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RES 2008-1329 - Additio of sidewalk café to The Drafthouse • ;_�-;74s N Cfj �' ! w'r : `. - STATE OF NEBRASKA if Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION �ii�� o ..'•i' ;v - ,' Governor r 4 r l - Hobert B. Rupe Stir __=" W i 6 J C� Executive Director/ 301 Centennial Mall South,5th Floor September 9.,,/2008. • P.O.Box 95046 ' Lincoln,Nebraska 68509-5046 OMAHA CITY CLERK Phone(402)471 2571 Fax(402)471-2814 • TRS USER 800 833-7352('I•I'Y) 1819 FARNAM STREET , SUITE LC-1 web address:http://www.lcc.ne.gov/ OMAHA NE 68183 DRAFTHOUSE INC DBA DRAFTHOUSE • Liquor License # I-67032 Dear Clerk • • • The above licensee has requested a/an ADDITION: TO: 1201 S 180TH STREET OMAHA NE 68130/ DOUGLAS COUNTY Adding: SIDEWAK CAFÉ APPROX 42' X 27' 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 GyfLitiwiL, Tami Applebee Licensing Division Cc: file Rhonda R. Flower Bob Logsdon Robert Batt Commissioner Chairman Comm issoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper KELLEY, JERRAM Et KOHOUT, P. C. , L. L.O. 7134 PACIFIC STREET MICHAEL A. KELLEY(NE) OMAHA, NEBRASKA 88106 LINCOLN OFFICE CHRISTOPHER D. JERRAM (NE, MO& KS) TELEPHONE (402) 397-1898 625 SOUTH 14TH STREET, SUITE B JOSEPH D. KOHOUT(NE) FACSIMILE (402) 397-1293 LINCOLN. NEBRASKA 68508 TOM KELLEY(1819-1989) www.kelleyjerramkohoutcom TELEPHONE(402) 474-2303 FACSIMILE (402)474-4052 MISSOURI OFFICE 658 BAYBERRY LANE, SUITE 105 September 11, 2008 LEE'S SUMMIT, MISSOURI 84064 TELEPHONE (816) 472-4629 Ms.Carman Johnson Office of the City Clerk f- O 7r1 1819 Farnam Street, Ste. LC1 (- Omaha,NE 68183 4, ' `l rci ra Re: The Draft House—Addition to Licensed Premise = a _:A) Dear Carman: This letter is to correct the address typed incorrectly on the Application for Addition to Liquor License recently submitted by the Draft House. The correct address should be 1203 South 180th Street, Omaha,Nebraska. If you have any questions, please give me a call. Sincere ger G ilf yle / sista �6 Mic el A. Kelle cc: Tami Applebee (402)471-2814 n Comm issoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper Nebraska Liquor Control Commission Page 1 of 2 mitiOfficiai Nebraska Government Website FownInzelrert a 0 R 1 _ CO N T R`.0 L O !f I strOI v � Menu -License Information Number: 67032 Suspended Date: 01/23/2006 Home Category: Retail Suspended Days: Ownership: Corporation Expiration Date: 04/30/2009 Commission Info Class: I Type of Beverages: Exemptions: Enforcement -Trade Information Trade Name DRAFTHOUSE,THE Forms& Publications Trade Address 1 1201 S 180 STREET City,State,Zip Code OMAHA,NE 68130 Legal County 01 Individual Applicant Information Licensing Name: NEITFELDT,RODNEY] -Corporate Applicant Information- — Online Services Corporation: THE DRAFT HOUSE,INC Address 1: 1201 S 180 STREET Wholesale Info Address 2: SUITE#1203 City,State,Zip Code OMAHA,NE 68130 Beer Info Troop ID Troop A Registered Agent KROEGER,MARK Spirit/Wine Info Bond Information — Company: Start Date: Revenue/Audit Division Number: Cancel Date: Restrictions: Search Licensees -Partner Information Training -Partner 1 — -Partner 2 Name: NEITFELDT,RODNEY I Name: KROEGER,MARK Title: PRESIDENT Title: SEC/TRE `C--' Shares: 0000000500 Shares: 0000000500 Links -------.-.---------- ---- -Description ONE STORY BUILDING APPROX 49 X 77 LOCATED IN THE SPRING RIDGE PLAZA SHOPPING CENTER -History Description: NEW APPLICATION Date Effective: 02/07/2005 Description: STATUTORY TIME Date Effective: 02/10/2005 Description: OK ISSUE DIR Date Effective: 02/11/2005 Description: NO LOC DECISION Date Effective: 03/10/2005 Description: AG.APPROVE Date Effective: 03/15/2005 Description: INV.REV.FINAL Date Effective: 03/17/2005 Description: FIRE APPROVE Date Effective: 03/30/2005 Description: MISC.DOCUMENT Date Effective: 03/31/2005 Description: ISSUE LICENSE Date Effective: 03/31/2005 Description: CLK LTR LIC PKP Date Effective: 04/01/2005 Description: RENEW APP. Date Effective: 04/01/2005 Description: SALE AFTER HOUR Date Effective: 06/20/2005 Description: ENF.INSPEC. Date Effective: 09/26/2005 Description: ENF.WARNING Date Effective: 09/26/2005 Description: CITE Date Effective: 11/30/2005 Description: SUSPEND LICENSE Date Effective: 12/15/2005 Description: PAY FINE Date Effective: 01/03/2006 • Description: RENEW APP. Date Effective: 04/04/2006 Description: ENF.INSPEC. Date Effective: 04/18/2006 Description: ADDN CHG FILE Date Effective: 06/23/2006 Description: MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 Nebraska Liquor Control Commission Page 2 of 2 Dss iptto -eff 2-2/S007 Description: MISC.DOCUMENT Date Effective: 01/20/2007 Description: RENEW APP. Date Effective: 02/23/2007 Description: RENEW APP. Date Effective: 03/20/2008 Description: DISTURBANCE Date Effective: 04/13/2008 Description: ADDN CHG FILE Date Effective: 05/05/2008 Description: AG.APPROVE Date Effective: 05/28/2008 Description: INV.REV.FINAL Date Effective: 06/12/2008 Description: LOCAL DENY Date Effective: 06/18/2008 Description: MISC.DOCUMENT Date Effective: 06/20/2008 Description: 'DO NOT RENEW' Date Effective: 08/06/2008 Description: NO ACTION Date Effective: 08/15/2008 Description: ADDN CHG FILE Date Effective: 09/09/2008 Nebraska Liquor Control Commission Phone: (402) 471-2571 301 Centennial Mall South Fax: (402) 471-2814 PO Box 95046 General E-mail: Lincoln, NE 68509-5046 mary.messman@nebraska.gov Online Comment Form Security Policy Privacy Policy http://www.lcc.ne.gov/license_search/licsearch.cgi 9/11/2008 sees -Partner Information Training -Partner 1 — -Partner 2 Name: NEITFELDT,RODNEY I Name: KROEGER,MARK Title: PRESIDENT Title: SEC/TRE `C--' Shares: 0000000500 Shares: 0000000500 Links -------.-.---------- ---- -Description ONE STORY BUILDING APPROX 49 X 77 LOCATED IN THE SPRING RIDGE PLAZA SHOPPING CENTER -History Description: NEW APPLICATION Date Effective: 02/07/2005 Description: STATUTORY TIME Date Effective: 02/10/2005 Description: OK ISSUE DIR Date Effective: 02/11/2005 Description: NO LOC DECISION Date Effective: 03/10/2005 Description: AG.APPROVE Date Effective: 03/15/2005 Description: INV.REV.FINAL Date Effective: 03/17/2005 Description: FIRE APPROVE Date Effective: 03/30/2005 Description: MISC.DOCUMENT Date Effective: 03/31/2005 Description: ISSUE LICENSE Date Effective: 03/31/2005 Description: CLK LTR LIC PKP Date Effective: 04/01/2005 Description: RENEW APP. Date Effective: 04/01/2005 Description: SALE AFTER HOUR Date Effective: 06/20/2005 Description: ENF.INSPEC. Date Effective: 09/26/2005 Description: ENF.WARNING Date Effective: 09/26/2005 Description: CITE Date Effective: 11/30/2005 Description: SUSPEND LICENSE Date Effective: 12/15/2005 Description: PAY FINE Date Effective: 01/03/2006 • Description: RENEW APP. Date Effective: 04/04/2006 Description: ENF.INSPEC. Date Effective: 04/18/2006 Description: ADDN CHG FILE Date Effective: 06/23/2006 Description: MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 Ili,, ] • APPLICATION FOR ADDITION y' TO LIQUOR LICENSE t Use t_. 1►' is NEBRASKA LIQUOR CONTROL COMMISSION 0 301 CENTENNIAL MALL SOUTH �C� V J t" PO BOX 95046 LINCOLN,NE 68509-So46 NEBRASKA LIQUOR PHONE:(402)471,2571 CONTROL COMMISSION FAX:(402)471 2814 websita www.icc.nc.¢ov 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 167032 [ HE DRAFTHOUSE INC LICENSEE NAME , . TRADE NAME THE DRAFTHOUSE PREMISE ADDRESS] 1201 S.180TH STREET OMAHA,DOUGLAS COUNTY,NEBRASKA 9. CONTACT PERSON MARK KROEGER PHONE NUMBER OF CONTACT PERSON (402)884-2845 *e 7 //S /Jwy 7 N /1/dtra L•NTAi/N 74' .G'/7/1./Af2/74 bf O/y7edretb* Complete the following questions: 1) Are you adding on to your building? ® Yes L No. • Include a sketch of the area to be added showing: o existing building o outside dimensions(in feet) o direction.north 2) Are you adding an:outdoor area? I 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 anti 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 includk,but we not restricted to sand volleyball,horseshoe.pits...) ak;46 ) 3.5 45-mm 0800017214 tion: FIRE APPROVE Date Effective: 03/30/2005 Description: MISC.DOCUMENT Date Effective: 03/31/2005 Description: ISSUE LICENSE Date Effective: 03/31/2005 Description: CLK LTR LIC PKP Date Effective: 04/01/2005 Description: RENEW APP. Date Effective: 04/01/2005 Description: SALE AFTER HOUR Date Effective: 06/20/2005 Description: ENF.INSPEC. Date Effective: 09/26/2005 Description: ENF.WARNING Date Effective: 09/26/2005 Description: CITE Date Effective: 11/30/2005 Description: SUSPEND LICENSE Date Effective: 12/15/2005 Description: PAY FINE Date Effective: 01/03/2006 • Description: RENEW APP. Date Effective: 04/04/2006 Description: ENF.INSPEC. Date Effective: 04/18/2006 Description: ADDN CHG FILE Date Effective: 06/23/2006 Description: MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 1 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a ve ma eM fence.wall.sailing.rope or chain defining the licensed area,provided that one open entrance not to exceed eight(8)feet • shall be allowed. What type of permanent fencing will you be usin y IRON FENCING CURRENTLY INSTALLED 1 • Include a sketch of the area to be added showing: o existing building o outside dimensions(in feet) • . o direction north • .gr-o Print Name Signature • • • • Signs of nsee or Officer State of Nebraska County of 'Doll The forgoing instrument was acknowledge before me this �gYala!y r 8 ,.9DD�n Date [.)11-11 • No Pub ignatnre 4 i Seal Hare GENERAL NOTARY.State of Nebraska MEEGAN THIBODEAU My Comm.Exp.Aug.6,2011 2 (402)884-2845 *e 7 //S /Jwy 7 N /1/dtra L•NTAi/N 74' .G'/7/1./Af2/74 bf O/y7edretb* Complete the following questions: 1) Are you adding on to your building? ® Yes L No. • Include a sketch of the area to be added showing: o existing building o outside dimensions(in feet) o direction.north 2) Are you adding an:outdoor area? I 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 anti 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 includk,but we not restricted to sand volleyball,horseshoe.pits...) ak;46 ) 3.5 45-mm 0800017214 tion: FIRE APPROVE Date Effective: 03/30/2005 Description: MISC.DOCUMENT Date Effective: 03/31/2005 Description: ISSUE LICENSE Date Effective: 03/31/2005 Description: CLK LTR LIC PKP Date Effective: 04/01/2005 Description: RENEW APP. Date Effective: 04/01/2005 Description: SALE AFTER HOUR Date Effective: 06/20/2005 Description: ENF.INSPEC. Date Effective: 09/26/2005 Description: ENF.WARNING Date Effective: 09/26/2005 Description: CITE Date Effective: 11/30/2005 Description: SUSPEND LICENSE Date Effective: 12/15/2005 Description: PAY FINE Date Effective: 01/03/2006 • Description: RENEW APP. Date Effective: 04/04/2006 Description: ENF.INSPEC. Date Effective: 04/18/2006 Description: ADDN CHG FILE Date Effective: 06/23/2006 Description: MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 , . ‘.\\ . . , , •\) 11.1"1.:, ,.:i 'V til.) . • ---\_, --x. SEP 0 2n: 14 t.... NEBRASKA LiOUOR RI ), I CONTROL COMMiSSION ...... ,ii......_ • , , 4 ....1....i . A 44 t % • 'A N bb . V .4• I..... . at. . ga. ...... N, • -..,. 41".......1, A ' . "NI , . , I • 1 • - k. . . • ''... ',.. -N N,..•.‘-c-) .\s. 1't • %<' • i • I-V.: . • . .. . • • .... ,, • •. • . . . . , . •• 1.... .S1 V \-14 Ckt• . tr \:174iP 8/ 5 E 0 e.Y • W a g / . ‘ L 1..d , 17/79SAV7M7 'ow Aoue6v le6eoN • dq 1.7n an Ln Aevo ug.6,2011 2 (402)884-2845 *e 7 //S /Jwy 7 N /1/dtra L•NTAi/N 74' .G'/7/1./Af2/74 bf O/y7edretb* Complete the following questions: 1) Are you adding on to your building? ® Yes L No. • Include a sketch of the area to be added showing: o existing building o outside dimensions(in feet) o direction.north 2) Are you adding an:outdoor area? I 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 anti 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 includk,but we not restricted to sand volleyball,horseshoe.pits...) ak;46 ) 3.5 45-mm 0800017214 tion: FIRE APPROVE Date Effective: 03/30/2005 Description: MISC.DOCUMENT Date Effective: 03/31/2005 Description: ISSUE LICENSE Date Effective: 03/31/2005 Description: CLK LTR LIC PKP Date Effective: 04/01/2005 Description: RENEW APP. Date Effective: 04/01/2005 Description: SALE AFTER HOUR Date Effective: 06/20/2005 Description: ENF.INSPEC. Date Effective: 09/26/2005 Description: ENF.WARNING Date Effective: 09/26/2005 Description: CITE Date Effective: 11/30/2005 Description: SUSPEND LICENSE Date Effective: 12/15/2005 Description: PAY FINE Date Effective: 01/03/2006 • Description: RENEW APP. Date Effective: 04/04/2006 Description: ENF.INSPEC. Date Effective: 04/18/2006 Description: ADDN CHG FILE Date Effective: 06/23/2006 Description: MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 411° ' •I:7 fin �C ,' 1.;v • r'F'�'r h^v,�U C UOR �� Ii SPRING RIDGE PLAZACONT�'C� :'[�iViiviiSiON LEASE • THIS LEASE(Lease) is made and entered into this 6Ih day of Decemberk2004, $j between Spring Ridge Plaza, LLC, (Landlord) and The Dratthouse, Inc..(Tenant), upon following terms and conditions: ,' '�; 2_ 2003 ARTICLE, • I ,P : 0.