Loading...
RES 2008-1219 - Addition of sidewalk café at Grant Street Bar & Grill • O4 �10I'±I/l/ y � = ''.0 STATE OF NEBRASKA " t`� '''% NEBRASKA LIQUOR CONTROL COMMISSION 'rd!?�'������-;w„sk% Dave Heineman yh? "'!" -- '''` Governor Hobert B. Rupe • �4ii;ypr Executive Director %\� .9R ri 19,6'= 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 STUWIN, INC DBA GRANT STREET BAR & GRILL Liquor License # C-63500 Dear Clerk ` r- r71 r"'1 I I • The above licensee has requested a/an ADDITION: TO: 8919 GRANT STREET ' OMAHA NE 68134/ DOUGLAS COUNTY Adding: SIDE WALK CAFE APPROX 23' X 20' - 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 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 tten 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 ...kg,, „ .1„,,, 1,L.,- -4 40,...•,,,, , ,.- •-,- . .. - •- • . --'6'-,..s.t .,- to , „ ,, .34 i',ows' , tiLLI.1(''''' :1 L,,,,•.: Ii7,7„ .,,, .,..,.. , ‘,.., - , .N. ..F # • ". ,, .... .:k !, ... t_i. . 1 , . .. , . - • Ils.14..t-r. .I •.; , , -.0 ::I . ' V..tio,L. •. .... ,,....,44.j rii.' ') : -..' 'I. .., , ..L . ,. 7....1 :,, i i.., -.,‘ ..' '-•.*.',0:'.. Ai-. 01 , 4 'rl ' ..1., .i. ..------"---- ./.. _ - -• •.h... ......_.,..--—..ggrlq. ei ,'.. , kiif :o• . ?;'''' • • ",, I ....•: 1*,\I ,.1.,;;•yt1;1 '',, '.:, ,,! . , .;..^..;:-)k,1,0:: . ., , . • , ..,. t . I , t .** ' t Viliti*N1' •• , A .. I i \ . .1. ..' , . .‘. . ,''...,..4. i,:t•-. , _e' 1 - , . - - • 1 , .• ' •'(' ..41- , •..ai.. !‘,.77,,,,,,A.,itt: rl:fi, ,. .;•;,'''' ..i 1,1 . .1 i .‘'. • 1.:::.. _tiesa.NA. „••1; . . ' . .A • : I: IP'41.6-"IL I l•: '•_t.' ' * 'FP ,_ .:. ';,,',VV. I i 7 1.• • ;Pk, '• % ' .1,4,' ''..174.'. . i-4 • ,. 1. • - ffa• 1 ,.,,•7 , . - 016' •. . ,-./., , '.• . 'a ,f- 4:z..,,..i.• L. . ,. :,.- .. . , 110;k %.' 4 • 1 1.3.. , •tLV '';;:.•-..''4 .1 4,,,i,••, • , . , „, ( i \it,',1', . •.. • .rio-;",.tw ,,...6,Ht.,,,..• .. 4 ..,4„,„ , I .'. . ' ' '' • ' i'.;1 ,.. '",11. • , . ,. 1 i --, . ... )•14 "^:t s''''. , t 714.- -t ' !• 4.41:t• ,• .1 ', ';i' : 'I. e •; • j • , ,:e..1‘.1 4t1 \• i. r •,•4!•.'' . •:! ,e1, ,• , Pt• ' , ,• • -r,•f• „ . , r ,t—ct • r ,i•i, .• . ' .e. • : .,;:, ‘. - 'IA ,r. ' -'' ,s.,••,‘"....1: • IL I .4.)..s‘ ,. c , ,?.;•,:"i.'{,;,..,,:,.4,44,, .. .,,.,),.,., ,.. — ‘i 4 •., ,,,, - • • .ri;q:.. ef. •: , ,.,,:,, ....i 4 ') 1. i • • ft I • .1. 1 c' 4. . :-! , ., : f• ' ''fjj 1/4 4,f".:: 1' .-0 • j ''..;..., , ,.." ' .. el "•,. ' ' /.1f ... 4 ' 7 . .N, :•:k '" I\. '' II i :...,, OM ,..... . „ ., u--n. J -11 d • 1 1 t•,ij ., . „.. • . . ,•,..;,..,: , c, . . l 0 1 . / 0 , ' • 4 a . F.I . ' •1 , o - •-,• i • • 1.• '' f , . 1I-.. 0 • C;r, rib,,' • g., l'. ,1••• 5 • 4:' • !/, ', • LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 63500 STUWIN, INC 8919 GRANT STREET 68134 391-7090 DBA GRANT STREET BAR & GRILL NLCC ORDERS 9-16-04- LICENSE ISSUED REFLECTING TRADE NAME CHANGE FROM COCKTAILS AND CHROME * OTHER ACTIVITIES 5-25-04 -TRANSFER FROM STRACY, INC * RES#681 GRANT* 11-17-07 -TAVERN REPORT RE: OPEN CONTAINERS AFTER HOURS *9-9-08 -REQ ADD SIDEWALK CAFE APPROX 23' X 20' TO THE EAST* LICENSED PREMISES 1 STY BLDG APPROX 40'X 55' OFFICERS: PRES/TREAS/MGR- MICHAEL LITWIN, 7572 CHARLES ST, 68114 (H) 392-0582©657-0244 * VP/SEC - MERNA SAMPSON S' _ § OA' / § �' m .. . G \ .1 PREMISES 1 STY L SHAPED BLDG APPROX . 39' X 59' * ***(8-22-07-OLD-64' X 59' ) * (3-19-07 -OLD 48' X 60') OFFICERS: OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 ADDITION REQUEST DATE: _AUGUST 18, 2008 ph.U4,*_ APPLICANT: STUWIN, INC., DBA GRANT STREET BAR& GRILL LICENSED LOCATION: 8919 GRANT STREET PERSON PROVING INFORMATION ON BEHALF OF THE APPLICANT: REQUESTING: 5 i r,4. c ry,,. I k e-cjC_ I-p1Okd xe2 5 ' x Q' +of fk weilvAL BY CARMAN JOHNSON * RES#681 GRANT* 11-17-07 -TAVERN REPORT RE: OPEN CONTAINERS AFTER HOURS *9-9-08 -REQ ADD SIDEWALK CAFE APPROX 23' X 20' TO THE EAST* LICENSED PREMISES 1 STY BLDG APPROX 40'X 55' OFFICERS: PRES/TREAS/MGR- MICHAEL LITWIN, 7572 CHARLES ST, 68114 (H) 392-0582©657-0244 * VP/SEC - MERNA SAMPSON S' _ § OA' / § �' m .. . G \ .1 PREMISES 1 STY L SHAPED BLDG APPROX . 39' X 59' * ***(8-22-07-OLD-64' X 59' ) * (3-19-07 -OLD 48' X 60') OFFICERS: OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 - . . •-•.,- •••- • I ...;.•4:4,(.0i..104ii*:.!.; OW' • • . • • • . • A . • . '. .APPLICATION FOR ADDITION ... • , TO LIQUOR LICENSE • • Office Use • . • t) - • EI1V • . • NEIRASICA LIQUOR CON1ROL COlt RCE etaSSION ' 1 301 CENTENNIAL MALL SOIJTII . PO 00X 95046 • .. • •UNCOLN.14E 68509-5N6 ' . . AU( 1.3 .0.,,,..s, • . 4.46T 1 • PHONE(402)471-2571 . . . • •*IWOr4,4s.. .. . FAX(402)4714E14 . • 0 . Websito: xamisrassay -°11vrnaL `dul40F1 - • COmos • • SION • . . Application: • • .: •. • • Must include procesiing fee of$45.00 made payable to Nebraika Liquor Control Commission • • • • Must hiclude a copy of the'lease or deed showing ownership of area to be added . . • • o This is still required even ff it's the same as on file with our office 5 . - • • Must include simple skateli showing existing licensed area and area to be'added,most include . .. outside dimensions in feet(not square feet),direction north. No blue prints. • . • • . .• May include a letter of e3Ephmation • : • • .500 -' • . LICENSE14411XNU ,.! __-__C 0 ..,_:._•_• .d.....-_,,...„____:._._....,,_ ___..: - • - • . • : •. uwln inc . • . . LICKNSEE.NAINEEt . • - _if • - ,..-- v 1.- ' -4 1. .• *.-. - ". . . • • . • TRADE NAME rant Street Bar&Grill - _ ___ _... • .._..._ . • , • . • , . • , • pREmisE ADDRESS 919 Grant St . . • ' . • • • - „, . . . • ,. . . • maha . • . . . . . . ., . . .- . . . • lchael Litwin • • . . .. CONTACT PERSON . _ . . . .*•• • . • • .. ' • •• • . .PHONE NUMBER OF CONTACT PERSONO2-3917090• • • . . . • • - • . • ........................ ..........., . . . . . • Complete the following questions: . • • ' --- ' •.' : I) • Are you adding on to your building? Q Yes . El . NO . •• Include a sketik•of the area to be added showing:. . • . .. . . . . . •. o existing building . • • ' • o outside dimensions(in feet) • . • . . .. . . . . o direction.north ' • . •- • .• . .• • . . .. 2) . Are you adding an.ontdoor area? . ' • • Et —Yes CD No . .• ... • . . • . . •If an outdoor area(check one of lite folldwing) . • • • . . , . • .• • • • . . . I , . . . • 0 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which bused for the service and , • consumption of alcoholic liquors,and which is contained by a fence or wall pm:Venting the trucontrolled entrance or exit of . pentrins from the premises,and preventing the passing of alcoholic.liquors to persons outside the premises. (examPka may• , . . Includ4 bra are not restricted to soul volleyball,horseshaepits...) • • , . . . , . ' • • ' • • ', . . • 1 , 1 .. 8L1 S 232,G. • S. . . .. .. . • . -0800015161 ' 47 1 s7-. Mal . • • ..• I . . . . . • - • . . ‘i 4 •., ,,,, - • • .ri;q:.. ef. •: , ,.,,:,, ....i 4 ') 1. i • • ft I • .1. 1 c' 4. . :-! , ., : f• ' ''fjj 1/4 4,f".:: 1' .-0 • j ''..;..., , ,.." ' .. el "•,. ' ' /.1f ... 4 ' 7 . .N, :•:k '" I\. '' II i :...,, OM ,..... . „ ., u--n. J -11 d • 1 1 t•,ij ., . „.. • . . ,•,..;,..,: , c, . . l 0 1 . / 0 , ' • 4 a . F.I . ' •1 , o - •-,• i • • 1.• '' f , . 1I-.. 0 • C;r, rib,,' • g., l'. ,1••• 5 • 4:' • !/, ', ® 012.08'Sider/elk cafe"shall mean an outdoor area included in licensed remises,:which is used by a restamentor• hotel with a restaurant license,far die service of meals as well as alcoholic liquors,main is a defining the lid area. that one �:. , _ shall be allowed. open entrance mot to eight(8). What type of permanent fe • w will you be using? hatn • • • . • . • • • lucXade a sketch of the area to•be a•dded s> owl • • ' • • • o ezdsdng building • . o outside dimensions(in feet) ' • • : o direction north • • • • • • ' IR. F CENED• , - A'6Itael i Z. h.J 1-- • • .Pilot Name of Latour*. 3 L"�B . AUG • • NEBBASKA l QU0141 CONTAnt-COMMISSION• • • �C /. ? • • SIg fsture of.Licensee or O . • • 'State of N • • • • County"t----. • The.forgolag Manumit was ae$towtedge before ' • • me this -•i 1-o/ . . • • . • Date • NOW,PitefleSiguatarii . . • . • . muria... . _ car rl�Anr.Stake of PUN a i • .• e,Cam 6tp.ions 1.20IS • • • z 14411XNU ,.! __-__C 0 ..,_:._•_• .d.....-_,,...„____:._._....,,_ ___..: - • - • . • : •. uwln inc . • . . LICKNSEE.NAINEEt . • - _if • - ,..-- v 1.- ' -4 1. .• *.-. - ". . . • • . • TRADE NAME rant Street Bar&Grill - _ ___ _... • .._..._ . • , • . • , . • , • pREmisE ADDRESS 919 Grant St . . • ' . • • • - „, . . . • ,. . . • maha . • . . . . . . ., . . .- . . . • lchael Litwin • • . . .. CONTACT PERSON . _ . . . .*•• • . • • .. ' • •• • . .PHONE NUMBER OF CONTACT PERSONO2-3917090• • • . . . • • - • . • ........................ ..........., . . . . . • Complete the following questions: . • • ' --- ' •.' : I) • Are you adding on to your building? Q Yes . El . NO . •• Include a sketik•of the area to be added showing:. . • . .. . . . . . •. o existing building . • • ' • o outside dimensions(in feet) • . • . . .. . . . . o direction.north ' • . •- • .