 24' X 9'TO THE EAST WITH WAIVER REQ FOR FENCING * LICENSED PREMISES MAIN BLDG APPROX 44' X 45' PLUS OUTDOOR AREA APPROX 30'X 36'TO THE SOUTH OFFICERS: MGR-TIM ABARIOTES, 668 NORTH 55TH STREET, 68132 (H) 553-8890 * PRES/SECR/TREAS-ARISTIDES ABARIOTES (H) 551-9458, TIM -(H) 553-8890©639-6740 * **(OLD-2009-MGR-ARISTIDES ABARIOTES) . Kt, 'Oq M 11111111 YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER FROM TO it ' s old. ffef € Form 3c Page 2 • I(l• . • •APPLICATION FOR ADDITION • TO LIQUOR LICENSE meth. RECEIVED . NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MAIL SOUTH JUN 1 52009 . . PO BOX 95046 LINCOLN,NE 68509-5046 - PHONE:(402)471-2571 FAX:(402)471-2814 . . . • NEBRASKA LIQUOR • Website: www.14:c.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# 7) CCA45 LICENSEE.NAME1 ( /46—, )) i•O ..• TRADE NAME• • . • . )1) ) ) • •. PREMISE ADDRESS /U(1,L- • 1.17 /10(-)00v./ • •CITY -11/11-411/4 IMO F • • CONTACT PERSON J/4 AA)4, I • • PHONE NU1VIDER OF CONTACT PERSON,(. 62,) 67 • •• .Complete the following questions: • 1) Are you adding on to your building? ig Yes No . • •: Include a sketth of the area to be added showimg: • o existing building . . o outside dimensions(in feet) • • o direedon.north • • •• • * 2) ..Are you adding an outdoor area? • It. Yes [0 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 fiom the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may • • include,but are not restricted to sand volleyball,horseskoe.pits..) . • I . • IbUS 17(19 //0 • t69''`?• ':1:la T. `R•4;,UA. cl+Mk^& '4!: * jY '"` A."' e ''� +'i �:� . S a�' 3r' . _ r F p,., 9 e t -1,0fl ,cov.„ 1.�',; . t9. ktcr ;) .4L ) j1.:fF,ii r 4 - ;•''. , . � 7!7,a ' t:�i . 44''. t "i r4T t1e: • I r►„ j1A _ j ; _... _ ./s !A-i t--- Sign. e of individual involved with application . Printed name of a►plying individual • (Spouse of individual listed above) - i • State of i E10�,a4rck,. , County of The foregoinginstrument was acknowledgedme this c before • c2t� 0! Tat/o Aft/ cl�9 by I vi S c. i/1+. • « r name of person a?knowledged • n_ Affix Seal f / .gitisGfam.NOTARY-Stet of Nebraska_ ' APotary Public signs re ) LORI MILES C0 ThIt Eq.W. O.tote. In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. 1 • • FORM 35-4178 Revised 1/2008 • i i i °°. • . 00 i A XCr PC- fa- 01-1 (1) 'i ui C.1) Is.) w CA y . ---► , 0 e—t- i — : a' " co �'n o • • rn j 0 / \ O� q ^ate 7 0 5 0, ' PLUS OUTDOOR AREA APPROX 30'X 36'TO THE SOUTH OFFICERS: MGR-TIM ABARIOTES, 668 NORTH 55TH STREET, 68132 (H) 553-8890 * PRES/SECR/TREAS-ARISTIDES ABARIOTES (H) 551-9458, TIM -(H) 553-8890©639-6740 * **(OLD-2009-MGR-ARISTIDES ABARIOTES) . Kt, 'Oq M 11111111 YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER FROM TO it ' s old. ffef € Form 3c Page 2 , ircladd 1.0.• — , ,._„, , , .....,, ,.......,,, ,,-, / - - PLANNING DEPARTMENT , • JUN 1 5?.009 PERMITS & INSPECTION DIVISION -.....,, ,,-, r r-.-- •:`-.• 4 ' i • - ./ S' ' / • LEASE APPLICATION • L4E.rInALsKAcotALINICT5PsRio. ti (See ReverseSile.for A„dd.itiona! lnfo:rrn.ation) • In actaworTro-pompleting this form, the applicant must provide the following: 1. A dimensioned drawing of the land to be used. This drawing must include all existing improvements or -city property, i.e. curb, sign, posts, fire hydrants, etc., and the location of the property line. Show the ares (length and width) of City property to be leased. 2. Any other information requested by the Planning Department, and/or the Public Works Departmen necessary to evaluate the proposed use. 3. Application fee of$100.00. (Fee not refundable.) • • - 4. Bond (if required -see back) Street Address Address of private property adjacent to leased property Le—gal Description of the Private proPeilyn y i o 1-,s i_ o / ! .., 10 cIC i 6 0 I__5-.--;2_, -E Private PropertyOwnege/11 ez-Mal(0.1 q co fp C'41+ -47A /leA7 ,...-3 . I/4 2-/„1-• (Name) , / (Address) (Phone) Applicant A/S /Wei- • A•44iiirES. C-ffrt-\) /4/4.ier. /0 02 H.6,044 5Y.,12 1/9111 (If not property owner) (Name) •: . (Address) • , . (Daytime Phone) DescriptiOn of Intended Use 5-it4I- --. /PLO CO"-.54e.A0910A., o1 A Z.C6i4i0e.g_ Alr4. . • 4/0A) -/.A. (0 A/4 i c Rzev e-44 a i /;;-, A") rA TOD ok- -. f6/64 itti • Co,-, itrf,•44, •• 1.5-0 d• Lt--A- 6-: .111-- - A—. - If application is for Radio/Phone Tower complete the following:. • ! • . . Replacement of existing pole Y N If replacement, height of existing pole . . • Ground space required if greater than 3 Sq..Ft. Pole height to top of antenna • (- 77-,. . -‘.-----7-;) : • . Date - --•,-'„i',i,i l . • • • .Ap p lic-a,-n. t Sign"a;a p_ - ---,-- -/-7 ' .-- • - i'toi - i . . I i ( -:. Date Adjacent Private Property Owner Signature FOR OFFICE USE ONLY •• • (?() APPROVED V • ( l'APPROVED • ) DENIE . ( ) ,.DtgNIED • , • • r- . • .. ,_,I, ,,)•.(, 0 7 _: Y'c;k '''\.(-,-.k. I i,.,J,'11,t" 1 : 51,iii yy i Planning tor • • - •Date : '' Public Works Director t : Date (. CITY COUNCIL APPROVAL REQUIRED Y N - . :'''l • • — , APPROVED CITY COUNCIL RESOLUTION # 0 • ( ) DENIED , • DATE PASSED • - 0 . ANNUAL LEASE FEE $ • DATE LEASE ESTABLISHED • Other Applicable Director • Date BY •• • • (FINANCE DEPT.) - . • name of person a?knowledged • n_ Affix Seal f / .gitisGfam.NOTARY-Stet of Nebraska_ ' APotary Public signs re ) LORI MILES C0 ThIt Eq.W. O.tote. In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. 1 • • FORM 35-4178 Revised 1/2008 • • C 012.08"Sidewalk cafe"shall/new an outdoor arca included;,n 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 pontaiaed by a permanent fence.wall.railing.rope or chain,defining the licensed area,provided that one open entrance hot to exceed eight(8)feet shall be allowed. . . fencing willyou be using? ----.._ _�_ ___--- What type of permanenten g mg -�- ,------ • Include a sketch of the area to be added showing: o existing building E.0 EN E® • o outside dimensions(in feet) • . o direction north 5 2009 • JUN 1 IVEBRASKA LIQUOR CONTROL COMMISSION 744/6717-1 Print Name of Signature • Signature of Licensee or Officer State of Nebraska • County of G ,/. ./ The forgoing instrument was acknowledge before th me 9 9.Date J�1 , Nota , ///A-4/7 74a-iiier4 ry blue Signature Atfassa i Rae GENERAL NOTARY-State of Nebraska • MARY ANN TRAUGH 's ,? My Comm.Exp.May 24,2010 • • (Name) , / (Address) (Phone) Applicant A/S /Wei- • A•44iiirES. C-ffrt-\) /4/4.ier. /0 02 H.6,044 5Y.,12 1/9111 (If not property owner) (Name) •: . (Address) • , . (Daytime Phone) DescriptiOn of Intended Use 5-it4I- --. /PLO CO"-.54e.A0910A., o1 A Z.C6i4i0e.g_ Alr4. . • 4/0A) -/.A. (0 A/4 i c Rzev e-44 a i /;;-, A") rA TOD ok- -. f6/64 itti • Co,-, itrf,•44, •• 1.5-0 d• Lt--A- 6-: .111-- - A—. - If application is for Radio/Phone Tower complete the following:. • ! • . . Replacement of existing pole Y N If replacement, height of existing pole . . • Ground space required if greater than 3 Sq..Ft. Pole height to top of antenna • (- 77-,. . -‘.-----7-;) : • . Date - --•,-'„i',i,i l . • • • .Ap p lic-a,-n. t Sign"a;a p_ - ---,-- -/-7 ' .-- • - i'toi - i . . I i ( -:. Date Adjacent Private Property Owner Signature FOR OFFICE USE ONLY •• • (?() APPROVED V • ( l'APPROVED • ) DENIE . ( ) ,.DtgNIED • , • • r- . • .. ,_,I, ,,)•.(, 0 7 _: Y'c;k '''\.