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RES 2008-1220 - Addition of sidewalk café at Delta House Food & Spirits STATE OF NEBRASKA s • Dave Heineman Rr I ` F. 'V L 1) NEBRASKA LIQUOR CONTROL COMMISSION Governor Hobert B. Rupe Executive Director • 301 Centennial Mall South, 5th Floor j: } F P.O. Box 95046 � � -� Lincoln. Nebraska 68509-5046 Phone(402) 471-2571 CITI C1 Er1 Fax(402) 471-2814 AA �, ► - < ► TRS USER 800 833-7352 (TTY) r M HNC fLL i August 4, 2008 OMAHA CITY CLERK 1819 FARNAM STREET OMAHA NE 68183 RE: GBNS INC. dba DELTA HOUSE FOOD &SPIRITS.r49527 The above referenced licensee has submitted a request for an addition of a SIDEWALK CAFE to the license. Enclosed is the application with proposed changes. Please present this request to your board and send us the results of that action. Sincerely, NEBRASKA LIQUOR CONTROL CO MISSION en4 eybert Licensing Division rs • cc: file Rhonda R.Flower Bob Logsdon Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer FORM 35-4001 REV.12/99 44-5557, 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. • • LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #I-49527 GBNS, INC. 3121 NORTH 108TH STREET 68164 934-4042 DBA DELTA HOUSE NLCC ORDERS 5-31-01- 12 DAYS SUSP RE: SELLING TO MINOR 3-2-01 *6-19-01-PYMNT OF FINE * OTHER ACTIVITIES 10-10-00 -GRANT RES#2761 * 1-9-01 -OMAHA 1ST KENO ADOPT RES#48 *2-16-01 - KENO OPENED * 9-26-01 -TRANSFER TO BR KENO *5-20-03 -REQ ADDITION OF A IRREG SHAPED OUTDOOR AREA APPROX 24'X 32' ON THE EAST CCID#650 MOTION TO LAY OVER 5 WKS TO 6-24-03 & CONT PUB HRG *6-24-03 -CCID#650 -SUSPEND CC LIQUOR RULES -APPROVE - REINSTATE CC LIQUOR RULES *8-26-08-REQ ADD SIDEWALK CAFE APPROX 22' X 24' TO THE EAST* LICENSED PREMISES BAY#5, MAPLE 108 SHOPPING CENTER, AREA APPROX 50'X 55' OFFICERS: PRES/MGR-WILLIAM MARTIN,15860 CURTIS AVE. 68116 (H)493-1794 (fax)431-9220©213- 5565 OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 Print Form APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use RECEIVED . • NEBRASKA LIQUOR CONTROL COMMISSION PO BOX 95046301 IAL MALL SOUTH /^ JULeg () zoo LINCOLN,NE 68509-5046 •i L O U PHONE (402)471-257I R ( LI(J11C3{� FAX:(402)471-28I4 (C)IJTRoL COMMISSION Website: www.lcc.ne.¢ov • • Application: • Must include processing fee of$45.00 made payable to Nebraska Liquor Control Commission • • Must include a copy of the lease or deed showing ownership of area to be added • o This is still required even if it's the same as on file with our office • Must include simple sketch showing existing licensed area and area to be added,must include' .. outside dimensions in feet'(not square feet),direction north. No blue prints. • May include a letter of explanation LIQUOR LICENSE# / 7 • `S LICENSEE NAME G� #6 Al T. T / ` TRADE NAME �✓ l iY T 4/ OD PREMISE ADDRESS . .��0Z/ /v /6 µ CITY � G /V (; l w , " CONTACT PERSON �_. � 14-7" .,_F PHONE NUMBER OF CONTACT PERSON `I" • °�`�-r'r r- A_71`74`rio 5 " • Complete the following questions: • 1) Are you adding on to your building? tEl Yes E. . N . •: Include a sketch of the area to be added showing: . o existing building o outside dimensions(in feet) o direction.north 2) Are you adding an outdoor area? Ifit. Yes [C 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 uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits...) EA,73 66??Ll. 1 111111 I II 0800013885 r 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. • • 012.08"Sidewalk cafe"shall mean an outdoor area included in licensed premises,which is used by a restaurant or hotel with a restaurant license,for the service of meals as well as alcoholic liquors,and which is contained by a permanent ' • 100....valLmilialupararshai&defining the licensed area,provided that one open entrance not to exceed eight(8)feet shall be allowed. 