• . .• • . . .. 2) . Are you adding an.ontdoor area? . ' • • Et —Yes CD No . .• ... • . . • . . •If an outdoor area(check one of lite folldwing) . • • • . . , . • .• • • • . . . I , . . . • 0 012.07"Beer garden"shall mean an outdoor area included in licensed premises,which bused for the service and , • consumption of alcoholic liquors,and which is contained by a fence or wall pm:Venting the trucontrolled entrance or exit of . pentrins from the premises,and preventing the passing of alcoholic.liquors to persons outside the premises. (examPka may• , . . Includ4 bra are not restricted to soul volleyball,horseshaepits...) • • , . . . , . ' • • ' • • ', . . • 1 , 1 .. 8L1 S 232,G. • S. . . .. .. . • . -0800015161 ' 47 1 s7-. Mal . • • ..• I . . . . . • - • . . ‘i 4 •., ,,,, - • • .ri;q:.. ef. •: , ,.,,:,, ....i 4 ') 1. i • • ft I • .1. 1 c' 4. . :-! , ., : f• ' ''fjj 1/4 4,f".:: 1' .-0 • j ''..;..., , ,.." ' .. el "•,. ' ' /.1f ... 4 ' 7 . .N, :•:k '" I\. '' II i :...,, OM ,..... . „ ., u--n. J -11 d • 1 1 t•,ij ., . „.. • . . ,•,..;,..,: , c, . . l 0 1 . / 0 , ' • 4 a . F.I . ' •1 , o - •-,• i • • 1.• '' f , . 1I-.. 0 • C;r, rib,,' • g., l'. ,1••• 5 • 4:' • !/, ', 6.4 • 2 . . . ,GS, •• Exhibit'A' • Site Plan 1,47-1 • pus 13 2000 �lEBf� �t-IG�U�f� _. .._.. . oo�►�r�o�A�co�►�n�ss�oN r .i �liiliii II!Illir l i i "I:"i +of fk weilvAL BY CARMAN JOHNSON * RES#681 GRANT* 11-17-07 -TAVERN REPORT RE: OPEN CONTAINERS AFTER HOURS *9-9-08 -REQ ADD SIDEWALK CAFE APPROX 23' X 20' TO THE EAST* LICENSED PREMISES 1 STY BLDG APPROX 40'X 55' OFFICERS: PRES/TREAS/MGR- MICHAEL LITWIN, 7572 CHARLES ST, 68114 (H) 392-0582©657-0244 * VP/SEC - MERNA SAMPSON S' _ § OA' / § �' m .. . G \ .1 PREMISES 1 STY L SHAPED BLDG APPROX . 39' X 59' * ***(8-22-07-OLD-64' X 59' ) * (3-19-07 -OLD 48' X 60') OFFICERS: OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 i-� • r - ' . • rl BUSINESS PROPERTY LEASE . AUG 13 i..Mr, • THIS LEASE is mtmad into this 1 day of ,2,027_betawa ag1Qli ]nva9emeuta..= ,LJOp Stuwininad/bht Grant StrestBar .Tenant CONTROL COM to SSION t. •LandIoTd leases to Tenant the teal property!coated at NB 68134(the"Ponies"),containing eppeoxdmatelir 24D0,anare that darn,located in 8919 Gixrt Shnbt' _ ,on he following terms and conditions, • 3. raft. This Lease shall be lbr i term of yggm,beginning on tiro 1 day qflaptenthei 2007. aid ending on die 31 day of August.20►Q.unless urmirated asriier'u provided in ebb Lean. • If for any reason the Premises it i�detivered to Tenant on any date bottom or after the team commencement date,other than stated heroin.rental for,the period between the date of possession and the term commenoearent date shall be adjusted on a pro rata basis. Such earlier of liter taking of possession shall not change the termination date of this Loose. This Lease shall not be void or voidable in the event of a late delivery by Landlord,nor shell Landlord be liable to Tenant fin toy resulting lost or . 3. OF PEA The Premises are leased to Tenant,and are to be used by Tenant,for the'purposes of_.,,, Bar end for no other papaw. Tenant agrees to use the Premises in such a mama is to not intertbre with the rights of other tenants in tits Real Estate,to comply with all applicable governmental laws,arms,and regulation in ocnaeodon with its use of the Promises,including without limitation all environmental laws,to keep the Premises in a clean and sanitary condition to tie satitSction of Landlord,and to use all reasonable premerlionm prevent waste,damage,or injury to the 4. EMIT. • ' (a) Base Rent The total Bale Rent under this Lease is one lmndred eighty one t ousand.and fort tour Dollar!.( 124.032 001.Tenant agrees to pay rent to Landlord(made navable to Comer investments.LLC.1 at 1,112 $beet.Suite#300 Omaha.NB.J8154,or at any other place Landlord may designate in writing,in law(W money of the United • States,th monthly installment in advance,on the first day of each month,as follows: For the period from September L 2007,to gL 8.3,200f, 2.521.00per month Poethe period Brim S member 1.2008,to Anon 31.2009,$ 2.52L00 per month For the period hoM____Litimmtdaan to _ Angela 31:201Q,$ • Q.647,00 per month For Lae period ihdm ' Sepyeenber1.2O1Q10 Aunt • 2.¢47.00 per month (b)Operating Expanse.. In addition to the Base Rest,Tenant shell pay a pro rata share of operating expenses of tie . real estate of which the Premises are pert,parking areas,and grown&("Real Estate"). "Opeeatng expenses"shall men all costs •of maintaining and operating the Real Estate,lnol lirhg bus act limited to all taxeit•and special aseesameahts levied upon the Reel • Estatey fxtuttes,and peasoaal property used by Landlord at the Real Estate,ell hauranee costs,all costs of labor,material and supplies Or a0.fepair,replacement,and operation of the Real Estate,including but not limited to tine painting, lighting,snow nnoval,landscaping,roar repairs,utilities chargeable to the building and common areas,cleaning,depreciation of machinery and equipment used in soh mom,repair and replacemmu+and managenmaa coats, including Real Estate aaperintendmta. Operating Expenna shell not include property additions and improvements to the Rae Estate which by • gay accepted accounting practice are treated as capital items,alterations made for specific ,depreelud m of the Real Estate,debt service on lemgterm debt or income tens paid by Landlord. • "Tenant's pro rats share"shall mean the percentage determined by dividing the square abet of the Premises as shown in Paragraph 1,by the Toad Building square abet(enren<ly 23.6g0 gphe) • Tenerife pro rata abate of the Operating Expenses shall be determined a en amen basis for each calendar yew ending .. t/atDea tuber 31 and shall be pro rated for the-number of months Tenant occupied the-Premises if Tenant raid not occupy the Premaises the fall year. Tenant stall pay Six hundred forty two antm/100 (S642.001 per aloft on the first of each month in advance with rent for Taunt's estimated pro rata sham of the Operating Expenses. Landlord may change this amount at any time span written notice to Team At the end of each year,an analysis of the total year's Operating Expenses shell be presented to Tenant and Tenant shall pay the anoutt,if any.by which the Tenant's pro ate share of the Operating Expenses for the year exceeded the amount of the adman Operating Expanses paid by Tenant shag be paid by Tenant to Landlord within thirty(30) days after Tenant's receipt of tho statenms. In the event this Lease to manatee at any dine other than the laat day of the year,tine excess Operating Expenses shall be determined as of tie date of termination. If Tenant's payments of estimated Operating the• Ewan exceed the amen dee t calendar year,Laadksd shall,at its option,provided Tenant is not then in default to der this L ea term of this e Lams has against MOS as a credit Tenant's other obligations under this Lease or promptly refired archte already expired,in sitar ass without interest to Tenant . • (a) Payment of Rent.Tenant agrees to pay the Base Rent as and when due,together with Tenant's ahem of the Operating Expenses end all other worn required to be paid by Tenere wader this Lease. In the event of nonpayment of any . amounts due under this Lessee,whether or not designated as rent.Landlord shall lave all the rights and remedies provided in this Leese or bylaw thr bi nre to*rent • • • • • (d) Late Charge. If the Tenant hill to pay the Base Rent together with the Teamh'ehe a of the Operating Expenses • end all other amounts required to be paid by Tenant under this Leese,on or before the fifth day after snob payments are due, Tenant agrees to pay Landlord a late charge of$ 250.QQ (a) Saeerity lfapedt. Ai partisl'oarsideration for the execution of @hid Lease.the Tenant has delivered to Landlord'Lr Laontlord's use and possession the arm of Trshesferrad as a Security Deposit The Security Deposit will be returned to Tenant et the expiration,of this Lease if Inane has folly complied with all covalent,and conditions of this Leese.This deposit is not to be construed ea prepayment,and Landlord shall not be obligated to,though may,at its option,apply said deposit to any .t. • - • tapwid rent or portion thereof upon which Tenant is in defbuit,or to any other amount due under the terms of this agreement Landlord shall note obligated to keep the security deposit as a separate fired or to obtain the same in an caw account,but may mix or ooamodmgle the security deposit with its own fonds.No tartest will accrue to Tenant for this amenity deposit balance. S. SERECEI. Landlord shall flrmish=mod=to the Premises during normal business hours,and at such other dams as Landlord may deem necessary or desirable,in the manner customary to the Real Estate. Landlord shall have the right to - dine any service drug any period for which rent is not promptly paid by Tenant landlord shall not be liable for damages,nor shall the read be abated,for failure to famish,or delay in famishing,say service when dune to farniah,or delay In dandling,is occasioned in whole or in part by needful repairs,renewals, or improvements. or by any strike or labor oonuoversy,or by any accident or casaalty whatsoever.or by any unauthorized not or dethult of any employee of Landlord,or for any other cause of causes beyond the control of Landlord. Tenant dull pay when due,all water,gas:electricity,and sewer use • fees,incurred at or chargeable to the Premises. 