(-,-.k. I i,.,J,'11,t" 1 : 51,iii yy i Planning tor • • - •Date : '' Public Works Director t : Date (. CITY COUNCIL APPROVAL REQUIRED Y N - . :'''l • • — , APPROVED CITY COUNCIL RESOLUTION # 0 • ( ) DENIED , • DATE PASSED • - 0 . ANNUAL LEASE FEE $ • DATE LEASE ESTABLISHED • Other Applicable Director • Date BY •• • • (FINANCE DEPT.) - . • name of person a?knowledged • n_ Affix Seal f / .gitisGfam.NOTARY-Stet of Nebraska_ ' APotary Public signs re ) LORI MILES C0 ThIt Eq.W. O.tote. In compliance with the ADA,this spousal affidavit of non participation is available in other formats for persons with disabilities. A ten day advance period is requested in writing to produce the alternate format. 1 • • FORM 35-4178 Revised 1/2008 • • RECEIVED • BUSINESS PROPERTY LEASE JUN 152009 THIS LEASE,made and executed in duplicate by and between the NEBRAI�lX�p6�pMMISSION f3ICA�1QUOR �� Lessor MERCER MANAGEMENT COMPANY, a Nebraska Corporation, 511 So. I lth Street Omaha,Nebraska 68102 and Lessee ABCO CORPORATION,a Nebraska Corporation d/b/a Mr.Toads WITNESSETH: That the Lessor does hereby demise and lease unto the Lessee, the following described property, situated in Omaha,Douglas County,Nebraska,to-wit: DESCRIPTION OF PROPERTY: Premises known as 1002-04 Howard St. Ground Floor Omaha,Nebraska 68102 1.TERM AND PURPOSE: The Lessee agrees to use and occupy the premises for a bar and no other purpose for a term of Five(5)years,said lease term beginning November 1,2005 and ending October 31,2010. I rccre shall not change the character of its business to a business different from that for which the premises are leased and shall not operate in the premises a business different from that for which the premises are leased.. 2.RENTAL: In consideration of the foregoing demise,the Iesc'e hereby covenants to perform the agreements hereby imposed,and to pay the Lessor as rental for said premises the sum of One Hundred Forty Eight Thousand Eight Hundred Sixty Dollars($148,860.00)plus percentage sales and CPI Increases payable as follows: For the period from:November 1,2005 through October 31,2010 $2481.00 For the period from:See Paragraph regarding CPI increases per month said rental to be payable monthly in advance on the 1st day of each successive month,at the offices of: Mercer Management Company,511 So.11th St.,Omaha,Nebraska 68102. CPI: It is understood and agreed that the amount of rent slated above shall be the base rental and shall be adjusted on the first anniversary date of this lease and each successive anniversary date thereafter in order to reflect the change in purchasing power of the dollar. Such adjustments shall be made upon the following basis: The Consumer's Price Index for all cities as prepared by The United States Department of Labor shall be used as the basis of computation and said index for the date of this lease shall be considered as 100 percent. Said Index shall be taken on the first anniversary date of this lease,and for each of the following 4 years. Said price index thus obtained shall be compared with the price index figure for the date of this lease and the annual base rental should be either increased or decreased by whatever percentage of increase or decrease the price index bears to the price index as of the date of this lease. However,at no time will the rental be less$29,592.00 which figure will also be adjusted annually. 3.SERVICE: It is understood that for the rent mentioned,the Ii=csor shall furnish service as follows:NONE in the manner customary in the building. It is hereby agreed that the Lessor shall have the right to discontinue any service above mentioned or any part thereof whenever and during any period for which bills for rent or other service are not promptly paid by the I'Pear. It is also agreed that the Lessor shall not be liable for damages nor shall the rental hereinbefore stipulated be abated for failure to furnish,or delay in furnishing,any service above mentioned or any part thereof as aforesaid when such failure to furnish,or delay in furnishing,is occasioned by needful repairs,renewals or improvements, or in whole or in part by any strike or labor controversy,or by any accident or casualty whatsoever,or by an act or default of the Lessee or other parties,or by any unauthorized act or default of any employee of the Lessor,nor for any other cause or causes beyond the reasonable control of the Lessor. 4. WATER,GAS,ELECTRIC,SEWER USE FEES,ETC.,CHARGES: The Lessee further agrees to pay from time to time as same may become due,all water,gas,electricity billed or other charges levied or assessed against,incurred at or chargeable to or in connection with the leased premises during the term of this lease and to save the premises and Lessor harmless there from. Lessee further agrees to pay any and all sewer use fees which may be assessed against the demised premises whether based on a minimum fee,a percentage charge,or whatever basis said fee shall be levied In addition to the usual monthly charge for water,the IFc further agrees to pay any or all additional charges which the Metropolitan Utilities District may make against the demised premises for the use by the Lessee of water for air conditioning purposes. 5. CONDITION OF PREMISES: Lessee has examined said premises prior to his acceptance and the execution hereof and is satisfied with the physical condition thereof;including all equipment and appurtenances,and his taking possession thereof shall be conclusive evidence of his receipt thereof in satisfactory order and repair,except as otherwise specified herein. It is acknowledged and agreed by Lessee that Lessor and Lessor's agents have made no oral or written statements, BUSINESS PROPERTY LEASE ABCO CORPORATION d/b/a Mr.Toad representations or promises with respect to the premises or the making or entry into this lease except as is expressly set forth herein;and that no claim or liability or cause for termination of this lease shall be asserted by Lessee against Lessor and Lessor shall not be liable by reason of any breach of any representation or promise not expressly stated in this lease. No oral or written statement not specifically incorporated herein shall be construed to be binding upon either party. 6.REPAIRS: In consideration of the foregoing demise and the rate of rental herein stipulated,the Lessee agrees during the term of this lease at his own expense,to keep in good and substantial order and repair and to make all necessary repairs, renewals, replacements and decorations upon or in connection with said premises, including all windows and doors and glass,wherever located,and all plumbing,heating equipment,boilers,elevators,pipes,wiring and gas,steam and electrical fixtures,connections and fittings and all other equipment,fixtures and appurtenances,and excepting only the exterior of the premises(exterior of the premises shall not include windows,doors or any glass). However,it is not the intention of the parties hereto that the foregoing repairs,renewals,replacements,and/or decorations shall be made by the Lacccr when such repairs, renewals, replacements and/or decorations are occasioned by fire, windstorm, or other unavoidable casualty,except that the Lessee shall make all glass replacements made nernscary from any cause other than fire,windstorm and structural deficiency of the building. 