• t r:: • FUNDAMENTAL LEASE PROVISIONS _`fp y' Each of the following subparagraphs is individually referred to in this Lease as a (Fundamental Lease Provision) and is contained in this paragraph for convenience. Each reference in this Lease to a Fundamental Lease Provision shall be construed to incorporate all of the terms of such Fundamental Lease Provision. In the event of any conflict between a ' Fundamental Lease Provision and any other provision of this Lease, such other provision shall •govern. sr.; • • I. :., ' t• : , to (a) Landlord: Spring Ridge Plaza, LLC . ' (b) Landlord's Address for Notices and Rent Payment: . Coidwell BankerR.k.Iopunercial World Group 362 North.11 a gigot Omaha, NE 68154 (c) Tenant: The Drafthouse, Inc. (d) Tenant's Address for Notices: 5920 F Street attn. Mark Kroeger Omaha. Nebraska 68117 � • (e) Tenant's Trade Name:The Drafthouse • (t) Address of Premises: 1203 South 180'Street, Omaha, NE 68130, ' Douglas County, (Premises) '(g) Name and Address of Shopping Center Development:Spring Ridge Plaza Shopping,_. Comet,a multi-tenant commercial property,consisting of several buildings located at 17840 Pierce Plaza,also known as Imagination Station, 17908 Pierce Plaza,also known as Imagination Station, 17819-17931•Pierce Plaza, 1105- 1129 South 180" Street, 1203 - 1223 South 180e Street, 1703 South 179' Street, also known as Baristas, Omaha NE, 68130, Douglas County • • 1 05 505. <, Description: CLK LTR LIC PKP Date Effective: 04/01/2005 Description: RENEW APP. Date Effective: 04/01/2005 Description: SALE AFTER HOUR Date Effective: 06/20/2005 Description: ENF.INSPEC. Date Effective: 09/26/2005 Description: ENF.WARNING Date Effective: 09/26/2005 Description: CITE Date Effective: 11/30/2005 Description: SUSPEND LICENSE Date Effective: 12/15/2005 Description: PAY FINE Date Effective: 01/03/2006 • Description: RENEW APP. Date Effective: 04/04/2006 Description: ENF.INSPEC. Date Effective: 04/18/2006 Description: ADDN CHG FILE Date Effective: 06/23/2006 Description: MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 • • . i • (it) Approximate Number of Square Feet in Premises: 3,963 (i) Number of Years in Lease Term: Seven(7) Years and Two Hundred Ten(210) Days • (j) • Annual Base Rent Per Square Foot;Months 1-3,$00.00;Year 1, $15,00;Year 2, • $15.30 ; Year 3, $15.61; Year 4, $15.92; Year 5, $16.24; Year 6,$16.56;,Year . •• 7, $16.89 ' (k) Initial Annual Common Areas Charge: $1.75 per square foot .• • (1) Initial Insurance Contribution: $0.25 per square foot . • • .q' ' , t �;, -•;.r • '. (m) Initial Tax Contribution: $1.75 per square.foot ,. ;; (n) Permitted Use of Premises: Sports Bar . . (o) Security Deposit: $4,953.75 . ' • . (p) mmence meat Date of Lease Term: The commencement date for the Lease will Zo be approximate >ecember 10, 2 or when Landlord notifies Tenant that the Premises are Ready or Occupancy in accordance with Article XI below. Tenant ' will have a period of 120 days from the commencement date to complete interior ' I ' 10 ..2 C014 improvements without rent(Improvement Period). Payment of rent will start at the ri end of the Improvement Period or when Tenant opens for business, whichever is • the earlier. For a Ninety (90) day period of time thereafter, Tenant's rent to the ( .'/Landlord shall be$00.00.If for any reason the Premises are delivered to Tenant on _ p rI, any date before or after the Commencement Date of Lease Term, rental for the ' • 11 2' 1 V L'� period between the period between the date of possession and the term Commencement Date shall be adjusted on a prorated basis. Such earlier or later • taking of possession shall not change the termination date of this Lease.This Lease shall not be void or voidable in the event of a late delivery by Landlord, nor shall ' Landlord be liable to Tenant for any resulting loss or damage. When the Rent Commencement date is determined, Landlord and Tenant shall, upon the written request of either party, enter.into a supplement to this Lease, which shall•specify the Expiration Date for the Primary Term and the Rent Commencement Date, in the form of the Stipulation of term of Lease attached hereto as Exhibit E. • (q) Tenant Fraction: 3,963/24,921(15.90%) . ' (r) Approximate Number of Square Feet in the Shopping Center: 24,921 (a) Tenant's Allowance: The allowance in the amount of up to$79,260.00 to be paid . ' by Landlord to Tenant for the construction and completion of Tenant's Work and 2 • . 05 506 . . _ . Description: ENF.INSPEC. Date Effective: 04/18/2006 Description: ADDN CHG FILE Date Effective: 06/23/2006 Description: MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 H . ., .: ; • • Tenant's Improvements,as defined in Article XXXIII,Section 33.2,in accordance with the provisions of Section 33. ' • Payment of Operating Expenses: Payment of Tenant's Tax Contribution, Tenant's Insurance Contribution and Tenant's Common Area Charge will start at the end of the.improvement Period. For a period of four (4)years, beginning at the end of the Improvement Period the operating expenses will be$3.75 per square foot. At the end of the four(4)year period,the Tenant will pay its pro-rata share of the operating expenses as they have been budgeted for the Shopping Center. • ARTICLE II . PREMISES 0 Landlord hereby leases to Tenant,and Tenant hereby leases from Landlord,the premises . • . located in the spaces shown in yellow on Exhibit A(Premiss). The address of the.Premises is set forth as a Fundamental Lease Provision in Article I,subsection(f): As indicated on Exhibit A, the Premises will be a part of the(Shopping Center), which is identified as a Fundamental Lease Provision in Article I, subparagraph (g). The Premises contains the approximate number of square feet of floor space that is set out as a Fundamental Lease Provision in Article I, subparagraph(h). The use and occupation by Tenant of the Premises shall include the irrevocable license for the term(including any renewals)of this Lease to use, in common with fibers entitled thereto,the common areas of the Shopping Center. "Common Areas"shall include parking areas, loading facilities, truck service-ways, service corridors, landscaped areas, streets, sidewalks, . driveways and suchother areas as may be so designated from time to time by Landlord for the common use of tenants in the Shopping Center, subject,however, to the terms and conditions of this Lease and such reasonable rules and.regulations as Landlord shall adopt from time to time in 1 connection therewith. 0 ' 1 ARTICLE III . TERM . • This Lease shall be for a term consisting of the number of years set forth as a Fundamental • Lease Provision in Article I,subparagraph(i),unless sooner terminated pursuant to the provisions . of this lease. The commencement date of the term of this Lease(the "Commencement Date") .. shall he that date set forth as a Fundamental Lease Provision in Article 1,subparagraph.(p)..If the , Commencement Date occurs on a day other than the first day of a calendar month, or if the expiration occurs on a day other than the last day of a calendar month, then the monthly rent for such fractional month will he prorated on a daily basis; Possession shall be deemed to occur on • the date that the Premises are Ready for Occupancy. Earlier or later possession shall not change • . 3 05 . 507 MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 • • • the termination date of this Lease. This Lease shall not be void or voidable in the event of a late • delivery of possession by Landlord, nor shall Landlord be liable to Tenant for any resulting loss • or damage. • ARTICLE IV • ' USE OF PREMISES • The Premises are leased to Tenant,and are to be used by Tenant. for the permitted use set :• forth as a Fundamental Lease Provision in Article I, subparagraph(n)and for no other purpose. Tenant agrees to use the Premises in such a manner as to not interfere with the rights of other tenants in the Shopping Center,to comply with all applicable governmental laws,ordinances and regulations in connection with its use of the Premises,to keep the Premises in a clean and sanitary condition, to use all reasonable precaution to prevent waste, damage or injury to the Premises. ARTICLE V • RENT • Section 5.1. Base Rent. The total Base Rent under this Lease is set forth as a Fundamental Lease Provision in Article 1, subparagraph (j). Tenant agrees to pay rent to Landlord at the address set forth as a Fundamental Lease Provision in Article 1,subparagraph(b), or at any other place Landlord may designate in writing, in lawful money of the United States, in monthly installments in advance,on the first date of each month, as follows: For the first Ninety (90) Days$0.00 per foot or$0.00 per each month, • For the first Lease Year(after the first 90 days free rent)$15.00 per foot or$59,445.00 for the : Lease Year, payable$4,953.75 each month For the second Lease Year$15.30 per foot or$60,633.96 for the Lease Year,payable$5,052.83 each month For the third Lease Year$15.61 per foot or$61,862.40 for the Lease Year, payable$5,155.20 each month For the fourth Lease Year$15.92 per foot or$63,090.96 for the Lease Year, payable$5,257.58 each month • For the filth Lease Year$16.24 per foot or$64,359.12 for the Lease Year, payable$5,363.26 each month For the sixth Lease Year$16.56 per foot or$65,627.28 for the Lease Year,payable$5,468.94 each month For the seventh Lease Year$16.89 per foot or$66,935.04 for the Lease Year,payable$5,577.92 each month Section 5.2. Payment of Rent. Tenant agrees to pay the Base Rent as and when due, together with all adjustments and all other amounts required to be paid by Tenant under this Lease. In the event of nonpayment of any amounts due under this Lease, whether or not 4 . 0.5 508 f a calendar month, then the monthly rent for such fractional month will he prorated on a daily basis; Possession shall be deemed to occur on • the date that the Premises are Ready for Occupancy. Earlier or later possession shall not change • . 3 05 . 507 MISCELLANEOUS Date Effective: 07/01/2006 Description: AG.APPROVE Date Effective: 07/11/2006 Description: MISC.DOCUMENT Date Effective: 08/08/2006 Description: INV.REV.FINAL Date Effective: 08/10/2006 Description: LOCAL DENY Date Effective: 08/21/2006 Description: FIRE DISAPPROVE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 • " ' • • designated as rent, Landlord shall have all the rights and remedies provided in this Lease or by law for failure to pay rent: • Section 5.3. Late Charge. In the event Tenant fails to make any Rent or Additional Rent payment within five (5) days of its due date, Tenant shall pay Landlord a late charge of five percent(5%)of the amount due per month in addition to Rent as Additional Feet, Fajj p,a late charge shall be deemed to be a failure to pay the Rent and shall entitle l.4 o110tl } remedies and recourses available to it under the Lease and under applicable law,or otherwise, orb''' nonpayment of Rent. A service charge in the amount of$25.00 will be due and payable'nun check tendered by or on behalf of Tenant not paid by the hank when presentel,''for white reason. ) Section.5.4. Security Deposit. As partial consideration for the execution of this Lease; • • Tenant has delivered to Landlord the sum set forth as a Fundamental Lease Provision in Article I, • . , • subparagraph(o)as a Security Deposit. The Security Deposit will be returned to Tenant at the expiration of this Lease if Tenant has fully complied with all covenants and conditions of this Lease. • Section 5.5. Tenant Fraction. That fraction.whose numerator is the total number of • square feet of floor space contained in the Premises and whose denominator is the total number of square feet of leasable floor space contained in all of the buildings in the Shopping Center(the "Tenant Fraction")may be adjusted in the event of addition or deletion to the Shopping Center. • • • Ark • 2... • ARTICLE VI .' • • REAL ESTATE TAXES AND ASSESSMENTr:'- • • ..- I. . • Section 6.1. Landlord agrees to pay, prior to delinquency, the general real estate taxes and installments of special taxes,assessments,or levies of any kind however denominated payable • during the term of this Lease(collectively referred to in this paragraph as the"Taxes")on the land ' and improvements constituting the Shopping Center, provided that Tenant shall pay to Landlord . for each calendar year, as additional rent, the Tenant Fraction of the taxes actually paid by Landlord during such calendar year,regardless of the'tax period to which such Taxes relate(the "Tenant's Tax Contribution"). Tenant Fraction is set forth as a Fundamental Lease Provision in Article 1, subparagraph(q). If any portion of the Shopping Center is assessed for real estate tax purposes as a separate parcel and the Taxes on such separate parcel are payable by a tenant or • , • owner other than Landlord, then such Taxes shall not he included in the Taxes for purposes of Tenant's Tax Contribution under this Article VI and in such event the denominator of Tenant Fraction for purposes of this Article shall he reduced by the number of'square feet of leasable floor space contained in the building or buildings located on such separate parcel.5 • . • 05 509 • VE Date Effective: 08/21/2006 Description: ADDN.W/D Date Effective: 11/29/2006 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: LEGAL MISC DOC Date Effective: 01/02/2007 Description: MEETING Date Effective: 01/12/2007 http://wwvv.lcc.ne.gov/license search/licsearch.cgi 9/11/2008 • • Section 6.2. Tenant shall pay to Landlord,as additional rent.at the same time and in the . same manner as provided for payment of Base Rent in Article V hereof, an amount equal to one-twelfth (1/12) of Tenant's estimated Tax Contribution for the current calendar year, as • determined annually and communicated to Tenant in writing by Landlord. Within 60 days after the end of each Lease year, Tenant shall pay to Landlord any unpaid portion of Tenant's Tax Contribution for such calendar year or shall be entitled to a credit from Landlord for any excess Tax Contribution actually paid by Tenant for such calendar year. Tenant'lTax Contri ' qs it., • ' be prorated for.any period which Tenant occupies the Premises for only pir of the calei` t' { . Tenant's estimated Tax Contribution for the first calendar year is'set forth as a undamena 'f Lease Provision in Article I,subparagraph(m). Tenant agrees to pay when due all propsirtyt i des of any kind which during the term of this Lease may be assessed against any personal