RES 2008-1067 - Addition of beer garden to Elbow Room 0 o��4 r"4• 14 "�
y 6
STATE OF NEBRASKA
"�1 ,Yw,;;",�;; Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION
4 �+ �r ;a; p
i Governor oa Jul P)i- /� Hobert B. Rupe
= C1 C�,*' Executive Director
i 9 '� ' 301 Centennial Mall South, 5th Floor
P.O.Box 95046
C L.E.RA July 15, 2008
Lincoln, Nebraska 68509-5046
HA, y: '•+y Phone(402)471-2571
'' �' Fax(402)471-2814
OMAHA CITY CLERK TRS USER 800 833-7352(TTY)
1819 FARNAM STREET LC-1 web address:http://www.lcc.ne.gov/
OMAHA NE 68183
GATER INC DBA ELBOW ROOM
Liquor License# C-61358
Dear Clerk
The above licensee has requested a/an ADDITION:
TO: 4973 CENTER STREET
OMAHA NE 68106/DOUGLAS COUNTY
Adding: BEER GARDEN APPROX 14' X 10'
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
L ,
aNi 1.
t
Tami Applebee
Licensing Division
to
cc: file
Rhonda R. Flower Bob Logsdon Pat Thomas
Commissioner Chairman Commissoner
An Equal Opportunity/Affirmative Action Employer
Printed with soy ink on recycled paper
or fax)
to the City Clerk's Office 7 days in advance of the public hearing.
Sincerely yours,
/a-54:32
Buster Brown
City Clerk
BJB:clj
(> " HOSPITAL,c7 " HOME FOR THE AGED,INDIG NT .5-1/kT(ISN
OR VETERANS 69 A-- COLLEGE OR UNIVERSITY d
1 .21.ieS
(Authorized Signature) (Date)
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MAUL.HEWITT
!�'wtary P�461ic���` �
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Respectfully submitted, `ilv7SMar �) Marcy Ot.A�ziog arnee
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STATE OF NEBRASKA,County of
Flied for record and entered in Numerical Index on 19. at o'clock.'..M.,and
recorded in Deed Record Page. NfattA A •
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1..j AL' 3 Cou Deputy Counerk •
FIB ° '3 a0 Registerntyor or Deputy RegistertyGlof Deeds, .
Meng C••••••I C •. rnoonoaTtnel WaoaaMTV nFFn .
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FROM TO
oLcxa 1 61 `Ti a g o_ _ ..�
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financing only
upon the basis of modification of the terms and provisions of this Lease,Landlord shall have the right to cancel this
Lease if Tenant refuses to approve in writing any such modifications of the terms and provisions of this Lease.
Landlord shall have the right to cancel this Lease if Tenant refuses to approve in writing any such modifications within
fifteen(15)days after Landlord's request therefore. If such right to cancel is exercised,this Lease shall thereafter be
null and void,any security deposited hereunder shall be returned to Tenant,and neither party shall have any liability
to the other by reason of such cancellation.
iod of five(5)
days after written notice thereof to Tenant.
13
uired to be
restored by Landlord in Section 8.1,Article XV and Article XVI of this Lease.
7
er, but excluding
general real estate taxes, assessments, and depreciation of Landlord's original investment. The proportionate share
to be paid by Tenant of the cost of operation, management, and maintenance of the Common Area shall be
computed on the ratio that the total leasable area of the Premises bears to the total leasable area of all buildings
5
LIQUOR LICENSED ESTABLISHMENT HISTORY
LICENSE #C 61358
CATER, INC 4973 CENTER STREET 68106 556-0867
DBA ELBOW ROOM MAIL: 16527 ROLLING RIDGE RD 68135
NLCC ORDERS
OTHER ACTIVITIES
10-28-03-PURCHASE FROM MORROW, LARRY* RES#1402 GRANT* 12-16-03-KENO APP
RES#1595 ADOPT* 1-9-04 - KENO OPENED *8-12-08 -REQ ADD BEER GARDEN APPROX
14' X 10' TO THE SOUTH *
LICENSED PREMISES
MAIN FL APPROX 32'X 61' PLUS BASEMENT
OFFICERS:
PRES/MGR-ERIC GATES, 16527 ROLLING RIDGE RD, 68135 (C) 214-6975
00 0 -t »
\ §
00000 LIEN NUMBER
ACTION ENTERED BY PN1 VERIFIED BY LM1
IMAGING DOCUMENT 1D
PF2-MORE NAMES PF3-DELIVERY BOOK PF4-ALL NAMES PF5-ALL LOTS . PF6-SALES
•
•
Date : 6/25/2008 Time : 3 :12 :24 PM
1
o s �'
RECEIVED
• 08 JUL 31 P1112: 2
CITY CLE
Gater Inc. (dba The Elbow Room) plans
to build a beer garden on the southeast corner
of the building measuring loft (north to south)
and 14ft (east to west). There will be a separate
entrance to the beer garden through the pool
room ( a door will be installed on the south
wall). There will be an eight foot privacy fence
to surround the beer garden with an emergency
exit on the west fence. There is already a secu-
rity camera outside pointing in the proposed
area.
