RES 2008-1068 - Additions of beer garden and sidewalk café to Horsemen's Park OF,gFSTq TF 104
%y:' t= ,,� I L. t L 4 `( L. �. STATE OF NEBRASKA
4. p Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION
a, .._s r _ Governor 0i,3 JUL I E Pi ): 1 Hobert B. Rupe
Executiv'Itt''```�` '$6 301 Centennial Mall South, Director th Floor
�}l _, P.O. Box 95046
July 3,,2008` Lincoln,Nebraska 68509-5046
.,t t: -I A. iy: � ^, ` 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
•
OMAHA EXPOSITION & RACING INC
DBA HORSEMEN'S PARK
Liquor License# C-39822
Dear Clerk
•
•
The above licensee has requested a/an ADDITION:
•
TO: 6303 Q STREET
OMAHA NE 68117/DOUGLAS
Adding: BEER GARDEN APPROX 12' X 14'TO THE EAST
SIDEWALK CAFÉ APPROX 40' X 50'TO THE SOUTH
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 •
OUp,t)-64
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
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
LIQUOR LICENSED ESTABLISHMENT HISTORY
LICENSE #C 39822
OMAHA EXPOSITION AND RACING, INC 6303 Q ST 68117 731-2900
DBA HORSEMEN'S PARK
NLCC ORDERS
9-21-00-10-DAY SUSP RE: SELLING TO MINOR*9-28-00-PYMNT OF FINE*4-10-07-
REQUEST TO STORE EXCESS INVENTORY IN A REFRIGERATED TRUCK PROVIDED BY
LAWLESS DISTR., IN PARKING LOT HAS BEEN ADMINISTRATIVELY APPROVED (TEMP
USE DURING THE KENTUCKY DERBY 5-4 & 5-07 &THE BELMONT STAKES 6-8 &9-07) *
OTHER ACTIVITIES
6-17-08-MGR APP (GREGORY HOSCH) CCID#812 APPROVED *8-12-08 REQ ADD'S BEER
GARDEN APPROX 12'X 14' TO THE EAST AND SIDEWALK CAFE AREA APPROX 40'X 50'
TO THE SOUTH *
LICENSED PREMISES
ENTIRE SIMULCAST BLDG APPROX 165'X 270' PLUS CLUBHOUSE TO THE WEST
APPROX 101' X 76'
OFFICERS:
MGR-GREGORY HOSCH, 6406 SOUTH 150TH STREET, 68137 (H)_894-5726 *
TREAS/MGR-RICHARD MOORE * PRES -WILLIAM VONNOY* EX SECR-RICHELLE HOSCH
*TREAS -PATRICIA SHEFLAND *CORP ADDRESS-6406 SO 150TH STR, 68137 *** (OLD-
2005-2005 RENEWALS -* PRES-ROBERT LEE)
14'TO THE EAST
SIDEWALK CAFÉ APPROX 40' X 50'TO THE SOUTH
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 •
OUp,t)-64
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
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
•
•
APPLICATION FOR ADDITION
. TO LIQUOR LICENSE Office Use .
NEBRASKA LIQUOR CONTROL COMMISSION RECEIVE!)
30�XCENTENNIAL MALL SOUTHH
95046
LNCOLN,NE 68509-5046 A o
i PHON&(402)471.2571 JUL..o�+ 1uQ8
FAX(402)471.2814 •
•
waeIc« www,lcc.nemy NEBRASKA
Application: CONVOL COMMISSION
• 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# .394 A4).d
LICENSEE NAME maha Exposition&Racing,Inc.
orsemen's Park
TRADE NAME
PREMISE ADDRESS Stith Str et
CITY maha ( (�
Greg Hosch
CONTACT PERSON _- --- -- _
PHONE NUMBER OF CONTACT PERSON 402 73a-sa6a
Complete the following questions:
1) Are you adding on to your building? p Yes (! 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 a Yes ® No
If an outdoor area(check one of the following)
•
i 0 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
•. include,but are not restricted to sand volleyball,horseshoe pits..) . .
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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
13 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or
hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a permanent
fCRO,w 1.railing.Hope or chai.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 using?_
See attached
• Include a sketch of the area to be added showing:
o existing building
o outside dimensions(in feet)
• • . o direction north •
6:Pc6oci )-/oSc .
•
Pont Name of Signature .
•
•
/ S ., �1 of Licensee or Officer
State of Nebraska
•
County of
The forgoing instrupent was acknowledge before
me this '. frAe ry._.. ,Sad ...2.04,,e
Date
•
i7otary bile S afore
AtBt seat tONERAI ,-State of Nebraska
GINGER GUILFOYLE
My Comm.Exp.Aug.15,201 f
.
•
_- --- -- _
PHONE NUMBER OF CONTACT PERSON 402 73a-sa6a
Complete the following questions:
1) Are you adding on to your building? p Yes (! 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 a Yes ® No
If an outdoor area(check one of the following)
•
i 0 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
•. include,but are not restricted to sand volleyball,horseshoe pits..) . .
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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
e.• •
RECEIVED
JUL 02 ['AL
NEBRASKA UQUOR
CONTROL COMMISSION
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LL NAMES PF5-ALL LOTS . PF6-SALES
•
•
Date : 6/25/2008 Time : 3 :12 :24 PM
1
o s �'
•
LEASE AGREEMENT
This lease agreement("Lease") is made and entered into this.2 - day of
September, 2007,by and between the Nebraska Horsemen's Benevolent and
Protective Association, a nonprofit.Nebraska Corporation, having its
principal offices at 6406 S. 150th Street, Omaha,Nebraska 68137;
("Lessor"), and Omaha Exposition and Racing, Inc., a Nebraska non-profit
corporation with its principal office and place of business,at 6303 Q Street,
Omaha,Nebraska 68117; ("Lessee").
WITNESS
Lessor does hereby lease to Lessee, and Lessee does hereby take and
•tease from Lessor, for the term, at the rental,and pursuant to the articles
hereinafter set forth,the premises hereinafter defined.
ARTICLE 1.Tjt13_1‘41SES.