7. ASSIGNING, SUBLETTING, INSURANCE, ALTERATIONS, AIR CONDITIONING, COOLING: It is provided that the Lessee chat'not assign this lease nor let or sublet said premises or any part thereof nor use the same nor permit the same to be used for any purpose other than as above described. Lessee shall not keep or store in or about the premises anything which will increase the rate of insurance on the building, nor permit any change in occupancy or transfer of this lease by operation of law,or otherwise,nor make any alterations or additions or improvements,including air conditioning and cooling systems in said premises,nor place,affix or display in any manner in,upon or in connection with said premises, any "for rent"display or advertising sign or device without the written consent of the Lessor first obtained. Lessee shall not invalidate any policies of insurance now or hereafter made on said building,and Lessee will pay all extra insurance premiums on said building,if any,required on account of extra risk caused by the Lessee's use of the demised premises. It is further provided that all additions,fixtures or improvements which may be made by the Lessee to said premises,except movable office furniture and trade fixtures,shall be made only after the Lessor has given written consent and shall become the property of the Lessor, and shall remain and be surrendered in good condition, normal wear and tear accepted,with the premises as a part thereof at the termination of this lease,by lapse of time or otherwise. It is understood and agreed, however,that Lessee shall maintain an insurable interest in said additions, fixtures and improvements during the term of this lease and that in the event of any casualty loss said addition, fixtures and improvements the 1 rcceo shall be entitled to the proceeds from any insurance the Lessee may have carried on the same. I ecce�agrees,upon the termination hereof to remove all Lessee's property except such as according to the conditions of this lease is to remain as part of the premises. S. COMPLIANCE WITH LAWS-KEEP PREMISES SAFE AND CLEAN: The Lessee shall keep said premises and operate his business therein in a manner which shall be in compliance with all laws,rules and regulations,orders and ordinances of the city,county state and federal government and any department of either,and will not suffer or permit the premises to be used for any unlawful purpose,and he will protect the Lessor and save him and the said premises harmless from any and all fines and penalties that may result from or be due to any infractions of or non-compliance with,the said laws,rules,regulations,orders or ordinances. Lessee agrees to keep the said premises and all sidewalks and approaches thereto in a safe condition and free and clear of ice and snow and all other matter which may be dangerous to the public and free of all obstructions. Iecc a will hold Lessor exempt and harmless for and on account of any damages or injury to any person,or to the goods,wares and merchandise of any person,arising from the use of the premises by the Lessee,or arising from the failure of the i reser to keep the premises in good condition as herein provided. 9. DAMAGE BY FIRE OR OTHER CASUALTY/TERMINATION PRIVILEGES: It is provided that in case the said premises,or any part thereof shall at any time be destroyed or damaged by fire or any other unavoidable casualty.so that the same shall be unfit for occupation or use, then the rent hereby reserved,or a fair and just proportion thereof, according to the nature and extent of the damage sustained in loss of occupation of the premises,shall be suspended,cr ace to be payable and so continue until said premises shall be rebuilt or made fit for occupation and use„or if such damage to the said premises or to the building in which the premises are situated,is to the extent of 50%or more,then this lease may be terminated at the election of the Lessor,notice of which election,if exercised,shall be given in writing within 25 days from the date of casualty,provided also that in case the building containing said premises is totally destroyed or work to put the premises in tenantable condition is not commenced within one month from the time of the damage and continued thereafter,with reasonable diligence,then this lease may be terminated at the election of the Lessee,notice of which election, if exercised,must be given within thirty five(35)days from date of casualty. Each party hereto hereby waives all claims for recovery from the other party for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 BUSINESS PROPERTY LEASE ABCO CORPORATION d/b/a Mr.Toad other right or remedy which the Lessor may have on account of or in connection with the Lessee's breach of this covenant. Provided also,and this lease is upon these express conditions,that the I ecsor and the Lessor's successor or assigns shall have the right to terminate this lease absolutely at the end of the calendar month by first giving to the I ecsee,or the I user's assigns,or by leaving at said demised premises,addressed to the I ecsee,at least six months before the date of such termination,a written notice of the Lessor's intention to remodel,remove or demolish the said building,or to sell,or make a ground lease of the land thereunder,the rate of rent herein stipulated being the consideration for this agreement. 15. HOLDOVER The I ecsee agrees at the termination of this lease,by lapse of time or otherwise,to forthwith leave, surrender and yield up the demised premises in good and substantial order and repair. It is understood and agreed that this lease shall not extend beyond the term herein granted,and a holding over or continuance in the occupancy of the demised premises shall not works an extension of the said lease,but in any and all such cases,the Lessee shall be a trespasser or a tenant at will at the option of the Lessor,subject to removal by the said Lessor by summary process and proceeding, it being provided further that an acceptance of rent by the Lessor during such holding over period shall operate to create a tenancy from month to month only,terminable upon thirty days notice,and in that call all provisions of this lease not inconsistent with a tenancy from month to month shall remain in force. 16. ACCEPTANCE OF RENT AFTER PROCEEDING: It is agreed that after the service of notice of the commencement of suit,or after final judgment for possession of the premises,the Lessor may receive and collect any rent due without prejudice to,nor waiver of or effect upon the said notice,suit or judgment. 17. CHARGES ADDED TO RENT: In the event of the failure of the Lessee to perform any of the covenants, agreements or conditions herein contained the Lessor shall have the right but shall not be obligated to pay any sum of money or incur any expense which should have been paid or incurred by the Lessee in the performance of any such covenant,agreement or condition. The Lessee covenants that in case the Lessor,by reason of the failure of the J essee to perform any of the covenants,agreements,or conditions herein contained,shall be compelled to pay or shall pay any sum of money,or shall be compelled to do or shall do any act which requires the payment of money,then the sum or sums so paid or required to be paid, together with interest,costs and damages, shall be added to the installment of rent, next becoming due and shall be collectible as additional rent in the same manner and with the same remedies as if it had been originally reserved,any sum so paid by Lessor to bear interest at the rate of 14%per annum from the date of payment by Lessor to date of repayment by I Pssee. 