p ��rty, fixtures, or leasehold improvements of Tenant at any time located in or about tine Premmsest as well as any increase in the Taxes resulting from any improvements or alteratl+dAg ihade to the Premises by Tenant pursuant to Article XII. • . ARTICLE VIII . •• r , •' i . FIRE AND EXTENDED COVERAGE • '.; Section 7.1. Landlord agrees to purchase and maintain during the term of this Lease fire, insurance with an extended coverage endorsement, including, but not limited'Eo;windstorm and tornado damage to the Shopping Center including the.Premises, with a reSlfonsible insurance company or companies authorized to do business in the State of Nebra;ika. Such insurance shall • be obtained in the amount of the replacement value of the Shopping Center excluding trade • fixtures. Landlord at all times during the term of this Lease and any other period of occupancy of the Premises by Tenant shall obtain and keeping force with respect to the Common Areas general public liability insurance in form customarily written for the protection of owners, landlords,and tenants of real estate. which insurance shall provide coverage for both the Landlord and the Tenant of not less than$2,000,000.00 for each occurrence of bodily injury or property damage. Landlord further agrees at all times during the term of this Lease and any other period of occupancy of the Premises by Tenant to maintain and keep in farce with respect to the Shopping Center(i) an all-risk form of replacement value insurance against physical loss or damage on at least an eighty percent(80%)co-insurance basis and(ii) insurance against loss of rents. • Section 7.2. Tenant shall pay to Landlord for each calendar year, as additional rent,.the • Tenant Fraction of the premiums actually paid by Landlord for the insurance coverage referred to • in Section 7.1 (the "Tenant's Insurance Contribution"). Tenant Fraction is set forth as a Fundamental Lease Provision in Article I, subparagraph (q). If any building in the Shopping Center is separately insured against physical loss or damage and the premiums for such separate • insurance are payable by a tenant or owner other than Landlord..then such insurance premiums shall not be included in the premiums upon which Tenant's Insurance Contribution is based and in : • such event the denominator of Tenant Fraction for purposes of allocation of casualty insurance shall be reduced by the number of square feet of leasable floor space contained in the building or . buildings which are covered by such separate insurance. 6. . . 05 510• • • Section 7.3. Tenant shall pay to Landlord,as additional rent, at the same time and in the same manner as provided for payment of Base Rent in Arade.V hereof, an amount equal to one- twelfth(1/12)of Tenant's estimated Insurance Contribution for such calendar year as determined • . annually and communicated to Tenant in writing by Landlord. Within 60 days after the end of • each calendar year, Tenant shall pay to Landlord any unpaid portion of its actual Insurance Contribution for such calendar year or shall be entitled to a credit from Landlord for any excess Insurance Contribution actually paid by Tenant for such calendar year. Tenant's estimated • Insurance Contribution for the first calendar year is set forth as the Fundamental Lease Provision in Article!, subparagraph(I). Tenant's Insurance Contribution shall be prorated for any,period which Tenant occupies the Premises for only part of the calendar year. �• • ' , • i ARTICLE VIII COMMON AREA CHARGES , • Section 8.1. Except as otherwise provided in this Lease. Landlgfd.shall opeiate and maintain the Common Areas'during the term of this Lease in good oreer and repair in accordance with reasonable standards of shopping center cleanliness and maintenance,provided that Tenant at its expense shall keep the Common Areas free of litter,trash and debris generated by or resulting from the operation of Tenant's business in and about the Premises. Tenant shall pay to Landlord for each calendar year, as additional rent, the Tenant Fraction of the costs paid, incurred or accrued by Landlord for operating and maintaining the Common Areas(the "Tenant's Common Area Charge"). Tenant Fraction is set forth as a Fundamental Lease Provision in Article 1, ' subparagraph(q), • • Section.8,2. Tenant shall pay to Landlord,as additional rent,at the same time and in the same manner as provided for payment of Base Rent in Section 5.1 hereof,an amount equal to one twelfth (1/12) of Tenant's estimated Common Areas Charge for the current calendar year..as determined annually and communicated to Tenant in writing by Landlord. Tenant's estimated Common Areas Charge for the first calendar year is set forth as a Fundamental Lease Provision n Article I, subparagraph(k). Within 60 days aft'.r the end of each calendar year,Tenant shall pay • to Landlord any unpaid portion of its actual Common Areas Charge for such calendar year or shall be entitled to a credit from Landlord for any excess Common Areas Charge actually paid by . Tenant for such calendar year. If Tenant shall occupy the Premises only during part of a calendar year, Tenant's Common Areas Charge for such partial calendar year shall be prorated for such • partial calendar year. Landlord may change the amount to be paid by Tenant at any time upon written notice to Tenant. Landlord agrees to furnish Tenant within a reasonable amount of time after the end of each calendar year, with a detailed breakdown of all Common Area Charges for , the Shopping Center and Tenant's proportionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • • • • Section 8.3. The costs of operating and maintaining Common Areas shall include,but not be limited to, lighting, electricity, heating and air conditioning for any enclosed portions of the • Common Areas;professional property management services;water;cleaning,sweeping and other janitorial services; trash removal and maintenance of refuse receptacles;,snow and ice removal; pollution control; repairing,repainting and restripping the parking lot; landscaping of all outdoor common areas and landscape maintenance; sewer charges; maintaining markers and signs; seasonal holiday decorations; music to common areas; removing trash from the common areas; maintenance, repair and replacement of the major parts of the IIVAC system; wages, payroll . taxes, worker's compensation insurance and other benefits paid to, or on behalf of, employees; parking lot liability insurance; licenses and permit fees; policing and security services; fire protection;traffic direction; repairs,replacements,depreciation and maintenance of equipment or rent paid for leasing such equipment; maintenance supplies; personal property taxes; and other . everyday maintenance expenses.This does not include any capital improvements to the property. Tenant is not responsible to share any costs for capital improvements to the proprty,,unless agreed to in writing by the Tenant. '' .� {Y tt •'t { t% . ARTICLE IX . • CONTROL OF COMMON AREAS BY LANDLORD . Landlord reserves the following rights with respect to the.comnion.arias of the Shopping • Center: . • (a) to establish reasonable rules and regulations for the use of the common areas, including, without limitation, the delivery of goods and the disposal of trash; • (b) to use or permit the nonexclusive use of the common areas by others to whom Landlord may grant or have granted such reasonable rights in such manner as Landlord may, from time to time, reasonably designate,including,but not timitedto,sales and special promotional events; (c) to temporarily close all or any portion of the common areas,to make repairs • or changes in accordance with this Lease,to prevent a dedication of the common areas or the accrual of any rights to any person or to the public; • • (d) to change the layout of such common areas,including the right to add to or • subtract from their shape and size, whether by.the addition of building improvements or otherwise; provided, however, that in all events, such construction or change shall not • obstruct or materially and adversely change the ingress or egress to the Premises, impair the visibility of the Premises or'otherwise unreasonably interfere with Tenant's use and enjoyment of the Premises; . 8 05 512 • .. .......• . .. ..JJ... )•.lMV eakdown of all Common Area Charges for , the Shopping Center and Tenant's proportionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • • • ' I (e) to enter into operating, maintenance or similar agreements with respect to the common areas;and (I) to do such other acts in and to the common areas as in Landlord's reasonable judgment may be desirable; provided, however, that such rights shall be . • exercised in such manner as not to unreasonably interfere with Tenant's conduct of its business in the Premises. . ARTICLE X el i I, �t• t. • UTILITIES = 2OO!' • Tenant shalt contract,in its own name,for and pay when due all chargt i nnneetion or ' use of water, gas,electricity, telephone, garbage collection,sewer use aii3t•.ath.5i?iiityserviaes • • supplied to the Premises during the term of this Lease. Under no circumstances shall Landlord be responsible for any interruption of any utility service. •• ARTICLE XI 'di • ' . f i CONSTRUCTION AND ACCEPTANCE OF PREMISES • •"" Landlord shall deliver to Tenant possession of the Premises whed:tbey'aie ready for occupancy, The term "Ready for Occupancy" shall mean that Landlird's,'C drk to the Premises has been substantially completed to the extent reasonably necessary for commencement.of any work required by Tenant with only(i)minor portions of Landlord's work or(ii)any portion of Landlord's work, which is dependent upon the progress or completion of Tenant's work, remaining to be accomplished. All construction or improvements by Tenant (the "Tenant's • Work")must be approved by Landlord in writing prior to commencement of construction. • Landlord shall notify Tenant of the date on which the Premises are Ready for Occupancy, • and thereon Tenant shall accept delivery of the Premises, enter upon them, promptly and diligently install its fttrniture, fixtures and equipment and perform Tenant's Work contemporaneously with Landlord's remaining work, if any. Landlord shall not be responsible nor have any liability whatsoever at any time for loss or damage to Tenant's Work or to fixtures,equipment or other property of Tenant installed or placed by Tenant on the Premises, except when caused by Landlord's gross negligence or intentional misconduct. Any occupancy by Tenant prior to the Commencement Date,even though Base Rent free,shall in all other respects be subject to this Lease. By occupying the Premises as a Tenant or to complete Tenant's Work and install fixtures, facilities or equipment, Tenant shall be deemed conclusively to have accepted the same and to have acknowledged that the Premises are in an acceptable condition,except as to Incomplete or defective items of Landlord's work then specified in writing by Tenant. Landlord shall have a reasonable time following such notification within which to correct same. In no event shall Landlord be liable to Tenant for latent defects. In the 9 . 05 513 •.lMV eakdown of all Common Area Charges for , the Shopping Center and Tenant's proportionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • event of any dispute, the certificate of Landlord's architect or engineer shall be conclusive that the Premises are in condition required by this Lease and are "Ready for Occupancy." ARTICLE XII • ALTERATIONS Section 12.1. Tenant shall not,without Landlord's prior written consent which will not be ••• unreasonably withheld, either make, or cause to be made, any alterations; additions or improvements in or to the Premises or any part thereof(structural or otherwise), including, but not limited to, the foundations, the roof and any signs, shades or awnings located outside of the Premises. Section 12.2. Tenant shall promptly pay its contractors,subcontractors and materialmen • • for all work done or performed at the Premises by or on behalf of Tenant, so as to prevent the assertion or imposition of any Iien or claim upon or against the Shopping Center,the Premises or Landlord and should any such lien or claim be asserted or filed, Tenant shall bond against or discharge the same within 10 days after Tenant receives notice thereof. Landlord may satisfy and remove any such lien or claim by paying the full amount claimed or otherwise, without investigating the validity thereof, if Tenant fails to comply with the foregoing provision. Tenant • shall reimburse Landlord, including Landlord's reasonable attorneys' fees, costs and expenses, together with interest at the rate of 13% per anmm from he date of Landlord's payment until repaid by Tenant. In no event shall Tenant have any authority whatsoever to enter into any agreement on behalf of Landlord which could result in the Imposition of any lien or claim against the Premises or the Shopping Center. • ARTICLE XIII • EXTERIOR SIGN SPECIFICATIONS Tenant shall at all times conform to Sign Specifications outlined in EXhibltD r. • ARTICLE XIV ASSIGNMENT OR SUBLEASE Tenant shall not assign this Lease or sublet the whole or any part of he.Premises,transfer this Lease by operation of law or otherwise or permit any other person except agents and employees of Tenant to occupy the Premises, or any part thereof, without the prior written consent of Landlord. Landlord may consider the following in determining whether to withhold • 10 05 51,4 nant prior to the Commencement Date,even though Base Rent free,shall in all other respects be subject to this Lease. By occupying the Premises as a Tenant or to complete Tenant's Work and install fixtures, facilities or equipment, Tenant shall be deemed conclusively to have accepted the same and to have acknowledged that the Premises are in an acceptable condition,except as to Incomplete or defective items of Landlord's work then specified in writing by Tenant. Landlord shall have a reasonable time following such notification within which to correct same. In no event shall Landlord be liable to Tenant for latent defects. In the 9 . 