Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
RES 2008-1217 - Addition of sidewalk café to Louis Bar and Grill
•' ` `'°, \ STATE OF NEBRASKA a0 °':!"s~ w/ r 'y, Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION y4 • \.0\;4 v rc '" Governor Hobert B. Rupe � 4�°v,��'' ��_ ab,� Executive Director 301 Centennial Mall South,5th Floor P.O.Box 95046 Lincoln,Nebraska 68509-5046 • Phone(402)471-2571 August 15, 2008 Fax(402)471-2814 TRS USER 800 833-7352(TTY) OMAHA CITY CLERK web address:http://www.lcc.ne.gov/ 1819 FARNAM STREET LC-1 OMAHA NE 68183 rr.wr�;e�yer- LOUIS BAR & GRILL LLC DBA LOUIS BAR & GRILL . Liquor License # C-79629 "'' Dear Clerk • ca m The above licensee has requested a/an ADDITION: -= is - TO: 5702 NW RADIAL HWY • 2 m OMAHA NE 68104/ DOUGLAS COUNTY :� Adding: SIDEWALK CAFE APPROX 30' X 30' • Please present this request to your CITY/ VILLAGE / COUNTY BOARD andsend 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 � F Tami Applebee • Licensing Division to cc: file Rhonda R.Flower Bob Logsdon Robert Batt Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper 1 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 79629 LOUIS BAR & GRILL, LLC 5702 NW RADIAL HWY 68104 551-5993 DBA LOUIS BAR & GRILL NLCC ORDERS OTHER ACTIVITIES 1-15-08 -TRANSFER FROM LOUIS MARKET, INC * RES#116 GRANT*5-13-08 -KENO APP * 9-9-08 -REQ ADD SIDEWALK CAFE APPROX 30'X 30'TO THE NORTH * LICENSED PREMISES ENTIRE 1 STY BLDG 153' X 133" INCLUDING BASEMENT OFFICERS: PRES/MGR-DON (NANCY) GREENBERG, 9104 DAVENPORT STREET, 68114 (H) 210-7777 * MEMBER - BRUCE FRIEDLANDER *ATTY NICHOLAS DAFNEY- 392-1250 ADDITION REQUEST DATE: _AUGUST l h(/ _ I APPLICANT: LOUIS BAR& GRILL, LLC, DBA LOUIS BAR & GRILL LICENSED LOCATION: 5702 NW RADIAL HWY PERSON PROVING INFORMATION ON BEHALF OF THE APPLICANT: o✓1 G h. be k_ci -REQUESTING: d vu 0, I K- e,c,vc-e 30 .' 30 / BY CARMAN JOHNSON ISES ENTIRE 1 STY BLDG 153' X 133" INCLUDING BASEMENT OFFICERS: PRES/MGR-DON (NANCY) GREENBERG, 9104 DAVENPORT STREET, 68114 (H) 210-7777 * MEMBER - BRUCE FRIEDLANDER *ATTY NICHOLAS DAFNEY- 392-1250 • Print Form • `•APPLICATION FOR ADDITION - � d ' TO LIQUOR LICENSE R E(E I �9 � � LIQUOR COMMISSION AUG 15.2Q03. PO BOX 95046 • tINCOLN,rte68509-5046 . . NEBRASKA LIQUOR . • PHONE:(402)471.2571 (CONTROL COMMaSS10h1, FAR(402)471-2814 • •We www.lcc.ae.¢ov Application: • • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission • • Must include a copy of the lease or deed showing ownership of area to be added • o. This is still required even if it's the same as on file with our office • Mist 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. J .• May include a letter of explanation' `�. LIQUOR LICENSE# ! !f�2 9. LICENSEE.NAME 4 outs BAK An29 &V II A•4.0, TRADE NAME f.Ottfs RA( AAUP 6"-,.el/ • . PREMISE ADDRESS -.6--.741. W. '' rift,/ . i4ci j . •CITY rtAifs* 1o6lC'iJ CONTACT PERSON JL n' ( e*serf./ PHONE*NUMBER OF CONTACT PERSON 70,1- 07/0- 777 7 . .Complete the following questions: . 1) Are you adding on to your building? 1J Yes I ftl No. •: Include a sketelt 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? • A Yes ®. No • • If an outdoor area(check one of the following) • 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 =controlled entrance or exit of. .-• persons from the premises,and preventing the passing of alcoholic liquors to persona outside the premises. (exa npks may• Include,but are not restricted to sand volleyball,horseshoe pits...) . c31tA5 1 WI 1 . ' ' . ‘ . Yin LAX , 0800015163 • 4. 012.08"SBdewalk cafe'shell mean an outdoor areaincladed In licensed promisee;which is used by a restaurant or• ` , 1,?- with a restaurantlioense,tor the serefcae of meals as well as alcoholic liquoic..and which is izOilkslicuip=888111 defining the licensed area,provided that one open not to exceed eight(6):feet shall be allowed. • •*hat type of permanent fencing will you be using? /YI '#f� io4:/--/w f• .• ,. • .:•• : Include a.sketch ofthe'tu�ea to.be added shams ' . 0 .a existing building ' . • o•. •outside done(ln feet) • • o• direction north • • ' . :pet •Lrrl / 1. : . • .Pint Name of Signature; • • Sire of I fir Officer •• .. • • State of Nebraska ' County of , . forgoing I�.was r owtedgebefore-• . . :. me this • • -. diLf/i/L. . . . . .. . Notary , , i c• ., • Essetl Rare ALIfAA1►= ottfa • . •••• TINAS.ALBAN • F:. x^* . Iti Cola:,, ,glue: pOH 7 . .Complete the following questions: . 1) Are you adding on to your building? 1J Yes I ftl No. •: Include a sketelt 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? • A Yes ®. No • • If an outdoor area(check one of the following) • 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 =controlled entrance or exit of. .-• persons from the premises,and preventing the passing of alcoholic liquors to persona outside the premises. (exa npks may• Include,but are not restricted to sand volleyball,horseshoe pits...) . c31tA5 1 WI 1 . ' ' . ‘ . Yin LAX , 0800015163 R234934E16000001:jpg(IG Image,746x595 pixels) http://douglasne.nmapping-online.cam/assessdoc/Sketch/41/R234934... 60.0' RECEIVED AUG 15.2000 NEBRAFirst Floor cow KA LCOMIQUOR 4260.0 S.F. ON 56°' Basement 71.0 Storage 3360.0 FT2 18 60.0' • il1tftCh by ppcx IV Wlndo.s C M M � :� So lY 1 of 1 7/14108 5:07 PM a: M - RECEIVED AUG 15 2006 BUSINESS PROPERTY LEASE' n�EeRAs O COMMISSION ONrROLM MISSION THIS BUSINESS PROPERTY LEASE (this "Lease") is made and entered into this 18th day of December, 2007, by and between Lamb Realty LLC, a Nebraska limited liability company ("Landlord"), and Louis Bar & Grill LLC, a Nebraska limited liability company ("Tenant"). WHEREAS, Landlord owns the building located at 5702 Northwest Radial Highway in Omaha,Douglas County,Nebraska(the"Premises");and WHEREAS, Tenant has applied for a Class C liquor license (the "Liquor License")from the Nebraska Liquor Control Commission (the "Commission") to sell liquor, beer and wine ' beverages at the Premises;and 'WHEREAS, pursuant to the terms hereof, Landlord and Tenant wish to enter into a lease arrangement whereby Tenant will operate a bar and grill at the Premises to be effective upon Tenant's receipt of the Liquor License from the Commission. NOW THEREFORE, Landlord and Tenant, in consideration of the premises, and the mutual promises,covenants and agreements herein contained, do hereby agree as follows: 1. PREMISES. On the terms and conditions set forth in this Lease,Landlord leases to Tenant the Premises,together with a non-exclusive easement,for the benefit of Tenant and its employees, customers, licensees, and invitees, to use, free of charge, solely in connection with the conduct of Tenant's lawful business in the Premises, for ingress, egress,passage, and vehicle parking, in the respective areas from time to time established therefor, any and all service roads, driveways, driveway entrances and exits, vehicle approaches, sidewalks, pedestrian walkways, and vehicle parking areas (the "Easement Areas") which now are or hereafter may be located on the real estate described in Exhibit"A" attached hereto(the "Real Estate"). 