Lessor does hereby lease to Lessee premises whose address is 6303 Q
•• Street, Omaha,Nebraska 68117, and legal description is more fully
described in attached Exhibit"A" (legal description of the property in
question),"B" (Site plan of the simulcast facility and clubhouse),"C"
(Site plan of simulcast facility with surrounding parking area and
racetrack), "D" (Site plan of grandstand, clubhouse,jockey's quarters,
and paddock), and“E" (Site plan of three(3)horse barns and test
barn).
ude 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 a Yes ® No
If an outdoor area(check one of the following)
•
i 0 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors,and which is contained by a fence or wall preventing the uncontrolled entrance or exit of
persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may
•. include,but are not restricted to sand volleyball,horseshoe pits..) . .
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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
JLL d:dt ll . . -t•1UKbtlilE CS'1-FiKK'•- .......... ...... --...- -- - -- .• NU. 14.3/6
•
•
RRTIQLE 2: 11 RM.
A. This lease shall be fora term of three (3)years beginning on the
first day of November, 2007, and ending on the firs t day of
November, 2010.
B. 'In the absence of a written agreement to the contrary,if Lessee
remains in possession of the premises with the consent of the
Lessor after expiration,termination,or cancellation of this lease,
Lessee shall be deemed to be occupying the premises as a Lessee
from month-to-month at the rental rate provided in Article 3
herein and subject to the conditions,provisions, and obligations of
' this Lease insofar as the same are applicable to a month-to-month
tenancy.
ARTICLE 3: RENT.
The total base rent under this lease is One Hundred Fifty-Four
Thousand dollars ($154,000)per month. Lessee agrees to pay rent to
Lessor at 6406 South 150th Street, Omaha,Nebraska 68137,or at any
other place Lessor may designate in writing. Said payment is due on
or about the first day of each month commencing November 1,2007.
In addition to the base rent,Lessee shall pay all operating expenses of
the real estate of which the premises are a part, as well as parking
areas and other areas of the grounds. "Operating Expenses"shall
mean ail costs of maintAining and operating the real estate; including,
but not limited to all taxes and special assessments levied upon the
real estate, fixtures, and personal property used by the landlord at the
aforementioned real estate, all insurance costs, all costs of labor,
material and supplies for maintenance,repair,replacement,and
operation of the real estate,including,but not limited to,line painting,
lighting, snow removal,landscaping, cleaning, depreciation of .
machinery and equipment used in such maintenance, repair and °
replacement and management costs. Operating expenses shall not
include property additions and capital improvements to the real estate,
alterations made for specific tenants, depreciation of real estate,debt
service on long term debt or income taxes paid by landlord.
ARTICLIU: OCCUPANCB AND_IT$E.
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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
JUL. e.euue HUKbU1LN'S I-F <K NO.553 P.4/6
•
•
Lessee agrees that it will use the premises only for a simulcast and
live horse race operation and all incidental uses,unless Lessor
consents in writing to another use. Lessee shall not create, commit or
permit any hazard,nuisance or menace or waste to occur or exist in or
about the premises, Lessee will, at its expense,maintain the premises
in a clean, orderly and sanitary condition, free of rodents, vermin, and
other pests; keep any garbage,trash,rubbish and refuse in secure
containers until removed; and have such garbage,trash; rubbish and.
refuse removed as needed, on a regular basis, and at its.cost.
AgTICLE $: REPAIRS.ALTBRATIQNS. AND
RECONSTRUCTION.
A. Lessee shall, at its sole expense, keep the premises,(including
parking areas, drive ways,walkways, entrances, and exits), in good
order and repair,making all repairs, (structural or nonstructural),
alterations, replacements, and modifications at its own expense and
using materials and labor of a kind and quality equal to the original
work. .
B. During the lease term and renewal terms,Lessee shall have the
right, after prior written consent of the Lessor,at its own expense
and without reimbursement from Lessor,to make such alterations,
changes,and further improvements to the Premises from time to .
time considered necessary or desirable for Lessee's business on the
Premises. All proposed alterations, additions,or improvements to
the Premises shall be made only in conformity and compliance
with all applicable building laws,ordinances, and regulations. No •
alteration or change to the premises shall be made which would .
substantially lessen the value of the building and other assets
located on the premises. All alterations; improvements,changes,
or additions to the premises shall become a part of the premises,
and at the expiration or termination of the lease term or any
renewal term shall belong to the Lessor.
C. On the last day or sooner,termination of the term of this lease,
Lessee shall quit and surrender the premises and the buildings and
improvements then thereon in a reasonably clean and good .
condition and repair including all Lessee's trade fixtures,
furnishings,removable equipment and removable machinery,.
ordinary wear and tear excepted. Lessee agrees to repair any and .
all material damage excluding ordinary wear and tear to the
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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
JLL. 2.2008 3:36Prf 'HORSEMEN'S PARK ... ... .... ..........._.-.- ---- -___-- 19U S •J t'.5ib
•
premises or fixtures and furnishings prior to surrendering
premises. •
ARTICLE 6_; COMPLIANCEMULAWI_MIQ
AGREEI TS:
Lessee shall comply with the provisions of all statutes, laws,
ordinances, and safety, health and fire codes and/or regulations
now or hereafter applicable to the premises, and shall also comply
with the material provisions of all recorded easements;
agreements,restrictions, or limitations affecting the premises,
(collectively, "Requirements"). Upon receipt of notice from any
duly constituted public authorities,Lessee shall comply with their
lawful requirements and save Lessor harmless from all penalties,
fines,costs, or damages resulting from Lessee's occupancy and
use of the premises. Lessee shall have the right to contest the
validity or application of any requirements by appropriate legal
proceedings diligently pursued,provided that upon final outcome
of such legal proceedings,Lessee shall comply with the provisions
• of all orders,judgments or decrees resulting therefrom. .
ARTICLE 7` CQVENAIJT.AGAINST LIENS.