18. WAIVER-NONE: The failure of the Lessor to insist upon a strict performance of any of the covenants or conditions of this lease or to exercise any right or option herein conferred in any one or more instances,shall not be construed as a waiver or a relinquishment for the future of any such covenants,conditions,rights or options,but the same shall remain in full force and effect;and the doing by the Lessor of any act or thing which Lessor is not obligated to do hereunder shall not be deemed to impose any obligation upon the Lessor to do any such act or thing in the future or in any way change or alter any of the provisions of this lease. 19. SURRENDER VALID UNLESS WRITTEN: No surrender of the premises for the remainder of the term herein shall be binding upon the Lessor unless accepted by the Lessor in writing. Without limiting the scope or effect of the last preceding sentence,it is agreed that the receipt or acceptance of the keys of the premises by the Lessor shall not constitute an acceptance of a surrender of said premises. 20. LESSOR'S RIGHT CUMULATIVE-NO CHANGE HEREOF EXCEPT IN WRITING: All rights and remedies of the Lessor under or in connection with this lease shall be cumulative and none shall be exclusive of any other rights or remedies allowed by law. No agreements shall be held as changing or in any manner modifying,adding to or detracting from any of the terms or conditions of this lease, unless such agreement shall be in writing,executed by both parties hereto. 21. EMINENT DOMAIN: If the whole or any part of the premises hereby leased shall be taken by any public authority under the power of eminent domain, then the term of this lease shall cease on the part so taken from the day of the possession of that part shall be required for any purpose,and the rent shall be paid up to that day,and if such portion of the demised premises is so taken as to destroy the usefulness of the premises for the purpose for which the premises were leased,then,from that day the I rccee shall have the right either to terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 BUSINESS PROPERTY LEASE ABCO CORPORATION d/b/a Mr.Toad not be considered as in any manner of defining,limiting or describing the scope or intent of the particular paragraphs to which they refer or as affecting the meaning or construction of the language in the body of such paragraphs. 23. If Lessor does not now have possession of the premises, it is hereby covenanted and agreed that if the demised premises above described shall not be available for occupancy at the date named in said lease as the time when the lease term is to commence,then said lease shall commence on the date when said premises shall be available for occupancy, and a pro rata abatement of the rental herein provided shall be made until said premises are available for occupancy but the expiration of said lease shall remain the same;and the Lessor shall not be liable for any loss or damage of any kind whatsoever that the I ecaee may sustain or claim to have sustained by reason of such delay. Until this lease is executed on behalf of all parties hereto, it shall be construed as an offer of proposed Lesser to proposed Lessor. Time being of the essence, this lease must be completed on behalf of all parties on or before 24. APPEARANCE OF PREMISES: The Lessee and the Lessor agree that the interior and the exterior appearance of the premises is of capital importance for the reasons mentioned in the form letter attached hereto as Exhibit A and the following covenants and conditions are made essential provisions of this lease. 1. The Iresm will submit to the Lessor a full written description of intended furnishings and decorations of the demised premises including description of materials and equipment in the premises and description of lighting fixtures and materials and of all proposed signs inside and outside the premises. No neon or backlit signs will be considered. 2. Lessee will promptly inform the Lessor of any suggested modifications of such scheme of furnishings and decoration. If Lessor does not agree to Lessee's suggestions,this Lrase will be cancelled and the Lessor will return deposit .(if any)to the I.esser. 3. Lessee will do no work on the premises before receiving the written consent of I resor and thereafter during the term of the lease and any extension of holdover period will make no changes in the furnishings,decoration,or lighting of signs in or outside the premises without written consent of the Lessor first obtained. 4. If the Lessee should during his occupancy make any changes in the appearance of the demised premises or their interior furnishings and/or decoration without the written consent of the Lessor,then the Lessee shall within thirty(30) days after receipt of written notice from Lessor return the premises to their former appearance. 25. No work is to be done except as specified elsewhere herein. 26. OCCUPANCY : It is understood the Lessor makes no representation that premises are at present suitable for occupancy according to government codes. J seem must obtain certificate of occupancy prior to doing business. 27. I scan shall not suffer,allow,or permit any vibration,noise,odor,or other undesirable effect to emanate from the leased premises. 28. During the term of tenancy,Lessee agrees to keep all windows and sidewalks,as well as gas lamps,clean and tidy. 29. It is agreed that the Lessee will notify the Lessor in case of fire, or other unavoidable casualty, however small damages may be. 30. Lessee agrees to remove all paint from windows,to remove all personal property belonging to the Lessee and any and all debris from the premises at the expiration or termination of Lessee's occupancy. 31. INSURANCE REQUIREMENTS: (a) Lessee shall indemnify and save Lessor harmless from and against any and all claims,actions,damages,liability and expenses arising from or out of any occurrence in,about,in connection with,upon or at the premises arising from or out of the occupancy or use by I car of the premises or any part thereof,or occasioned wholly or in part by any act or omission of Lessee, its agents, contractors, employees, invitees or concessionaires. If Lessor shall, without fault on its part,be made a party to any litigation commenced by or against Lessee, then Lessee shall protect and Lessor harmless and shall pay all costs,expenses and reasonable attorney's fees incurred or paid by Lessor in connection with such litigation. (b) Lessee agrees to procure and maintain continuously during the entire term of this lease a public liability insurance policy in a company acceptable to Lessor,at I I u e's sole cost and expense,insuring Lessor and Lessee from all claims,demands or causes of action for such corporation arising from,relating to,or connected with the conduct and operation of Irscsr's business in the premises or arising out of or connected with the use or occupancy of sidewalks, parking areas and other common use areas by Lessee: (1) Injury to or death of any one person in an amount of not less than One Million Dollars($1,000,000.00); Page-5 of 8 he I rccee shall have the right either to terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 BUSINESS