2. TERM/CONDITION. This Lease shall be for a term of five(5)years,beginning upon the date that the Commission issues the Liquor License to Tenant (the "Issue Date"), and ending on the last day of the month in which the fifth (5th) year anniversary of the Issue Date falls, unless terminated earlier as provided in this Lease (the "Term"). This Lease is expressly conditioned upon and shall only become effective if Tenant is issued the Liquor License. If Tenant is not granted the Liquor License, for any reason,within six (6)months from the date of this Lease,then this Lease ghall be null and void. 3. USE OF PREMISES. The Premises are Leased to Tenant, and are to be used by Tenant,for any lawful purpose,with right of unoccupied use of all or part thereof. Tenant shall comply with all applicable governmental laws, ordinances, and regulations in connection with its use of the Premises, including without limitation all environmental laws,shall keep the Premises in a clean and sanitary condition, and shall use all reasonable precautions to prevent waste, damage, or injury to the Premises. NTD/35401a.i 1 t 1 . • l 4. RENT. (a) Base Rent. Tenant agrees to pay rent(the "Base Rent").in the amount of Two Thousand Five Hundred.Dollars and 00/100 ($2,500.00)to Landlord at the office of Landlord in Omaha,Nebraska, or at any other place Landlord may designate in writing, in lawful money of the United States, in monthly installments in advance, on or before the first day of each month; provided, however, that the commencement of payment of Base Rent shall be the Issue Date and the amount of Base Rent for the first month of this Lease shall be prorated for the actual number of days Tenant is in possession of the Premises. (b) Additional Rent. In addition to the Base Rent, Tenant agrees to pay to Landlord or otherwise at Landlord's direction at the office of Landlord in Omaha, Nebraska, or at any other place Landlord may designate in writing, in lawful money of the United States, at such times as Landlord may require by written notice to Tenant,the following amounts as additional rent(the"Additional Rent"): 1. An amount equal to seventeen percent (17%) of all taxes and assessments, general and special, which may be levied, assessed, or imposed upon the Real Estate and all improvements thereon or on any part thereof and which are payable prior to delinquency during the term of this Lease; provided, that Tenant also shall pay a pro rata part of such taxes and assessments for 2002 and shall pay only a pro rata part of such.taxes and assessments for the calendar year in which the term of this Lease ends,based upon the portion of the year covered by this Lease. 2. That amount which Landlord is required to reimburse to any tenant of the Real Estate (exclusive of the Premises) for any periods during the term of this Lease for (a) the premiums for public liability insurance on the Easement Areas and (b) the reasonable direct costs of repairing and maintaining the Easement Areas. Such amount currently is seventeen percent (17%) of such premiums and costs, and Landlord agrees not to increase such percentage without Tenant's written consent. 3. That amount which Landlord is required to reimburse to any tenant of the Real Estate (exclusive of the Premises) for the cost of repairing and maintaining the retaining walls for the parking areas on the Real Estate during the term of this Lease. Such amount currently is fifty percent (50%) of such cost, and Landlord agrees not to increase such percentage without Tenant's written consent. (c) Payment of Rent. Tenant agrees to pay the Base Rent and Additional Rent as and when due, together with all other amounts required to be paid by Tenant under this Lease. In the event of nonpayment of any amounts due under this Lease, NTnr354018.1 2 laws,shall keep the Premises in a clean and sanitary condition, and shall use all reasonable precautions to prevent waste, damage, or injury to the Premises. NTD/35401a.i 1 whether or not designated as rent, Landlord shall have all the rights and remedies provided in this Lease or by law for failure to pay rent. 5. SERVICES. Landlord shall furnish no services to the Premises. Tenant shall pay when due all water, gas, electricity, telephone, and.sewer use fees incurred at or chargeable to the Premises. 6. ASSIGNMENT OR SUBLEASE. Tenant shall not assign this Lease or sublet the whole or any part of the Premises, transfer this Lease by operation of law or otherwise, or permit any other person except agents and employees of Tenant to occupy the Premises, or any part thereof, without the prior written consent of Landlord, which consent may be withheld or conditioned in Landlord's sole discretion. Landlord may charge a reasonable fee to process and consider a request and may consider any factor it deems relevant in determining whether to withhold consent including, but not limited to, the following: (a) financial responsibility of the new tenant, (b) identity and business character of the new tenant; and/or (c) nature and legality of the proposed use of the Premises. Landlord shall have the right to assign its interest under this Lease or the rent hereunder. 7. TENANT'S IMPROVEMENTS. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the interior of the Premises at its own expense. Prior to commencing any such work, Tenant shall first obtain the written consent of Landlord for the proposed work. Landlord may, as a condition to its consent, require that the work be done by Landlord's own employees and/or under Landlord's supervision, but at the expense of Tenant, and that Tenant give sufficient security that the Premises will be completed free and clear of liens and in a manner satisfactory. to Landlord. Upon termination of this Lease, at Landlord's option, Tenant will repair and restore the Premises to its former condition, at Tenant's expense, or any such improvements, additions, or alterations installed or made by Tenant, except Tenant's trade fixtures, shall become part of the Premises and the property of the Landlord. Tenant may remove its trade fixtures at the termination of this Lease provided Tenant is not then in default and provided further that Tenant repairs any damage caused by such removal. 8. REPAIRS TO PREMISES. Tenant agrees that it will make, at its own cost and expense,all repairs and replacements to the Premises reasonably required to keep the Premises in good condition and repair. Tenant agrees to do all redecorating, remodeling, alterations, and painting required by it during the term of the Lease at its own cost and expense,to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean,neat, and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord,Tenant, or other tenants to the Premises or the Real Estate. Landlord has no obligation to make any repairs or replacements to the Premises. 9. CONDITION OF PREMISES. Tenant agrees that no promises,representations, Cstatements, or warranties have been made on behalf of Landlord to Tenant respecting the • condition of the Premises, or the manner of operating the Real Estate, or the making of any NTDr3540151 3 • repairs to the Premises. Tenant acknowledges that the Premises are in good and satisfactory condition. Tenant shall, at the termination of this Lease, by lapse of time or otherwise, remove all of Tenant's property and surrender the Premises to Landlord in as good condition as on the date of this Lease, normal wear excepted. 10. PERSONAL PROPERTY AT RISK OF TENANT. All personal property in the Premises shall be at the risk of Tenant only. Landlord shall not be liable for any damage to any property of Tenant or its agents or employees in the Premises caused by any reason whatsoever, including, without limitation, fire, theft, steam, electricity, sewage, gas or odors, or from water, rain, or snow which may leak into, issue or flow into the Premises from any part of the Real Estate, or from any other place, or for any damage done to Tenant's property in moving same to or from the Real Estate or the Premises. Tenant shall give Landlord, or its agents, prompt written notice of any damage to or defects in water pipes, gas or beating, ventilation and air conditioning apparatus in the Premises. 11. LANDLORD'S RESERVED RIGHTS. Without notice to Tenant, without liability to Tenant for damage or injury to property,person,or business, and without effecting an eviction of Tenant or a disturbance of Tenant's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: (a) Possess passkeys to the Premises. (b) Show the Premises to prospective tenants at reasonable times during the �! last year of the term of the Lease. (c) Take any and all reasonable measures,including inspections or the making of repairs, alterations, and additions and improvements to the Premises or to the Real Estate,which Landlord deems necessary or desirable for the safety,protection,operation, or preservation of the Premises or the Real Estate. - - 12. INSURANCE. Tenant shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of insurance now or hereafter placed on the Real Estate by Landlord or increase the risks covered by insurance on the Real Estate or necessitate additional insurance premiums or policies of insurance,even if such use may be in furtherance of Tenant's business purposes. In the event any policies of insurance are invalidated by acts or omissions of Tenant, Landlord shall have the right to terminate this Lease or, at Landlord's option, to charge Tenant for extra insurance premiums required on the Real Estate on account of the increased risk caused by Tenant's use and occupancy of the Premises. Each party hereby waives 'all claims for recovery from the other for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such policies; provided,that this waiver shall apply only when permitted by the applicable policy of insurance. (a) Tenant at its expense at all times during the term of this Lease shall provide and maintain in force with respect to the Premises a Special Form policy of •. property damage insurance, providing a total amount of insurance sufficient to repair, NM/354018.1 4 t agrees that no promises,representations, Cstatements, or warranties have been made on behalf of Landlord to Tenant respecting the • condition of the Premises, or the manner of operating the Real Estate, or the making of any NTDr3540151 3 restore, and rebuild the Premises in the event of any damage to or the destruction of the Premises. Such policy or policies shall be issued by a financially responsible insurance company or companies duly authorized to transact business in the State of Nebraska and may contain a loss deductible clause providing for a deductible not to exceed $1,000. Landlord shall be a named insured under such policy. At Landlord's request from time to time, Tenant shall furnish to Landlord evidence reasonably satisfactory to Landlord that such insurance is in force. .Tenant also shall carry such additional insurance on its leasehold improvements and personal property located in the Premises as Tenant deems necessary. (b) Tenant at its expense at all times during the term of this Lease shall provide and maintain in force public liability and liquor liability insurance with minimum policy limits not less than$500,000 per person,$1,000,000 per incident, and$100,000 for property damage. Such policy shall be issued by a financially responsible insurance company duly authorized to transact