If any mechanic's lien or other lien,charge or order for the
payment of money shall be filed against any portion of the
premises,then Lessee shall, at its own costs and expense, 0
promptly contest and diligently pursue the amount of validity of .
same or cause the same to be discharged of record or bonded to
Lessor's reasonable satisfaction within ninety(90)days after
Lessee receives written notice of the filing thereof,provided,
however,that if the.lienor commences forclosure proceedings,
then Lessee shall,within fifteen(15)days after demand, cause the
same to be discharged of record or bonded to Lessor's reasonable
satisfaction, and Lessee shall indemnify and save harmless Lessor
against and from all-costs, liabilities, suits,penalties, claims and
demands on account hereof.
4
rm of this lease,
Lessee shall quit and surrender the premises and the buildings and
improvements then thereon in a reasonably clean and good .
condition and repair including all Lessee's trade fixtures,
furnishings,removable equipment and removable machinery,.
ordinary wear and tear excepted. Lessee agrees to repair any and .
all material damage excluding ordinary wear and tear to the
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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
JUL. e.euuu d d(t9n HVKbtt1tn'b fl iKK IVU.55.i Y.bib
ARTICLE S. ACCESS TO PREMISES.
Lessor or Lessor's agents shall have the right to enter upon the
areas of the premises open to Lessee's customers at all reasonable
times to examine same and to exhibit the premises to prospective
purchasers and prospective tenants,but in the case of prospective
tenants only during the last sic(6)months of the term of this lease:
ARTICLE 9: ASSIGNMENT AN1a UBLETTING.
Except as hereinafter set forth to the contrary, Lessee will not
assign or in any manner transfer this lease, in whole or in part,nor
sublet all or any part of the premises,nor license concession or
lease departments therein, without, in each instance first obtaining
written consent of the Lessor. Lessor agrees to notify Lessee of
Lessor's decision as to whether or not to consent to a proposed
transfer, assignment, or subletting within fifteen(15)days after
Lessor receives notice of Lessee's request for such consent
together with such other information and documentation
reasonably required by Lessor with respect thereto to substantiate
the fact that the proposed transaction would fulfill the conditions
herein set forth. The consent by Lessor to any assignment,
subletting or other transfer above-described shall not constitute a
waiver of the requirement for such consent to any subsequent
assignment, subletting, or other transfer, Any assignment,
subletting, or other transfer, even with the consent of the Lessor,
shall not relieve Lessee from primary liability for the payment or
rent or from the primary obligation to keep and be bound by the
terms, conditions,and covenants of this lease. Lessor may assign
its interest hereunder to its banker as collateral security for loans
taken in the ordinary course of business. :
ARTICLE 10: ENDBMNITY.
A. Except as provided in paragraph 10(B)to the contrary,Lessee
shall indemnify and hold harmless Lessor from:and against
any and all liability,damage penalties or judgments arising
from injury to person or property sustained by anyone in and
about the premises. Lessee shall, at its own cost and expense,
defend any and all suits or actions which may be brought
•
ent and removable machinery,.
ordinary wear and tear excepted. Lessee agrees to repair any and .
all material damage excluding ordinary wear and tear to the
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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
,fi G.te.1tJts a• Fyn i rtuK`.k.rit.n•5 rHKK ......-- - - ------ --- -- - -N T.555 P.1/5
against Lessor or in which Lessor may by impleaded with
others upon such above-mentioned matter,claim, or claims.
B. Except for Lessor's affirmative acts,omission, or negligence
or the affirmative acts, omission or negligence of Lessor's
officers, agents,representatives, servants, employees or
contractors, for which Lessor shall remain liable,Lessor shall
not be responsible or liable for any damage or injury to any
property, fixtures, buildings or other improvements,or to any
person or persons, at any time on the premises, including any
damage or injury to Lessee or to any of Lessee's officers,
agents,servants, employees, contractors, customers, or
sublessees. :
•
, .RflCLE 11: INSTANCE, .
A. Lessee shall provide or cause to be provided at its expense,
and keep in force during the term of this lease, general liability
insurance in a good and solvent insurance company or
companies licensed to do business in the State of Nebraska
selected by Lessee,in the amount of at least one million
(1,000,000) dollars,with respect to injury or death to one or
more persons or damage to property. Lessee agrees,to deliver
certificates of such insurance to Lessor as of the rent
commencement date and thereafter at least ten(10)days prior
to the expiration of any such policy. Such insurance shall be
non cancelable without at least ten(10)days written notice to . •
Lessor and to each mortgagee. .
B. During the tern of this Lease,Lessee shall cause all buildings
and improvements erected on the premises to.be insured for
the benefit of Lessor and Lessee.and their respective
mortageees, as their interest may appear, against loss or
damage by fire,extended coverage and all other perils
commonly included in the term"all risk",in the amount of full
• replacement costs and value,(excluding foundations,
sidewalks,and parking areas). All proceeds payable at any
time and from time to time by an insurance company under
such policies shall be used by Lessee solely and exclusively to
repair, restore andlor replace any improvements upon or the
premises so as to restore insofar as its reasonably possible the
structure,function and appearance of such improvements.
ssee agrees to repair any and .
all material damage excluding ordinary wear and tear to the
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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
JUL•. e..ebea j:41JF11 LT1Ei9'S'F'HF'K ' ... ...- ----- -- -.'"_. ,• - • NO.555 P.2/5
•
•
Lessee shall provide any mortgagee's endorsement to such
• policy as Lessor may from time to time require.
C. 'Any insurance required to be provided by Lessee pursuant to
this lease may be provided by blanket insurance covering the
premises and other locations of Lessee provided such blanket
insurance complies with all of the other requirements'of this
lease with respect to the insurance involved.
•
ARTICLE 12 WAIVER CIF SUBROGATION. •
To the extent covered by insurance,Lessor and Lessee each
hereby waive all claims,causes of actions and rights of recovery
against the other,and their respective agents,officers and
employees, for any damage to or destruction of property which
shall occur on or about the premises and shall result front any of
the perils insurance under any and all policies of insurance
maintained by Lessor and Lessee;regardless of cause, including
the negligence and intentional wrongdoing of either party and
their respective agents,officers, and employees;provided,
however;that this waiver shall be null and void to the extent that
any such insurance shall be invalidated by reason of this waiver.