Thanks,
Gater Inc.
Eric Gates
PF2-MORE NAMES PF3-DELIVERY BOOK PF4-ALL NAMES PF5-ALL LOTS . PF6-SALES
•
•
Date : 6/25/2008 Time : 3 :12 :24 PM
1
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_ — - PrirtFesrrR"',
APPLICATION FOR ADDITION O V E D
TO LIQUOR LICENSERE=ems
NEBRASKA LIQUOR CONTROL COMMISSION JUL 15 ZOOS I
VED
i 301 CENTENNIAL MAIL SOUTH
PO BOX 95046 1
•
ON:(ce)7�i •CON RRo C OMMISSIOrR �UN 0 1d0� •
PAX(402)471-2814 .
Website: wor:v.kc.nr„goy NEBRASKA LIQUOR .
CONTROL COMMISSION •
Application:
Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission •
•
• Must include'a copy of the lease or deed showing ownership of area to be added
• o This is still required even if it's the same as on file with our office
Mist include simple sketch showing existing licensed area and area to be'added,must include' . ' 4,,
outside dimensions in feet(not square feet),direction north. No blue prints.
- _ .,.._.,_ .-- _
LIQUOR LICENSE# f3 5-c '
LICENSEE NAME F1-7117:4-7'..:Z)C.,, d '
TRADE NAME' _
a,._- *::awl
PREMISE ADDRESS 14173 c�"- /To
CI1"St ,
CONTACT PERSON _ _. -/-T fi- '`~ ._ _...
PHONE NITNIBER OP CONTACT PERSON CI Z)q ' e 7 5 . __ _-. _
•
Complete the following questions: .
Are y-ou adding on to your baQ Yes No
• Include a akdt4dt of the area to be added showing:
o existing building
•
O outside dimensions(in feet)
o direcdon.north
2) Are you adding an-outdoor area? R Yes CD No
If an outdoor area(cheek one of the following) '
Air 012.07"Beer garden"shalt mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
include,but are not restricted to sand volleyball,horseshoe.pits...)
8u s / P P( ' '•I ,
gs , 08000'yren gi1'3266 i
1 . •
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s location. 1 � s
Respectfully submitted, `ilv7SMar �) Marcy Ot.A�ziog arnee
e L_
1-10 (0 Mat
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yb b'b IYl tit i it 6 1,1_w -,nal xiek a
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STATE OF NEBRASKA,County of
Flied for record and entered in Numerical Index on 19. at o'clock.'..M.,and
recorded in Deed Record Page. NfattA A •
•
''" /?a/ N 9.0-n\2 3Cf0 r _FEE 6-m1: 1. IrfCr e T �
(- •
$ °>4//1^'o2 Da MC .
1..j AL' 3 Cou Deputy Counerk •
FIB ° '3 a0 Registerntyor or Deputy RegistertyGlof Deeds, .
Meng C••••••I C •. rnoonoaTtnel WaoaaMTV nFFn .
TO FROM TO
at t� U r� �?'��`��P` Nei 2 0 2.,►.
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YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMB
FROM TO
oLcxa 1 61 `Ti a g o_ _ ..�
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financing only
upon the basis of modification of the terms and provisions of this Lease,Landlord shall have the right to cancel this
Lease if Tenant refuses to approve in writing any such modifications of the terms and provisions of this Lease.