4 7446/ What type of permanent fencing Will you be usin _ re-it REC • Include a.sketch of the area to be added showing: EIVED o existing building 2006 o outside dimensions(in feet) JUL 3 0 • o direction north NEB RASKA LIQUOR uokir ROL COMMISSION Vit Print Name of Signature • • Signature of Licensee or Officer State of Neb • County of lL7 /4„)- The fo , • ov ent wricknowleflge before me this orr ,?00 / Date Notary c Signature AM:Ses/Here • GENERAL NOTARY•State of Nebraska CARLENE J.CANNON My Comm.Exp.Jam 17,2011 • • 2 - - . - - - - - - �`�-r'r r- A_71`74`rio 5 " • Complete the following questions: • 1) Are you adding on to your building? tEl Yes E. . N . •: Include a sketch of the area to be added showing: . o existing building o outside dimensions(in feet) o direction.north 2) Are you adding an outdoor area? Ifit. Yes [C 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 uncontrolled entrance or exit of persons from the premises,and preventing the passing of alcoholic liquors to persons outside the premises. (examples may include,but are not restricted to sand volleyball,horseshoe pits...) EA,73 66??Ll. 1 111111 I II 0800013885 r 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. • • el____—/-4- ' /I I f / 4? I I � rr- i�e-e--y zr I � z * q/4Are- z " f-.) 5 'DM Da 1,k_ a, a). Dej ,4 ,S-i, ,.7 , 1J. (&, J lit) S /\J G6r/‘q (ix(drfi/if Gt c etit_aGC' NG 4f.- Gt 4' ' 4 f,r2 7 OP.Vo0 I I1 1/ f\ 51, PUB HRG *6-24-03 -CCID#650 -SUSPEND CC LIQUOR RULES -APPROVE - REINSTATE CC LIQUOR RULES *8-26-08-REQ ADD SIDEWALK CAFE APPROX 22' X 24' TO THE EAST* LICENSED PREMISES BAY#5, MAPLE 108 SHOPPING CENTER, AREA APPROX 50'X 55' OFFICERS: PRES/MGR-WILLIAM MARTIN,15860 CURTIS AVE. 68116 (H)493-1794 (fax)431-9220©213- 5565 OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 < Y �> 5 DIVED JUL 3 0 2008 • LEASE NEC NTBRASKA U UOR .?e, r.144. p ROl-COMMI ON :• �ii. THIS LEASE AGREEMENT("Lease")is entered into on this a day ,: crm by and between_ Maple 108 Associates Limited Partnership, a Nebraska Limited Partnership ("Landlord"), whose address is Suite 100, First National Business Park, 13710 FNB Parkway, Omaha,Nebraska 68154-5200,telephone(402)496-1616,and GBNS, Inc., a Nebraska Corporation (Tenant.', wnose addn:ss for the purpose of this Lease is 2723 N. 120th Avenue. Omaha. NE 611164 • The parties agree as follows: 1. PREMISES AND TERM. Landlord leases to Tenant on the following terms and conditions the real estate consisting of Bay# C6 , 3121 N. 108th Street (address) Omaha, Nebraska 68164 which contains approximately 2,800 square feet in Maple 108 (name of shopping center) (the "Shopping Center") as indicated on Exhibit "A" attached, situated in Omaha, Douglas,. Nebraska together with all improvements (city,county,state) thereon,and all rights,easements,and appurtenances pertaining thereto(the"Premises"),for a term beginning on the earlier of the day Tenant opens for business or the 1st day of November 2000 ,and ending on the 31st day of January , 2006 ,unless terminated earlier as provided in this Lease. 