05 513 •.lMV eakdown of all Common Area Charges for , the Shopping Center and Tenant's proportionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • • consent: (a)financial responsibility of the new tenant, (b)identity and business character of the new tenant and(c)nature and legality of the proposed use of the Premises. Landlord shall have the right to assign its interest under this Lease ,.tlpe,rent•1tOrved hereunder. •� uc 1;. : ARTICLE XV • REPAIRS .• - . Landlord agrees to maintain in good condition and repair as•tteddssary the foundations, roof,exterior portions of the outside walls,gutters and downspouts of the Shopping Center,which • shall be maintained by Landlord at Its cost,except when the condition requiring such repairs shall . result from the negligence or willful act of Tenant, its officers, employees, invitees, servants or agents. Landlord shall.be responsible for all repairs and replacements to all plumbing and electrical systems servicing the Premises up to the point they enter the Premises. • Tenant agrees that it will make,at its own cost and expense, all repairs and replacements to the Premises not required to be made by Landlord,including,but not limited to,all interior and exterior doors,door frames,windows,plate glass and the heating,air conditioning,plumbing and • electrical systems servicing the Premises. Tenant agrees to do all redecorating, remodeling, alteration and painting required by it during the term of the Lease at its own cost and expense.to ,. pay for any repairs to the Premises or the Shopping Center made necessary by any negligence or willful act of Tenant or any of its officers, invitees, servants, agents or employees, and to maintain the Premises in a safe,clean,neat and sanitary condition. 'Tenant shall be entitled to no compensation for inconvenience,injury or loss of business arising from the making of any repairs by Landlord,Tenant or other tenants to the Premises or the Shopping Center,regardless of under which Article of this Lease such repairs are made. In the event of an emergency or in the event . Tenant fails within a reasonably practicable time period after written notice from Landlord as to the need for such repairs to make such repairs for which Tenant is responsible under this Lease, Landlord may make such repairs and, upon completion thereof, Tenant shall forthwith pay, as additional rent,Landlord's actual and reasonable costs for making such repairs or replacements, • together with interest upon such auras as shall be advanced by Landlord from the date of advancement at the rate of 15% per annum until reimbursed by Tenant. • ARTICLE XVI CONDITION OF PREMISES Except as provided herein,Tenant agrees that no promises,representations,statements or warranties have been made on behalf of Landlord to. Tenant respecting the condition of the Premises or the manner of operating the buildings or the making of any repairs to the Premises. Tenant shall, at the termination of this Lease, by lapse of time or otherwise, remove ail of • 11 . . 05 515 ,;,1k s proportionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• 1 •. .• ..ter..... • ... ., .+..'Rr.'S Tenants' property in accordance with Article.XXVII below and surrender the Premises to . • Landlord in as good condition as when Tenant took possession, normal wear excepted. ARTICLE XVII . PERSONAL PROPERTY AT RISK OF TENANT • All personal property and trade fixtures in the Premises shall be at the risk of Tenant only. • . Landlord shall not be liable for any damage to any property or trade fixtures of Tenant or its • • agents or employees in the Premises caused by any.casualty, steam, elect ' : yc n ,jav . • odors or from water, rain or snow which may leak into,issue or flow into part of the Shopping Center or from any other place,or for any damage done to Tenant's • in moving same to or from the Shopping Center or the Premises. Tenant shall giyy L,a,4df its agents,prompt written notice of any damage to or defects in water pipes,sewer,electdcai,gas or warming or cooling apparatus In the Premises. • i 1 ';Ri•^At" ' . Y..i ARTICLE XVIII . 1 LANDLORD'S RESERVED RIGHTS • . Without notice to Tenant, without liability to Tenant for damage or injury to en:Terty, person or business and without effecting an eviction of Tenant or a disturba ,ce 0-Tenants ire or ' 1 giving rise to any claim for set of or abatement of rent, Landlord and its Redd'shall 'Vd'�he . ' right to: 11 t • • • (a) change the name or street address of the Shopping Center; '(b) install and maintain signs on the Shopping Center; . • (c) have access to all mail chutes according to the rules of the United States '. Post Office Department; • . (d) at reasonable times, to decorate and to make, at its own expense, repairs, •• • 1 alterations, additions and improvements, structural or otherwise, in or to the Premises (provided that the same do not impair Tenant's improvements to the premises), the • • Shopping Center or part thereof, and any adjacent building, land, street or alley, and • . during such operations to take into and through the Premises or any part of the Shopping , . Center ail materials required,and to temporarily close or suspend operation of entrances,. j doors, corridors or other facilities to do so; . (e) possess passkeys to the Premises; 12 05516 , . 1 ,:, eimbursed by Tenant. • ARTICLE XVI CONDITION OF PREMISES Except as provided herein,Tenant agrees that no promises,representations,statements or warranties have been made on behalf of Landlord to. Tenant respecting the condition of the Premises or the manner of operating the buildings or the making of any repairs to the Premises. Tenant shall, at the termination of this Lease, by lapse of time or otherwise, remove ail of • 11 . . 05 515 ,;,1k s proportionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• . (f) show the Premises to prospective Tenants at reasonable times during the . six-month period prior to expiration of the term of this Lease and exhibit"For Rent"signs . , thereon; and . ' (g) take any and all reasonable measures,including inspections or the making of • repairs, alterations and additions and Improvements to•the Premises or to the Shopping Center,which Landlord deems necessary or desirable for the safety,pr�ion tAti , ,�..,'7or preservation of the Premises or the Shopping Center. ill •& a vSnr P.;.:E C.,/ L4.... ARTICLE XIX '.";i 2.• :005 • ACCESS BY LANDLORD ., ';;P,::. , ,. • 'w...:.:..Q.. ' ' . .. Landlord or Landlord's agents shall have the right to enter the Premises at all reasonable • times upon reasonable advance notice to Tenant (except in cases of emergency) to examine the . same and, to show them to prospective purchasers and to make such repairs; alterations, improvements or additions as permitted under this Lease,provided that Eli lord 0all„ t thereby . . • unreasonably interfere with the conduct of Tenant's business. •f' '' i ARTICLE XX ,, n••ail" • 1V„ INSURANCE • ' ' ...•4 Tenant shall not use or occupy the Premises or any part therecif in any manner which could ' invalidate any policies of insurance now or hereafter placed on the Shopping Center or increase I the risks covered by insurance on the Shopping Center or necessitate additional insurance premiums or polices of insurance, even if such use may be in furtherance of Tenant's business purposes. In the event any policies of insurance are invalidated by acts or omissions of Tenant, Landlord shall have the right to terminate this Lease or,at Landlord's option,to charge Tenant for extra insurance premiums required on the Shopping Center on account of the increased risk caused • by Tenant's use and occupancy of the Premises. Each party hereby waives all claims for recovery from the other 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 policies. However, this , waiver shall apply only when permitted by applicable policies of insurance. - i ARTICLE XXI • 0 INDEMNITY . Tenant shall indemnify, hold harmless and defend Landlord from.and against, and . Landlord shall not be liable to Tenant on account of, any and all costs, expenses, liabilities, losses, damages, suits, actions,' fines, penalties, demands or claims of any kind, including . reasonable attorneys' fees, asserted by or on behalf of any person, entity or governmental I authority arising out of or in any way.connected with(a)a failure by Tenant to perform any of the ' j 13 i O5. 517 his Lease, by lapse of time or otherwise, remove ail of • 11 . . 05 515 ,;,1k s proportionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • , • agreements,terms or conditions of this Lease required to be performed by Tenant;(b)a failure by Tenant to comply with any laws,statutes,ordinances, regulations or orders of any governmental authority; (c)any accident, death or personal injury, or damage to or loss or theft of property which shall occur on or about the Premises, except as the same may be the result of the gross negligence or Intentional misconduct of Landlord,its employees or agents;or any risks assqui$ed with any so-called "dramshop" liability. • R.', •r":)4#;r...h F+ . ARTICLE XXII �,•'. :OC'+ • LIABILITY INSURANCE • ,' • • Tenant agrees to procure and maintain continuously during the term of this Lease,a policy or policies of insurance in a company or companies acceptable to Landlord,at Tenant's own cost and expense, insuring Landlord and Tenant from all claims, demands or actions; such comprehensive insurance shall protect and name Tenant as the Insured and shall provide coverage of at least$2,000,000 for injuries to any one person,$2,000,000 for injuries to persons in any one accident and$2,000,000 for damage to property,made by or on behalf of any person or persons, •• firm or corporation arising from, related to or connected with the conduct and operation of Tenant's business in the Premises,or arising out of and connected with the use and occupancy of sidewalks and other common areas by Tenant. All such insurance shall provide that Landlord shall be given a minimum of 10 days' notice by the insurance company prior to cancellation, • termination or change of such insurance. Tenant shall provide Landlord with copies of the policies or certificates evidencing that such insurance is In toil force and effect and stating the terms and provisions thereof. If Tenant fails to comply with such requirements for insurance, Landlord may,but shall not be obligated to,obtain such insurance and keep the same in effect and Tenant agrees to pay Landlord,upon demand,the premium cost thereof. The policy limits of any such insurance shall not, however, limit the liability of Tenant thereunder. • • ARTICLE XXIII • • DAMAGE BY FIRE OR OTHER CASUALTY .c6 if, during the term of this Lease, the Premises shall he so damaged by fire or any other cause except Tenant's gross negligence or intentional act so as to render the Premises untenantable, the Base Rent shall be abated while the Premises remain untenantable and, in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease. • and shall notify Tenant in writing of its election within 60 days after such damage. In the event Landlord elects to repair the Premises, the work or repair shall begin promptly and shall be carried on without unnecessary,delay. In the event Landlord elects not to repair the Premises,this Lease shall be deemed canceled as of the date of the damage and Base Rent andell other prorated 14 , • 05 . 518 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • , . • charges will be prorated to such date. If the extent of damage is not so great so as to render the Premises untenantabte, the Premises will be promptly repaired and the Base Rent will not he abated in whole or in part. • " ' ''. V.• • ' `I ► • t. %,; ARTICLE XXIV ' • CONDEMNATION If the whole or any part of the Premises shall be taken by public atlthoriii','iinder the power . of eminent domain,then the term of this Lease shall cease on that portion of the Premises so taken from the date of possession, and the Base Rent shall be paid to that date, with a proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. If the portion of the Premises taken is such that it prevents the practical use of the Premises.for Tenant's purposes, then Tenant shall have the right either (a)to terminate this Lease by giving written notice of such termination to Landlord not later than 30 days after the taking or(b)to continue in possession of the remainder of the Premises, except that the Base Rent shall be reduced in proportion to the area of the Premises taken. In the event of any taking or condemnation of the Premises, in whole or in part, the entire resulting award of damages shall be the exclusive property of Landlord, including all damages awarded as compensation for diminution in value to • the leasehold, without any deduction for the value of any unexpired term of this Lease or for any ether estate or interest in the.Premises now or hereafter vested in Tenant. • ARTICLE XXV • DEFAULT OR BREACH • Each of the following events shall constitute a default or a breach of this Lease by Tenant: , (a) if Tenant fails to pay Landlord any Base Rent or any other amounts required to be paid by Tenant when due hereunder; (b) if Tenant vacates or abandons the Premises or ceases to continually use the Premises for the purposes stated in Article IV above: (c) if Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act or voluntarily takes advantage of any such act by answer or • otherwise or makes an assignment for the benefit of creditors; (d) if involuntarily proceedings under any bankruptcy or insolvency act shall ! • be instituted against Tenant, or if a receiver or trustee shall be appointed of Si or substantially of the property of Tenant,and such proceedings shall not be dismissed or the receivership or trusteeship vacated within 30 days after the institution or appointment;or • • 15 • 05 519 Landlord elects to repair the Premises, the work or repair shall begin promptly and shall be carried on without unnecessary,delay. In the event Landlord elects not to repair the Premises,this Lease shall be deemed canceled as of the date of the damage and Base Rent andell other prorated 14 , • 05 . 