6 Tenant shall not assign this Lease or sublet the whole or say part of the Promises, 'this Lease by operation of law or otherwise,or permit any other person except agents end employees of Tenant to occupy the Pandas,or any pert thereo4 without the prior written consent of Landlord,which consent may be withheld or conditioned en landlords sole dlaantkm. Landlord may charge a reasonable fee to process and consider a requeslr and may consider any factor it deems relevant in determining Whether to withhold consent including,but not limited to,the hollowing: (a) financial responsibility of the new tenant,(b)identity and business character of the new tenant,(a)nature and legality of the proposed use of the Promises. Landlord shall have the right to assign its interest under this Lease or the rent haeeoder. • 7. INSANZUMEMOStal Tenant shall have the right to place partitions and fixtures and make improvements or other alterations is the interior of the Premises at its own expense. Prior to commencing any weir wort.Tenant shall first obtain the written consent of Landlord for the proposed work. Landlord may,as a condition to its mot,require that the work br•dams by Landlord's awn employees and/or under Landlord's supesviaica,but at the expense of•Tenant,and that Tenant give meoiear security that the Premises will be completed floe end clear of liana and in a"manner satisfactory to • Landlord Upan termination of this Lease,at Landlord's option.Tenant will repair and restore the Premises to its former condition,at Tenant's erase,or any such improvements,additions,or altamticna installed or made by Tenant,except Unsafe trade ileum,shall become part of the Premises and the property of the Landlord. Tenant may remove its trade tip at the • termination of this Lease provided Tenant is not then in delimit and provided iia'ther that Tenant repairs any damage caused by such removaL & BRAM. Landlord agrees to caiotai,in good condition,and repair as necessary the foundations.exterior walls and the roof of the Premises.. • Taman agrees that it will make,et its own coot and expense,all repairs and replete to the Premises not required to bo.mado by landlord,including,but not limited to,all interior and exterior doors,door denies,windows,plate glees,end the heating,air cc a litioafag,plumbing and electrical systems servicing the Premises. Tenant etpuees to Awn*proof of an FIVAC rorvira .. to the L.an ord as outlined in Section 26(o),Tenant agrees to do all redecorating,remodeling,alterations,and painting required by it during the term of the Lease et its own cost and expense,to pay hrr any matte to the Promisee or the Real : Estate made necessary by pay negligence or carelessnesi of Talent or any of its agents or employees orersone p permitted on die • Real Etna by Tenant,and to maintain the Premisee.hn a safe,clean,neat,and sanitary condition. Tit shall be emitted to no • oompennatior for inaeavanieowe,injury,or loss of hardness arising from the making of any repairs by Landiard,Tenant,or other • tenants to the Promises or the Real Estate. 9. i)] 1ITI(ON OF'PR_EMIS r_ Except as provided herein, Tenant agrees that no promises,representations, ' statement&or warrantee have been made on behalf of Landlord to Tenant respecting tbe condition of the Premises,or the manner damning the Real Estate,or the melding of any repairs to the Premises. By taking possession of the Premises,Tenant aetmowledges that the Premises were in good and satisfactory condition when possession was taken. Tenant shall,at the to:ained=of this Lease,by lapse of time or otherwise,remove all of Tenant's property and s rrende the Premises to Landlord hi as good ern sa when Tenant took poseeselon,normal wear exoepted, ... la t RSONAL PROPERTY AT RISE OP TENANT. All personal property in the Premises shall be at the risk of Tenant only. Landlord shall not be liable for way damage to.wry.prnperty of Tenant or ire agents or employees in the Praxises . caned by any meson whaosoevei,imluding,without limitation,fire,theft,steam,electricity,sewage,gar 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 plane,or for any damage done to Tenant's property in moving same to or dria the Real Estate or the Premises. Tenant shall give Le &or its agents.prompt written notice of any damage to or defeats in water pipes,gas or warning or cooling apparatus in the PreOgBO • 11. 11,,ANDLOBRI3 RESERVED Rl4RTS. Without notice to Tenant,without liability to Tenant Sir damage or . *Jury to property,person,or busincas,and without effecting an eviction of Tenant or a disturbance of Tenant's use or possession or giving rise to any claim ibr set offer abatement of rent,Landiard shall have the right to: (a) Change the name or street address of the Real Estate: (b) Install and maintain signs on tluRbal Estate. (o) Rave access to all mail chutes according to the tiles of the United States Post Othce Department. • (d) At reasonable times,to decmnta,trod to make,at its awn expanse,repairs,alterations,additions,and improvements, structural or otherwise,in or to the Premises,the Roes Estate,or part thereof,and any aetiacem Beal Estats.land,meat,or allay, ' and during suoh operatic=to take foto and through the Promises or coy part of the Real Estate all mato ials required,and to temporarily close or suspend operation of entrances,doom,corridors,elevators,or other finings to do so. (e) Possess passkeys to the Premises. (1) Show the Premises to prospective tenants at reasonable*nem • (g) Take tiny and all reasonable measrana,include tape: or the making of repairs.alterations,and additions and •improvements to the Premises or to the.Real Berate,which landlord deems necessary or desirable for die lathy,protection, • operation,or preserved=order Pik or the Real Estate. (h) Approve all sources fimnisble:signs,paining, and/or lettering to the Premises,and approve all signs on the . Premises prior to Installation thereof;which approval maybe withheld or conditioned in Landlord's sole dtst tort:" .t. • • (f) Establish mica and regulations for the satiny.care,order,operation,appearance,and cleanliness of the heal Estate and to male modifications thereto. • 11 Tenant shall not use or occupy the Promises or any part thereof in any manna:which could invalidate any policies of Insurance now or hereafter placed on the Real Estate 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 5utheranca 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 the extra insurance premiums required.on the Real Emma on account of the increased risk caused by Tamara use and occupancy of the Premises. Each party hereby waives all claims for recovery num 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 policiem provided that this waiver Shall empty only when permitted by the applicable policy of insurenne. • 1s. PIDEIVINLTY, Teasel shall indemnit hold harmless,and demand Landlord from and aganst,and Landlord shall not be liable to Tenant on account of;any sad all costs,expanses,liabilities,tosses,damages,suite,sotioos,lea,penalties, dam ode, or claims of any kind, including reasonable attorneys fires,asserted by or on behalf of any person, entity,or • governmental authority arising out of or to any way connected with either(a)a failure by Tenant to perm any of the requiredagmementa,terms,or conditions of lids Lease to be patinmed by eague laws,statutes,ordinances,regulations, orders ofany authority,or(o)bany accident,dead),or personal injury,or damage to,or loss or theft ofproperty which shall occur on or about the Premises,or the Real Estate.except as the came may be the result oft the negligence of Landlord,it,employees,or agents. 14. 