PROPERTY LEASE ABCO CORPORATION d/b/a Mr.Toad (2) Injury to or death of more than one person in any accident in an amount of not less than One Million Dollars($1,000,000.00); (3) Damage to property in an amount of not less than One Million Dollars($1,000,000.00) All such insurance shall provide that Lessor be given a minimum of thirty(30)days notice by the insurance carrier,prior to cancellation,termination,or change of such insurance coverage. (c) Lessee shall keep its trade fixtures,equipment and inventories insured with fire and extended coverage insurance for the full value thereof and shall furnish Lessor with evidence of such insurance coverage. (d) Lessee shall provide I essor with copies of the policies or certificates evidencing that such insurance coverage required by subparagraphs b and c above is in full force and effect which state the term thereof. If I riser fails to comply with such requirements for insurance as aforesaid,Lessor may,but shall not be obligated to,obtain such policies of insurance and keep the same in effect and Lessee agrees to pay Lessor upon demand the premium cost therefor,plus interest at 14%per annum. (e) Neither Iessor nor Lessee shall be liable to the other for any loss or damage to property or injury to or death of persons occurring on the premises or on the sidewalks, approaches, parking or other common areas of the premises or the building in which they are located or in any manner growing out of or connected with Lessee's use or occupation of the premises or the condition thereof,caused by the negligence or other fault of Lessor or I essee or of the respective officers, employees, agents, concessionaires or invitees of either to the extent that such loss or damage to property or injury to,or death of persons is covered by or indemnified by insurance in force and this provision does not invalidate such insurance. Lessor and Lessee each hereby respectively waive all rights to recovery against the other for themselves and their insurers. Nothing contained in this subparagraph c shall be construed to impose any other or greater liability upon either Lessor or Lessee than would have existed in the absence of this paragraph. 32. Lessee agrees to comply with all laws,Hiles,regulations,orders and ordinances of governmental authority respecting the demised premises which are now in force and all ordinances which may hereafter be enacted during the term of Lessee's tenancy. Lessee is responsible for any breaches of its employees. 33. HOURS OF OPENING: It is further agreed and understood that the Lessee will keep the premises open to the public at least a minimum of 68 hours per week according to the following standard business hours--continuously from: 11:00 A.M.to 9:00 P.M. Monday through Thursday 11:00 A.M.to 10:00 P.M. Friday and Saturday 12:00 Noon to 6:00 P.M. Sunday A penalty of$100.00 shall be assessed for each occasion Iescee is closed during these hours. Such penalty shall be due as additional rent. In addition,failure to be open during required hours on three or more times in one month totaling three hours or more without adequate written explanation deposited at 511 So. 11th St.within five(5)days shall be deemed as failure to occupy the premises continuously and a sum equal to 50%of the monthly rental shall be stipulated as liquidated damages plus court costs and reasonable attorney's fees for collection of said sum,notwithstanding the stipulation in Paragraph 14. If such failure to keep open should continue for three(3)months or more,then the Lessor may,at his sole option,cancel this lease and terminate the tenancy hereby granted. 34. lecsee will keep his store windows lit every day until 1:00 A.M. 35. PERCENTAGE RENT: In addition to the minimum of *See Paragraph 2 dollars per month,percentage rent shall be due as follows: Lessee shall pay within thirty(30)days of the end of the month,Four percent(4%)of gross sales in excess of $30,980.00 made in that month. This figure shall be adjusted annually in proportion to the increase in the Consumer Price Index-All Urban Consumers. "Gross sales" are defined as the total of all sales or business conducted and the charges for all services rendered in,at,on or from the premises by the I e_cser at retail or wholesale for cash or credit,less the selling price of all goods returned by customers,if the selling price of the returned goods has been included. Gross sales does not include sums representing the sales tax imposed by the State of Nebraska and the City of Omaha on sales effected by Lessee at its premises and collected by Lessee from purchasers. Lessee shall furnish to the I ecsor a copy of the monthly sales tax return to the State of Nebraska at the time such return is filed,together with the payment of any additional sum which may be due. In addition,the Lessor reserves the right to audit the Lessee's books in order to determine,after the end of the year,the amount of rent due under this lease. Page-6 of 8 terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 BUSINESS PROPERTY LEASE . ABCO CORPORATION d/b/a Mr.Toad of this guarantee, he hereby guarantees unto the Lessor and to the Lessor's assigns,the payment of the rent and the performance of all covenants of the IPcorr under said lease, and agrees to pay all expenses, including attorneys fees incurred in enforcing the obligations of the Lessee or incurred in enforcing this guarantee,and he hereby waives notice of any default under said lease and agrees that his liability hereunder shall not be released or affected by any extension of time for payment or by any forbearance or by waiver or consent by the obligee herein or by any modifications of the said lease. Timothy Abariotes STATE OF NEBRASKA) ss. COUNTY OF DOUGLAS) On this 1 day of 2005,before me,the undersi a NotaryfPubli commissioned and qualified for and' said county and state,personally appeared to me(mown to be the identical person or persons whose name is to the foregoing instr n ent and acknowledged the execution thereof to be his voluntary act and deed.7 at , WITNESS my hand and notarial seal this / day of 9t _ -44-(.2005. jz. MARY ANN"'HAUGH My Comm.Exp.May 24,2006 No Public RECEIVED JUN 152009 NEBRASKA LIQUOR CONTROL COMMISSION Page-8of 8 or the building in which they are located or in any manner growing out of or connected with Lessee's use or occupation of the premises or the condition thereof,caused by the negligence or other fault of Lessor or I essee or of the respective officers, employees, agents, concessionaires or invitees of either to the extent that such loss or damage to property or injury to,or death of persons is covered by or indemnified by insurance in force and this provision does not invalidate such insurance. Lessor and Lessee each hereby respectively waive all rights to recovery against the other for themselves and their insurers. Nothing contained in this subparagraph c shall be construed to impose any other or greater liability upon either Lessor or Lessee than would have existed in the absence of this paragraph. 32. Lessee agrees to comply with all laws,Hiles,regulations,orders and ordinances of governmental authority respecting the demised premises which are now in force and all ordinances which may hereafter be enacted during the term of Lessee's tenancy. Lessee is responsible for any breaches of its employees. 