Landlord shall have the right to cancel this Lease if Tenant refuses to approve in writing any such modifications within
fifteen(15)days after Landlord's request therefore. If such right to cancel is exercised,this Lease shall thereafter be
null and void,any security deposited hereunder shall be returned to Tenant,and neither party shall have any liability
to the other by reason of such cancellation.
iod of five(5)
days after written notice thereof to Tenant.
13
uired to be
restored by Landlord in Section 8.1,Article XV and Article XVI of this Lease.
7
er, but excluding
general real estate taxes, assessments, and depreciation of Landlord's original investment. The proportionate share
to be paid by Tenant of the cost of operation, management, and maintenance of the Common Area shall be
computed on the ratio that the total leasable area of the Premises bears to the total leasable area of all buildings
5
. 0 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or
hotel with a restaurant.license,far the service of meals as well as alcoholic liquors,and which is •
' fence,wall.railing:mne or chain,defining the licensed area,provided that one open entrance not to exceed eight(8).feet
shall be allowed. •
•
• :
What type of permanent fencin-,will you be i : , - ♦ PT P�.�.i/14c- •-,► ,_ �r _,4
• Include a;sketch of the area to be added showing: :
• o existing building •
` D
o outside dimensions(in feet) . E EI Y E
• o directiOIIIIorth •
�1JN 3 0 gill
Cgge 0/M5— . .
.Print Name of Signature, • . •
• . •
- '. ,' of Licensee or Officer •
•
State of Nebraska •
County of C3QV6L5
The forgoing instrument before .
meth •� o$ .
•
•
•
Notary Public Signature .
GLIERac ITARY-soft :
t •
•
• 2
.
Are y-ou adding on to your baQ Yes No
• Include a akdt4dt of the area to be added showing:
o existing building
•
O outside dimensions(in feet)
o direcdon.north
2) Are you adding an-outdoor area? R Yes CD No
If an outdoor area(cheek one of the following) '
Air 012.07"Beer garden"shalt mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
include,but are not restricted to sand volleyball,horseshoe.pits...)
8u s / P P( ' '•I ,
gs , 08000'yren gi1'3266 i
1 . •
l V
s location. 1 � s
Respectfully submitted, `ilv7SMar �) Marcy Ot.A�ziog arnee
e L_
1-10 (0 Mat
. v\AGM 6t. ) r LIU 6-7 ILiiptir .
yb b'b IYl tit i it 6 1,1_w -,nal xiek a
briuth-41-) I4l-I, a2 r•
e
'7
'„(
\ .
•
STATE OF NEBRASKA,County of
Flied for record and entered in Numerical Index on 19. at o'clock.'..M.,and
recorded in Deed Record Page. NfattA A •
•
''" /?a/ N 9.0-n\2 3Cf0 r _FEE 6-m1: 1. IrfCr e T �
(- •
$ °>4//1^'o2 Da MC .
1..j AL' 3 Cou Deputy Counerk •
FIB ° '3 a0 Registerntyor or Deputy RegistertyGlof Deeds, .
Meng C••••••I C •. rnoonoaTtnel WaoaaMTV nFFn .
TO FROM TO
at t� U r� �?'��`��P` Nei 2 0 2.,►.
�0 � '' c tt x Y Za 2 40 •.
L I(EP, � iY JtD 2 0 •1►
► � y�° Ile ypE ¢yam +iit r h S5°I S I °, yN;a 1 . € 1
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'7€� P �f'� k �s ' dui
�,. � �_' m ��� t'�'� .9 14.Yx3a,' r' � �. •''�f ��'.`a-t?:Wr,`•t' " ��t
YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMB
FROM TO
oLcxa 1 61 `Ti a g o_ _ ..�
°/
financing only
upon the basis of modification of the terms and provisions of this Lease,Landlord shall have the right to cancel this
Lease if Tenant refuses to approve in writing any such modifications of the terms and provisions of this Lease.