The parties.hereto agree that their policies will include such •
waiver clause or endorsement so long as the same shall be
i . obtainable without extra cost,or if extra cost shall be charge .
therefore;so long as the other party pays such extra costs. If cost
shall be chargeable therefore, each party shall advise the other
• thereof and of the amount of the extra costs, and the other party,at
its election,may pay the same but shall not be obligated to:do so. .
ARTICLE:DAMAGE OR DESTRUCTION.
In the event that, at any time during the term of this lease,the
buildings and improvements on the premises shall be destroyed or
darriaged in whole or in part by fire or other cause,then unless
• Lessor otherwise agrees in writing,Lessee shall restore, repair, •
replace, or rebuild the buildings or improvements on the premises •
so damaged. Notwithstanding the foregoing, if the buildings or
other improvements on the premises shall be materially damaged
• or destroyed by fire or other cause which it insured during the last
• ' one (1)year of the term of this lease.or at any time during any
•
•
•
•
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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
- - -- • •JUL. G.CbF�tt .i;41'1f'I'i'--•-'NUF!`..iLl'It:iV'S-YMi'F: -•- --T7C7.J55 P.3/5
•
extended term, and if Lessee has maintained the insurance
required to be carried by Lessee pursuant to Article 11.hereof,
then Lessee shall have the right,upon notice to Lessor within
thirty(30)days after the date of such damage or destructions,not
to restore or repair the buildings or improvements so damaged, •
and instead Lessor shall receive a sum of equal to the full amount
of all insurance payable on account of such damage or destruction,
(excluding any portion specifically allocated to Lessee's trade
fixtures or contents). The term"materially damaged" shall mean
damage which equals or exceeds fifty(50)percent of the
replacement cost of buildings on the premises. Rent shall not . .
abate as a result of any such casualty,unless the lease is
terminated pursuant thereto. .
ARTICLE 14: EMINENT DOMAIN.
A. If the whole of the building and improvements constituting a
part of the premises shall be taken for any public or quasi- .
i . public use under any statute or by right of eminent domain,or
by private purchase in lieu thereof then this lease shall
automatically terminate as of the date that possession.has been
taken. In the event of a partial taking(or purchase) of the
building and improvements constituting a part of the premises,
the direct result of which is the Lessee cannot,in Lessee's
reasonable judgment, continue to operate its business from the
premises in the manner and to the extent conducted prior to .
such taking,then and in such event Lessee shall have the right,
but not the obligation,to terminate this lease by.giving thirty
(30) days prior written notice of such termination to Lessor on .
or prior to the date of such taking(or purchase),and upon the
giving of such notice of termination the terms of this lease
shall expire and come to an end as of the date of such taking or
notice, with the same force and effect as if said day had been
originally fixed herein as the expiration date of the term of this
lease. Subject to paragraph(B),in the event the lease shall
terminate or be terminated,Lessor shall receive all proceeds
relating to such taking(or purchase)and the rental shall, if and .
when necessary,be adjusted to the date of the taking(or
purchase), and neither party shall have any further rights or
liabilities hereunder.
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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
JUL. G.G10t11ti ;4bh'19 _ FIUK5e1i rc-5-PHKK----- .._. ._. _._.._..... _... NU.555 P.4/5
•
B. In the event of a taking(or purchase), at any time during the
term of this Lease,resulting in the termination of this lease •
pursuant to the provision of paragraph 14(A),the patties
hereto agree to cooperate in applying for and In prosecuting •
any claim for such taking and further agree that each party
shall bear its expenses and costs,including attorney fees,in
connection herewith. • •
C. In the event of a partial taking(or purchase).not resulting:in•
the termination of this lease pursuant to the provisions of
paragraph 14(A),Lessee, shall,to the extent of the proceeds'of
the taking made available to Lessee,make all repairs to the
buildings and improvements on the premises affected by such
taking(or purchase)to the extent necessary to restore the same
to a complete architectural unit consistent with a similar
operations in Omaha,Nebraska(to the extent permitted, .
however,taking into consideration the amount of land
•
remaining after any such taking or purchase). All
compensation available or paid to Lessor upon such partial . .
taking(or purchase)in excess of the amount thereof needed by
• Lessee to repair and restore the buildings and improvements
shall be retained by Lessor.
• D. In the event that any taking does not terminate this lease as
provided in this Article,Lessee shall use all proceeds and its
own funds to the extent necessary to restore the premises to a
• • condition as similar to that existing prior to such taking.
E. A voluntary conveyance by Lessor to a public utility, agency,
or authority under threat of a taking under the power of
eminent domain in lieu of formal proceedings shall be deemed
taking within the meaning of this Article 14. .
ARTICLE 15: .FIXTURES AND WU:PM/gr.
A. Lessee may at its own cost and expense,install and operate in
and about the premises such trade fixtures, appliances,
counters,lighting, signs,furnishings,kitchen equipment and
other equipment and fixtures as it shall deem necessary or .
•desirable in the conduct of its business. .
B. Lessee shall have the right to erect and;maintain upon the
premises at its own expense such sign(s)of such number, .
character and appearance as it may determine and.•as may •
9
hase), and neither party shall have any further rights or
liabilities hereunder.
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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
.JUL. 4. •µ'rrri -.. lif t.r1t31`5'T'Nh1�.. .,-•' ••... .._.. -- --. .. .. f1U.555 P.5/5
•
comply with applicable restrictions, governmental rules and '
regulations and zoning ordinances.
C. Upon the expiration,termination,or cancellation of this lease,
• ("Expiration"),Lessee shall surrender the premises and all
trade fixtures, furnishings, appliances, signs, and equipment to .
•
the Lessor. Inventory and supplies shall remain Lessee's.sole
property.
ARTICLE 16: DEFAULTS. .
A. In the event that Lessee shall fail to pay any installment of
Basic Rent when the same shall be due and payable and such
failure shall continue for a period of ten(10)days after the
giving of written notice thereof by Lessor, or Lessee shall fail '
to perform any of the other covenants,conditions and
agreements herein contained on Lessee's part to be kept or
performed and such failure shall continue without cure for a
• period of thirty(30)days after notice by Lessor specifying in•
detail the nature of such failure,then in addition to and not in
lieu of any other rights or remedies available to Lessor at law :
or in equity,Lessor may, at its option,elect to terminate the
lease and upon the date of such termination,the term and
estate hereby vested in Lessee shall cease and any and all
other right,title and interest of Lessee'hereunder shall
likewise cease without further notice of lapse of time, as fidly j
and with like effect as if in the entire terms of this lease had
elapsed,but Lessee shall"continue to be liable to Lessor for
rent as provided by the laws and decisions of the State of
Nebraska.