518 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• � • (e) if Tenant fails to perform or comply with any other term or condition of this ' • Lease and if such nonperformance shall continue for a period of 30 days after written notice thereof by Landlord to Tenant, time being of the essence.• ARTICLE XXVI el .• . • it L • EFFECT OF DEFAULT y . " " ;905 In the event of any default or breach hereunder, in addition to any other sight or remedy available to Landlord, either at law or in equity, Landlord may exert apy in,ie.or more of the following rights: • • (a) Landlord may re-enter the Premises immediately and remove the property • and personnel of Tenant and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord,at the risk and expense • of Tenant; (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice,Landlord's retaking will not terminate this Lease. On termination,'Landlord may recover from Tenant ail damages proximately resulting from the breach, Including the cost of recovering the Premises, all costs of re-renting and the difference between the rent due for the balance of the Lease term,as though the Lease had not been terminated,and the reasonable rental value of the Premises, which sum shall be immediately due Landlord from Tenant; (c) Landlord may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as it may choose. In connection with any reletting,Landlord may make alterations and repairs to the Premises. in addition to Tenant's liability to Landlord for breach of this Lease, Tenant shall be liable for all expenses of the reletting, for any alterations and repairs made and for the rent due for the • balance of the Lease term, which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord during the . remaining term of this Lease from reletting the Premises or any part thereof. I i ARTICLE XXVII SURRENDER; HOLDING OVER Upon termination of this Lease, whether by expiration of the Lease term or otherwise, Tenant shall peaceably surrender the Premises,including all alterations,additions,improvements, decorations and repairs made thereto,clean and in good condition and repair, reasonablewear and tear excepted and damage for casualty, eminent domain or negligence or willful act of Landlord, its office,agents, employees, servants or invitees. Tenant shall remove all its trade fixtures and • any of its other business equipment and personal property not required to be surrendered to 16 05. 520 e event Landlord elects not to repair the Premises,this Lease shall be deemed canceled as of the date of the damage and Base Rent andell other prorated 14 , • 05 . 518 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • • • Landlord before surrendering the Premises as aforesaid, and shall repair any damage to the Premises caused thereby. Any property of Tenant not removed by the end of the Lease term shall be deemed abandoned by Tenant and may be disposed of by Landlord without any obligation to account to Tenant therefore. � � �`�v„��'�1•a mod' if the Premises are not promptly surrendered upon termination of this Lease as hereinabove set out,Tenant shall indemnify Landlord against loss or liability resulting from delavirl 3nlru05 so surrendering the Premises,Including,without limitation,claims made by the succeeding Tenant founded on such delay, and lost rentals and prorate charges. Tenant's oblige iontgocve ati• ' perform this-covenant shali'survive the expiration or other termination of the je}?nliMILJ.ease.. • • • If Tenant remains in possession after termination of this Lease without a written Lease; Tenant shall be deemed a trespasser. If Tenant pays and Landlord accepts Base Rent for a period ' after termination, Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all of the other terms and provisions of this Lease,except that the Base Rent will be 125% the monthly Base Rent in effect immediately prior to the termination. ARTICLE XXVIII SUBORDINATION AND A'ITORNMENT Landlord reserves the right to place liens and encumbrances on the Premises superior,in lien and effect to this Lease. This Lease,and all rights of Tenant hereunder, shall,at the cptian of Landlord,be subject and subordinate to any liens and encumbrances now or hereafter Imposed by Landlord upon the Premises or the Shopping Center or any part thereof,and Tenant agrees to execute,acknowledge and deliver to Landlord,upon request,any and all instruments that may be necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. Tenant further agrees to execute any estoppel certificate which may be required by any lender of Landlord or mortgage holder on the Shopping Center. In'the event any proceedings are brought for the foreclosure of any mortgage on the Premises,Tenant will attorn to the purchaser at the foreclosure sale and recognize such purchaser as Landlord under this Lease. The purchaser,by virtue of such foreclosure, shall be deemed to have assumed, as substitute Landlord, the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption, however, shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents, including a new Lease upon the same terms and conditions contained herein confirming the foregoing, as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• ARTICLE XXIX• • NOTICES . f• Any notice given hereunder shall be given in writing and sent by personal delivery or by registered or certified mail return receipt to Landlord at the address set forth as auntidnatill Lease Provision in Article I, subparagraph (b) and to.Tenant at the address set forth as a Fundamental Lease Provision in Article I, subparagraph (d) or at such other ed s5wia either • party may from time to time designate in writing. Each such notice shall be deeineftb have been • • given at the time it shall be personally delivered to such address or deposited in the United.Statcs mail in the manner prescribed herein. `• ' ARTICLE XXX RULES AND REGULATIONS t. ' .r ,• Tenant and Tenant's agents,employees and invitees shall fully comply with all rules and . regulations of the'Shopping Center,as amended from time to time, which are made a part of this Lease as if fully set forth herein. Landlord shall have the right to adopt and to amend such rules and regulations as Landlord deems necessary or desirable for the safety, care, cleanliness or , proper operation of.the Premises and the Shopping Center. Tenant agrees as follows: . (a) The delivery or shipping of goods, merchandise, supplies and fixtures to and from the Premises shall be subject to such reasonable rules and regulations as in the judgement of Landlord are necessary for the proper operation of the Shopping Center. (b) No loudspeakers,televisions,phonographs, radios or other devices shall be used in a manner so as to be heard or seen outside the Premises, without the prior written consent of Landlord which may be withheld in Landlord's sole discretion. (c) Tenant shall not place or permit any obstructions or merchandise in the ' outside or common areas immediately adjoining the Premises or other common facilities, . and shall not use such areas for business purposes other than for ingress and egress. (d) Tenant shall have full respensibility for protecting the Premises and the property located therein from theft and robbery. (e) Tenant shall not permit on the Premises any act or practice which is unlawful, immoral or which might injure the reputation of the Shopping Center. • , • 18 . 05 522 ssumed, as substitute Landlord, the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption, however, shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents, including a new Lease upon the same terms and conditions contained herein confirming the foregoing, as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• "'r • . $' • • ' (f) Tenant and Tenant's employees and agents shall not solicit business in the •; parking or other common areas, nor shall Tenant distribute or pl .•.•.[•"•'ll r •• •.IC advertising matter in or On automobiles parked in the parking 141 • 4.j �1`- areas. u , ,N (g) Tenant shall keep the Premises free and clear of rodents,buus�a rani, • ' and Tenant shall use,at its cost and at such intervals as Landlord shall r so ty b)y,rierirgt , • • •• a reputable pest.extermination contractor to provide exterminatjbq• .-r -• Art the• Premises. :w.,.. .� t,.... .. .. ..• ' (h) Tenant shall not burn any trash,rubbish or gari t i al itTt!#e remises or the Shopping Center. ; 2 •,rno::.t t' yy� EZ L i':• nn • • ARTICLE XXXI is• .i w 7 :.Jo'. , 1 • 1 • . NET LEASE 1., i • °' ' i ' •,3o. .. , This Lease is a net lease, and the parties agree and'nndd that Tenant shall pay. • Tenant's proportionate share of the Taxes, insurance, Common Area Charges and all other •, • expenses as described in this Lease. ' ARTICLE XXXII MISCELLANEOUS ' Section 32.1. Binding on Assigns. All terms, conditions and agreements of this Lease • shall be binding upon, apply and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. • Section 32.2. Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement signed by Landlord and Tenant. Section 32.3. Nonwairer, The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its • rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions and agreements. The doing of anything by Landlord . which Landlord is not obligated to do hereunder shall not impose any future obligation on ; ' Landlord nor otherwise amend any provisions of this Lease. • • I Section 32,4. No Surrender. No surrender of the Premises by Tenant shall be effected by Landlord's acceptance of the keys to the Premises or of the rent or any other sums due hereunder, or by any other means whatsoever, without Landlord's written acknowledgment that such ; acceptance constitutes a surrender'. 19 OS '523 • .- • •_ *;:aii st. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• ... • .. .y.. .d• r• Section 32.5. Captions. The captions of the various paragraphs in this Lease are for convenience only and do not define,limit,describe or construe the contents of such paragraphs. ' • Section 32.6. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. ARTICLL moan INITIAL IMPROVEMENTS OF THE PREMISES Section 33.1 Landlord shall deliver possession of the Premises to Tenant in the condition • described in attached Exhibit 13 ("Landlord's Work"). Upon acceptance, Tenant agrees to perform"Tenant's Work" as described in attached Exhibit C. All of Tenant's Work shall be performed at Tenant's cost and expense. Tenant shall fully equip the Premises with all trade fixtures,lighting fixtures,furniture,furnishings,fixtures,floor coverings,any special equipment, • and other items of personal property as may be necessary for the completion of the Premises and , the proper operation of Tenant's business therein. All improvements made to the Premises by • Tenant are bereinafter sometimes called "Tenant's Improvements". Tenant's use of the Tenant Improvement Allowance is subject to the Landlord's prior approval of Tenant's written improvement plans and specifications, which shall not be unreasonably withheld. Section 33.2• Tenant's Allowance. Landlord shall pay Tenant Allowance for the construction and completion of Tenant's Work and Tenant's Improvements in accordance with the provisions of section(s)of the Fundamental Lease Provisions section of this Lease. Such payment shall be due within ten(10)days after receipt of a written request from Tenant but not before ten • (10) days after Tenant opens for business to the public at the Premises. Payment of Tenant Allowance shall be subject to the.following conditions: (i) Tenant shall deliver to Landbrd • reasonably satisfactory documentation of all costs and expenses incurred in connection with Tenant's Work and Tenant's Improvements; (ii)Tenant shall furnish to Landlord copies of lien ' waivers or releases from all suppliers; materialmen and contractors; or subcontractors who have supplied either labor or materials in connections with Tenant's Work or Tenant's Improvements. If the costs associated with improving the Premises exceed the allowance, the Tenant shall be • liable for the payment of any amount which exceeds the Tenant Improvement Allowance. 0 ARTICLE XXXIV . • OTHER PROVISIONS Section 34.1 Limited Exclusive Use. Landlord agrees that during the entire Term of this Lease, Landlord shall not rent any other space in the Shopping Center to another person ' or entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • • • ARTICLE XXXV •lri'!