1614110ZOLDEMEGI. Tenant agrees to procure and maintain continuously during the entire term of this Lease,a policy or policies of coal general liability fneuranoe from a comps y or odes acceptable to Landlord,at Tenant's own coat and expense,Insuring Landlord and Tenant Boom all claims,demander or actions;such policy or policies shall in addition to insuring Tenant protect and name the Landlord and Landlord's managing agent as additional Insureds and shell provide coverage in a combined single limit per occurrence of et least$1,QMSLOQ for claims,demands or actions for bodily Wert%death or property damage nmdc by or on behalf of any person or pmaons,firm or corporation arising from,related to,or connected with the conduct and operation of Tenants business in'the Pmaniacs,or arising out of and connected with the use and occupancy of the Real Estate by the Tenant All each insurance shall provide that Landlord shall be given a minimum of ten(10) • days notice'by the insurance company prior to cancellation,termination or change of such Insurance. Tenant shall provide Landlord with copies of the policies or certificates wtdemsing that such insurance in Sall force and effect and stating the term end • obtain• provisions thereof If Tenant fails to comply with such requirements far insurance,Landlord may,but shall not be obligated arch i and keep the same in effete,and Tenant pay Landlord demand �the premium coat thueo£ 15. DAIWAGjI BY FIRE OR M UER CASUALTY. 1$during the term of this Loan,the Premises shall be so damaged by fire or any other cause except Tenant's negligent or intentional edt so as to render the Premises untemantablo.the rent shall be abated while the Premises remain®tenantable;and in the event emu*damage,Landlord shall elect whether to repair the Promises or to cancel this Lease,and shell notify Tennant In writing of its election within sixty(60)days after gush damage.In • the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without __.....,.unneoessa'y delay. In the event Landlord elects not to repair the Promisee,the Lease shall be deemed canceled as of the date of the damage. Each damage shall not en as d the Lee term. _. 16. CQNDEKNATION, If the whole or anypart 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 pin,and • the Went shall be paid to that date,with a proportionate reread by Landlord to Tenant of such rent as may have been paid by Tenant In advance. If the portion of the Premiers taken is such that it invents the practical use of the Premises for Tennis paapnses,then Tenant tdrall have the right either(a)to terminate this Lease by giving written notice of such talon to Landlord not later than thirty(30)days after the faking,or(b)to centime in possession of the remainder of the Promisee,except that the tint 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 ram award of damages shall be the trrolualvo property of Landlord.Melodies all demagog awarded as compensation for diminution in value to the lemaehold,without any deduction for the value'any mmxpirod • term of this Lease,or for any other estate or Interest in the Premises now or hereafter vested in Tenant. • • •17. DEFAULT O ,Af . Rath of the following decants(naall constitute a default ore bmaah of this Lease by Tenant (a) IfTenant fails to pay Landlord any mare other payments whim tins herear des; (b) If Tema vacates or abandons the Premises; (o) If Tenant files a petition is bankruptcy or insolvency or fin reorganisation under any bankruptcy act,or voluntarily • takes advantage of any such act by=ewerr err otherwise,or makes an assignment for the benefit ofcreditnrsl; (d) If lnvohmt&y proceedings under any bankruptcy or inamiVenay 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 ditanbered or • the recelve n ip or trusteeship vacated within thirty(30)days after the institution or sppoia or • • (e)enIf Tenant Wstoor comply with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • • Premises for the balance of the Lease term as though the Lease had not bean terminated which sum shall beimmediately due Landloed tan Tenant (o) Landlord may relet the Premises or any part thereof for any term without terminating this Lease,at such rent and on • • such tame as it may,choose.Landlord may make alterations cad repaint to the Premises, In addition to Tenant's liability to Ladled for breach of this Lease,Tenant shall be liable for all expanses of the rebating,for any alterations and repairs made,and for the rent due for the balance of the Lease term,which sum shall he immediately due landlord Aem Tenant The amount due • • Larattad will be redrµed by the net rent received by landlord during the r?emainhrg tree of this Lease from relati ng the Premises or any part*mot If during the remaining term of this Lease Landlord receives mete than the amount due Landlord under this sub-paragraph,the landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made paymamt ' pursuant to this sub-perageph. lf4 j)l1RRENDER-HOLDING QM. Tenant shall,upon termination of fire Lesse,whether by lapse of time or otherwise,peaceably and promptly surrender the Premises to Landlord. IfTernsat remains in possession after the termination of this Lases,without a written lease duly executed by the parties,Tenant shell be decreed a trespasser. If Tenant pays,and Landlord acres net for a period after termination of this Lease,Tema shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms,condition%and agreements of this Lem,except that the rent shall be two dines the monthly rent specified in the lease i> ataly before termination. 20. . Landlord reserves tie right to place liens and encumbrancer on the Premises superior in lien and effect to this Lease. This Lease,and all rights of Tenant hereunder,shall,at the option oftendlord, be subject and subordinate to any liens and encannteances now or hereafter imposed by Landlord upon the Premises or the Real Bate or any part themof;and Tenant agrees to axeento,acknowledge,and deliver to Landlord,upon request,any and all Lriumeas that may be necessary or proper to subordinate this Lease end all rights herein to any each lieu or encuni rams as • may be requited by Landlord. In the event any proceedingsare brought far the tbrrxlosnre of any mortgage on the Premises.Tenant will attema to the p at the foreclosure sale and recognize such purchaser as the Landlord under this Lease. The purchaser,by virtue of such • fenxloerae,shall be deemed to have assumed,as substitute landlord,the teams and conditions of this Lease will the resale or other disposition of its interest Such assumption.however,shall net be deemed in acknowledgment by the p urbaser of the validity of ay then existing claims of Te nant against the prior Landlord. Tenant agates to execute and deliver such flusher assurances end other doc tq,taeteding 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 Lase because of any such foreclosure proceedings. 2L $OTICF5 Any notice or demands given hercmMer shall be in writing and personally delivered or seat by that ohms map postage prepaid to Landlord at_13321 California Streel,Su1te a9300 Omr ehe.NE Oita__and also to Tenant at Ii919 Grant Street_ NB 68134 or at such other address as either party may from time to time designate in writing. Bach 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 hi the maamer perurtbed hereto. 23. cOMPLIAN.«: WITfl ADA.Tenant shall be responsible for all Goes of complying with the Americans with • Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not sae the removal or modification of load-bearing walls. 23. PU&I1TITt'ION OP 0730111EllreD,SES. Landlord may upon ddrty days notice to Tenant substitute for the Promises other premises in the Real Batato(the"New Premises"),provided that the New Premises shall be reasonably usable for Tenet's business hereunder and,if Tenant is already in occupancy of the Premises,then in addition landlord shall pay the • reasonable expenses of moving Tenant flea the Premises to the New Premises and for improving the New Medan so that they me subsantaly similar to the Premises. 24. D'iLSCELLANEOLIS. (a) Binding on Ace. All tarsna,conditions,and agreements of this Lease shall be binding upon,apply,and inure to the benefit of tbe'pardea hereto and their respective heirs,representatives,successors,aid permitted assigns. (b) Amendment In Wetting. This lease contains the entire agreement between the parties and may be amended only by subsequent wrltten agreement. (o) Waiver-Nene. The failure of Landlord to insist upon strict p nrgomswme of any of the terms,conditions and age ments of this Lease shall not be deemed a waiver of any of its rights or:candies hereunder and shall not be deemed a waiver of any subsequent broach or dothult of any of such teams,condition,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. • (d) No Surrender. No amender of the Premisn by Tenant shell be afibcted by Landlord's seeeptence of the keys to the Premises or of the runt due hammier,or by any other means whatsoever,without Landlord's written acknowledgment nt that • such acceptance constitutes aancnder. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define.limit, • deaortbo,or oona tnao the contents of sewh paragraphs. • (A Appfcable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Now. • (g) Partial Inval dity.If any provision of this Lease is Invalid or unenforceable to any extent,than that provision and the remainder of this Lease shall continue in eft and be enforceable to the fullest extent permitted by law. (h) Agent Equity.Bryan Hartmann has equity in Bloomfield Planet with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • .• J . y . PRO)f i tB.The bruhnm invoked in this irsesaction era ® Agent fbr Landlord Brven Hartmenelarad Ham with N.P.Dodn Management Company d/b/g IRI Agent for Tenant Bryan Hanmegn/Ched Hansen 7i N.P,podae Manaaenect Campany Mria Nal ® Dual agent representing both Landlord and Tenant ® landlord and Tenant aclmowiedge that N.P.Dodge Management Company is being paid a the by Landlord and this the will be shared by the Brokers based on their Mande CI Landlord and Tenant will each compensate,their respective Brotoens. 25 OTHER PROVISIONS. • • Landlord to provide a Tenant finish MAowsnee of$10,000 Prior to commencing any such work,Tenant shall first obtain the written consent of Landlord for the proposed work. Tenant must use a licensed general contractor approved by Landlord,and the Tenant most give at>>Bo e=security that the Premises will be completed free and clear of Rene and in a manner ondsfectory to Landlord. Tenant shall be entitled to the entire tenant finish allowance regardless of actual construction costa Ford to replace one(1)IHVAC milt in premises. Vntielittwanp Landlord to warran1sewer lira in tsars space. Tenant shall be responsible for all maintenance; Landlord to be • respunalble if it is determined(at landlords sole discretion)that the sewer line needs Ata► a atv 26(a)Alternate Telecommunication Service Provider:er:In the event that the Tenant via ttnlize services of an elttrnedve telecommunication service provider rather thorn the teleconmnadastion service provider(1)widish is(are)servicing the building as • of the date of lease execution,no such alternative service provider(s)shall be permitted to provide service to Tenant or to install its lines or other egimipmomt within the building or across the Real Estate without obtaining the prior written consent of the Landlord,The Landlord's consent may be withheld in Landlord's sole and absolute discretion. 26(b)Telecommunication System •The Tenant(anrrde Tenant's tilecomennications service peevida+(s))shall have no right to knell and/or operate teleot__ieiostioms system in any area of the Building or Real Estate other than the Premises,without the prior written ao eat of the Landlord.Tie Landlord's consent con be withheld in the Landlord's sole and absolute discretion.Upon the termination or expbaticm of the lease,unless the Landlord ben provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's teleoommmnmstions systems,and repair any damage caused by the removal(to the Landlord's reasonable ). 26(e)HVAC Preventative Mabroaman=Tenant agrees to allow Landlord to complete monthly preventative maintemnoo oa the HVAC system in and about the premises,at the sole cost and expense of Tenant Should repair*be needed on the HVAC unit, landlord will notify Tenant of such repairs end Tenant can elect to use It's own contractor or a contractor selected by landlord. Landlord warrants that the HVAC system was delivered to Tenant in satisfactory coadfficrn.Tenant acknowledges that monthly saMoa of the HVAC milt is essential to provide'outcome efficient service to the Premises. 26(d)Signages Prior to Installing any sign on the exterior of the Premises,Tenant must submit to the Landlord fbr the Landlord's review and written approval(which will not be unreasonable withheld)a rendering from a licemad sign contractor which clearly indicates the size,color,type,location and manner of installation of said signage,as Sather defined in Exhibit'B'. 26(e)Tenant Requirement concerning mold:Tenant agrees to main the Premises ins meaner that prevents the occurrence of en infestation of mold,mildew,microbial growths and any aseoeiated myootoxins in the Premises.Tenant nut property maintain the promises to reduce the l elihood of may mold growth or proHRrsyo i.The tenant must keep the Premises clean end Immediately fix and abate any leeks or moisture which haters mold growth,caused by any equipment,plumbing fixtures or other buns under its control 26(i)The Tenant must report within tbrty clght(48)hours the following to the Landlord: Cr) AaYr ►s'oerdatlo.hmtr,Mroaedhionerer mottled=Irma% a) "'raft lak,,dr>ma,matins pipes we,spots; (k) Orators non bathroom tdrohen.e r other teotfdes,batridlog bat not Undoed to tabs,shows:'.ahoy amtowmm.Mama.shim.Idabel appinomorother not ofrasa,apeo6gyfonosedwhorlsthecretowmayImoperm:tutrat&.Mots.eedm®arazimut () o Any ld o•oh spats et mime on mama Inside are Pwardomt (n) Dr m Plateffis systems re metfogs war oar stmacueK (o) M7dummy diem.health conditions or Implementer/al Mtn*growth st thermeirac roil (p) Any difeovey of auersia,Predispaddrai to or heightened risk of adverse halm ma rceed or bypawwntuity.to mad ow*et the t eeenbac (q) Any oddaoomfaome with mordgrowth. Any additional provisions of this Lease shall be in writing and attached es an addendum hereto. Until ibis Lease is executed on behalf of all patties hereto,it shall be construed as an cadle'to lease by Tenant to Landlord. LPi WrTNESS WHERBOP,the patties hereto have executed this Lease the day trod year that above written. tion,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. • (d) No Surrender. No amender of the Premisn by Tenant shell be afibcted by Landlord's seeeptence of the keys to the Premises or of the runt due hammier,or by any other means whatsoever,without Landlord's written acknowledgment nt that • such acceptance constitutes aancnder. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define.limit, • deaortbo,or oona tnao the contents of sewh paragraphs. • (A Appfcable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Now. • (g) Partial Inval dity.If any provision of this Lease is Invalid or unenforceable to any extent,than that provision and the remainder of this Lease shall continue in eft and be enforceable to the fullest extent permitted by law. (h) Agent Equity.Bryan Hartmann has equity in Bloomfield Planet with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • • �. L.Teams �°, By By Printed Name/WO ett'14e/liI �rlI1 Printed Nome p,/�F. $c j1�4 i 0 t.. X_ • PERSONAL GUARANTEE The gned baseby absolutely and unconditionally guarantee unto the Landlord the payment of the met and the • of all of the covenants under the Lease and all renewals and extensions thereof by the Tennant and hereby waive notice of any dethult under the Lease and agree that this liability shall not be released or affected by an extension of time for payment.by any fmbeamoe by the landlord,or by any assignment or modification of this lease. Dated this day of ./111. ? By 4—/,, By: SOS: sots: GENE• BUG it zdots • • • iJGSRA 1 `UM S�ON • CON �°4• fyM • • • • • • • • • • • • • • • • ! • • • • • • • • • hall be responsible for all maintenance; Landlord to be • respunalble if it is determined(at landlords sole discretion)that the sewer line needs Ata► a atv 26(a)Alternate Telecommunication Service Provider:er:In the event that the Tenant via ttnlize services of an elttrnedve telecommunication service provider rather thorn the teleconmnadastion service provider(1)widish is(are)servicing the building as • of the date of lease execution,no such alternative service provider(s)shall be permitted to provide service to Tenant or to install its lines or other egimipmomt within the building or across the Real Estate without obtaining the prior written consent of the Landlord,The Landlord's consent may be withheld in Landlord's sole and absolute discretion. 26(b)Telecommunication System •The Tenant(anrrde Tenant's tilecomennications service peevida+(s))shall have no right to knell and/or operate teleot__ieiostioms system in any area of the Building or Real Estate other than the Premises,without the prior written ao eat of the Landlord.Tie Landlord's consent con be withheld in the Landlord's sole and absolute discretion.Upon the termination or expbaticm of the lease,unless the Landlord ben provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's teleoommmnmstions systems,and repair any damage caused by the removal(to the Landlord's reasonable ). 26(e)HVAC Preventative Mabroaman=Tenant agrees to allow Landlord to complete monthly preventative maintemnoo oa the HVAC system in and about the premises,at the sole cost and expense of Tenant Should repair*be needed on the HVAC unit, landlord will notify Tenant of such repairs end Tenant can elect to use It's own contractor or a contractor selected by landlord. Landlord warrants that the HVAC system was delivered to Tenant in satisfactory coadfficrn.Tenant acknowledges that monthly saMoa of the HVAC milt is essential to provide'outcome efficient service to the Premises. 