B. Notwithstanding anything to the contrary contained in this
Article 16,in the event that any default(s) of Lessee shall be
cured in any manner hereinabove provided, such defaults)'
shall be deemed never to have occurred and Lessee's rights
hereunder shall continue unaffected by such default(s).
C. Upon any termination of the term of this lease pursuant to
paragraph 16(A),or at any time thereafter,Lessor may, in .
addition to and not in lieu of any other rights or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
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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
JUL. e.eWOo o•µarri nvr«trirn wirer, 11U.55b F'.1/5
may dispossess any or all occupants of the premises in the
manner prescribed in the statute relating to summary
proceedings, or similar statutes; but Lessee in such case shall
remain liable to Lessor as provided by the laws and decisions . .
of the State of Nebraska.
ARTICLE 17: PERFORMANCE BY LESSOR,
In addition to and not in lieu of the rights of Lessor pursuant to
Article 16 hereof, any act or payment required to be performed or
paid by Lessee pursuant to the terms of this lease which is not.
performed or paid within the applicable grace period (if any)may
be performed or paid by Lessor at Lessee's sole reasonable cost
and expense after the giving by Lessor of at least thirty(30)days
prior notice of Lessor's intent to perform such act or make such
payment on behalf of Lessee unless Lessee fully performs such act
or makes such payment within such thirty(30)day period, and
Lessee agrees that, on demand,Lessee shall reimburse Lessor for
the entire cost and expense thereof plus interest thereon at fifteen
• (15)percent per annum until repaid,in full.
ARTICLE 18: OLTD3LENOYMENT..
Lessee,upon paying the basic rent and all other sums and charges
to be paid by it as herein provided, and observing and keeping in
all material respects all covenants,warranties, agreements and
conditions of this lease on its part to be kept, shall quietly have
and enjoy the premises during the term of this lease, without
hindrance or molestation by anyone lawfully claiming under or
through Lessor and that Lessor shall indemnify Lessee from and
against any such claims. .
ARTICLE 19: WAIVERS.
Failure of Lessor or Lessee to complain of any act or omission on
the part of the other party shall not be deemed to be a waiver by
said party of any of its rights hereunder. No waiver by Lessor or
Lessee at any time, express or implied, of any breach of any
provision of this lease shall be deemed a waiver of a breach of any
other provision of this lease or a consent to any subsequent breach
11
addition to and not in lieu of any other rights or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
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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
J UI . G.G✓WO .3"+,rri MUM=J4C011 r*Kr h''. "S
of the same or any other provision. No acceptance.by Lessor of •.
any partial payment shall constitute an accord or satisfaction.but •.
shall only be deemed a partial payment on account.
•
ARTICLE 20:. LIMITATION OF LI,ABJLITY.
Notwithstanding anything to the contrary herein provided,it is '
specifically understood and agreed that there shall be absolutely
no personal liability on the part of Lessor or any successor in
interest of Lessor, whether any such successor in interest shall be a
corporation,or an individual,joint venture,tenancy in common, '
firm or partnership,general or limited, or on the part of the
members of such firm,partnership or joint venture with respect to
any of the terms,covenants, and conditions of this lease, and
Lessee shall look solely to the equity of Lessor or such:successor. .
in interest in the premises for the satisfaction of each and every
remedy.of Lessee in the event of any breach by Lessor or by such '
successor interest of any of the terms, covenants, and conditions of
this lease to be performed by Lessor;.such exculpation of personal
liability to be absolute and without any exception whatsoever.
Lessor agrees that if Lessee obtains a monetary judgment in court' .
against the Lessor,than Lessee shall have the right to offset the '
amount of such judgment together with Lessee's actual costs and
expenses, (including attorney fees)against the rent next payable
by Lessee hereunder until the amount of such judgment has been
completely offset.
ARTICLE 21: RgArigNSHIP OF THE PARTIES,
Nothing contained herein shall be deemed or construed.by the
parties hereto,or by any third party, as creating the relationship of
principal and agent, or of partnership, or of j oint ventu e,or of any
other relationship except as Lessor or Lessee,between the parties
hereto.
ARTICLE 22:JUBOROINATION O LEASE TO,
MQ tOA GE.
Upon request of the Lessor,Lessee will subordinate its rights
• . hereunder and shall execute and deliver an agreement
12 .
any other rights or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
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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
JUL. t.CXJtO a•warr•r rn =..Jir..iv rim NV.bbb P.3/5
• subordinating this lease to the lien or first mortgage hereafter in
force against the premises;provided,however, that any mortgage . .
covering the premises or other documents creating such lien,given .
by Lessor shall provide that no mortgagee or holder of such
document shall disturb Lessee's possession of the premises in the
event of a default by Lessor under the mortgage or other
documents so long as Lessee is not then in default under the terms .
of this lease and thereafter continues to perform its obligations .
hereunder; and,to that end,Lessee agrees to attorn to any such
mortgagee,or holder of such document, of the premises in any
such event.
ARTICLE 2,3: NON-DISTURBANCE 6NDATTORNMENT
AGREEMENTS, •
Within thirty(30)days after written request of Lessee,Lessor
shall obtain a"Non-Disturbance Agreement'and"Attornment
Agreement" meeting the requirements of Article 22 hereof,from
Lessor's mortgagee or other holders of liens on the premises. . 0
ARTICLE 24: FORCE MAJEURE.
In the event that.Lessor or Lessee shall be delayed,hindered,or
prevented from the performance of any act required hereunder,
(other than the payment of rent and other charges payable by
Lessee), by reason of strikes,lockouts, labor troubles,inability to
procure materials, failure of power,riots, insurrection,material
diverse site conditions;the act, failure to act or default of the other
party, war,material adverse weather or any other reason beyond
the reasonable control of the party who is seeking additional time
for the performance of such act, whether similar or dissimilar to
the foregoing, then performance of such act shall be excused for
the period of the delay and the period of any such act shall be • .
extended for a period equivalent to the period of such delay. •
ARTICLE 25: NOTICES.