2. TENANT'S TRADE NAME. Tenant shall operate its business in the Premises under the following trade name: The Delta House 3. SECURITY DEPOSIT. Landlord acknowledges receipt of$ 0.00 as a security deposit for this Lease. The security deposit shall be held by Landlord,without interest as security for the faithful performance by Tenant of the terms of this Lease. Landlord may apply the security deposit to delinquent or unpaid rent,payments required to be made by Tenant,or damages sustained by Landlord as a result of Tenant's failure to perform any term of this Lease. If Tenant complies with the terms of this Lease and returns the Premises to Landlord in accordance with Paragraph 13,the security deposit shall be returned to Tenant. 4. RENT. Tenant agrees to pay Landlord as the basic monthly rent for the Premises(the "Base Rent") the amount(s) provided below, in advance, commencing on the first day of February , 2001 ,and on the first day of each month thereafter during the term of this Lease. If for any reason the Premises are delivered to Tenant on any date before the term commencement date,rental for the period between the date of possession and the term commencement date shall be computed on a pro rata basis and shall be due upon Tenant's receipt of a billing therefor from Landlord. Such earlier taking of possession shall not change the termination date of this Lease,and Tenant shall be bound by all of the terms of this Lease from and after such earlier possession dale. This Lease shall not be void or voidable in the event of a late delivery of the Premises by Landlord, nor shall Landlord be liable to Tenant for any loss or damage resulting from such late delivery. Al� ERE DATE Akiral t 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. • • , t DIVED JUL 3 0 2006 .1•�i40 • '• M .� Y� 3 4n �v i /�qq lehltar ttligl rb o. `Iti, fi Ws': ,041 �atot `awn y °i4 option, to cancel this Lease and of I of the'terms, cove , u nns.and agreements.herein contained shall become null and void er force and effect as of the date on which Tenant would have e to relocate,as set forth in Landlord's written notice. In the event of re , enant agrees to execute any Lease addendums incorporating the new location into OCCUPANCY. Tenantagrees continuouslythroughout the term 30. CONTINUOUS of this Lease to occupy the Premises and to conduct its business therefrom.during all normal business hours of the Shopping Center as set by Landlord from time to time,"except when the hand Premises are untenantable by reason of the occurrence of any damage thereto or the destruction winnsider- g the thereof,and Tenant's failure to comply with the preceding provisions of this sentence shall constitute dt ted a default under this Lease. In the event that Tenant does not so occupy the Premises and conduct of the its business therefrom, then Tenant shall pay monthly as additional rent(over and above and in praTa9asr addition to the Minimum Rent and any other sums required to be paid by Tenant)during any such period of non-occupancy or non-conduct of its business a sum equal to the greater of(a)50%of the Minimum Rent payable during such period or(b)200%of the amount of Percentage Rent paid or required by the terms of this Lease to have been paid for the same period during the immediately preceding lease year. 31. ODORS. Tenant expressly agrees to prevent the permeation or spread of odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such odors should permeate or spread,Tenant agrees,at its own expense,to timely make all necessary repairs or take other remedial action to insure the containment of such odors and to indemnify and hold Landlord harmless from all damages,liabilities,costs and expenses incurred by Landlord,including without limitation reasonable attorneys'fees which in any way result from the permeation or spread of odors from the Premises. 