Landlord shall have the right to cancel this Lease if Tenant refuses to approve in writing any such modifications within
fifteen(15)days after Landlord's request therefore. If such right to cancel is exercised,this Lease shall thereafter be
null and void,any security deposited hereunder shall be returned to Tenant,and neither party shall have any liability
to the other by reason of such cancellation.
iod of five(5)
days after written notice thereof to Tenant.
13
uired to be
restored by Landlord in Section 8.1,Article XV and Article XVI of this Lease.
7
er, but excluding
general real estate taxes, assessments, and depreciation of Landlord's original investment. The proportionate share
to be paid by Tenant of the cost of operation, management, and maintenance of the Common Area shall be
computed on the ratio that the total leasable area of the Premises bears to the total leasable area of all buildings
5
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YEAR NAME OF EMPLOYER NAME OF SUPERVISOR TELEPHONE NUMB
FROM TO
oLcxa 1 61 `Ti a g o_ _ ..�
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financing only
upon the basis of modification of the terms and provisions of this Lease,Landlord shall have the right to cancel this
Lease if Tenant refuses to approve in writing any such modifications of the terms and provisions of this Lease.
Landlord shall have the right to cancel this Lease if Tenant refuses to approve in writing any such modifications within
fifteen(15)days after Landlord's request therefore. If such right to cancel is exercised,this Lease shall thereafter be
null and void,any security deposited hereunder shall be returned to Tenant,and neither party shall have any liability
to the other by reason of such cancellation.
iod of five(5)
days after written notice thereof to Tenant.
13
uired to be
restored by Landlord in Section 8.1,Article XV and Article XVI of this Lease.
7
er, but excluding
general real estate taxes, assessments, and depreciation of Landlord's original investment. The proportionate share
to be paid by Tenant of the cost of operation, management, and maintenance of the Common Area shall be
computed on the ratio that the total leasable area of the Premises bears to the total leasable area of all buildings
5
Commercial Lease RECEIVED
This lease" made between Fate- egtorif4JR 3
of greil~:called or, �R
of n_ Mt` ''Sl n
,herein called Lessee.Lessee ereby offers to lease from Lessor e
premises situated in the City of Crht:ShIA , Count(of
State of 14fe P► 1CPr ,described as tier S .rvartlk.
upon the following TERMS and CONDITIONS:
1.Term and Rent. Lessor demises the above premises for a term of 25 years,commenting S E#TtEkle
2001 ,and terminating on "r�C R 3) ,20 32 ,or sooner as provided herein at the annual rental
of - 121 Qde- -.-_._- ._..—Dollars-($4t-a00.— ..}payable-in-equatinstaiiments-in advance-on-the-firsf day ._._._ -
of each month for that month's rental,during the term of this lease. All rental payments shall be made to Lessor,at the address
specified above.
2.Use. Lessee shall use and occupy the premises for .The premises shall •
be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose.Lessee shall not use
the premises for the purposes of storing,manufacturing or selling any'explosives,flammables,or other inherently dangerous
substance,chemical,thing,or device.
3.Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair,unless
otherwise indicated herein. Lessee shall,at his own expense and at all times,,maintain the premises in good and safe condition,
induding plate glass,electrical wiring,plumbing and heating installations and any other system or equipment upon the premises
and shall surrender the same,at termination hereof:in as good condition as received,normal wear and tear excepted. Lessee
shall be responsible for all repairs required,excepting the roof,exterior walls,structural foundations,and:
which shall be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to the premises,such
as sidewalks,driveways,lawns and shrubbery,which would otherwise be required to be maintained by Lessor.
4.Alterations. Lessee shall not,without first obtaining the written consent of Lessor,make any alterations,additions,or
improvements,in,to or about the premises.
5.Ordinances and Statutes. Lessee shall comply with all statutes,ordinances and requirements of all munldpal,state and
federal authorities now in force,or which may hereafter be in force,pertaining to the premises,occasioned by or affecting the
use thereof by I PcsPe. - - - --- ... _ _ -
6.Assignment and Subletting. Lessee shall not assign this lease or sublet any porton of the premises without prior writtten
consent of the Lessor,which shall not be unreasonably withheld. Any such assignment or subletting without consent shall.be
void and,at the option of the Lessor,may terminate this lease.