26(d)Signages Prior to Installing any sign on the exterior of the Premises,Tenant must submit to the Landlord fbr the Landlord's review and written approval(which will not be unreasonable withheld)a rendering from a licemad sign contractor which clearly indicates the size,color,type,location and manner of installation of said signage,as Sather defined in Exhibit'B'. 26(e)Tenant Requirement concerning mold:Tenant agrees to main the Premises ins meaner that prevents the occurrence of en infestation of mold,mildew,microbial growths and any aseoeiated myootoxins in the Premises.Tenant nut property maintain the promises to reduce the l elihood of may mold growth or proHRrsyo i.The tenant must keep the Premises clean end Immediately fix and abate any leeks or moisture which haters mold growth,caused by any equipment,plumbing fixtures or other buns under its control 26(i)The Tenant must report within tbrty clght(48)hours the following to the Landlord: Cr) AaYr ►s'oerdatlo.hmtr,Mroaedhionerer mottled=Irma% a) "'raft lak,,dr>ma,matins pipes we,spots; (k) Orators non bathroom tdrohen.e r other teotfdes,batridlog bat not Undoed to tabs,shows:'.ahoy amtowmm.Mama.shim.Idabel appinomorother not ofrasa,apeo6gyfonosedwhorlsthecretowmayImoperm:tutrat&.Mots.eedm®arazimut () o Any ld o•oh spats et mime on mama Inside are Pwardomt (n) Dr m Plateffis systems re metfogs war oar stmacueK (o) M7dummy diem.health conditions or Implementer/al Mtn*growth st thermeirac roil (p) Any difeovey of auersia,Predispaddrai to or heightened risk of adverse halm ma rceed or bypawwntuity.to mad ow*et the t eeenbac (q) Any oddaoomfaome with mordgrowth. Any additional provisions of this Lease shall be in writing and attached es an addendum hereto. Until ibis Lease is executed on behalf of all patties hereto,it shall be construed as an cadle'to lease by Tenant to Landlord. LPi WrTNESS WHERBOP,the patties hereto have executed this Lease the day trod year that above written. tion,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. • (d) No Surrender. No amender of the Premisn by Tenant shell be afibcted by Landlord's seeeptence of the keys to the Premises or of the runt due hammier,or by any other means whatsoever,without Landlord's written acknowledgment nt that • such acceptance constitutes aancnder. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define.limit, • deaortbo,or oona tnao the contents of sewh paragraphs. • (A Appfcable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Now. • (g) Partial Inval dity.If any provision of this Lease is Invalid or unenforceable to any extent,than that provision and the remainder of this Lease shall continue in eft and be enforceable to the fullest extent permitted by law. (h) Agent Equity.Bryan Hartmann has equity in Bloomfield Planet with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • 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 business 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 (OMC § 15-42). DESCRIBE ALL BUSINESS OR OTHER ACTIVITY THAT WILL OCCUR ON THE LICENSED PREMISES. ( � P �� � �-, 7 ,7'dZs �w2C.)� / c-- C6 -Oe- 41° Cr' er/ S-/ 6c ty '6uri/ he . (.� sec-Q r 4),_) / (o,iir) Ce.c7 r `v i171,1c-s _ ev--u 0,1 j Ayea * Cc.)11- 1A-t .411Cd110 (e.E. 6e k e2j . • Continue.on reverse side _Siki,t) 11'n J- - • Corporation and/or Trade Name (Please Print) Signature & Title of Applicant or Authorized Representative on Service Provider:er:In the event that the Tenant via ttnlize services of an elttrnedve telecommunication service provider rather thorn the teleconmnadastion service provider(1)widish is(are)servicing the building as • of the date of lease execution,no such alternative service provider(s)shall be permitted to provide service to Tenant or to install its lines or other egimipmomt within the building or across the Real Estate without obtaining the prior written consent of the Landlord,The Landlord's consent may be withheld in Landlord's sole and absolute discretion. 26(b)Telecommunication System •The Tenant(anrrde Tenant's tilecomennications service peevida+(s))shall have no right to knell and/or operate teleot__ieiostioms system in any area of the Building or Real Estate other than the Premises,without the prior written ao eat of the Landlord.Tie Landlord's consent con be withheld in the Landlord's sole and absolute discretion.Upon the termination or expbaticm of the lease,unless the Landlord ben provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's teleoommmnmstions systems,and repair any damage caused by the removal(to the Landlord's reasonable ). 26(e)HVAC Preventative Mabroaman=Tenant agrees to allow Landlord to complete monthly preventative maintemnoo oa the HVAC system in and about the premises,at the sole cost and expense of Tenant Should repair*be needed on the HVAC unit, landlord will notify Tenant of such repairs end Tenant can elect to use It's own contractor or a contractor selected by landlord. Landlord warrants that the HVAC system was delivered to Tenant in satisfactory coadfficrn.Tenant acknowledges that monthly saMoa of the HVAC milt is essential to provide'outcome efficient service to the Premises. 26(d)Signages Prior to Installing any sign on the exterior of the Premises,Tenant must submit to the Landlord fbr the Landlord's review and written approval(which will not be unreasonable withheld)a rendering from a licemad sign contractor which clearly indicates the size,color,type,location and manner of installation of said signage,as Sather defined in Exhibit'B'. 26(e)Tenant Requirement concerning mold:Tenant agrees to main the Premises ins meaner that prevents the occurrence of en infestation of mold,mildew,microbial growths and any aseoeiated myootoxins in the Premises.Tenant nut property maintain the promises to reduce the l elihood of may mold growth or proHRrsyo i.The tenant must keep the Premises clean end Immediately fix and abate any leeks or moisture which haters mold growth,caused by any equipment,plumbing fixtures or other buns under its control 26(i)The Tenant must report within tbrty clght(48)hours the following to the Landlord: Cr) AaYr ►s'oerdatlo.hmtr,Mroaedhionerer mottled=Irma% a) "'raft lak,,dr>ma,matins pipes we,spots; (k) Orators non bathroom tdrohen.e r other teotfdes,batridlog bat not Undoed to tabs,shows:'.ahoy amtowmm.Mama.shim.Idabel appinomorother not ofrasa,apeo6gyfonosedwhorlsthecretowmayImoperm:tutrat&.Mots.eedm®arazimut () o Any ld o•oh spats et mime on mama Inside are Pwardomt (n) Dr m Plateffis systems re metfogs war oar stmacueK (o) M7dummy diem.health conditions or Implementer/al Mtn*growth st thermeirac roil (p) Any difeovey of auersia,Predispaddrai to or heightened risk of adverse halm ma rceed or bypawwntuity.to mad ow*et the t eeenbac (q) Any oddaoomfaome with mordgrowth. Any additional provisions of this Lease shall be in writing and attached es an addendum hereto. Until ibis Lease is executed on behalf of all patties hereto,it shall be construed as an cadle'to lease by Tenant to Landlord. LPi WrTNESS WHERBOP,the patties hereto have executed this Lease the day trod year that above written. tion,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. • (d) No Surrender. No amender of the Premisn by Tenant shell be afibcted by Landlord's seeeptence of the keys to the Premises or of the runt due hammier,or by any other means whatsoever,without Landlord's written acknowledgment nt that • such acceptance constitutes aancnder. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define.limit, • deaortbo,or oona tnao the contents of sewh paragraphs. • (A Appfcable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Now. • (g) Partial Inval dity.If any provision of this Lease is Invalid or unenforceable to any extent,than that provision and the remainder of this Lease shall continue in eft and be enforceable to the fullest extent permitted by law. (h) Agent Equity.Bryan Hartmann has equity in Bloomfield Planet with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • / J PLANNING DEPARTMENT REPORT r? FC F 1 lye' F tJ DATE: AUGUST 18,2008 DUE DATE: AUGUST 28, 2008 C 0 flUG 21 fi'; io: 30 CITY COUNCIL HRG SEPTEMBER 9, 2008 LOCATION: 8919 GRANT STREET ` LEGAL DESCRIPTION: ADDITION OF A SIDEWALK CAFE APPROX 23' X 20' TO THE NORTH APPLICANT: STUWIN, INC., DBA "GRANT STREET 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() PERTAIN TO AN OUTSIDE AREA IF OUTSIDE: OUTSIDE AREA IS FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS ( If not,do not proceed-Notify the City Clerk's Office and return this form) (Except Class D-1 Package Liquor License) ******************************************************************************************************** ANNEXATION DATE: ORDINANCE NO. 