Every notice, approval, consent, or other communication
authorized or required by this lease shall not be effective unless
same shall be in writing and personally delivered or sent by
• • • 13
ment
12 .
any other rights or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
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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
JUL.. C.GYJYJti . •v4ri•i MVX=11LIV b rHKN NV.bbb h'.4/5
recognized courier service or postage prepaid by United States
registered or certified mail,return receipt requested, directed to
the other party at is address first mentioned in the preamble of this .
lease, or such other address as either party may designate by
notice given from time to time in accordance with this Article 25.
Any notice which is mailed,postage prepaid, shall be deemed
• given and received there thirty(30)days after mailing unless the
party sending such notice has proof of earlier receipt. The rent
.• payable by Lessee hereunder shall be paid to Lessor at the same
place where notice to Lessor is herein required to be directed.
•
ARTICLE 26: CERTIFICATES.
Either party shall, without charge, at any time and from time to
time hereafter,within ten(10)days after written request of the
other, certify by written instrument duly executed and
acknowledged to any mortgagee or purchaser, or proposed . . . .
mortgagee or proposed purchaser,or any other person,firm or
corporation specified in such request:.(a)as to whether this lease
has been supplemented or amended,and if so,the substance and
manner of such supplement or amendment; (b)as to the validity
and force and effect of this lease, in accordance with its tenor as
then constituted; (c) as to the existence of any default thereunder;
(d)as to the existence of any offsets,counterclaims or defense
thereto on the part of such other party; (e) as to the
commencement and expiration dates of the terms of this lease; and
(f)as to any other matters as mayreasonably be so requested.
Any such certificate may be relied upon by the party requesting it
and any other person, from or corporation to whom the same may.
• be exhibited or delivered, and the contents of such certificate shall
be binding on the party executing same. .
ARTICLE 27: Q3OVERNNU LAW. . •
This lease and the performance thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
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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
•
JUL. C.Cbnc J•'►aril rtu? trlti1'b rHaK NO.55b P.5/5
•
•
ARTICLE28: PARTIAL INVALIDITY. •
If any term, covenant, condition or provision of this lease or the
application thereof to any person or circumstance shall,at any
• • timeor to any extent,be invalid and unenforceable,the remainder
of this lease, or the application of such term or provision to
persons or circumstances Other than those as to which it is held
invalid or unenforceable, shall not be affected thereby, and each
term covenant, conditions to provision of this lease shall be valid
and be enforced to the fullest extent permitted by law.
ART1 LE 2 : SHORT-FQRMLEASE.
The parties will, at any time, at the request of either one,promptly
execute, duplicate originals of any instrument, in recordable form,
which will constitute a short-form of lease reasonably satisfactory
to both parties.
ARTICLE 30: IN'ERPR$TATION.
Wherever herein the singular number is used the same shall
include the plural,and the masculine gender shall include the
feminine and neutral genders, and vice-versa, as the context shall
require. The section headings used herein are for referenced and •
convenience only, and shallnotenter into the interpretation
en rp
hereof. The term "Lessor",whenever used herein, shall mean •
only the owner at the time of Lessor's interest herein, and upon
any sale or assignment of the interest of Lessor herein,its •
respective successors in interest and/or assigns shall during the
• term of its ownership of its respective estate herein,be deemed to •
be Lessor.•
ARTICLE 31.,,ENTlRg.AGREEMENT.
No oral or prior written matter shall have any force or effect.
Lessee agrees that it is not relying on any representations or .
agreements other than those contained in this lease. This lease • •
shall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
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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&$'r ,20 07 .
Lessor. ,,..r.....
•
Lessee:
-
wamsocrates.cam Page 3 of 3' 0 2004,Soaas Mara,u,C
LF140-1•Rev.04104
e ori.the premises. If such repairs cannot be made within said sbdy(60)days,Lessor,at his option;may make
the same withinfa reasonable time,this lease continuing In effect with the rent proportionately abated as aforesaid,and in the
event that Lessor shall not elect to make such repairs which cannot be made within sixty(60)days,this lease maybe,terminated at
the option of either party. In the event that the building in which the demised premises maybe situated is destroyed to an extent of
not less than one-third of the replacement costs thereof,Lessor may elect to terminate this lease whether demised premises be
injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease
15.Lessor's Remedies On Default. If Lessee defaults in the payment of rent;;or any additional rent or defaults in the
performance of any of the other covens or conditions hereot Lessor may give Lessee notice of suds default and if Lessee does
not cure any such default within. days,after the giving of stick notice(or if such other default is of such nature
that it cannot be completely cured within such period,if Lessee does.not commence such curing Within such. N/j4 days and
thereafter proceed with reasonable diligence and in good faith to cure such default),then Lessor may terminate this lease on
not less than _i/A days'notice to l . Date data spedled irk Stich notice the term of this lease small
• terminate,and Lessee shall then quit andLessee.
surrender the premises to Lessor,without extinguishing Lessee's liability. if this lease
vemesoaMescom Page 2 M3 ®2004,Secretes Meth,LLc
• Lr140.1•Rex O41o4
.
JUL. c.cuoa ,:4�rr� HIJKLMLN'b h'HKK - - NO.557 P.1/2
ARTICLE 32: RE&L EST4.T$BROKER..
Lessor and Lessee mutually represent and acknowledge that no
real estate broker or salesman has participated in this transaction.
Lessor and Lessee shall indemnify and hold harmless the other
against any claims for commissions or"finder's fees"arising out
of the acts or dealings of the party hereto from whom
indemnification is sought.
ARTICLE 33; PARTI4S,
Except as herein otherwise expressly provided the covenants,
conditions, and agreements contained in this lease shall bind and
inure to the benefit of Lessor and Lessee and their respective
successors and assigns.
IN WITNESS WHEREOF,the parties hereto agree to the terms
considered above.
£ 4/4 egrsisAws 4 6"q,A040 .