33. HOURS OF OPENING: It is further agreed and understood that the Lessee will keep the premises open to the public at least a minimum of 68 hours per week according to the following standard business hours--continuously from: 11:00 A.M.to 9:00 P.M. Monday through Thursday 11:00 A.M.to 10:00 P.M. Friday and Saturday 12:00 Noon to 6:00 P.M. Sunday A penalty of$100.00 shall be assessed for each occasion Iescee is closed during these hours. Such penalty shall be due as additional rent. In addition,failure to be open during required hours on three or more times in one month totaling three hours or more without adequate written explanation deposited at 511 So. 11th St.within five(5)days shall be deemed as failure to occupy the premises continuously and a sum equal to 50%of the monthly rental shall be stipulated as liquidated damages plus court costs and reasonable attorney's fees for collection of said sum,notwithstanding the stipulation in Paragraph 14. If such failure to keep open should continue for three(3)months or more,then the Lessor may,at his sole option,cancel this lease and terminate the tenancy hereby granted. 34. lecsee will keep his store windows lit every day until 1:00 A.M. 35. PERCENTAGE RENT: In addition to the minimum of *See Paragraph 2 dollars per month,percentage rent shall be due as follows: Lessee shall pay within thirty(30)days of the end of the month,Four percent(4%)of gross sales in excess of $30,980.00 made in that month. This figure shall be adjusted annually in proportion to the increase in the Consumer Price Index-All Urban Consumers. "Gross sales" are defined as the total of all sales or business conducted and the charges for all services rendered in,at,on or from the premises by the I e_cser at retail or wholesale for cash or credit,less the selling price of all goods returned by customers,if the selling price of the returned goods has been included. Gross sales does not include sums representing the sales tax imposed by the State of Nebraska and the City of Omaha on sales effected by Lessee at its premises and collected by Lessee from purchasers. Lessee shall furnish to the I ecsor a copy of the monthly sales tax return to the State of Nebraska at the time such return is filed,together with the payment of any additional sum which may be due. In addition,the Lessor reserves the right to audit the Lessee's books in order to determine,after the end of the year,the amount of rent due under this lease. Page-6 of 8 terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 ~ PLANNING DEPARTMENT REPORT DATE: JUNE 18, 2009 DUE DATE Ekke18;2009 09 JU CITY COUNCIL HRG NNE 30, 911U 9: 4 3 LOCATION: 1002-04 HOWARD STREET Q MA Cr Aj r. 'r t i;;; LEGAL DESCRIPTION: ADDITION OF AN IRREGULAR SHAPED BEER GARDEN APPROX. 24' X 9' TO THE EAST APPLICANT: ABCO CORPORATION, DBA "MISTER TOAD" 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) .11/ DOES NOT 0 PERTAIN TO AN OUTSIDE AREA 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. (t9 F thin last 24 months) EXISTI► ZONING: EXITING LAND USE: -A )As2 ADJA ENT LAND SE ZONING: --� N, °I .:p,�i� P") -s eS--nrz t c.,T 06 0 s ._.a° 170-44 u S t rv.eSS ) j ST2 c.c.� (o1: • s 2 k i.m-1 c+��ss 1 S`t-2c c-t- �F./D WES ap...-1 d )4•6tis►(.S2Ss LSPZI� c. e8D PARKING STALLS PROVIDED: SeL SS' 75 .1)&TQ«\ 1 , —f t EXISTING USE DOES( ) DOES NOT( )COMPLY WITH ZO NG REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S WITH 'T0` S MEN'S ('31v'2 — -"Yoo 1 6 N B i mA-( , DATE SUBJECT PROPERTY WAS POSTED: • Lo r 1 8 o- (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: C,,i DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: b(1.---- (State Law) DISTANCE OF PR'g POSE—D LICENSE TO ANY CHURCH SCHOOL (°) I SPITAL IS lL— FIOME FOR THE AGED,INDIGENT OR VETERANS OY'- —COLLEGE OR UNIVERSITY h1/4-/ f'"'D C22. o7 (D (Authorized Signature) (Date) contained in this subparagraph c shall be construed to impose any other or greater liability upon either Lessor or Lessee than would have existed in the absence of this paragraph. 32. Lessee agrees to comply with all laws,Hiles,regulations,orders and ordinances of governmental authority respecting the demised premises which are now in force and all ordinances which may hereafter be enacted during the term of Lessee's tenancy. Lessee is responsible for any breaches of its employees. 33. HOURS OF OPENING: It is further agreed and understood that the Lessee will keep the premises open to the public at least a minimum of 68 hours per week according to the following standard business hours--continuously from: 11:00 A.M.to 9:00 P.M. Monday through Thursday 11:00 A.M.to 10:00 P.M. Friday and Saturday 12:00 Noon to 6:00 P.M. Sunday A penalty of$100.00 shall be assessed for each occasion Iescee is closed during these hours. Such penalty shall be due as additional rent. In addition,failure to be open during required hours on three or more times in one month totaling three hours or more without adequate written explanation deposited at 511 So. 11th St.within five(5)days shall be deemed as failure to occupy the premises continuously and a sum equal to 50%of the monthly rental shall be stipulated as liquidated damages plus court costs and reasonable attorney's fees for collection of said sum,notwithstanding the stipulation in Paragraph 14. If such failure to keep open should continue for three(3)months or more,then the Lessor may,at his sole option,cancel this lease and terminate the tenancy hereby granted. 34. lecsee will keep his store windows lit every day until 1:00 A.M. 35. PERCENTAGE RENT: In addition to the minimum of *See Paragraph 2 dollars per month,percentage rent shall be due as follows: Lessee shall pay within thirty(30)days of the end of the month,Four percent(4%)of gross sales in excess of $30,980.00 made in that month. This figure shall be adjusted annually in proportion to the increase in the Consumer Price Index-All Urban Consumers. "Gross sales" are defined as the total of all sales or business conducted and the charges for all services rendered in,at,on or from the premises by the I e_cser at retail or wholesale for cash or credit,less the selling price of all goods returned by customers,if the selling price of the returned goods has been included. Gross sales does not include sums representing the sales tax imposed by the State of Nebraska and the City of Omaha on sales effected by Lessee at its premises and collected by Lessee from purchasers. Lessee shall furnish to the I ecsor a copy of the monthly sales tax return to the State of Nebraska at the time such return is filed,together with the payment of any additional sum which may be due. In addition,the Lessor reserves the right to audit the Lessee's books in order to determine,after the end of the year,the amount of rent due under this lease. Page-6 of 8 terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 ADDITION REQUEST DATE: JUNE 18, 2009 APPLICANT: ABCO CORPORATION, DBA "MISTER TOAD" LICENSED LOCATION: 1002-04 HOWARD STREET PERSON PROVING INFORMATION ON BEHALF OF THE APPLICANT: TIM ABARIOTES, MANAGER REQUESTING: c-1/4,61)-ej 10-e •tP , //V BY: CARMAN JOHNSON, LIQUOR CLERK • rn j 0 / \ O� q ^ate 7 0 5 0, ' PLUS OUTDOOR AREA APPROX 30'X 36'TO THE SOUTH OFFICERS: MGR-TIM ABARIOTES, 668 NORTH 55TH STREET, 68132 (H) 553-8890 * PRES/SECR/TREAS-ARISTIDES ABARIOTES (H) 551-9458, TIM -(H) 553-8890©639-6740 * **(OLD-2009-MGR-ARISTIDES ABARIOTES) . Kt, 'Oq M 11111111 YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER FROM TO it ' s old. ffef € Form 3c Page 2 oo 00 IN Ow pA 1 • g Ot n 3 O • • P a cn b...