7.Utilities. All applications and connections for necessary utility services on the demised premises shall be made in the name
of Lessee only,and Lessee shall be solely liable-for utility charges as they become due,induding those for sewer,water,gas,
electricity,and telephone services. In the event that any utility or service provided to the premises is not separately metered,
Lessor shall pay the amount due-and separately invoice Lessee for Lessee's pro rata share of the charges.Tenant shall pay such
amounts within fifteen(15)days of invoice. Lessee acknowledges that the leased premises are designed to provide standard of-
fice use electrical fadiities and standard office lighting. Lessee shall not use any equipment or devices that utilize excessive elec-
trical energy or that may,in Lessor's reasonable opinion,overload the wiring or interfere with electrical services to other tenants.
8.Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable times and
upon reasonable notice,for the purpose of inspecting the same,and will permit Lessor at any time within sixty(60)days prior to
the expiration of this lease,to place upon the premises any usual"To Let"or"For Lease'signs,and permit persons desiring to
www.socates.com ' Page 1 of 3 ®2004,Soots Media,U.E
11140.1•Rev.04104
e
null and void,any security deposited hereunder shall be returned to Tenant,and neither party shall have any liability
to the other by reason of such cancellation.
iod of five(5)
days after written notice thereof to Tenant.
13
uired to be
restored by Landlord in Section 8.1,Article XV and Article XVI of this Lease.
7
er, but excluding
general real estate taxes, assessments, and depreciation of Landlord's original investment. The proportionate share
to be paid by Tenant of the cost of operation, management, and maintenance of the Common Area shall be
computed on the ratio that the total leasable area of the Premises bears to the total leasable area of all buildings
5
•
•
lease the same to inspect the premises thereafter. •
' 9.Parking. During the term of this lease,Lessee shall have the nonexdushie use in common with Lessor,other tenants of the
building,their guests and invitees,of The nonreserved common automobile parking areas,driveways,and foot ways,subject to
rules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate Park-
ing areas within the building or in a reasonable proximity thereto,for Lessee and Lessee's agents and employees. Lessee shall
provide Lessor with a list of all license numbers for the cars owned by Lessee,its agents and employees, Separated structured
.parking,if any,located a out the building is reserved for Lessees of the building who rent such parking spaces. Lessee hereby
leases from Lessor Pt' spaces in such a structural parking area,such spaces to be on a first-co -served basis.In
consideration of the leasing to Lessee of such spaces,Lessee shall pay.a monthly rental N/14 Dollars
($, AV//�. .)per space throughout the term of the lease. Such rent shall be due and payable each month without
demand at the time herein set for the payment of other monthly rentals,in addition to such other rentals.
10.Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof,Lessor shall not be
liable for any damage caused thereby,nor shall this lease be void or voidable,but Lessee shall not be liable for any rent until
possession is delivered. Lessee may terminate this lease if possession is not delivered within if/4 days of the commence-.
ment of the term hereof.
11.indemnification of Lessor. Tothe extent of the law,Lessor shall not be liable for any damage or injury to Lessee,or any
other person,or to any property,oocurdng on the demised premises or any paff'tihereot Lessee agrees tointiernnify and hold • T •-•
Lessor harmless from any claims for damages which arise in connection with any such occurence.Said indemnification shall
include indemnity from any costs or fee which Lessor may incur in defending said claim.
la.Insurance. Lessee,at his expense,shall maintain plate glass and public liability insurance Including bodily injury and prop-
erty damage insuring Lessee and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate shall
provide for a ten-day written notice to Lessor in the event Of cancellation or material change of coverage To the
maximum extent permitted by insurance polices which may be owned by Lessor or Lessee,Lessee and Lessor,for the
benefit of each other,waive any and all rights of sub rogation which might otherwise exist.
If the leased premises or any other part of the building is damaged by fire or other casualty resulting from any act of
negligence of Lessee or any of Lessee's agents,employees or invitees,rent shall not be diminished or abated while
such damages are under repair,and Lessee shall be responsible for the costs of repair not covered by insurance.