By: J '.:w-
President
ATTEST:
4rrewor-01
PresiIle
t "
ATTEST:
I6.
•
singular number is used the same shall
include the plural,and the masculine gender shall include the
feminine and neutral genders, and vice-versa, as the context shall
require. The section headings used herein are for referenced and •
convenience only, and shallnotenter into the interpretation
en rp
hereof. The term "Lessor",whenever used herein, shall mean •
only the owner at the time of Lessor's interest herein, and upon
any sale or assignment of the interest of Lessor herein,its •
respective successors in interest and/or assigns shall during the
• term of its ownership of its respective estate herein,be deemed to •
be Lessor.•
ARTICLE 31.,,ENTlRg.AGREEMENT.
No oral or prior written matter shall have any force or effect.
Lessee agrees that it is not relying on any representations or .
agreements other than those contained in this lease. This lease • •
shall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
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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
...us-. a.tv.eio o•ffze-ri•••--riJ tl Lri'z'rMrCP: _. . -: . ._.. _. .... --•---. .• 'NCT.'-'.C(' P.2/2
STATE OF NEBRASKA )
)ss
COUNTY OF DOUGLAS
On tbisa' y oftkahg, 2007,before me,a Notary
Public in and for said State,personally appeared Jerry Fudge,
President of the Nebraska Horsemen's Benevolent and Protective
Association known to me to be the person who executed the
within lease agreement on behalf of said corporation and
acknowledged to me that he executed the same for the purposes
therein stated.
BaYERA!NOTAfM-SdrteafNotarba
of comn,.bp•Mr a lcoa .TARY PUBLIC
---•..�..�_.�. .
STATE OF NEBRASKA )
)ss.
COUNTY OP DOUGLAS )
/�
On this(6"4ay of 1 ��r.►. :__ 2007,before me, a Notary
Public in and for said S -,personally appeared Bill Vannoy,
President of Omaha Exposition and Racing,Inc.,known to me to
be the person who executed the within lease agreement on behalf
of said corporation and acknowledged to me that he.executed the
same for the purposes therein stated.
011.
Rmita1NUM-s of Nebraska .a�fb /" / 9Cd
'rL oaf •TARY PUBLIC
*comm.em.hdy a not
17
he interpretation
en rp
hereof. The term "Lessor",whenever used herein, shall mean •
only the owner at the time of Lessor's interest herein, and upon
any sale or assignment of the interest of Lessor herein,its •
respective successors in interest and/or assigns shall during the
• term of its ownership of its respective estate herein,be deemed to •
be Lessor.•
ARTICLE 31.,,ENTlRg.AGREEMENT.
No oral or prior written matter shall have any force or effect.
Lessee agrees that it is not relying on any representations or .
agreements other than those contained in this lease. This lease • •
shall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
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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
• PLANNING DEPARTMENT REPORT i 1 F i' F I V F D
DATE: JULY 15, 2008 DUE DATE: JULY 31, 2008
• 08 JUL 24 P'µ: II: I I
CITY COUNCIL HRG AUGUST 12, 2008
CITY LOCATION: 6303 Q STREET !"c `i'
LEGAL DESCRIPTION: ADDITIONS OF A BEER GARDEN APPROX 12' X 14' TO THE
EAST AND A SIDEWALK CAFÉ AREA APPROX 40' X 50' TO THE SOUTH
APPLICANT: OMAHA EXPOSITION & RACING,INC., DBA "HORSEMEN'S PARK"
REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "C" LIQUOR
LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT/BAR/RACE
TRACK
THIS REQUEST DOES(X) /v . DOES NOT 0PERTAIN TO AN OUTSIDE AREA
IF OUTSIDE: OUTSIDE AREA IS C' 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. (O f within last 24 months)
EXISTING ZONING: ITING LAND USE: C r ST t r r
2 7&
NDJ TI N 1A v� SE ND ZONI ` "F 6��S11(L(G� 7 ).p. �� De f T
F�
WES l�1� t� �� I1%r2l \ " • dn ` IIiktIJ D�" F
PARKING STALLS PROVIDED:
Y
EXISTING USE DOES($ DOES NOT( )COMPLY I`TH ZONING REGULATIONS ( /
PLUMBING FIXTURES PROVIDED: WOMEN'S.' 1 W2 T %� 1(� �l� >
_C _ � 1
MEN'sS \12.( `lgi6 U 1\4( -
� o 5"1Zx�1 S
DATE SUBJECT PROPERTY WAS POSTED: 7- `03
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: A
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: a��—
(State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH C.2 t------
o_SCHOOL6 &' HOSPITAL HOME FOR THE AGED INDIGENT
OR VETERANS �� COLLEGE OR UNIVERSITY 0�----
uthorized Signature) (Date)
hall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
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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
f
RECEIVE► •
JUL 02 LiUL
NEBRASKA LIQUOR •
CONTROL COMMISSION
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LL NAMES PF5-ALL LOTS . PF6-SALES
•
•
Date : 6/25/2008 Time : 3 :12 :24 PM
1
o s �'
OM HA'
City ofOmaha fAle6ras&a 1
alirk)"Waa
tt
1819 Farnam Suite LC 1 ® W,r- �l{ c
Omaha, Nebraska 68183-0112 0 v.
Buster Brown (402) 444-5550 A ti
City Clerk FAX (402) 444-5263 04, .ED FEBRv�I-
July 29, 2008
Omaha Exposition& Racing, Inc. Application for an addition to your present Class "C"
Dba"Horsemen's Park" Liquor License location to add 2 sidewalk café's areas
6303 "Q" Street approx. 12' x 14' to the east and 40' x 50' to the south
Omaha,NE 68117
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
BJB:clj
OOL6 &' HOSPITAL HOME FOR THE AGED INDIGENT
OR VETERANS �� COLLEGE OR UNIVERSITY 0�----
uthorized Signature) (Date)
hall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
Via' .� - -
•ii
�R'
h• 1 ,
i:, V
{
F-r
..i+t
k
,,Y� ui:
,
.
r
r. ,j, F.
;'r
� t".