✓L'er 'rCD • Section 35.1 First Option to Extend Lease: If this lease shall be in force and c fe2t, ZUC: on the date for the expiration of the term hereof, and the Tenant on that date shall havi'filly performed all of its obligations hereunder,the Tenant shall have the right, at itstve '' ► •,extend this Lease for a first additional term of fi (5)years("Option Period")u ,fir.: me • ..s terms and conditions contained in this Lease. To exercise such option, the Tenarii sfiil notify the Landlord in writing, at any time during the original term hereof but no later than six(6) months prior to the expiration of such term of the Tenant's intention to extend such term. The Base Rent shall be as follows: For the eighth Lease Year$17,40 per foot or$68,956.20 for the Lease Year, payable$5,746.35 each month For the ninth Lease Year$17.92 per foot or$71,016.96 for the Lease Year, payable$5,918.08 each month For the tenth Lease Year$18.46 per foot or$73,157.04 for the Lease Year, payable$6,096.42 each month For the eleventh Lease Year$19.01 per foot or$75,336.60 for the Lease Year,payable S6,278.05 each month For the twelfth Lease Year$19.58 per foot or$77,595.60 for the Lease Year, payable 6,466.30 each month • Section35.2 Second Option to Extend Lease: If this lease shall be in force and effect on the date for the expiration of the term hereof, and the Tenant on that date shall have fully performed all of its obligations hereunder, the Tenant shall have the right, at its option, to extend this Lease for a second additional term of five(5)years("Option Period")upon the • same terms and conditions contained in this Lease. To exercise such option, the Tenant shall notify the Landlord in writing, at any time during the First Option term hereof but no later than six(6)months prior to the expiration of such term of the Tenant's intention to extend such term. The Base Rent shall be as follows: • For the thirteenth Lease Year $20:17 per foot or.$79,933.68 for the Lease Year, payable . $6,661.14 each month For the fourteenth Lease Year $20.78 per foot or $82,351.20 for the Lease Year, payable $6,862.60 each month For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • • , • . . • ARTICLE XXXVI . • Section 36.1 Other Considerations. Tenant shall have at its option the right to relocate the western doors to a location of its choice on the western front. Landlord shall erect two (2) fences in au area marked in red on exhibit A at Landlord's expense. Fence shall have four(4) gates. Tenant shall be responsible for all cleanup in the.area used where its tables are located. Cleanup shall mean sweeping,trash pickup,and washing down the patio with a hose.Tenant shall ' have at its option the right to install one door leading into the fenced area of the outdoor seating. Landlord will install one (1) door leading into the fenced area of the outdoor seating. Tenant • • agrees to give Landlord a$5,000.00 deposit at lease execution in addition to the security deposit • of 4,953.75. The $5,000.00 will be put in an interest bearing account while Tenant makes application for a liquor license.From the time of Lease execution,Tenant will be given 75 days to obtain a liquor license. Landlord will begin Landlords Improvements a few days after Lease Execution..Should Tenant be refined a liquor license for any reason, Tenant shall forfeit its. security deposit of 4,953.75 and its interest bearing deposit of $5,000.00. After tenant has . obtained its liquor license and shown proof to Landlord,Landlord shall refund the$5,000.00 with interest to Tenant. . • ARTICLE XXXVII • Section 37,1 Brokers. The Brokers involved in this transaction are: John R. Luce as Agent for Landlord; Steve Dunn of Cormac as Agent for Tenant. Landlord and Tenant • .acknowledge that Caldwell Banker Commercial World Group is being paid a six (6%)fee by , Landlord and this fee will be split by the Brokers. . r;:*; • • Until this Lease is executed on behalf of all parties hereto,it shall be•constnie, as,an offer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• . . I • • IN WITNESS WHEREOF,the parties hereto have executed this Lease as of the day and . year first above written. Rrai.CEIVL,i) ' ., DATED as of December 6th, 2004. J ;, 24 2005 . • LANDLORD t;. i;; ' i'r,RASich • S Ri a Plaza :::,:,1110��•..•. .- ,., pig dg . LLC If 4 / i 0 • 1 L. Hoick; ,.:.'ing Member STATE OF NEBRASKA ) . „ ss. ' • COUNTY OF DOUGLAS ) The foregoing instrument was acknowledged by John L. Hoich before me this 71-4 day of—Daft&miio/ 2004, 147 j‘12A 4 0adiastarkaideL— :' otary Public My commission expires: . 4 S C 7 •• 23 05 527 { • ---._._._... J 4 ys to obtain a liquor license. Landlord will begin Landlords Improvements a few days after Lease Execution..Should Tenant be refined a liquor license for any reason, Tenant shall forfeit its. security deposit of 4,953.75 and its interest bearing deposit of $5,000.00. After tenant has . obtained its liquor license and shown proof to Landlord,Landlord shall refund the$5,000.00 with interest to Tenant. . • ARTICLE XXXVII • Section 37,1 Brokers. The Brokers involved in this transaction are: John R. Luce as Agent for Landlord; Steve Dunn of Cormac as Agent for Tenant. Landlord and Tenant • .acknowledge that Caldwell Banker Commercial World Group is being paid a six (6%)fee by , Landlord and this fee will be split by the Brokers. . r;:*; • • Until this Lease is executed on behalf of all parties hereto,it shall be•constnie, as,an offer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• Immemoll•mmr • • • • TENANT RECEVil The Drafthouse. Inc 1Z.i2OO5 • ' • :t r. • . i1123RASP • By:2rit ' , .? MO!.Utt;•• ."' .S. Kroeger, ent . . STATE OF NEBRASKA • ) )ss. COUNTY OF DOUGLAS ) 44 The forego ht instrument was acknowledged by Mark S. Kroeger before me this (c) ' day of • Vz.g.tz., 2004. f •. Notary Public • My commission expires: 41.)1iiir GOIOOLINIVAY 40.of tishols GPM COLE ;rt. ' • • • .0 • -• . •• I • • • . q k•• .3 • • •••-• '.3 • •. ' • mrS , • . • • • • 24 05 528 • lb • „ •• icense for any reason, Tenant shall forfeit its. security deposit of 4,953.75 and its interest bearing deposit of $5,000.00. After tenant has . obtained its liquor license and shown proof to Landlord,Landlord shall refund the$5,000.00 with interest to Tenant. . • ARTICLE XXXVII • Section 37,1 Brokers. The Brokers involved in this transaction are: John R. Luce as Agent for Landlord; Steve Dunn of Cormac as Agent for Tenant. Landlord and Tenant • .acknowledge that Caldwell Banker Commercial World Group is being paid a six (6%)fee by , Landlord and this fee will be split by the Brokers. . r;:*; • • Until this Lease is executed on behalf of all parties hereto,it shall be•constnie, as,an offer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• 'VIP 1 PLANNING DEPARTMENT REPORT ' t ')% r DATE: SEPTEMBER 11,2008 DUE DATE: SEPTEMBER 18,2008 ' S 18 ,":: 9: I C CITY COUNCIL HRG SEPTEMBER 30,2008 LOCATION: 1203 SOUTH 180TH STREET LEGAL DESCRIPTION: ADDITION OF A SIDEWALK CAFÉ APPROX 42' X 27' TO THE NORTH APPLICANT: THE DRAFTHOUSE,INC.,DBA"THE DRAFTHOUSE" REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "I" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: BAR THIS REQUEST DOES(X.) L�7©O.b' DOES NOT O 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) (Except Class D-1 Package Liquor License) ANNEXATION DATE: 7-22-08 ORDINANCE NO. 38184 (Only if within la 4 months) EXIS G ZONING: r EXITING LAND USE: AD CENT LAND USE ND ZONING: �C N R • �M.yvW n I (M�l'kC2C(A- \ f2i S lSPA ST �UVL4 ()n 1, y i P'-l DA---r62-t G\ C/�� .,),___.),,.,, Al )gpkc i-T/ PARKING STALLS PROVIDED: « r. EXISTING USE DOES(/�) / DOES NOT( )COMPLY WITH ZO NG REGULA IONS PLUMBING FIXTURES PROVIDED: WOMEN'S IL "vU1 c �MEN'S ( � �b - b *V-- oQ I k\b'c DATE SUBJECT PROPERTY WAS POSTED: q — l le- 0 (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 0'�`----I_ DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: c- Z r VT e,a_4 `'661 - (State Law) DISTANCE OF VROPOSED LICENSE T AN HURCH 1, SCHOOL o HOSPITAL 0 HOME FOR THE AGED,INDIG NT OR VETERANSC.DdGE OR UNIVERSITY ID (Authorized Signature) (Date) i ffer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• 'OM�HA' �F F �� 9! fir 4 City ofOmaha fAlebras&aDirtil(1% ' °�� 2.ral t, 1819 Farnam —Suite LC 1 w s �,. . Omaha, Nebraska 68183-0112 0 M,,� . '; —' Buster Brown (402) 444-5550 .o l°' City Clerk FAX (402) 444-5263 4,11 D FEBRVPI- September 16, 2008 The Drafthouse, Inc. Application for an addition to your present Class "I" dba"The Drafthouse" Liquor License location of a sidewalk café approx. 1203 South 180th Street 42' x 27' to the north Omaha,NE 68130 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 September 30, 2008 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincer ly yours, Buster Brown City Clerk BJB:clj i ffer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• OMAHA, A'F City of Omaha, fAlebraska `A �' -1. 41819 Farnam—Suite LC 1 220(1 .t� Omaha, Nebraska 68183-0112 0�.w Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 O'�47WD FE13S t 4 September 16, 2008 Mike Kelley, Attorney Application for an addition to the present Class "I" 7134 Pacific Street Liquor License location for The Drafthouse, Inc., Omaha,NE 68106 dba"The Drafthouse", 1203 South 180th Street for a sidewalk café approx. 42' x 27' to the north Dear Liquor License Applicant Attorney: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for September 30, 2008 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, . Buster Brown City Clerk BJB:clj aring. Sincer ly yours, Buster Brown City Clerk BJB:clj i ffer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• 23 C mc, ,7,eJ 9 /74' NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that THE DRAFTHOUSE, INC. DBA "THE DRAFTHOUSE" has applied for an ADDITION TO THEIR PRESENT CLASS "I" lOn Sale beer,wine and liquor] LIQUOR LICENSE LOCATION TO ADD A SIDEWALK CAFÉ APPROX. 42' X 27' TO THE NORTH located at 1203 SOUTH 180TH STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, SEPTEMBER 30, 2008 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. ial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, . Buster Brown City Clerk BJB:clj aring. Sincer ly yours, Buster Brown City Clerk BJB:clj i ffer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• C Rels Title/ATI 1055 North 115th Street/Suite 300 Omaha NE 68154 Phone 402.498.0600/Fax 402.498.0066 t :L;.i fo • 1 ry.�. ra'? i1 May 19, 2008 Rels Title hereby certifies that the foregoing list of Names and Addresses for a 500 foot search on"The Drafthouse," located at 1201 South 180th Street, Omaha, NE 68130 is true and correct as the same appear of record in the Office of the County Clerk of Douglas County,Nebraska. Witness my hand this 8th day of May, 2008, Rels Title By: Registered Abstracter 09 mogisoilenvoapa a q!}adwos tutu Zg k wuuigg Xewaoi,ep aIt,anb1 • 09 t8/09{.9®/deny[0!M a!glledwob,,869 Z,x„L ezis mei • VERN C SCHMIDT SRP II LLC SHAWN P MCGUIRE LUND COMPANY 22718 ANGUS RD 17908 PIERCE PLZ _ GRETNA NE 68028 120 REGENCY PKWY #1 16 OMAHA NE 68130 OMAHA NE 68114 MATTHEW S WRIGHT HYVEE INC ELKHORN SCHOOL DIST 10 REAL ESTATE DEPT 4405 S 228 PLZ 17860 SHADOW RIDGE DR OMAHA NE 68022 5820 WESTOWN PKWY OMAHA NE 68130 WEST DES MOINES IA 50266 ROYAL DEVELOPMENT INC MARK A KOTTKE PAC 180 LLC 13808 BURT ST 18057 MAYBERRY ST 18175 MAYBERRY ST OMAHA NE 68154 ELKHORN NE 68022 ELKHORN NE 68022 SAM L REAGAN NORBERT A SEITZ ELLIE M KOZAL 1227 S 180TH PLZ 1233 S 180TH PLZ 1301 S 180TH PLZ OMAHA NE 68130 OMAHA NE 68130 OMAHA NE 68130 MICHAEL SHRIER WHISPERING PINES HOMEOWNERS LOTS E KONOPIK MARY SMITH 1307 S 180 PLZ 909 BELGRADE LN OMAHA NE 68130 • 18018 POPPLETON PLZ PLATTSMOUTH NE 68048 OMAHA NE 68130 MICHAEL C PETERSEN RICHARD E ENGEL UNION BANK &TRUST CO TR PO BOX 718 1212 S 180 PLZ BRAD PHILSON WIEBE 1 GRETNA NE 68028 OMAHA NE 68130 PO BOX 82535 LINCOLN NE 68501 HARRY S ANDERSON ARTHUR R EASLEY RICHARD PARRISH 1228 S 180TH PLZ 1234 S 180TH ST 18012 POPPLETON PLZ OMAHA NE 68130 OMAHA NE 68130 OMAHA NE 68130 • At �S label size 1"x 2 5/8"compatible with Avery®5160/8160 Etiquette de tormat.25 mm x 67 mm compatible aver.Averv®c1 Rfl/a1 RA City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, . Buster Brown City Clerk BJB:clj aring. Sincer ly yours, Buster Brown City Clerk BJB:clj i ffer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• e 4 \ % \ N b g N n N.) y O \ � O p, - CD 9:' O� d ► .CDD ¢' CrJ o CD y o0 0 , \ ` L W O d "' O 1 p n CD W O 5 O 4 O a' CD O ~ '" O .ram* 00 CD P" < CD 2, p n ► o AD n �• c�'D. n C7 C) N2tsi C�i p, cc)O O� N d.ti r 0 � � oo o cr. o• O O 0 wt tEL Q t\)kLAtt\ \\ Z a \ r r RECEI i ED 1301 South 180th Plaza 08 SEA Omaha,Nebraska 68130 29 ng 8: 47 September 26, 2008 Clfy CtBilk City Clerk, 0MAtfal, NEsisollow As residents of Whispering Pines neighbor, we again ask that you disallow the Draft House from opening a patio bar. The facility is already a nuisance to the neighbors and businesses in the area. Clients continue to be noisy and disruptive to the residents who try to enjoy their outside living. One can only imagine how rowdy and disruptive the bar could become if the Draft House is allowed to open the customer seating in the outdoors which only serves to attract more customers. It is difficult to understand the revenue the bar already attracts when you see the number of cars in the lot on weekdays remaining into the early morning hours. Please give the surrounding residents the privacy and peace in their neighborhood that they are entitled to enjoy. Thank you. Ellie and Richard Kozal ERING PINES HOMEOWNERS LOTS E KONOPIK MARY SMITH 1307 S 180 PLZ 909 BELGRADE LN OMAHA NE 68130 • 18018 POPPLETON PLZ PLATTSMOUTH NE 68048 OMAHA NE 68130 MICHAEL C PETERSEN RICHARD E ENGEL UNION BANK &TRUST CO TR PO BOX 718 1212 S 180 PLZ BRAD PHILSON WIEBE 1 GRETNA NE 68028 OMAHA NE 68130 PO BOX 82535 LINCOLN NE 68501 HARRY S ANDERSON ARTHUR R EASLEY RICHARD PARRISH 1228 S 180TH PLZ 1234 S 180TH ST 18012 POPPLETON PLZ OMAHA NE 68130 OMAHA NE 68130 OMAHA NE 68130 • At �S label size 1"x 2 5/8"compatible with Avery®5160/8160 Etiquette de tormat.25 mm x 67 mm compatible aver.Averv®c1 Rfl/a1 RA City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, . Buster Brown City Clerk BJB:clj aring. Sincer ly yours, Buster Brown City Clerk BJB:clj i ffer to lease