13.Eminent Domain. If the premises or any part thereof Or any estate therein,or any Other part Of the building materially
affecting Lessee's use of the premises,shall be taken by eminent domain,this lease shall terminate on the date when title vests
pursuant to such taking. The rent,and any additional rent,shall be apportioned as of the termination date,and any rent paid
for any period beyond that date shall be repaid to Lessee. Lessee shall riot be entitled to any part of the award for such taking
or any payment in lieu thereof,but Lessee may file a dairn for any taking of fixtures and improvements owned by Lessee,and for
• moving expenses.
14.Destruction of Premises. In the event of a partial destruction of the premises during the term hereot from any cause,Lessor
shallforthwith repair the same,provided that such repairs can be made within sixty(60)days under existing governmental laws
and regulations,but such partial destruction shall not terminate this lease,except that Lessee shall be entitled to a proportionate
reduction of rent while suditer atrs are being rnadelased thpon the extentto-wtiidrthe makthgnf-such shellinterfere-with-
the business of lessee ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
9-1
shall have been so terminated by Lessor,Lessor may at any time Thereafter resume possession of the premises by any lawful
means and remove Lessee or other occupants and their effects.No failure to enforce any term shall be deem a waiver.
16.Secu Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of Dollars
($ )as security for the performance of Lessee's obligations under this lease,including out limitation,the
surrender of possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any de-
fault of lessee,Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on
hand at all times during the term of this lease. '
17.Tax Increase. In the event there is any increase during any year of the term of this lease in the City,County or State real
estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences,
whetinr because of increased rate or valuation,lessee shall pay to Lessor upon presentation of paid tax bills an amount equal
to CrX.%of the increase in taxes upon the land and building In which the leased premises are situated. In the event that
such taxes are assessed for a tax year extending beyond the term of the lease,the obligation of Lessee shall be proportionate to
the portion of the lease term included in such year.
18.Common Area Expenses, in the event the demised premises are situated in a shopping center or in a commercial
building in which there are common areas,Lessee agrees to pay his prorate share of maintenance,taxes,and insurance for the
common area.
19.Attorney's Fees. in cafe suit-Should be brought for recovery-Of the;nKaiises,or for anysunrdve hereunder;orbecause of
any act which may arise out of the possession of the premises,by either party,the prevailing party shall be entitled to all costs
incurred in connection with such action,induding a reasonable attomey's fee.
20.Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
21.Notices. Any notice which either party may or is required to give,shall be given by mailing the same,postage prepaid,to Lessee
at the premises,or lessor at the address specified above,or at such other places as maybe designated by the parties from time to
time.
22.Heirs,Assigns,Successors. This lease is binding upon and inures to the benefit of the heirs,assigns and successors in
interest to the parties.
23.Option to Renew. Provided that Lessee is not in default in the performance of this lease,Lessee shall have the option to
renew the lease for an additional term of AO months commencing at the Expiration of the initial lease term. All of the
terms and conditions of the lease shall apply during the renewal term except that the nthly rent shall be the sum of$.//,d
. _.The option shall be exercised by written notice given to Lessor not less than N days prior to the expiration the
initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire.
24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty.
25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disdosure:'Radon Gas°is a naturally
occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to pe ns
who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in 4/if
.Additional information regarding radon and radon testing may be obtained from your county public health unit..
26.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution
hereof:
_.
Signed this Z2 day of ,AO&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
I
• PLANNING DEPARTMENT REPORT r'1 t- L. F i V �"
L�f
DATE: JULY 18 2008 DUE DATE: JULY 31, 2008)
• JUL 38 Mill: 09
CITY COUNCIL HRG AUGUST 12,2008
CITY C1 ..-
LOCATION: 4973 CENTER STREET `i.1 "
LEGAL DESCRIPTION: ADDITION OF A BEER GARDEN APPROX. 14' X 10' TO THE
SOUTH
APPLICANT: GATER, INC.,DBA "ELBOW ROOM"
REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "C" LIQUOR
LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BAR
THIS REQUEST DOES(X) C� 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: ORDINANCE NO. (Only i i last 24 months)
EXISTING ZONING. EXITING LAND USE: 7'`1C
ANDRT EN AND U NDLAMWt : ( l s (
s T ( 0nil AASRG A— iST121 cT /t9�(P
s, VISA-P UVl vtl4/2-c-a A- c-;7 dC—T C C_.