'WTI within last 24 onthsl) EXISTI G ZONING: EXITING LAND USE: �2-c cal I 2 o�. ADJA ENT LAND USE AND Z I • /,� N _..Q M()n 1"r iivmp+2 C) ICU D,_,-,z, C 1_e_-- ti S UT VY%m Of‘► e_i)vinr'Vk 12.CI Ar( �1.) lr-n'LT t� e C_ EC., ( VV1 I (VI m 65 1 IS— ( (S•7L.l Gl 1, oivi MUA I Al elid °e 141- S j G'�• e"c _ — ' Y_ PARKING STALLS OVIDED: J'iT1N/2-l5 O uti, 514 2-.. EXISTING USE DOES()y DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S b I`-)2- �6 I MEN'S 0t i L— STh,S \ DATE SUBJECT PROPERTY WAS POSTED: X' t Cl — Z 06'8 (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: d DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: C'�J (State Law) DISTANCE gF PROPO SED LICENSE TO ANY C RCH D z'�- SCHOOL �FIOSPITAL OME FOR THE AGED,INDIGENT OR VETERANS L)'L—COTLLEGE OR UNIVERSITY V;.t (Authorized Signature) (Date) teleot__ieiostioms system in any area of the Building or Real Estate other than the Premises,without the prior written ao eat of the Landlord.Tie Landlord's consent con be withheld in the Landlord's sole and absolute discretion.Upon the termination or expbaticm of the lease,unless the Landlord ben provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's teleoommmnmstions systems,and repair any damage caused by the removal(to the Landlord's reasonable ). 26(e)HVAC Preventative Mabroaman=Tenant agrees to allow Landlord to complete monthly preventative maintemnoo oa the HVAC system in and about the premises,at the sole cost and expense of Tenant Should repair*be needed on the HVAC unit, landlord will notify Tenant of such repairs end Tenant can elect to use It's own contractor or a contractor selected by landlord. Landlord warrants that the HVAC system was delivered to Tenant in satisfactory coadfficrn.Tenant acknowledges that monthly saMoa of the HVAC milt is essential to provide'outcome efficient service to the Premises. 26(d)Signages Prior to Installing any sign on the exterior of the Premises,Tenant must submit to the Landlord fbr the Landlord's review and written approval(which will not be unreasonable withheld)a rendering from a licemad sign contractor which clearly indicates the size,color,type,location and manner of installation of said signage,as Sather defined in Exhibit'B'. 26(e)Tenant Requirement concerning mold:Tenant agrees to main the Premises ins meaner that prevents the occurrence of en infestation of mold,mildew,microbial growths and any aseoeiated myootoxins in the Premises.Tenant nut property maintain the promises to reduce the l elihood of may mold growth or proHRrsyo i.The tenant must keep the Premises clean end Immediately fix and abate any leeks or moisture which haters mold growth,caused by any equipment,plumbing fixtures or other buns under its control 26(i)The Tenant must report within tbrty clght(48)hours the following to the Landlord: Cr) AaYr ►s'oerdatlo.hmtr,Mroaedhionerer mottled=Irma% a) "'raft lak,,dr>ma,matins pipes we,spots; (k) Orators non bathroom tdrohen.e r other teotfdes,batridlog bat not Undoed to tabs,shows:'.ahoy amtowmm.Mama.shim.Idabel appinomorother not ofrasa,apeo6gyfonosedwhorlsthecretowmayImoperm:tutrat&.Mots.eedm®arazimut () o Any ld o•oh spats et mime on mama Inside are Pwardomt (n) Dr m Plateffis systems re metfogs war oar stmacueK (o) M7dummy diem.health conditions or Implementer/al Mtn*growth st thermeirac roil (p) Any difeovey of auersia,Predispaddrai to or heightened risk of adverse halm ma rceed or bypawwntuity.to mad ow*et the t eeenbac (q) Any oddaoomfaome with mordgrowth. Any additional provisions of this Lease shall be in writing and attached es an addendum hereto. Until ibis Lease is executed on behalf of all patties hereto,it shall be construed as an cadle'to lease by Tenant to Landlord. LPi WrTNESS WHERBOP,the patties hereto have executed this Lease the day trod year that above written. tion,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. • (d) No Surrender. No amender of the Premisn by Tenant shell be afibcted by Landlord's seeeptence of the keys to the Premises or of the runt due hammier,or by any other means whatsoever,without Landlord's written acknowledgment nt that • such acceptance constitutes aancnder. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define.limit, • deaortbo,or oona tnao the contents of sewh paragraphs. • (A Appfcable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Now. • (g) Partial Inval dity.If any provision of this Lease is Invalid or unenforceable to any extent,than that provision and the remainder of this Lease shall continue in eft and be enforceable to the fullest extent permitted by law. (h) Agent Equity.Bryan Hartmann has equity in Bloomfield Planet with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • • " 7 • Exhfbft 4A' (/� Site plan lki •N .4 '1 A, ( i iffl r.,..., i RECE.NED AUG 13 20Q8 NE EIFIASKA LIQUOR _. ...... . -CONTROL COMMISSION ,. "IV:uu iniuiP', . , 0 4 : 1 :11, . . . ... JI V "'r U v U . AST* LICENSED PREMISES 1 STY BLDG APPROX 40'X 55' OFFICERS: PRES/TREAS/MGR- MICHAEL LITWIN, 7572 CHARLES ST, 68114 (H) 392-0582©657-0244 * VP/SEC - MERNA SAMPSON S' _ § OA' / § �' m .. . G \ .1 PREMISES 1 STY L SHAPED BLDG APPROX . 39' X 59' * ***(8-22-07-OLD-64' X 59' ) * (3-19-07 -OLD 48' X 60') OFFICERS: OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 • OMAHA, �F City ofOmaha fArebras&a .�� `1I _ 1819 Farnam—Suite LC 1 z® � t Omaha, Nebraska 68183-0112 0 a,� ;.•_. Buster Brown (402) 444-5550 City Clerk FAX (402) 444-5263 o '7.ED FEBR°►�� August 26, 2008 Stuwin, Inc. Application for an addition to your present Class "C" dba "Grant Street Bar & Grill" Liquor License location of a sidewalk café approx. 8919 Grant Street 23' x 20' to the north Omaha,NE 68144 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 Farriam 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 SED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: d DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: C'�J (State Law) DISTANCE gF PROPO SED LICENSE TO ANY C RCH D z'�- SCHOOL �FIOSPITAL OME FOR THE AGED,INDIGENT OR VETERANS L)'L—COTLLEGE OR UNIVERSITY V;.t (Authorized Signature) (Date) teleot__ieiostioms system in any area of the Building or Real Estate other than the Premises,without the prior written ao eat of the Landlord.Tie Landlord's consent con be withheld in the Landlord's sole and absolute discretion.Upon the termination or expbaticm of the lease,unless the Landlord ben provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's teleoommmnmstions systems,and repair any damage caused by the removal(to the Landlord's reasonable ). 26(e)HVAC Preventative Mabroaman=Tenant agrees to allow Landlord to complete monthly preventative maintemnoo oa the HVAC system in and about the premises,at the sole cost and expense of Tenant Should repair*be needed on the HVAC unit, landlord will notify Tenant of such repairs end Tenant can elect to use It's own contractor or a contractor selected by landlord. Landlord warrants that the HVAC system was delivered to Tenant in satisfactory coadfficrn.Tenant acknowledges that monthly saMoa of the HVAC milt is essential to provide'outcome efficient service to the Premises. 26(d)Signages Prior to Installing any sign on the exterior of the Premises,Tenant must submit to the Landlord fbr the Landlord's review and written approval(which will not be unreasonable withheld)a rendering from a licemad sign contractor which clearly indicates the size,color,type,location and manner of installation of said signage,as Sather defined in Exhibit'B'. 26(e)Tenant Requirement concerning mold:Tenant agrees to main the Premises ins meaner that prevents the occurrence of en infestation of mold,mildew,microbial growths and any aseoeiated myootoxins in the Premises.Tenant nut property maintain the promises to reduce the l elihood of may mold growth or proHRrsyo i.The tenant must keep the Premises clean end Immediately fix and abate any leeks or moisture which haters mold growth,caused by any equipment,plumbing fixtures or other buns under its control 26(i)The Tenant must report within tbrty clght(48)hours the following to the Landlord: Cr) AaYr ►s'oerdatlo.hmtr,Mroaedhionerer mottled=Irma% a) "'raft lak,,dr>ma,matins pipes we,spots; (k) Orators non bathroom tdrohen.e r other teotfdes,batridlog bat not Undoed to tabs,shows:'.ahoy amtowmm.Mama.shim.Idabel appinomorother not ofrasa,apeo6gyfonosedwhorlsthecretowmayImoperm:tutrat&.Mots.eedm®arazimut () o Any ld o•oh spats et mime on mama Inside are Pwardomt (n) Dr m Plateffis systems re metfogs war oar stmacueK (o) M7dummy diem.health conditions or Implementer/al Mtn*growth st thermeirac roil (p) Any difeovey of auersia,Predispaddrai to or heightened risk of adverse halm ma rceed or bypawwntuity.to mad ow*et the t eeenbac (q) Any oddaoomfaome with mordgrowth. Any additional provisions of this Lease shall be in writing and attached es an addendum hereto. Until ibis Lease is executed on behalf of all patties hereto,it shall be construed as an cadle'to lease by Tenant to Landlord. LPi WrTNESS WHERBOP,the patties hereto have executed this Lease the day trod year that above written. tion,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. • (d) No Surrender. No amender of the Premisn by Tenant shell be afibcted by Landlord's seeeptence of the keys to the Premises or of the runt due hammier,or by any other means whatsoever,without Landlord's written acknowledgment nt that • such acceptance constitutes aancnder. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define.limit, • deaortbo,or oona tnao the contents of sewh paragraphs. • (A Appfcable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Now. • (g) Partial Inval dity.If any provision of this Lease is Invalid or unenforceable to any extent,than that provision and the remainder of this Lease shall continue in eft and be enforceable to the fullest extent permitted by law. (h) Agent Equity.Bryan Hartmann has equity in Bloomfield Planet with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • 3 ! A)ce# LeS 1c'1; Jck Fred-9- OK NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that STUWIN, INC. DBA "GRANT STREET BAR & GRILL" has applied for an ADDITION TO THEIR PRESENT CLASS "C" [On & Off Sale beer, wine and liquor] LIQUOR LICENSE LOCATION TO ADD A SIDEWALK CAFÉ APPROX. 23' X 20' TO THE NORTH located at 8919 GRANT STREET 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. sion. 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 SED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: d DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: C'�J (State Law) DISTANCE gF PROPO SED LICENSE TO ANY C RCH D z'�- SCHOOL �FIOSPITAL OME FOR THE AGED,INDIGENT OR VETERANS L)'L—COTLLEGE OR UNIVERSITY V;.t (Authorized Signature) (Date) teleot__ieiostioms system in any area of the Building or Real Estate other than the Premises,without the prior written ao eat of the Landlord.Tie Landlord's consent con be withheld in the Landlord's sole and absolute discretion.Upon the termination or expbaticm of the lease,unless the Landlord ben provided written consent to the contrary,the Tenant shall immediately remove all of the Tenant's teleoommmnmstions systems,and repair any damage caused by the removal(to the Landlord's reasonable ). 26(e)HVAC Preventative Mabroaman=Tenant agrees to allow Landlord to complete monthly preventative maintemnoo oa the HVAC system in and about the premises,at the sole cost and expense of Tenant Should repair*be needed on the HVAC unit, landlord will notify Tenant of such repairs end Tenant can elect to use It's own contractor or a contractor selected by landlord. Landlord warrants that the HVAC system was delivered to Tenant in satisfactory coadfficrn.Tenant acknowledges that monthly saMoa of the HVAC milt is essential to provide'outcome efficient service to the Premises. 26(d)Signages Prior to Installing any sign on the exterior of the Premises,Tenant must submit to the Landlord fbr the Landlord's review and written approval(which will not be unreasonable withheld)a rendering from a licemad sign contractor which clearly indicates the size,color,type,location and manner of installation of said signage,as Sather defined in Exhibit'B'. 26(e)Tenant Requirement concerning mold:Tenant agrees to main the Premises ins meaner that prevents the occurrence of en infestation of mold,mildew,microbial growths and any aseoeiated myootoxins in the Premises.Tenant nut property maintain the promises to reduce the l elihood of may mold growth or proHRrsyo i.The tenant must keep the Premises clean end Immediately fix and abate any leeks or moisture which haters mold growth,caused by any equipment,plumbing fixtures or other buns under its control 26(i)The Tenant must report within tbrty clght(48)hours the following to the Landlord: Cr) AaYr ►s'oerdatlo.hmtr,Mroaedhionerer mottled=Irma% a) "'raft lak,,dr>ma,matins pipes we,spots; (k) Orators non bathroom tdrohen.e r other teotfdes,batridlog bat not Undoed to tabs,shows:'.ahoy amtowmm.Mama.shim.Idabel appinomorother not ofrasa,apeo6gyfonosedwhorlsthecretowmayImoperm:tutrat&.Mots.eedm®arazimut () o Any ld o•oh spats et mime on mama Inside are Pwardomt (n) Dr m Plateffis systems re metfogs war oar stmacueK (o) M7dummy diem.health conditions or Implementer/al Mtn*growth st thermeirac roil (p) Any difeovey of auersia,Predispaddrai to or heightened risk of adverse halm ma rceed or bypawwntuity.to mad ow*et the t eeenbac (q) Any oddaoomfaome with mordgrowth. Any additional provisions of this Lease shall be in writing and attached es an addendum hereto. Until ibis Lease is executed on behalf of all patties hereto,it shall be construed as an cadle'to lease by Tenant to Landlord. LPi WrTNESS WHERBOP,the patties hereto have executed this Lease the day trod year that above written. tion,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. • (d) No Surrender. No amender of the Premisn by Tenant shell be afibcted by Landlord's seeeptence of the keys to the Premises or of the runt due hammier,or by any other means whatsoever,without Landlord's written acknowledgment nt that • such acceptance constitutes aancnder. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define.limit, • deaortbo,or oona tnao the contents of sewh paragraphs. • (A Appfcable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Now. • (g) Partial Inval dity.If any provision of this Lease is Invalid or unenforceable to any extent,than that provision and the remainder of this Lease shall continue in eft and be enforceable to the fullest extent permitted by law. (h) Agent Equity.Bryan Hartmann has equity in Bloomfield Planet with any other term or condition of this Lease,or any of the mks and regulations by Landlord,and!huh ibruumoe atoll continue for a petted of tom(10)days after notice thereof • by Landlord to Tenant,these being ofthe easenee. • available La ndlord,� at or FA T In the event clang delimit or breach hereunder in addition to any other right or remedy eguity;Landlord may exert any one or more of the Mowing sighm; ' (a) Landlord may rem 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 trrmomte this Lease by giving written entice of termination to Tenant Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover Sum Tenant all damages proximately resulting from the breach,including the coat of recovering the Premises and the dish=between the tent due for the balance of the Lase term as though the Lease had not been terminated and the Air msdmt rental value of the •1. • • Afil` , ! ; • .2 • / w r m « c4 / k �� n A J & K• Cl. E g \ � \ k n . R § # §• h� § \ m . \ & & \` 2 7 n k # : 5 m m ? 7 - E 1IH 00 Po c4 % k + q7 / 7 % 7 ‘ y % 7 p [ 7 $ n m` ? tO 0 2 8' ? N ' . 7 = . - C , 1...) \ § .- t ' f ‘\ X J D BLDG APPROX . 39' X 59' * ***(8-22-07-OLD-64' X 59' ) * (3-19-07 -OLD 48' X 60') OFFICERS: OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 ,11 SEPTEMBER 8, 2008 STUWIN, INC DBA GRANT STREET BAR& GRILL 8919 GRANT STREET PLEASE AMEND MY APPLICATION FOR AN ADDITION OF A SIDEWALK CAFE TO CORRECT THE DEMISIONS FROM 23' X 20' TO 7' X 25' TO THE EAST. THANKS FOR YOUR CONSIDERATION /(11-///16)/ MICHAEL LITWIN 00 • • ); 1 s 7 % 7 ‘ y % 7 p [ 7 $ n m` ? tO 0 2 8' ? N ' . 7 = . - C , 1...) \ § .- t ' f ‘\ X J D BLDG APPROX . 39' X 59' * ***(8-22-07-OLD-64' X 59' ) * (3-19-07 -OLD 48' X 60') OFFICERS: OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 % \ . 1 n ® D k 2 ( § .k \ / Fa o \ 60 \ ƒ § 0 , 0 ® • 6 W ? ^ P & g ® § J pa 8 ? ? % %' \ ƒ ? � �• � �\ � � n ® G & ). \ _ Li, & 2 o n Q• ƒ ? O ] /2 \ y a 4 • %' ¢ ƒ . 8 21TiI4 2 CD . CDS 2. % + 3 Q, \ § . \ f ‘\ X J D BLDG APPROX . 39' X 59' * ***(8-22-07-OLD-64' X 59' ) * (3-19-07 -OLD 48' X 60') OFFICERS: OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 # t D INTER-OFFICE COMMUNICATION August 21, 2008 08 AUG 21 flt1 6 : 30 To: Buster Brown, City Clerk CITY C L 4-rA From: Jay G. Davis, Chief Building Inspector, Permits and Inspection Division Subject: Liquor posting for 8919 Grant Street We have posted the property at 8919 Grant Street as required. The proposed area will reduce parking on the site. This is to inform you that they have to submit to the City of Omaha Planning Department, a site plan drawn to scale for review. The plan must include all improvements, structures and parking areas. They must also include the proposed location of the outdoor area and the type of fence they intend to construct. A building permit will be required for the fence. This will be a separate application from the site plan review. The fee for the site plan review is $85.00 I am also requesting a layover until the above items are complied with. If you have any further questions, please feel free to contact me at 444-5364. 4 0 § )' 9 ƒ 0 0 & \ \ \ r) �' § \ 0 § • § ® 3 = N4\ 7 n n m P O - ~ 2. q m ƒ / § \ . � r 6 d Cn _ § § / 2 Z ƒ . o / ' ?2 ° 9 § \ 7'R 7 % » ~ k ° § Q C n g . � % _ - 1 0 § 7 § r) ¢ / \ 7 cr D \ n - U S _' 0 . c \ g , 3' \ 7 § 7 9 7 / - • v ° \ p k/ CD N