business in the State of Nebraska and shall name Landlord as a co-insured. At Landlord's request from time to time, Tenant shall furnish to Landlord evidence reasonably satisfactory to Landlord that such insurance is in force. (c) Notwithstanding any provisions contained in this Lease to the contrary, Tenant shall at its own cost and expense carry and maintain during the term of this Lease adequate insurance coverage in sufficient limits to provide for payment in full of rentals accruing hereunder in favor of the Landlord in the event the Premises or any part thereof shall be destroyed or damaged by fire or other unavoidable casualty, so that the same shall be unfit for occupation or use in whole or in part. The rent payable under this Lease shall not abate, and all rental payments due hereunder shall continue for a minimum period of twelve (12) months, or until such time as the Premises shall be restored to full use and occupancy,whichever shall first occur. (d) Tenant at its expense at all times during the term of this Lease shall maintain workers compensation insurance as required by law and such other insurance coverages as regularly may be maintained by financially responsible businesses engaged in a business similar to that of Tenant. If Tenant fails to comply with any of the above requirements for insurance, Landlord may, but shall not be obligated to, obtain such insurance and keep the same in effect, and Tenant agrees to pay Landlord,upon demand,the premium cost thereof. 13. DAMAGE TO PREMISES. If, during the term of this Lease, the Premises are damaged by any cause to the extent of more than fifty percent (50%) of the fair market value of the Premises immediately prior to such damage,then Landlord may elect to terminate this Lease by giving written notice of such termination to Tenant within sixty(60) days after the occurrence of such damage to the Premises; and in such case, the insurance proceeds payable in respect of such damage to the Premises shall be paid entirely to Landlord, and Tenant shall have no further obligation with respect to the repair or replacement of the Premises. If, during the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 • • repair the Premises to at least their condition immediately prior to such. damage, and the insurance proceeds payable in respect of such damage shall be available to Tenant for the purpose of making such repairs. 14. INDEMNITY. Tenant shall indemnify, hold harmless, and defend Landlord from and against, and Landlord shall not be liable to Tenant on account of, any and all costs, expenses, liabilities, losses, damages, suits, actions, fines, penalties, demands, or claims of any kind, including reasonable attorneys fees, asserted by or on behalf of any person, entity, or governmental authority arising out of or in any way connected with either(a) a failure by Tenant to perform any of the agreements, terms, or conditions of this Lease required to be performed by Tenant; (b) a failure by Tenant to comply with any laws, statutes, ordinances, regulations, or orders of any governmental authority; or(c)any accident, death, or personal injury,or damage to or loss or theft of property,which shall occur on or about the Premises,or the Real Estate, except as the same may be the result of the negligence of Landlord,its employees,or agents. 15. CONDEMNATION. If the whole or any part of the Premises shall be taken by public authority under the power of eminent domain, then the term of this Lease shall cease on that portion of the Premises so taken, from the date of possession, and the rent shall be paid to that date,with a proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. If the portion of the Premises taken is such that it prevents the practical use of the Premises for Tenant's purposes, then Tenant shall have the right either(a)to terminate this Lease by giving written notice of such termination to Landlord not later than thirty(30) days after the taking, or(b)to continue in possession of the remainder of the Premises, except that the rent shall be reduced in proportion to the area of the Premises taken. In the event of any taking or condemnation of the Premises,in whole or in part, the entire resulting award of damages shall be the exclusive property of Landlord, including all damages awarded as compensation for diminution in value to the Leasehold,without any deduction for the value of any unexpired term of this Lease,or for any other estate or interest in the Premises now or hereafter vested in Tenant. 16. DEFAULT OR BREACH. Each of the following events shall constitute a default or a breach of this Lease by Tenant: • (a) If Tenant fails to pay Landlord any rent or other payments when due hereunder, (b) If Tenant vacates or abandons the Premises; (c) If Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act, or voluntarily takes advantage of any such act by answer or otherwise, or makes an assignment for the benefit of.creditors; (d) If involuntary proceedings under any bankruptcy or insolvency act shall be instituted against Tenant, or if a receiver or trustee shall be appointed of all or substantially all of the property of Tenant, and such proceedings shall not be dismissed or the receivership or trusteeship. vacated within thirty (30) days after the institution or appointment; or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 • ( (e) If Tenant to perform or w any other term or condition of this Lease and such nonperformanfailsce continues forcomplya period of ten (10) days after notice thereof is given by Landlord to Tenant,time being of the essence. 17. EFFECT OF DEFAULT. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord, either at law or in equity, Landlord may exercise any one or more of the following rights: (a) Landlord may re-enter the Premises immediately and remove the property and personnel of Tenant and shall have the right, but not the obligation, to store such property in a public warehouse or at a place selected by Landlord, at the risk and expense of Tenant. (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice,Landlord's retaking will not terminate the Lease. On termination, Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the Premises and the difference between the rent due for the balance of the Lease term as though the Lease had not been terminated and the fair market rental value of the Premises for the balance of the Lease term as though the Lease had not been terminated, which sum shall be immediately due Landlord from Tenant. (c) . Landlord may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease, Tenant shall be liable for all expenses of the reletting, for any alterations and repairs made, and for the rent due for the balance of the Lease term,which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord during the remaining term of this Lease from reletting the Premises or any part thereof. 18. SURRENDER - HOLDING OVER. Tenant shall, upon termination of this Lease,whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease,without a written Lease duly executed by the parties, Tenant shall be deemed a trespasser. If Tenant pays, and Landlord accepts, rent for a period after termination of this Lease, Tenant shall be deemed to be occupying the Premises only as a tenant fioin month to month, subject to all the terms, conditions, and agreements of this Lease. 19. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease, and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to NTD/354018.1 7 or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 ♦ J . • subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. In the event any proceedings are brought for the foreclosure of any mortgage on the Premises,Tenant will attom to the purchaser at the foreclosure sale and recognize such purchaser as the Landlord under this Lease. The purchaser,by virtue of such foreclosure, shall be deemed to have assumed,as substitute Landlord,the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption, however, shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents, including a new Lease upon the same terms and conditions contained herein, confirming the foregoing, as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 20. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord do Don W. Greenberg, 9104 Davenport Street, Omaha, Nebraska 68114 and to Tenant at the Premises or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United States mail in the manner prescribed herein. 21. COMPLIANCE WITH ADA. Tenant shall be responsible for all costs 'of complying with the Americans with Disabilities Act (ADA) and all similar laws and regulations applicable to the Premises, including the removal of barriers which do not necessitate the removal or modification of load bearing walls. 22. MISCELLANEOUS. (a) Binding on Assigns. All terms, conditions, and agreements of this Lease shall be binding upon, apply to, and inure to the benefit of the parties-hereto and their respective heirs,representatives,successors, and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions, and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. rr►vr354018.1 8 , and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to NTD/354018.1 7 or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 (d).` Nos Surrender.• No surrender.of•the.Premises•hy'Tenant�shall:be effected . . t -'by Landlord's acceptance the:keys to the Premises or or'the rent due h ,;or;_b _ .• £ ._ erer� y:: w :; any.other -means whatsoever, without Landlord's.written acknowledgment 'that such`: _ •acceptance constitutes surrender: (e) Captions. .The captions of the vanous $aragraphs in this Lease are for; ., convenience only and dog:not define, limit;describe; or construe the'::c n t nts of such ParWaphs _ ; ...'i..:.: - •:::. 1..(f) A iplicable Law:. .This Lease shall.be:goyverned by..and'construed, in *accordance with'the laws:'of the State where the Preinises'me located:.:; .(g) Partial Invalidity. 3f any provision; of this ..Leease:..is' invalid 'or .••'.•unenforceable to'any extent, then that provision and the remainder of;..this�.Lea�se..shall' ' continue in.effect and be enforceable to the fullest extent:permitted'by JAW. .. • l WiVrrNESS 'WHEREOF;.the parties hereto o have.:executed this:Lease the'.day.and year. • first aove'written: _ . . ° LAMB REALTY LLC, a Nebraska limited LOUIS.BAR:&-GRYLL LLC, a. l'ebrasks'`•°; liability company,Landlord limited liability::company.,Tenant . . l $y:.1( 2,.. .. :B' •:Don W:',Greenberg Don.W'.-�reenbierg' • ' Its:.Manager.. Its:Maiager: . . • j^ • . 2L Nmi3�54018:•1 ,9 l nant shall be responsible for all costs 'of complying with the Americans with Disabilities Act (ADA) and all similar laws and regulations applicable to the Premises, including the removal of barriers which do not necessitate the removal or modification of load bearing walls. 22. MISCELLANEOUS. (a) Binding on Assigns. All terms, conditions, and agreements of this Lease shall be binding upon, apply to, and inure to the benefit of the parties-hereto and their respective heirs,representatives,successors, and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions, and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. rr►vr354018.1 8 , and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to NTD/354018.1 7 or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 �✓ . Exhibit"A" Legal Description of Real Estate Lots 28, 29, 30, 33, and 34,in Bensonhurst,an Addition to the City of Omaha, Douglas County,Nebraska,as surveyed,platted and recorded. Lots 1 and 2,Block 1,in Lacey's Addition to the City of Omaha,Douglas County, Nebraska, as surveyed,platted and recorded. • Lots.20, 21,22,23,24,and 25,in Block 3,and Lot 23 in Block 4,Vassar Place, an Addition to the City of Omaha,Douglas County,Nebraska, as surveyed, platted and recorded. Together with all vacated alleys adjoining and contiguous to the above-described real estate but excepting any portion of the above-described real estate conveyed for street or highway purposes. (.. NTD/354018.1 08/27/2008 15:49 402-551-5993 LOUIS BAR PAGE 01/01 A� • r �1 yr�./t►M •N CITY OF OMAHA RETAIL LIQUOR LICENSE APPLICANT'S . • STATEMENT OF BUSINESS ACTIVITY. • In accordance with Omaha City Ordinance section 15-22, this statement•of business activity is submitted to the Omaha City Council.. Ordinance section 15-22 requires all applicants for retail liquor licenses to submit a written statement describing all types of btisihes.s or activity . that will be operated on the premises in 'conjunction with the proposed license. A. failure to include a business or activity will be considered by the City Council as the applicant's representation that the omitted business or activity will not occur on the licensed premises without City Council approval. Failure to operate consistent with this statement may be grounds • for cancellation,revocation,suspension,or non-renewal of the license (OlvIC § 15-42). • DESCRIBE ALL BUSINESS OR OTHER ACTZVITY'l kl�4T WILL OCCUR ON THE LICENSED JPkZla M S S. � rf ($,/ o '7a .. .gigs/ttrl fko AND �' �it'i CJ "At • • • k • • • • • Continue on reverse side Corporation and/or Trade Name (Please Print) c6)40174-). 