•
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
•
• N
City ofOmaha, fAle6ras&a :� 1% °,„
1819 Farnam —Suite LC 1 ...An
• Omaha, Nebraska 68183-0112 0 a,- :" -'
Buster Brown (402) 444-5550 �A• ,�w
City Clerk FAX (402) 444-5263 o9 0 FEBR�'�4
July 29, 2008
Mike Kelley, Attorney Application for an addition to the present Class "C"
7134 Pacific Street Liquor License location for Omaha Exposition&
Omaha,NE 68106 . Racing, Inc., dba"Horsemen's Park", 6303 "Q"
Street to add 2 sidewalk café areas
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 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.
Sincerely yours,
„l'4(
Buster Brown
City Clerk
BJB:clj
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
OOL6 &' HOSPITAL HOME FOR THE AGED INDIGENT
OR VETERANS �� COLLEGE OR UNIVERSITY 0�----
uthorized Signature) (Date)
hall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
Via' .� - -
•ii
�R'
h• 1 ,
i:, V
{
F-r
..i+t
k
,,Y� ui:
,
.
r
r. ,j, F.
;'r
� t".
•
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
///1/ c ev-)
• Hiq,/e*/ 6P-/'' d/
NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
OMAHA EXPOSITION & RACING, INC.
DBA "HORSEMEN'S PARK"
has applied for
ADDITIONS TO THEIR PRESENT CLASS "C" 1On & Off Sale beer,
wine and liquor] LIQUOR LICENSE LOCATION TO ADD A
SIDEWALK CAFÉ APPROX. 12' X 14' TO THE EAST AND A
SIDEWALK CAFÉ APPROX. 40' X 50' TO THE SOUTH
located at 6303 "Q" 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.
incerely yours,
„l'4(
Buster Brown
City Clerk
BJB:clj
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
OOL6 &' HOSPITAL HOME FOR THE AGED INDIGENT
OR VETERANS �� COLLEGE OR UNIVERSITY 0�----
uthorized Signature) (Date)
hall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
Via' .� - -
•ii
�R'
h• 1 ,
i:, V
{
F-r
..i+t
k
,,Y� ui:
,
.
r
r. ,j, F.
;'r
� t".
•
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
`'t.
et. \' N N n - = 0
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LL NAMES PF5-ALL LOTS . PF6-SALES
•
•
Date : 6/25/2008 Time : 3 :12 :24 PM
1
o s �'
4023971293 KELLY.LEHAN. 02:44:30 p.m. 07-22-2008 1 /2
KELLEY, JERRAMr £t KOHOUT, P.C., L. L.O.
�X7r ezwebpd lLt—Lt26!<
7134 PACIFIC STREET
MICHAEL A. KELLEY(NE) OMAHA, NEBRASKA 68108 LINCOLN OFFICE
CHRISTOPHER D.JERRAM IRE. MO B KS) TELEPHONE (402) 397-1898 826 SOUTH 14TH STREET, SUITE 8
JOSEPH D. KOHOUT(NE) FACSIMILE(402)397-1293 LINCOLN. NEBRASKA 6B608
TOM KELLEY(19t9.1989) WWW.k61leyjorrurokohoutcom TELEPHONE 1402)474-2303
FACSIMILE(402)474-4062
MISSOURI OFFICE
686 BAYBERRY LANE. SUITE 105
July 22,2008 LEE'S SUMMIT, MISSOURI 64084
TELEPHONE 1816)472-4629
Ms. Carman Johnson
Office of the City Clerk
1819 Famam Street
Omaha,Nebraska 68183
Re: Omaha Exposition&Racing,Inc. d/b/a Horsemen's Park
Application for Addition to Existing Liquor License
Dear Ms. Johnson:
This letter is to advise you that our client, Omaha Exposition&Racing,Inc., is amending the
drawing previously submitted with its application to reflect two sidewalk cafes(12 x 14 on the
east side of the existing building and 40 x 50 on the south side of the existing building)instead of
the initial one beer garden and one sidewalk café.
Omaha Exposition&Racing,Inc. understands that it is required to install a permanent 4' fence
around each of these additions.
Since
•
• ger yle
Assistan o Michael A. Kelley
cc: M. Messman, Liquor Control Commission
P. Shefland,Omaha Exposition&Racing, Inc.
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
OOL6 &' HOSPITAL HOME FOR THE AGED INDIGENT
OR VETERANS �� COLLEGE OR UNIVERSITY 0�----
uthorized Signature) (Date)
hall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
.. ., ... ... •
•6.
Via' .� - -
•ii
�R'
h• 1 ,
i:, V
{
F-r
..i+t
k
,,Y� ui:
,
.
r
r. ,j, F.
;'r
� t".
•
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
4023971293 KELLY.LEHAN. 02:44:40 p.m. 07-22-2008 2/2
•
•
•
1
cP.9
•
14,
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r' N O >C JG "+) v'
S• �� o n o v, — -•• ° b 0
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:C pp d , W � CD 2 •- 53
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3 •
N, .
LL NAMES PF5-ALL LOTS . PF6-SALES
•
•
Date : 6/25/2008 Time : 3 :12 :24 PM
1
o s �'
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you that our client, Omaha Exposition&Racing,Inc., is amending the
drawing previously submitted with its application to reflect two sidewalk cafes(12 x 14 on the
east side of the existing building and 40 x 50 on the south side of the existing building)instead of
the initial one beer garden and one sidewalk café.
Omaha Exposition&Racing,Inc. understands that it is required to install a permanent 4' fence
around each of these additions.
Since
•
• ger yle
Assistan o Michael A. Kelley
cc: M. Messman, Liquor Control Commission
P. Shefland,Omaha Exposition&Racing, Inc.
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
OOL6 &' HOSPITAL HOME FOR THE AGED INDIGENT
OR VETERANS �� COLLEGE OR UNIVERSITY 0�----
uthorized Signature) (Date)
hall not be modified or cancelled except by writing subscribed by• . •
all parties.
•
15
thereof shall be governed,
interpreted, construed, and regulated by the laws of the State of
Nebraska.
•
•
14
hts or remedies
Lessor shall have at law or in equity,re-enter the premises and '
recover possession thereof and may dispossess any or all
• occupants of the premises and recover possession thereof and .
•
• 10.
8
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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