vl.ST02 tt /l — w� , SAC,, - (S——72% v
PARKING STALLS PROVIDED:
EXISTING USE DOES 9 ) DOES NOT( )COMPLY WITHiONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S b �
� •
MEN'S 12 5 6 Z U 21 l•.1 O1
DATE SUBJECT PROPERTY WAS POSTED: ( - Z� y
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 6�-
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: I V
(State Law) DISTANCE OF P OIL POSED LICENSE TO ANY CHURCH
SCHOOL I) HOSPITAL L...11044E-FOR THE AGED INDIGENT
OR VETERANS _ COLLEGE OR UNIVERSITY U-`,
(Authorized Signature) (Date)
incurred in connection with such action,induding a reasonable attomey's fee.
20.Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
21.Notices. Any notice which either party may or is required to give,shall be given by mailing the same,postage prepaid,to Lessee
at the premises,or lessor at the address specified above,or at such other places as maybe designated by the parties from time to
time.
22.Heirs,Assigns,Successors. This lease is binding upon and inures to the benefit of the heirs,assigns and successors in
interest to the parties.
23.Option to Renew. Provided that Lessee is not in default in the performance of this lease,Lessee shall have the option to
renew the lease for an additional term of AO months commencing at the Expiration of the initial lease term. All of the
terms and conditions of the lease shall apply during the renewal term except that the nthly rent shall be the sum of$.//,d
. _.The option shall be exercised by written notice given to Lessor not less than N days prior to the expiration the
initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire.
24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty.
25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disdosure:'Radon Gas°is a naturally
occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to pe ns
who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in 4/if
.Additional information regarding radon and radon testing may be obtained from your county public health unit..
26.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution
hereof:
_.
Signed this Z2 day of ,AO&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
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initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire.
24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty.
25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disdosure:'Radon Gas°is a naturally
occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to pe ns
who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in 4/if
.Additional information regarding radon and radon testing may be obtained from your county public health unit..
26.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution
hereof:
_.
Signed this Z2 day of ,AO&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
City
,,,, qi 4r 6� II
ofOmaha, fAlebras&a `� `��' i• ��
• 1819 Farnam—Suite LC 1 2 rAtmr-trifi• ri
Omaha, Nebraska 68183-0112 0 < '" '�
Buster Brown (402) 444-5550 A 1
City Clerk FAX (402) 444-5263 o,P97,
to
FEaRv��-i
July 29, 2008
Gater, Inc. Application for an addition to your present Class "C"
Dba"Elbow Room" Liquor License location to add a beer garden approx.
4973 Center Street 14' x 10' to the south
Omaha,NE 68106
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 August 12, 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
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initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire.
24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty.
25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disdosure:'Radon Gas°is a naturally
occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to pe ns
who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in 4/if
.Additional information regarding radon and radon testing may be obtained from your county public health unit..
26.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution
hereof:
_.
Signed this Z2 day of ,AO&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
/(1 ./c Ae-j
117o, /el e?—/t-aK
NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
CATER, INC.
DBA "ELBOW ROOM"
has applied for an
ADDITION TO THEIR PRESENT CLASS "C" [On & Off Sale beer,
wine and liquor] LIQUOR LICENSE LOCATION TO ADD A
BEER GARDEN APPROX. 14' X 10' TO THE SOUTH
located at 4973 CENTER STREET
The Omaha City Council will hold a public hearing regarding this
application on Tuesday, AUGUST 12, 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.
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
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initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire.
24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty.
25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disdosure:'Radon Gas°is a naturally
occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to pe ns
who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in 4/if
.Additional information regarding radon and radon testing may be obtained from your county public health unit..
26.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution
hereof:
_.