32. EXHIBITS. The following exhibits are attached hereto and by this reference become a part of this Lease: Exhibit"A"-Site Plan:Exhibit"B"-Landlord's Work:Exhibit"C"-Sign Criteria Exhibit "D" - Additional Provisions Exhibit "E" - Promissory Note Exhibit "F" - Roof Grease Guard LANDLORD: TENANT: MAPLE 108 ASSOCIATES, LIMITED PARTNERSHIP GBNS, INC., a Nebraska Corporation, a Nloricta L1m:tect Partnership BY: N & K In tment Co., General Partner g-4-7t- 'id William Gen Martin BY: BY: �G✓�bo�+�e� m :R•3:ia e;•1��.�,i.i?:]•1..`:1!0o Barbara Ma Harlan J. Noddle, Partner -9- INII11l NEAE DATE 19_,7 125 DATE Akiral t 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. 4 / /, / - 77 - ��:%/ ie- fe' ��� 4 /y e7 � � //ce / c l / � � �� � �.� O' r e‘lJ ate/ / D >ie ln1/01 eern. -74/c.5- 6(7: Aft-- 7L'e<,fir:c.., .0e-e,A,, 74) 4720 ortt /4. ,05 t:5 -14Q ;4;44- ' i -A b ai e'J e4: r? ,f�evokee..4S 74 c_ a� ef>2 /44.. , _)cJ / t (spy Continue on reverse side 6'J _c � ` .C_ l � v .��'� /`r�J'� Corporation and/or Trade Na e (Please Print) Signature & Title of Applicant or Authorized Representative uring the immediately preceding lease year. 31. ODORS. Tenant expressly agrees to prevent the permeation or spread of odors from the Premises which interfere or are likely to interfere with the business of the other tenants in the Shopping Center. Tenant shall install a ventilation system in the Premises which is sufficient to insure that odors do not permeate through the walls or ceiling of the Premises into adjacent bays of the Shopping Center. In the event such odors should permeate or spread,Tenant agrees,at its own expense,to timely make all necessary repairs or take other remedial action to insure the containment of such odors and to indemnify and hold Landlord harmless from all damages,liabilities,costs and expenses incurred by Landlord,including without limitation reasonable attorneys'fees which in any way result from the permeation or spread of odors from the Premises. 32. EXHIBITS. The following exhibits are attached hereto and by this reference become a part of this Lease: Exhibit"A"-Site Plan:Exhibit"B"-Landlord's Work:Exhibit"C"-Sign Criteria Exhibit "D" - Additional Provisions Exhibit "E" - Promissory Note Exhibit "F" - Roof Grease Guard LANDLORD: TENANT: MAPLE 108 ASSOCIATES, LIMITED PARTNERSHIP GBNS, INC., a Nebraska Corporation, a Nloricta L1m:tect Partnership BY: N & K In tment Co., General Partner g-4-7t- 'id William Gen Martin BY: BY: �G✓�bo�+�e� m :R•3:ia e;•1��.�,i.i?:]•1..`:1!0o Barbara Ma Harlan J. Noddle, Partner -9- INII11l NEAE DATE 19_,7 125 DATE Akiral t 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. • • 1? 13 b 1Tk i To — V. - 1 lam( o a)st&)c.ss PLANNING DEPARTMENT REPORT R 1 l,• b I V F I DATE: AUGUST 6, 2008 DUE DATE: AUGUST 14,2008 U8 UG 13 ! 