074?-'7"--) Signature &Title of App icant or Authorized Representative erg' • ' Its:.Manager.. Its:Maiager: . . • j^ • . 2L Nmi3�54018:•1 ,9 l nant shall be responsible for all costs 'of complying with the Americans with Disabilities Act (ADA) and all similar laws and regulations applicable to the Premises, including the removal of barriers which do not necessitate the removal or modification of load bearing walls. 22. MISCELLANEOUS. (a) Binding on Assigns. All terms, conditions, and agreements of this Lease shall be binding upon, apply to, and inure to the benefit of the parties-hereto and their respective heirs,representatives,successors, and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions, and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. rr►vr354018.1 8 , and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to NTD/354018.1 7 or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 ' •/ �, S I T--� PLANNING DEPARTMENT REPORT R f-T:PEP9V r i- c, DATE: AUGUST 18,2008 DUE DATE: AUGUST 28, 2008 till ILJC 28 PP 2: ,3 I CITY COUNCIL HRG SEPTEMBER 9, 2008 LOCATION: 5702 NW RADIAL HWY r NI .' ,, , , LEGAL DESCRIPTION: ADDITION OF A SIDEWALK CAFÉ APPROX 30' X 30' TO THE NORTH APPLICANT: LOUIS BAR & GRILL, LLC, DBA "LOUIS BAR & GRILL" REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: BAR & GRILL THIS REQUEST DOES(X) ,DOES NOT O PERTAIN TO AN OUTSIDE AREA IF OUTSIDE: OUTSIDE AREA IS 1 . 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. (On Thin lasPa t mo th`,$)) ( 1 1 EXISTIN ZONING: /ike7e EXITING LAND USE: VG ADJ CEN LAND U E • D ZONING_ 61'(...- 1NO 5lL � M CIA s II SOU • .F.A)at2A- \ (//AAl02LILQ` 15Z7ZtCI- �C- EA T `l�v t2A Corn bmm le_A t i5IV2' c W S : V-N O2-Pk.- Yh(VZ t GP \ C.. PARKING STALLS PROVIDED: 0 EXISTING USE DOES(' DOES NOT( )COMPLY W H ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN' 1 W C' s7-Z>01 S MEN'S 0 v V:3l "' biz pal 14 DATE SUBJECT PROPERTY WAS POSTED: 6- - Ac. - (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CIITY PARK: 6 6' DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 16 /i—Y A.2 t-b V--,4 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY URCH 6 e - S\-2.) - SCHOOL b Q OSPITAL / HOME FOR THE AGED,INDIGENT OR VETERANS p —�6i`Gl GE OR UNIVERSITY 1 �_ 4a101011.1.111malliftw lilli6.23.06 (Authorized Signature) (Date) ement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions, and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. rr►vr354018.1 8 , and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to NTD/354018.1 7 or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 R23493400000001:Jpg(JG Image,746x595 pixels) http://douglasne.mapping-online.com/assessdoc/Sketch/41/RR234934... Vl /J. S hh% ,f -1' 60.0' RECEIVED i 1 AUG 15 .2068 NEBRAsi(A Lo(�UGR First Floor cow co LIQUOR 4260.0 S.F. 56.0i Basement 71.0` ' Storage . , . 3360.0 FT2 1B 60.0' I 4 _ . 1 .. i i ' .. 0 1 ti Sketch by Apex NMindoes*" tk \... 1:-..\ � c NIM o 3oFT T . t9 li • 1 of 1 7/14/08 5:07 PM �MAHA, N , City offAlebraskgOmaha „1 1819 Farnam— z WSW it ��41. a Suite LC 1 ® ;r d_ �, Omaha, Nebraska 68183-0112 0 :w � ro Buster Brown (402) 444-5550 7,o• ti City Clerk FAX (402) 444-5263 oR'7.E p FEBR��4� August 26, 2008 Louis Bar and Grill, LLC Application for an addition to your present Class "C" dba "Louis Bar & Grill" Liquor License location of sidewalk café's approx. 5702 NW Radial Hwy 30' x 30' to the north Omaha,NE 68104 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for September 9, 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 A.2 t-b V--,4 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY URCH 6 e - S\-2.) - SCHOOL b Q OSPITAL / HOME FOR THE AGED,INDIGENT OR VETERANS p —�6i`Gl GE OR UNIVERSITY 1 �_ 4a101011.1.111malliftw lilli6.23.06 (Authorized Signature) (Date) ement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions, and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. rr►vr354018.1 8 , and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to NTD/354018.1 7 or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 // Aklicw�.1 fiI/ J 0 �' " -"c4 NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that LOUIS BAR AND GRILL, LLC DBA "LOUIS BAR AND GRILL" has applied for an ADDITION TO THEIR PRESENT CLASS "C" lOn & Off Sale beer, wine and liquor] LIQUOR LICENSE LOCATION TO ADD A SIDEWALK CAFÉ AREA APPROX. 30' X 30' TO THE NORTH located at 5702 NW RADIAL HWY The Omaha City Council will hold a public hearing regarding this application on Tuesday, SEPTEMBER 9, 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. 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 A.2 t-b V--,4 (State Law) DISTANCE OF PROPOSED LICENSE TO ANY URCH 6 e - S\-2.) - SCHOOL b Q OSPITAL / HOME FOR THE AGED,INDIGENT OR VETERANS p —�6i`Gl GE OR UNIVERSITY 1 �_ 4a101011.1.111malliftw lilli6.23.06 (Authorized Signature) (Date) ement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms, conditions, and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. rr►vr354018.1 8 , and all rights of Tenant hereunder, shall, at the option of Landlord, be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute, acknowledge, and deliver to Landlord, upon request, any and all instruments that may be necessary or proper to NTD/354018.1 7 or NrD/354018.1 6 uring the term of this Lease,the Premises are damaged by any cause to the extent of fifty percent(50%) or less of the fair market value of the Premises immediately prior to such damage,then Tenant shall proceed to xtvr354018.1 5 '4 4,... .74 = ZA r rDD n4 ::;,, rri i' O r_" : rn ci) CO Io ,7 Zx r-, Sh2 n O4 Lo n -, N 0- pp:N`L• ¢ Z N' .16 . C \ r Q.. dli `d x Cd o0 8k ' c4 n n Z '1 1B 60.0' I 4 _ . 