from Tenant to Landlord, - • • • • • • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• Sep 29 08 02:44p Robert Tucker 402-333-0680 p.1 17718 Jones Street Omaha,NE 68118 29 September 2008 Mr. Buster Brown City Clerk City of Omaha 1819 Farnam Street Omaha, NE 68183 RE:Application by the Drafthouse, Inc, dba"The Drafthouse"to expand an existing liquor license to include a Sidewalk Cafe—Item 24 on the Agenda for a Public Hearing on Tuesday,September 30, 2008 Dear Mr. Brown: I am writing to request that your office include this letter in the package provided to the Omaha City Council at their planned meeting on September 30,2008. Specifically, I am writing regarding item 24 on the Agenda and am requesting that the Council reject the application to add a Sidewalk Café to the existing liquor license of"The Drafthouse" http://www.drafthouseamaha.com/. The Drafthouse is in Spring Ridge Plaza,adjacent to the Spring Ridge Subdivision,across 180th Street from Shadow Ridge and across Pacific Street from the Pacific Springs Subdivision and the Elkhorn Middle School,is located very close to the Imagination Station child daycare facility http://www.imaginationstationoma ha.com/within Spring Ridge Plaza,and is just West of Pacific Springs Park,a public park within the zoning jurisdiction of the City of Omaha. Our community has recently experienced the negative effects of an outdoor party involving liquor at the "Wet Lounge" in Pacific Square,a mixed use commercial development immediately adjacent to our residential Subdivision, and the public Pacific Springs Park. Spring Ridge Plaza,the location proposed, already has the "LiT" lounge http://www.litomaha.com/ and until it went out of business, "T-Bones Grill", with outdoor seating areas. Based on the drawing submitted with the application it appears that the proposed "Drafthouse"Sidewalk Cafe will be collocated with the existing outdoor seating area associated with the Lit Lounge. Attached are some pictures of Spring Ridge Plaza and Pacific Square. The existing outdoor patio area of"LT"is shown in a picture on their website. We do not need another outdoor café that allows for the consumption of liquor in our community. Respectively Submitted, Robert ker • • • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • 17718 Jones Street Omaha, NE 68118 29 September 2008 Mr. Buster Brown City Clerk City of Omaha 1819 Farnam Street Omaha, NE 68183 RE: Application by the Drafthouse, Inc, dba "The Drafthouse"to expand an existing liquor license to include a Sidewalk Café—Item 24 on the Agenda for a Public Hearing on Tuesday, September 30, 2008 Dear Mr. Brown: I am writing to request that your office include this letter in the package provided to the Omaha City Council at their planned meeting on September 30, 2008. Specifically, I am writing regarding item 24 on the Agenda and am requesting that the Council reject the application to add a Sidewalk Café to the existing liquor license of"The Drafthouse" http://www.drafthouseomaha.com/. The Drafthouse is in Spring Ridge Plaza, adjacent to the Spring Ridge Subdivision, across 180th Street from Shadow Ridge and across Pacific Street from the Pacific Springs Subdivision and the Elkhorn Middle School, is located very close to the Imagination Station child daycare facility http://www.imaginationstationomaha.com/within Spring Ridge Plaza, and is just West of Pacific Springs Park, a public park within the zoning jurisdiction of the City of Omaha. Our community has recently experienced the negative effects of an outdoor party involving liquor at the "Wet Lounge" in Pacific Square, a mixed use commercial development immediately adjacent to our residential Subdivision, and the public Pacific Springs Park. Spring Ridge Plaza, the location proposed, already has the "LiT" lounge http://www.litomaha.com/and until it went out of business, "T-Bones Grill", with outdoor seating areas. Based on the drawing submitted with the application it appears that the proposed "Drafthouse"Sidewalk Café will be collocated with the existing outdoor seating area associated with the Lit Lounge. Attached are some pictures of Spring Ridge Plaza and Pacific Square. The existing outdoor patio area of"LiT" is shown in a picture on their website. We do not need another outdoor café that allows for the consumption of liquor in our community. Respectively Submitted, signed Robert Tucker • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• , -.. ii -10.1 kit,p - , ,,,i It'''' wrir.--\ 7 1 r • X- — - ''r, •%t ,1 , 1'1' .k..? . .' . opi, t sr ,�+.�,' ^ ._ . i 1 .„, ...3 • . .,p jJj ' 1 r��.r LAP w �� •Y 4 i,,,:.,•.�, 1 �, 1. ,' 1 1 r � wL ,� e r� ` ,� a,-. •71.1% , ,.' ?-.., a • r�� \. \\ t .\... -. \k irt \ .\' '1\' iimmis..._ ‘ ‘ . ''s \ :\\ \, \ -,':1'‘,di , \ \ \t„,„_ , ‘ , \ , • This is a picture of LiT in Spring Ridge Plaza with The Draft House next door and the existing outdoor seating area between the two buildings. Osikisip %4•li•• N. k r ri(), 1 . 1 b., ,1/4....4„ N ke° t% ‘ \I ' • , ‘ \*.` I i i • i L I c• •. .1..„ .• .1 . , IF " a � i i .. �, 4. ' , Itjuimilior il .1 inpoilmat t,.• ,i A'‘I 4 i 1, '4 r.. N - \ - Nt.‘. l't).i -\ ..., ... , .",. ,,,,,,,:;‘,...,:k.s.:,,',0 ", \s‘cti 4 , 7Y t ",,„ mr h*I. i Ii to, ► " , . , • T4. 1° 1 ` •f . ": .. M" c This is a picture of the Draft House in Spring Ridge Plaza. idge Plaza with The Draft House next door and the existing outdoor seating area between the two buildings. 1 11 { 'eat ion 'iv Ilion or '"';4\iit • • # .:1.: t _ li Iiii , ,, 1• .. - ..”.; 3-.l .-..,-fir 'in • .:s : _ «►_ _.._� t fl R f • • • • This is a picture of one of the buildings of Imagination Station, the child care facility located within Spring Ridge Plaza, and a short distance from both Lit and The Draft House. ..., ... , .",. ,,,,,,,:;‘,...,:k.s.:,,',0 ", \s‘cti 4 , 7Y t ",,„ mr h*I. i Ii to, ► " , . , • T4. 1° 1 ` •f . ": .. M" c This is a picture of the Draft House in Spring Ridge Plaza. idge Plaza with The Draft House next door and the existing outdoor seating area between the two buildings. 4111111111 =Z p .: =Z141..`_ • �+ . ;,t ±. .;.'. LxAu s I 1 4 This is a picture of one of three buildings in Pacific Square at the intersection of 178th and Pacific Streets. This building is the location of the Wet Lounge with an outdoor seating area. Pacific Square is diagonally across the intersection of 178th and Pacific Streets from Spring Ridge Plaza. ..., ... , .",. ,,,,,,,:;‘,...,:k.s.:,,',0 ", \s‘cti 4 , 7Y t ",,„ mr h*I. i Ii to, ► " , . , • T4. 1° 1 ` •f . ": .. M" c This is a picture of the Draft House in Spring Ridge Plaza. idge Plaza with The Draft House next door and the existing outdoor seating area between the two buildings. I t , ....... . , 4,,tv,,,,,, , , ,..,.. ...- . ....1 ... ,,. , . ,si„„ i, . . , ,,,,..-- 4 .1 ., .. • , sto,„„,„,„,a: f ..„4, 41_ -- - -, • T y , .? i . , me gM f{'� '•l �� «1 .5. (w L. ' .+► �. �; "4t� �i 'ram✓ .•.F •!. f "f; tip'., .. , ?.+.i�,f..4. , b ,. �. ��, + �v� I ` ' ." �` Picture shows one of three buildings in Pacific Square at intersection of 178th and Pacific. This intersection is a main entrance to the Pacific Springs Subdivision. The picture shows the Pacific Springs Park immediately behind the building in the picture. Pacific Square is the location of the Wet Lounge, which has an existing outdoor seating area. Page 1 of 1 Johnson, Carman (CCIk) From: Royce [rollsrams@cox.net) Sent: Monday, September 29, 2008 4:59 PM To: Johnson, Carman (CCIk) Subject: The Drafthouse It has come to my attention that The Drafthouse, located near 180th and Pacific, is again pursuing an outdoor beer garden permit. This area is completely surrounded by residential areas! The Ridges, Spring Ridge, Pacific Springs, Pacific Ridge and many other subdivisions are located right next to this business and these neighborhoods are home to many Omaha families. The shopping center that The Drafthouse is located in is next door to Spring Ridge elementary school, you could throw a beer can from The Drafthouse parking lot on to the elementary school property. Also located just half a block away is Elkhorn Ridge Middle School. In the same shopping center as The Drafthouse is a daycare center with outdoor play area. The Drafthouse owners and patrons have demonstrated in the past and up to this very day that they are not good neighbors. They are either unable to control the crowd they attract or don't care. They already drink, swear, urinate and otherwise disturb the peace in their own parking lot and on nearby property. Honestly, why would anyone consider granting this business a permit to further destroy this otherwise peaceful, pleasant, residential neighborhood? Please, please do not grant an outdoor permit. One only needs to look up complaints from the past(especially St. Patrick's Day)to see that this would be a disaster for every family in the area, and all elementary and middle school students that walk by this establishment on their way home from school. Thank you, Susan Ramsay 697-1550 10/1/2008 ars that the proposed "Drafthouse"Sidewalk Café will be collocated with the existing outdoor seating area associated with the Lit Lounge. Attached are some pictures of Spring Ridge Plaza and Pacific Square. The existing outdoor patio area of"LiT" is shown in a picture on their website. We do not need another outdoor café that allows for the consumption of liquor in our community. Respectively Submitted, signed Robert Tucker • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• n 2 . 7 § a ° § \ § 7 n - ) � / § R m o A) 5.& 8` w3U � f2 - & o q §` 7 § o kk ƒ . ° % - � \ ? 7 2 .. co \ H_''Ci \ c4 0 \ n/' + q � i• 7 . § § CD & CD �. ", \ @ G R ? K zr-I 2 04 \ A ee buildings in Pacific Square at intersection of 178th and Pacific. This intersection is a main entrance to the Pacific Springs Subdivision. The picture shows the Pacific Springs Park immediately behind the building in the picture. Pacific Square is the location of the Wet Lounge, which has an existing outdoor seating area. 4 .... • a MEMO To: file From: Mike Hoch Date: 30 September 2008 Subject: Drafthouse Friday 26 September myself along with two friends, one who is a dentist and his girlfriend who is a pharmaceutical salesperson,visited the Drafthouse lounge near 180t" & Pacific St. from 11:00PM until closing. I heard no loud music noise outside in the lot before entering. The music, which was not practically my preference and was played by a DJ,was not as loud as I've heard in some other clubs, and a conversation could be carried out while the music was playing. The crowd was large,but did not appear to be overcrowded, was orderly,and I did not see any hint of any rowdiness by any of the clientele. Myself and friends had no trouble finding a seat when we arrived. At least six security guards were on hand to maintain order, who were standing at the doors and walking through the crowd. Lights were turned up between 12:35 & 12:40 for • last call and at this time the bar started to empty out. urinate and otherwise disturb the peace in their own parking lot and on nearby property. Honestly, why would anyone consider granting this business a permit to further destroy this otherwise peaceful, pleasant, residential neighborhood? Please, please do not grant an outdoor permit. One only needs to look up complaints from the past(especially St. Patrick's Day)to see that this would be a disaster for every family in the area, and all elementary and middle school students that walk by this establishment on their way home from school. Thank you, Susan Ramsay 697-1550 10/1/2008 ars that the proposed "Drafthouse"Sidewalk Café will be collocated with the existing outdoor seating area associated with the Lit Lounge. Attached are some pictures of Spring Ridge Plaza and Pacific Square. The existing outdoor patio area of"LiT" is shown in a picture on their website. We do not need another outdoor café that allows for the consumption of liquor in our community. Respectively Submitted, signed Robert Tucker • 22 • 05 526 . ...._.. .�_�._...._. • ..• rR•)Viet I ' For the fifteenth Lease Year$21.40 per foot or$84,808.20 for the Lease Year,payable$7,067.35 each month For the sixteenth Lease Year$22.04 per foot or$87,344.52 for the Lease Year, payable $7,278.71 each month , For the seventeenth Lease Year $22.70 per foot or $89,960.16 for the Lease Year, payable • $7,496.68 each month 0 1 • , 21 • 05 525 .• • . . • r entity(i)whose primary business activity within the space lease, is or would he bars or sports bar only. For purposes of this Limited Exclusive Use, the definition of"bars" or "sports bars" does include tenants whose alcohol sales are more than 60% of its gross sales. 20 05 524 17 05 521 • . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• DOUGLAS COUNTY SHERIFF'S OFFICE INTER-BUREAU COMMUNICATION TO Sheriff Tim Dunning via Chief Deputy Bilek DATE: 06 June 2008 FROM: Capt. Russ Torres SUBJECT: Drafthouse Comparables ❑ REVIEW/REPLY REQUESTED ® INFORMATION ONLY ❑ COPY FOR EMPLOYEE Purpose: Provide comparable lounges with The Drafthouse utilizing 911 call data, Douglas County IMS queries, and NE Liquor Control Commission information. The Douglas County Board of Commissioners requests this information. Businesses: 1) THE DRAFTHOUSE, 1201 S. 180th Street, License #67032, General Description: one-story building approx. 3,773 sq. ft. located in the Spring Ridge Plaza Shopping Center. Original License issued: 3/31/2005 2) WET LOUNGE, 1021 S. 178th Street, License # 71049, General Description: one-story building approx. 3,315 sq. ft., including a 288 sq. ft. walk-in cooler, and triangle shaped outdoor patio area approx. 35' x 35' x 20'. Original License issued: 6/8/2006 3) LIT RESTAURANT & LOUNGE, 1129 S. 180th Street, License# 73908, General Description: one- story, irregular-shaped building, approx. 