+ eYa`7,' c;i W i ark= s„ a. i. • y'fi :...k W • , rF Sai. . •g.. I r►. :,; .7.. j / \ \-‘ . co• ''))O� O 1 ,. 0, ' PLUS OUTDOOR AREA APPROX 30'X 36'TO THE SOUTH OFFICERS: MGR-TIM ABARIOTES, 668 NORTH 55TH STREET, 68132 (H) 553-8890 * PRES/SECR/TREAS-ARISTIDES ABARIOTES (H) 551-9458, TIM -(H) 553-8890©639-6740 * **(OLD-2009-MGR-ARISTIDES ABARIOTES) . Kt, 'Oq M 11111111 YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER FROM TO it ' s old. ffef € Form 3c Page 2 rx�' ---- VI I I VI ,,, „-, / - - - PLANNING DEPARTMENT JUN 02.00 PERMITS & INSPECTION DIVISION -5. �% %', LEASE APPLICATION NEBRASKq LICIvPR MISSION (See Reverse Side for A,dditional Information) • In al:3Q-� omCO Mpleting this form, the applicant must provide the following: 1. A dimensioned drawing of the land to be used. This drawing must include all existing improvements or -city property, i.e. curb, sign, posts, fire hydrants, etc., and the location of the property line. Show the ares (length and width) of City property to be leased. 2. Any other information requested by the Planning Department, and/or the Public Works Departmen necessary to evaluate the proposed use. . 3. Application fee of$100.00. (Fee not refundable.) • 4. Bond (if required - see back) , e : Street Address of private property adjacent to leased property G' L �� i t t�/G _ Legal Description of the private"property_(,( 7'y 11) 1 ._� I- O 0O O C )/0tJC 00I5 •F 7a .'. - �. Private Property Owner'/ err el JiI( JV4d __, „ �,.: % ��-�cfi:) - �� / /7/., (Name) / // (Address) (Phone) / Applicant /7�/S r/✓de5 / 4iv1 i-c . l�%/�) ///)./' 41ic% S /0 02 /1-/c)L,..0�4 .Qf 1/g yi (If not properly owner) (Name) (Address) (Daytime Phone) Description of Intended Use 5 L 4 . CUr\-S 0 7 'iv 0i AL(G%ivUC /0/\*) 4/0.v -A: (G)J(l/1 c 6-"!lei ar /r' • • AA) (6kTi4u04..„ icaii..064 /Iti • / -o 41. Lr` C .4- --• • • If application is for Radio/Phone Tower complete the following: • Replacement of existing pole Y N If replacement, height of existing pole . Ground space,required if greater than 3 Sq. Ft. Pole height to top of antenna =7/i/0 c . ___L- . .,. '------T7-- • . . Date SigrialUnp C , // / -- %`!%. . ,(..-.- / j •-/. • Date Adjacent Private Property Owner Signature c'-� i: ) l FOR OFFICE USE ONLY . e APPROVED � • . ' IAPPROVED - ) DENIE ( ) ,DrNIED , , • " _____ . 2 lit ,n , .., ,,,,,_,, ,_, : . 1.1 (4 , . . :,/ „: ,/,, Planning ire tor - • Date '' Public Works Director/' Date CITY COUNCIL APPROVAL REQUIRED Y N ( . APPROVED CITY COUNCIL RESOLUTION # • S ( ) DENIED DATE PASSED • ANNUAL LEASE FEE $ DATE LEASE ESTABLISHED S Other Applicable Director . Date BY • (FINANCE DEPT.) . 1 Saturday 12:00 Noon to 6:00 P.M. Sunday A penalty of$100.00 shall be assessed for each occasion Iescee is closed during these hours. Such penalty shall be due as additional rent. In addition,failure to be open during required hours on three or more times in one month totaling three hours or more without adequate written explanation deposited at 511 So. 11th St.within five(5)days shall be deemed as failure to occupy the premises continuously and a sum equal to 50%of the monthly rental shall be stipulated as liquidated damages plus court costs and reasonable attorney's fees for collection of said sum,notwithstanding the stipulation in Paragraph 14. If such failure to keep open should continue for three(3)months or more,then the Lessor may,at his sole option,cancel this lease and terminate the tenancy hereby granted. 34. lecsee will keep his store windows lit every day until 1:00 A.M. 35. PERCENTAGE RENT: In addition to the minimum of *See Paragraph 2 dollars per month,percentage rent shall be due as follows: Lessee shall pay within thirty(30)days of the end of the month,Four percent(4%)of gross sales in excess of $30,980.00 made in that month. This figure shall be adjusted annually in proportion to the increase in the Consumer Price Index-All Urban Consumers. "Gross sales" are defined as the total of all sales or business conducted and the charges for all services rendered in,at,on or from the premises by the I e_cser at retail or wholesale for cash or credit,less the selling price of all goods returned by customers,if the selling price of the returned goods has been included. Gross sales does not include sums representing the sales tax imposed by the State of Nebraska and the City of Omaha on sales effected by Lessee at its premises and collected by Lessee from purchasers. Lessee shall furnish to the I ecsor a copy of the monthly sales tax return to the State of Nebraska at the time such return is filed,together with the payment of any additional sum which may be due. In addition,the Lessor reserves the right to audit the Lessee's books in order to determine,after the end of the year,the amount of rent due under this lease. Page-6 of 8 terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 sus ( �� City ofOmaha, fPsfebraskg � i 1819 Farnam—Suite LC 1 2 i�1.wOmaha, Nebraska 68183-0112 0 -�' ' ' Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 OR4TFD FE�R‘ A4h June 18, 2009 ABCO Corporation Application for an addition to your present Class Dba"Mister Toad" "C" Liquor License location to an irregular shaped 1002-04 Howard Street beer garden approx. 24' x 9' 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 30, 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, / eS f/7;9,14, Buster Brown City Clerk BJB:clj g pole . Ground space,required if greater than 3 Sq. Ft. Pole height to top of antenna =7/i/0 c . ___L- . .,. '------T7-- • . . Date SigrialUnp C , // / -- %`!%. . ,(..-.- / j •-/. • Date Adjacent Private Property Owner Signature c'-� i: ) l FOR OFFICE USE ONLY . e APPROVED � • . ' IAPPROVED - ) DENIE ( ) ,DrNIED , , • " _____ . 2 lit ,n , .., ,,,,,_,, ,_, : . 1.1 (4 , . . :,/ „: ,/,, Planning ire tor - • Date '' Public Works Director/' Date CITY COUNCIL APPROVAL REQUIRED Y N ( . APPROVED CITY COUNCIL RESOLUTION # • S ( ) DENIED DATE PASSED • ANNUAL LEASE FEE $ DATE LEASE ESTABLISHED S Other Applicable Director . Date BY • (FINANCE DEPT.) . 1 Saturday 12:00 Noon to 6:00 P.M. Sunday A penalty of$100.00 shall be assessed for each occasion Iescee is closed during these hours. Such penalty shall be due as additional rent. In addition,failure to be open during required hours on three or more times in one month totaling three hours or more without adequate written explanation deposited at 511 So. 11th St.within five(5)days shall be deemed as failure to occupy the premises continuously and a sum equal to 50%of the monthly rental shall be stipulated as liquidated damages plus court costs and reasonable attorney's fees for collection of said sum,notwithstanding the stipulation in Paragraph 14. If such failure to keep open should continue for three(3)months or more,then the Lessor may,at his sole option,cancel this lease and terminate the tenancy hereby granted. 