1 .. i i ' .. 0 1 ti Sketch by Apex NMindoes*" tk \... 1:-..\ � c NIM o 3oFT T . t9 li • 1 of 1 7/14/08 5:07 PM • September 5, 2008 r,. 9 02 Dear Omaha City Council Members, t; r y This letter is in regards to Louis Bar and Grill's recent application for a liquor license and addition for a sidewalk café at 5702 NW Radial Highway. We are residents at 2926 N. 56th just north of Louis Bar and Grill's current location. Due to our close proximity to the proposed addition site, we strongly encourage you to deny the request for liquor license and addition at this time. Our home is within 75 yards of where the proposed sidewalk café would be located. There are other residents who live closer. We are concerned that if this addition and liquor license are permitted,it will greatly change many things we enjoy about our neighborhood and home. We are currently able to enjoy evenings in our backyard and having our windows open on cool evenings. We appreciate being able to entertain in our yard without having to worry about loud music or bar patrons' noise interrupting our time at home. We also enjoy seeing people in the neighborhood, often times children, out walking. They are often walking to Louis Grocery store, which requires many to pass right by the proposed sidewalk café site. Perhaps our concerns would not be as great if we had not witnessed the increased number of patrons utilizing the parking lot to the north of Louis Bar and Grill to congregate following the recent smoking ban. There have been a few recent nights that enough patrons were congregating that we had to close our windows due to the loud noises, including yelling and hollering, coming from the group. If a sidewalk café, which we also assume is more like a 'beer garden' versus what you may typically think of as a `cafe', is to be added to Louis, the noise would be greatly increased. There are many residential homes and yards within very close proximity of the proposed sidewalk café location. The Benson area has many other bars within commercial areas that would possibly be appropriate for sidewalk cafés, however Louis Bar and Grill is not in an appropriate location for such. We appreciate the business Louis brings into the Benson area and hope they continue to do well. We just strongly urge the city council members to consider the residents near this establishment and the impact the proposed permits would cause them when making their decisions on this matter. Thank you for your time. Sincerely, PAui l&LiA4v1 Paul and Tara Wilson • 1 -• ' „. v ! m /.?,..•• - -.. ,� ii�._�J Fr3- 0S I.1 �l • •6... ,egyz., --,- - ''A -.• 4 . ,.• YZ7& ) v C,, ea, _ 2�, • - D 7 /Zel/J1-e--' Vieeg-d? , ' v /1/ 1Z9, •jl ' . / c-,-- . • _.Z-e-6,74- , 72& O c-r e C,V ..77 --(V.--e__) _• . 'Cil"--e-C-2 /Cel----7Z- _ -14; Io ---ei<9 a • - - _ • I -• ten. I �-® a ^ Al • - a t i r-e- ,2e) • 7a-0 /7 5 s'74` --• _• , .-e____ gio C • S -• J Dear City("_ouncil members, I was relieved to hear of the City's plans to revitalize the downtown Benson area. We, like , many others on 58th Street and those in surrounding neighborhoods,have been working bit 11' -• 1:5/bit to support,maintain,and add value to our school,our block,our property,our parks, ' .* 4. , t and our downtown area. I am so frustrated by the idea of permitting consumption of alcohol in the back of Louis'parking lot,and concerned that it will undermine our efforts. lilt I do not know the reason why Louis wishes to expand the drinking parameters already in a- ' 1 to, existence. I am wondering if it might have to do with the city's ban on smoking indoor pub- M lic places. I am also wondering if beer"gardens"are the future of all Omaha's existing bars—if every neighborhood which was previously graced with a bar will now be expected to permit the addition of an outdoor drinking area.If not,let's not allow one here. We all know that Benson is an area that is currently"on the fence". Many improvements have been made,but there are elements that detract from the area as well-vestiges of a less maintained,more hard-pressed community—which contribute difficulty in Benson's struggle toward betterment. Rather than adding to the good of the Benson community,I am certain that allowing an area for outdoor drinking in the back of Louis will detract from it for several reasons: There is no proper space to support a beer"garden"such as would exist. Please do not make the mistake of envisioning a quaint,up- scale establishment such as exists in downtown Dundee or the Old Market. The customer base at Louis is quite different. Quite often I pass by persons on the east side of Louis bar who seem to be intoxicated. They are sometimes sitting and leaning up against the build- ing,or sleeping on the grass(all times of day,including when I walk my children home from school). I have been hit up for cash many times outside the establishment,have seen men urinating on the north wall of Louis Market,and last week on our way to school we had to walk around a large disgusting pile of cigarette butts and other nastiness that someone had dumped out front of the bar,which no one inside bothered to clean up for several days. We have had problems with persons jumping our neighbor's fence(adjacent to Louis)and then our side fence after having stolen items from Louis. Shortly after moving into our home we erected a fence at the bottom of our property,as we found that some of Louis customers were hopping their low north wall,and drinking behind our property,leaving bottles stashed in our trees and littering the ground. The north side of the bar faces a residential neighborhood,rather than the business district. I realize that there are several bars in the main corridor of Benson—none of them backs up to a residential area,or permits outdoor drink- ing of alcohol. Why permit it here? Certainly the owner of Louis would not wish to have a public beer garden in his backyard. Nei- ther do we. As it is now,Louis is not a consistently positive,trustworthy member of our community. I can not see how granting a permit that ex- pands its reach will have any sort of positive impact. At present it can be like pulling teeth to get them to maintain what they already have. The back of Louis Market in the dairy section frequently smells of cigarette smoke(how is that in compliance of our city's laws?). It took them the better part of a year to remedy their roof problems,which caused a terrible stench not only inside the store,but II ,. ,, ..