Signed this Z2 day of ,AO&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
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LL NAMES PF5-ALL LOTS . PF6-SALES
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Date : 6/25/2008 Time : 3 :12 :24 PM
1
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City Clerk
1819 Farnam Street OF p li G I 1 "'" 12. r
Omaha, NE 68183
.. 4
iPa
Case- Gater, Inc or DBA"Elbow Room"
4973 Center Street
Omaha, NE
August 8, 2008
Lincoln Omaha Center St South LLC
Owner- 5005 Center Street
Pamela J. Lincoln- Owner
P.O. Box 96
Los Altos, CA 94023
(402) 968-3647
Interested Parties,
I own the property on the southwest corner of 50th and Center Streets, across
the street from the "Elbow Room". Currently Subway Sandwiches is
occupying the property selling sandwiches and ice cream to all types of people.
I do not want the "Elbow Room" to add a beer garden to the south side of
the building. The first reason is that their parking lot is very small and does not
accommodate all of its customers. Many of its customers park in my lot across
the street. They do not buy sandwiches at Subway. Fights by "Elbow Room"
customers parking in my lot have been reported. The Elbow Room" has put me
in a very uncomfortable situation with my tenant, Subway Sandwiches.
The second reason that I do not want a beer garden at 4973 Center Street is
that the loud noise and disturbance caused by partying, smoking and drinking,
late at night or in the middle of the day, will effect the neighborhood's quiet
enjoyment. A beer garden at the "Elbow Room" would cause a public
disturbance.
The "Elbow Room" and its customers are not respectful of the
neighborhood now. It will only get worse, if you allow them to put a beer
garden in their very small parking lot.
For all the reasons that I have stated, I would respectfully request that you
deny this application for a beer garden at the "Elbow Room".
Respectfully,
Pamela J. Lincoln
Mmtda, di41c-teri
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on the
initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire.
24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty.
25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disdosure:'Radon Gas°is a naturally
occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to pe ns
who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in 4/if
.Additional information regarding radon and radon testing may be obtained from your county public health unit..
26.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution
hereof:
_.
Signed this Z2 day of ,AO&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
GATER, INC.
DBA "ELBOW ROOM"
has applied for an
ADDITION TO THEIR PRESENT CLASS "C" (On & Off Sale beer,
wine and liquor] LIQUOR LICENSE LOCATION TO ADD A
BEER GARDEN APPROX. 14' X 10' TO THE SOUTH
located at 4973 CENTER STREET
The Omaha City Council will hold a public hearing regarding this
application on Tuesday, AUGUST 12, 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.
y tenant, Subway Sandwiches.
The second reason that I do not want a beer garden at 4973 Center Street is
that the loud noise and disturbance caused by partying, smoking and drinking,
late at night or in the middle of the day, will effect the neighborhood's quiet
enjoyment. A beer garden at the "Elbow Room" would cause a public
disturbance.
The "Elbow Room" and its customers are not respectful of the
neighborhood now. It will only get worse, if you allow them to put a beer
garden in their very small parking lot.
For all the reasons that I have stated, I would respectfully request that you
deny this application for a beer garden at the "Elbow Room".
Respectfully,
Pamela J. Lincoln
Mmtda, di41c-teri
BJB:clj
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.
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•
on the
initial lease term. If notice is not given in the manner provided herein within the time specified,this option shall expire.
24.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the prop-
erty.
25.Radon Gas Disclosure. As required by law,(Landlord)(Seller)makes the following disdosure:'Radon Gas°is a naturally
occurring radioactive gas that,when it has accumulated in a building in sufficient quantities,may present health risks to pe ns
who are exposed to it over time.Levels of radon that exceed federal and state guidelines have been found in buildings in 4/if
.Additional information regarding radon and radon testing may be obtained from your county public health unit..
26.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a
writing signed by both parties. The following Exhibits,if any,have been made a part of this lease before the parties'execution
hereof:
_.
Signed this Z2 day of ,AO&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
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N, .
LL NAMES PF5-ALL LOTS . PF6-SALES
•
•
Date : 6/25/2008 Time : 3 :12 :24 PM
1
o s �'
HF `F. F ! i/ Eij
".. INTER-OFFICE COMMUNICATION Gtl�;
July 30, 2008 �'� (2: `
(.t
To: Buster Brown, City Clerk CITY !_
.f
)0 From: Jay G. Davis, Chief Building Inspector, Permits and Inspection
Division
Subject: Liquor posting for 4973 Center Street
We have posted the property at 4973 Center Street as required. 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.
- J
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