34. lecsee will keep his store windows lit every day until 1:00 A.M. 35. PERCENTAGE RENT: In addition to the minimum of *See Paragraph 2 dollars per month,percentage rent shall be due as follows: Lessee shall pay within thirty(30)days of the end of the month,Four percent(4%)of gross sales in excess of $30,980.00 made in that month. This figure shall be adjusted annually in proportion to the increase in the Consumer Price Index-All Urban Consumers. "Gross sales" are defined as the total of all sales or business conducted and the charges for all services rendered in,at,on or from the premises by the I e_cser at retail or wholesale for cash or credit,less the selling price of all goods returned by customers,if the selling price of the returned goods has been included. Gross sales does not include sums representing the sales tax imposed by the State of Nebraska and the City of Omaha on sales effected by Lessee at its premises and collected by Lessee from purchasers. Lessee shall furnish to the I ecsor a copy of the monthly sales tax return to the State of Nebraska at the time such return is filed,together with the payment of any additional sum which may be due. In addition,the Lessor reserves the right to audit the Lessee's books in order to determine,after the end of the year,the amount of rent due under this lease. Page-6 of 8 terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 ‘.3y/(1 /7 e_f ,/ /X,°'jf NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that ABCO CORPORATION DBA "MISTER TOAD" . has applied for an ADDITION TO THEIR PRESENT CLASS "C" LIQUOR LICENSE LOCATION IOn and Off Sale beer,wine and liquor] TO ADD AN IRREGULAR SHAPED BEER GARDEN APPROX 24' X 9' TO THE EAST located at 1002-04 HOWARD STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 30, 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. 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, / eS f/7;9,14, Buster Brown City Clerk BJB:clj g pole . Ground space,required if greater than 3 Sq. Ft. Pole height to top of antenna =7/i/0 c . ___L- . .,. '------T7-- • . . Date SigrialUnp C , // / -- %`!%. . ,(..-.- / j •-/. • Date Adjacent Private Property Owner Signature c'-� i: ) l FOR OFFICE USE ONLY . e APPROVED � • . ' IAPPROVED - ) DENIE ( ) ,DrNIED , , • " _____ . 2 lit ,n , .., ,,,,,_,, ,_, : . 1.1 (4 , . . :,/ „: ,/,, Planning ire tor - • Date '' Public Works Director/' Date CITY COUNCIL APPROVAL REQUIRED Y N ( . APPROVED CITY COUNCIL RESOLUTION # • S ( ) DENIED DATE PASSED • ANNUAL LEASE FEE $ DATE LEASE ESTABLISHED S Other Applicable Director . Date BY • (FINANCE DEPT.) . 1 Saturday 12:00 Noon to 6:00 P.M. Sunday A penalty of$100.00 shall be assessed for each occasion Iescee is closed during these hours. Such penalty shall be due as additional rent. In addition,failure to be open during required hours on three or more times in one month totaling three hours or more without adequate written explanation deposited at 511 So. 11th St.within five(5)days shall be deemed as failure to occupy the premises continuously and a sum equal to 50%of the monthly rental shall be stipulated as liquidated damages plus court costs and reasonable attorney's fees for collection of said sum,notwithstanding the stipulation in Paragraph 14. If such failure to keep open should continue for three(3)months or more,then the Lessor may,at his sole option,cancel this lease and terminate the tenancy hereby granted. 34. lecsee will keep his store windows lit every day until 1:00 A.M. 35. PERCENTAGE RENT: In addition to the minimum of *See Paragraph 2 dollars per month,percentage rent shall be due as follows: Lessee shall pay within thirty(30)days of the end of the month,Four percent(4%)of gross sales in excess of $30,980.00 made in that month. This figure shall be adjusted annually in proportion to the increase in the Consumer Price Index-All Urban Consumers. "Gross sales" are defined as the total of all sales or business conducted and the charges for all services rendered in,at,on or from the premises by the I e_cser at retail or wholesale for cash or credit,less the selling price of all goods returned by customers,if the selling price of the returned goods has been included. Gross sales does not include sums representing the sales tax imposed by the State of Nebraska and the City of Omaha on sales effected by Lessee at its premises and collected by Lessee from purchasers. Lessee shall furnish to the I ecsor a copy of the monthly sales tax return to the State of Nebraska at the time such return is filed,together with the payment of any additional sum which may be due. In addition,the Lessor reserves the right to audit the Lessee's books in order to determine,after the end of the year,the amount of rent due under this lease. Page-6 of 8 terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided,except that the minimum rent shall be reduced in proportion to the amount of the premises taken. All damages awarded for such taking shall belong to and be the property of the Lessor,including such damages as shall be awarded as compensation for diminution in value to the leasehold,provided,however,that the Lessor shall not be entitled to any portion of the award made to the J r-ssee. 22. EXPLANATORY PROVISION: The words"Lessor"and"lessee"shall be taken to include and be binding upon the parties hereto and their respective heirs,executors,administrators,successors and assigns,and shall be taken in the plural sense,whenever the context requires,and all pronouns used herein and referring to said parties shall be construed accordingly,regardless of the number or gender thereof. Headings of the various paragraphs herein are inserted merely as a matter of convenience and for reference and shall Page-4 of 8 any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance,subject to the limitations that this waiver shall apply only when permitted by the applicable policy of insurance. 10. PERSONAL PROPERTY AT RISK OF LESSEE: All personal property in the leased premises shall be at the risk of the Lessee only and the Lessor shall not be or become liable for any damage to said personal property,to said premises Page-2 of 8 N. \y CD 1 N rn' orh. o oo C7 \ o o ? v)o A • k a9. •e o o 0 kg: r---:° w.,,i - 0 P tgi: Ill Li ('� -CDs - v) - g] o u et o (_5 N N 1 ,. 0, ' PLUS OUTDOOR AREA APPROX 30'X 36'TO THE SOUTH OFFICERS: MGR-TIM ABARIOTES, 668 NORTH 55TH STREET, 68132 (H) 553-8890 * PRES/SECR/TREAS-ARISTIDES ABARIOTES (H) 551-9458, TIM -(H) 553-8890©639-6740 * **(OLD-2009-MGR-ARISTIDES ABARIOTES) . Kt, 'Oq M 11111111 YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMBER FROM TO it ' s old. ffef € Form 3c Page 2 Page 1 of 1 Johnson, Carman (CCIk) From: MrTode@aol.com Sent: Thursday, June 18, 2009 10:20 AM To: Johnson, Carman (CCIk) Subject: Re: Fencing waiver request I Tim Abariotes, as representative for ABCO Corporation dba Mister Toad(1002 Howard, Omaha) request a waiver of the 6 foot beer garden fencing requirement of a 4 foot sidewalk cafe fencing. Our request is due to the fact that our establishment is located in the historical area in the Old Market and located in a commercial area. A six foot fence would not comply with existing codes established for the Historical District. Tim Abariotes (402)639-6740 Dell Days of Deals! June 15-24 -A New Deal Everyday! • 6/18/2009 i W .-r •• N O w 0 tri 5. P rli o O O ON P- m P 0 0 O O d P+ 5.N a,8 � O 0 , - 0 - \ pa 'fti :— 0 i-t r") \ ,o CD �� Po n CD p nq '0 0 . •VI C1/ 0 O O CD . _ C " . 0 0 0 - o •, o x P O p N cal District. Tim Abariotes (402)639-6740 Dell Days of Deals! June 15-24 -A New Deal Everyday! • 6/18/2009