--, ` t.c�,i�'th' ., ram -r - t it ,y y u NOtt • ., I a \ •H. i..`�`Y ,- ram. Above:Trash on Louis property compacted against my neighbor's fence. Below:Trash from Louis' deposited into my neighbor's property. s'f ♦ -'ll r,-- ,t,..?-10), .,, .0.. \ , • . w,PYI 1 'i % .ram e 4 �,"�.it — r t, v r'` ! k incredibly in the air in the neighborhood area around the building. There is so much 'aY trash in my neighbor's yard—all of it coming from Louis. They have a retaining wall that is crumbling which they do not maintain. Siding on the bar needs to be re- paired. Why are they seeking more responsibility? How late would Louis imagine it would keep this part of its business open? How r It loudly and how long would our neighborhood be subjected to the obnoxious and : ■ tom.. objectionable language,and sometimes dangerous behavior of those who would be F f li drinking in this proposed open setting? Louis hosted an outdoor BBQ and music night awhile back. It was a beautiful night;rather than calling the police to com- plain(as it was for only one night)we decided to come in from our front porch and close our windows at 11pm due to boisterous conversation and revving of engines. Al What has Louis proposed in its plan that will protect the community? Bakers and No Frills both employ security officers in the evening hours. Those are grocery stores only—no one is consuming alcohol on the prem- ises. Gallagher pool,a city pool in our neighborhood,has a police officer on duty at all times. Pool hours are daytime hours,and no one is allowed to drink alcohol there at any time. If the city believes that it is prudent to employ an officer at a pool,filled mostly with chil- dren during the day where no alcohol is being consumed,how can it be that introducing outdoor drinking in the parking lot behind a bar in the same area can be a safe idea that benefits the community? How many more cars will drag race down our wonderful and very long block? Will this increase or decrease the number of persons loitering in Louis'parking lot,publically urinating,cutting through the yard where our children play,driving while intoxicated in our area,and littering our neighborhoods? Does this plan seem like it will improve and benefit our area or add to the problems we are try- ing to solve? How many more police calls will be required if this permit is granted? We are not interested in hosting problems such as those plaguing the 65th and Ames area around Carders. Granting this permit would open a Pandora's , box-introducing many new problems and ag- gravating old ones—in an area our city is spend- ing money to improve. Once such a permit is granted it is very difficult to take away. Why would the City Council grant this request? What does our community stand to gain from this ex- panded drinking permit? What does it stand to lose? `l Please do not grant this permit. Aren't we trying to move away from this? Please protect the best ✓' interest of our community and our city's invest- 4.a 3 ments. -� , , ILA Rachel Howell V© 2927 North 58th Street V" 3t (402)561-0386 4,,,,74+ ,/ N L�� _ > ' Li gli _; 1 MNr' a- C'` C i is not a consistently positive,trustworthy member of our community. I can not see how granting a permit that ex- pands its reach will have any sort of positive impact. At present it can be like pulling teeth to get them to maintain what they already have. The back of Louis Market in the dairy section frequently smells of cigarette smoke(how is that in compliance of our city's laws?). It took them the better part of a year to remedy their roof problems,which caused a terrible stench not only inside the store,but II ,. ,, ..--, ` t.c�,i�'th' ., ram -r - t it ,y y u NOtt • ., I a \ •H. i..`�`Y ,- ram. Above:Trash on Louis property compacted against my neighbor's fence. Below:Trash from Louis' deposited into my neighbor's property. s'f ♦ -'ll r,-- ,t,..?-10), .,, .0.. \ , • . w,PYI 1 'i % .ram e 4 �,"�.it — r t, v r'` • w • • . D °Orp §• ° 0 ¥ & / �' \ \ § C §. E D R ® Q a � n \ / � \. o q ? ) . c4 o §• ki � / �� 4 \ — q » • 0 ® / \ - ¢ ( 0 2 n . § § ƒ ¢ cA . 3 ƒ is §• 3 § » § \ £ - a t i r-e- ,2e) • 7a-0 /7 5 s'74` --• _• , .-e____ gio C • S -• J -�� RECV q INTER-OFFICE COMMUNICATION August 28, 2008 08 AUG 28 Pry 2: 31 To: Buster Brown, City Clerk CITY C. 1 't r IN4 ik.d'i 4, irk ":P ' ' 14 From: Jay G. Davis, Chief Building Inspector, Permits and Inspection 1‘40 Division Subject: Liquor posting for 5702 Northwest Radial Hwy We have posted the property at 5702 Northwest Radial Hwy as required. This is to inform you that they are intending to use parking area for there outdoor seating and have to submit to the City of Omaha Planning Department, a site plan drawn to scale for review. The plan must include all improvements, structures and parking areas. They must also include the proposed location of the outdoor area and the type of fence they intend to construct. The fee for the site plan review is $85.00 A building permit will be required for the fence. This will be a separate application from the site plan review. I am also requesting a layover until the above items are complied with. If you have any further questions, please feel free to contact me at 444-5364. . � . R % ƒ A )' 9 < ? co q CD \ n §, § \ \ ƒ ~ q j crg • 7 / ® § n ° §. n a 0 \ \ , R °• = 2 § m / fIEi:I ; 2r _ / § ) o § § -. 4 - N.... , n « / § \ 0- g w C) \ 0 7 n 5 - - o n ¢ § / -• k ƒ " \ K m m ee g / - p o a 7 , 1 : 0 / \ ). 5 F. : @ .- q o = 1 . . •