3,750 sq. ft., including a 38' x 30' sidewalk café, located in the Spring Ridge Plaza Shopping Center. Original License issued: 9/19/2006 4) THE NEST LOUNGE, 2638 S. 158th Plaza, License # 58731, General Description: one-story building approx. 2,000 sq. ft. with a 1,296 sq. ft. outdoor patio. Original License issued: 4/21/2003 5) THE ECLIPSE TAVERN, 1201 S. 157th Street, License # 53461, General Description: one-story, L- shaped, building approx. 1,950 sq. ft. (30' x 65'). Original License issued: 11/30/2001 Data Comparison: The following table provides a side-by-side comparison of 911 call data for the above-listed business (data provided by 911 Communications for the previous 12 calendar months—Number of calls in parentheses): DRAFTHOUSE(11) _ WET LOUNGE(13) LIT LOUNGE(5) ECLIPSE(24) NEST LOUNGE(0) Date Type Date Type Date Type Date Type N/A 7/22/07 Theft 9/4/07 Alarm 6/16/07 Liquor Violation 6/7/07 Alarm (No 911 Calls) 8/17/07 Assault In 9/8/07 Disturbance 8/8/07 Alarm 6/13/07 Trespassing Progress 10/6/07 Assault In 9/30/07 Disturbance 11/24/07 Fight 6/23/07 Misdialed Call Progress 10/14/07 Liquor 10/29/07 Alarm 2/12/08 Alarm 7/25/07 Alarm Violation 10/20/07 Disturbance 10/30/07 Alarm, `Y 3/8/08 Fight 9/8/07 Liquor Violation 3/22/08 Overdose 11/8/07 ¢ Noise f�� 10/2/07 Hold-up Alarm Complaint 4/12/08 Nature Unk. 11/10/07 `42istriffbance 10/8/07 Suspicious Person 4/13/08 Assault 1/13/08 Disturbance 10/27/07 Alarm Report 4/26/08 Fight 3/13/08 Fight 11/20/07 Medical:Breathing 4/30/08 Auto Theft 3/22/08 Disturbance 12/9/07 Panic Alarm 5/3/08 Assault 4/19/08 Parking 1/11/08 Threats Report Violation Continued on Page 2 1 ASF-118AChain(8/2004) . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• DRAFT>HOUSE WET LOUNGE LIT LOUNGE ECLIPSE NEST LOUNGE Dale Type Date Type Date. Type Date Type N/A 5/29/08 Officer 1/17/08 Reckless Initiate?t Endangerment i 5/31/08 /` Noise / 1/20/08 Alarm / Complaint / 1/21/08 Alarm(6 calls) 3/4/08 Alarm 4/11/08 Alarrrl 4/24/# Noise Complain 4/24 08 Acci 5/2/08 Medical:Allergic Reaction The following table provides a side-by-side comparison of Douglas County IMS query data (reports)for the aforementioned businesses (includes all entries—if any): DRAFTHOUSE(11) WET LOUNGE(6) LIT LOUNGE(0) ECLIPSE(0) NEST LOUNGE(1) Date Type Date Type . Date Type Date Type Date Type 5/17/05 Tavern Report 4/20/07 Tavern Report N/A(No Entries) N/A(No Entries) 11/22/04 Burglary Report (Panic Alarm-False) (Fight Disturbance) 6/20/05 Tavern Report 9/4/07 Burglary Report (Citation for Liquor Violation) 12/19/05 Tavern Report 3/14/08 Criminal Mischief (Disturbance- Report Assault) 2/1/06 Tavern Report 3/14/08 Tavern Report (Possible Liquor (Fight Violation) Disturbance) 2/9/06 Tavern Report 4/19/08 Criminal Mischief (Disturbance- Report Assault) - 3/15/06 Tavern Report 4/19/08 Tavern Report (Assault Report) (Disturbance- Damaged Property) 5/7/06 Tavern Report (Personal Injury Accident-DUI) 2/10/07 Tavern Report (Disturbance • - Assault) 12/26/07 Tavern Report (Disturbance- Assault) 4/13/08 Tavern Report (Assault-DV) 5/3/08 Tavern Report (Assault) Analysis: The data obtained from 911 Communications demonstrates that within the past twelve (12) months, The Drafthouse has generated eleven (11) calls for service, third in comparison to the Wet Lounge with thirteen (13) calls and the Eclipse with twenty-four(24) calls. 2 ASF-118AChain(8/2004) t In 9/30/07 Disturbance 11/24/07 Fight 6/23/07 Misdialed Call Progress 10/14/07 Liquor 10/29/07 Alarm 2/12/08 Alarm 7/25/07 Alarm Violation 10/20/07 Disturbance 10/30/07 Alarm, `Y 3/8/08 Fight 9/8/07 Liquor Violation 3/22/08 Overdose 11/8/07 ¢ Noise f�� 10/2/07 Hold-up Alarm Complaint 4/12/08 Nature Unk. 11/10/07 `42istriffbance 10/8/07 Suspicious Person 4/13/08 Assault 1/13/08 Disturbance 10/27/07 Alarm Report 4/26/08 Fight 3/13/08 Fight 11/20/07 Medical:Breathing 4/30/08 Auto Theft 3/22/08 Disturbance 12/9/07 Panic Alarm 5/3/08 Assault 4/19/08 Parking 1/11/08 Threats Report Violation Continued on Page 2 1 ASF-118AChain(8/2004) . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• • ▪ Gf the 24 calls to the Eclipse, the majority of the calls (14 = 58%) involved some type of alarm, one (1) call (4.2%) involved a possible liquor violation, and one call (4.2%) involved a noise complaint. • Of the 13 calls to the Wet Lounge, six (6) calls (46%) involved fights or disturbances, and two (2) calls (15.4%)were for noise complaints. • Of the 11 calls to The Drafthouse, six (6) calls (54.5%) involved assaults, fights or disturbances; one (1) call (9%) involved a possible liquor violation; and another for an overdose. • Of the 5 calls to the Lit Restaurant & Lounge, two (2) calls (40%) involved fights, and one (1) call (20%) involved a possible liquor violation. The report data obtained from Douglas County IMS demonstrates that The Drafthouse has generated the most reports (11) in comparison to the other businesses. The Wet Lounge is second behind The Drafthouse with six (6) reports. • Of the 11 reports generated by The Drafthouse, seven (7) reports (63.6%)were Tavern Reports for assaults /disturbances, and 1 report(9%)was a Tavern Report for a liquor violation citation (during an approximate 38 month time period). • Of the 6 reports generated by the Wet Lounge, three (3) reports (50%)were Tavern Reports for fight/ disturbances (during an approximate 24 month period). Conclusion: The data obtained from 911 Communications and Douglas County IMS revealed that The Drafthouse had a higher percentage of calls over the previous 12 months related to assaults/fights /disturbances, and an overall greater proportion of Tavern Reports when compared to the other listed businesses. This report does not provide a security factor for all of the businesses; however, it is known by scanning the reports that both The Drafthouse and the Wet Lounge employ security officers. Respectfully Submitted, • Capt. Russ Torres, S253 Uniform Services Bureau 3 ASF-118AChain(8/2004) s: The data obtained from 911 Communications demonstrates that within the past twelve (12) months, The Drafthouse has generated eleven (11) calls for service, third in comparison to the Wet Lounge with thirteen (13) calls and the Eclipse with twenty-four(24) calls. 2 ASF-118AChain(8/2004) t In 9/30/07 Disturbance 11/24/07 Fight 6/23/07 Misdialed Call Progress 10/14/07 Liquor 10/29/07 Alarm 2/12/08 Alarm 7/25/07 Alarm Violation 10/20/07 Disturbance 10/30/07 Alarm, `Y 3/8/08 Fight 9/8/07 Liquor Violation 3/22/08 Overdose 11/8/07 ¢ Noise f�� 10/2/07 Hold-up Alarm Complaint 4/12/08 Nature Unk. 11/10/07 `42istriffbance 10/8/07 Suspicious Person 4/13/08 Assault 1/13/08 Disturbance 10/27/07 Alarm Report 4/26/08 Fight 3/13/08 Fight 11/20/07 Medical:Breathing 4/30/08 Auto Theft 3/22/08 Disturbance 12/9/07 Panic Alarm 5/3/08 Assault 4/19/08 Parking 1/11/08 Threats Report Violation Continued on Page 2 1 ASF-118AChain(8/2004) . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• REVIEWED BY: ACTION TAKEN .. Sgt/Sup.. ❑Discuss w/employee ❑Forward thru COC w/recommendation ❑Handled and returned to employee ❑No Action/Return to employee Date: Date/Time: Specific Action/Recommendation: Lt. 0 Discuss w/employee 0 Forward thru COC w/recommendation 0 Handled and returned to employee ❑No Action/Retum to employee Date: Date/Time: Specific Action/Recommendation: Capt. 0 Discuss w/employee ❑Forward thru COC w/recommendation ❑Handled and returned to employee ❑ No Action/Return to employee Date: Date/Time: Specific Action/Recommendation: Chief Bilek ❑Discuss w/employee ❑Forward thru COC w/recommendation 0 Handled and returned to employee ❑No Action/Return to employee Date: Date/Time: Specific Action/Recommendation: Sheriff Dunning ❑Discuss w/employee 0 Forward thru COC w/recommendation 0 Handled and returned to employee 0 No Action/Return to employee Date: Date/Time: Specific Action/Recommendation: • UPON DISPOSITION COPIES TO: 0 Employee ❑ Supervisor 0 Sergeant 0 Lieutenant 0 Captain ❑Chief 0 Sheriff ❑Other 4 ASF-118AChain(8/2004) ht/ disturbances (during an approximate 24 month period). Conclusion: The data obtained from 911 Communications and Douglas County IMS revealed that The Drafthouse had a higher percentage of calls over the previous 12 months related to assaults/fights /disturbances, and an overall greater proportion of Tavern Reports when compared to the other listed businesses. This report does not provide a security factor for all of the businesses; however, it is known by scanning the reports that both The Drafthouse and the Wet Lounge employ security officers. Respectfully Submitted, • Capt. Russ Torres, S253 Uniform Services Bureau 3 ASF-118AChain(8/2004) s: The data obtained from 911 Communications demonstrates that within the past twelve (12) months, The Drafthouse has generated eleven (11) calls for service, third in comparison to the Wet Lounge with thirteen (13) calls and the Eclipse with twenty-four(24) calls. 2 ASF-118AChain(8/2004) t In 9/30/07 Disturbance 11/24/07 Fight 6/23/07 Misdialed Call Progress 10/14/07 Liquor 10/29/07 Alarm 2/12/08 Alarm 7/25/07 Alarm Violation 10/20/07 Disturbance 10/30/07 Alarm, `Y 3/8/08 Fight 9/8/07 Liquor Violation 3/22/08 Overdose 11/8/07 ¢ Noise f�� 10/2/07 Hold-up Alarm Complaint 4/12/08 Nature Unk. 11/10/07 `42istriffbance 10/8/07 Suspicious Person 4/13/08 Assault 1/13/08 Disturbance 10/27/07 Alarm Report 4/26/08 Fight 3/13/08 Fight 11/20/07 Medical:Breathing 4/30/08 Auto Theft 3/22/08 Disturbance 12/9/07 Panic Alarm 5/3/08 Assault 4/19/08 Parking 1/11/08 Threats Report Violation Continued on Page 2 1 ASF-118AChain(8/2004) . • ortionate share thereof. Landlord•shall also furnish Tenant, from time to time, with such information substantiating the Common Area Charges as Tenant may reasonably request. Tenant shall also have the right, at any time tiormm time to time upon request,during normal business hours,at its expense,to audit Landlord's books and records ' concerning such charges. S • 7 05 '511.• r.�_... .._-• •••••.._.._..,,, • t�.al by such separate insurance. 6. . . 05 510• s.....4, Ar. ' . ,. lit,,,• . . .1 . ,. . *,•$' • - ' i .. • '," 1 ';&•q ie.!' -... . ‘. i'' • ' 7;1„! •-•,,',4 .!, . y .,' i''•i.-• : ...i, .., . •.... - , ' (Crqt••,(4-*•Wie r,'... •,.,I - ,,JAI,0 4,,,k.c....,i-.•• ,, ..7 ,...., . ' ....'..t.'''..'',:i',1. 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Pacific Square is the location of the Wet Lounge, which has an existing outdoor seating area. Page 1 of 1 Johnson, Carman (CCIk) From: JERRY SESTAK [jsestak@cox.net] Sent: Wednesday, September 24, 2008 10:46 AM To: Johnson, Carman (CCIk) Subject: The Drafthouse, inc. Hearing Dear Ms. Johnson: Our homeowners association represents 52 homes located on the Southeast Corner of 180th and Pacific Streets. Several of our homes are located directly across 180th Street just west of The Drafthouse. We wish to request a delay in the above mentioned hearing. The Douglas County Sheriff's office has records of their responses to numerous complaints called in against The Drafthouse over the last 2 years. These complaints are of public urination, fighting, property damage, etc, caused by patrons of The Drafthouse, in additon to excessivly loud music. Now that the area has been annexed by the City of Omaha we request the delay in order to allow time for the record of these complaints to be provided to the Omaha Police Department and to be available to the Omaha City Council. We have requested these records to be provided to the Omaha Police Department, however, they will not be available in time for the meeting on September 30. It is our belief that these records will demonstrate to the Council that The Drafthouse should be denied a Sidewalk Cafe and outdoor beer garden, due to the increased loud and unruly activity associated with the patrons of The Drafthouse. As you may already know, the Douglas County Commissioners have previously denied such application. We therefore respectfully request a 2 week delay in this hearing. Thank you for your attention to this request. Jerry Sestak President Whispering Pines Town home Owners Association Address: 1309 South 181 Plaza, Omaha, Ne. 68130 Email: esta @ js k cox.net Phone#402-758-1028 9/25/2008 11 A , c q 0 7 3 � + 07 § • Z cp ° gz P . cr E• C ,io = D \ 5. • w E q % / 2 R q R , �2 - & / m E ° . kR. ? 57' / Cu' • o l' . .. / 0 R ƒ 9S � o,. % \ 1 O 8 : top ƒ E ƒ a a n n q § §' d Z q " _, . P ° z' G li Pa S L., CD§ _ § 4. 0 al..116 .1 CD @ o ) , ` @ § cn \ N . •\ -D INTER-OFFICE COMMUNICATION September 18, 2008 To: Buster Brown, City Clerk From: Jay G. Davis, Chief Building Inspector, Permits and Inspection Division Subject: Liquor posting for 1203 South 180th Street We have posted the property at 1203 South 180th Street as required. The proposed area may reduce parking on the site. This is to inform you that they have to submit to the City of Omaha Planning Department, a site plan drawn to scale for review. The plan must include all improvements, structures and parking areas. They must also include the proposed location of the outdoor area and the type of fence they intend to construct. A building permit will be required for the fence. This will be a separate application from the site plan review. The fee for the site plan review is $85.00 I am also requesting a layover until the above items are complied with. If you have any further questions, please feel free to contact me at 444-5364. 2 A J / § U 9 d ¢ q / \ \ n \• § P E § m o* n r o §' §' § & G P "' 7 6 ) - © § R m - Cl) E a' @ \ q § 7 § § 5' n n ^ % \, n & ? n'R / 7 ƒ ]. ® Cl) E o § _ \ k 4 \ ~ ® C po 2 - , - ., n f / 7 q p A • \ 7 q Cl) A, ` k 2 k` 0 •3 ? o 4 CD ecJ O fW R W § ) I. /. / + 7 A ƒ . 11 .1 cD n / » § U co k 8 / R' § § U •\