11: 38 CITY COUNCIL HRG AUGUST 26,2008 C;7y CL . , LOCATION: 3121 NORTH 108TH STREET . . `- LEGAL DESCRIPTION: ADDITION OF A SIDEWALK CAFÉ APPROX 22' X 24 TO THE EAST APPLICANT: GBNS, INC.,DBA "DELTA HOUSE FOOD & SPIRITS" REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "I" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: BAR/RESTAURANT THIS REQUEST DOES O L DOES NOT(X) 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. .(Onl.pf within las months) EXIS ZONING: 11 NG EXITI LAND USE: l) K T env` t -.), 15----)AD CENT LAND USE AN NING:NO H(r)IM m(tL\ ) OA rtAg�G r 1 l-� �_ mu c ovrVAcr2C°14 (5 1cT co______tA11/V )n (0 A-( SI-1 t.4.i i--- WEB V�J ebwtm`Yll-414-( t 2i cr CC-- PARKING STALL PROVIDED: S i — EXISTING USE DOES DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURE PROVIDED: WOMEN'S Loch Ll MEN'S 1,-.-� Vim) DATE SUBJECT PROPERTY WAS POSTED: )' 1 3 - 002, (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,O j CITY� b PARK: '' -lva-c` BLS DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: ./ i 4'4. 5 (State Law) DISTANCE OFF PROPOOS�ED LICENSE TO ANY CHURCH b SCHOOL d'_. ' OSPITAL D/ ME FOR THE AGED,INDIGENT 1 20. OR VETERANS (7 .._COLLEGE OR UNIVERSITY i V'`'� -13 .c5B (Authorized Signature) (Date) d to indemnify and hold Landlord harmless from all damages,liabilities,costs and expenses incurred by Landlord,including without limitation reasonable attorneys'fees which in any way result from the permeation or spread of odors from the Premises. 32. EXHIBITS. The following exhibits are attached hereto and by this reference become a part of this Lease: Exhibit"A"-Site Plan:Exhibit"B"-Landlord's Work:Exhibit"C"-Sign Criteria Exhibit "D" - Additional Provisions Exhibit "E" - Promissory Note Exhibit "F" - Roof Grease Guard LANDLORD: TENANT: MAPLE 108 ASSOCIATES, LIMITED PARTNERSHIP GBNS, INC., a Nebraska Corporation, a Nloricta L1m:tect Partnership BY: N & K In tment Co., General Partner g-4-7t- 'id William Gen Martin BY: BY: �G✓�bo�+�e� m :R•3:ia e;•1��.�,i.i?:]•1..`:1!0o Barbara Ma Harlan J. Noddle, Partner -9- INII11l NEAE DATE 19_,7 125 DATE Akiral t 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. • • of2iC. 1 1 "re 100ic-1 Owlehe,e_ I - - _ _. _ _ _ _ 6' ' rfiiy/ a c!. / �Z I -4"it. y/6Are i i' ,i ii i- PobR . i E 61A).s, a--,06 - f..) 5 -Dail D. (14_, ao tid. -Di s. ,g.,;,‘ e/ 7 gel- R7'f^ �e'`L eGd- 44J.- ot,,-ri'/• /,-1(c tfi iL Gr c 'e'e'L Gt 4-• ee j fr27 off- I r K so ' RULES -APPROVE - REINSTATE CC LIQUOR RULES *8-26-08-REQ ADD SIDEWALK CAFE APPROX 22' X 24' TO THE EAST* LICENSED PREMISES BAY#5, MAPLE 108 SHOPPING CENTER, AREA APPROX 50'X 55' OFFICERS: PRES/MGR-WILLIAM MARTIN,15860 CURTIS AVE. 68116 (H)493-1794 (fax)431-9220©213- 5565 OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 �MAHA, NF City ofOmaha, fAreBras&a ,sallir41),M 1819 Farnam—Suite LC 1 26VT 10( t� n Omaha, Nebraska 68183-0112 0A• ,� ;.? :- Buster Brown (402) 444-5550 vr �' City Clerk FAX (402) 444-5263 o'�aTFo FEBRi� August 26, 2008 GBNS, Inc. Application for an addition to your present Class "I" dba "Delta House Food & Spirits" Liquor License location of sidewalk café's approx. 3121 North 108" Street 22' x 24' to the east Omaha,NE 68164. 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, ..e‘44:./eb5.3 Buster Brown City Clerk BJB:clj I ANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: ./ i 4'4. 5 (State Law) DISTANCE OFF PROPOOS�ED LICENSE TO ANY CHURCH b SCHOOL d'_. ' OSPITAL D/ ME FOR THE AGED,INDIGENT 1 20. OR VETERANS (7 .._COLLEGE OR UNIVERSITY i V'`'� -13 .c5B (Authorized Signature) (Date) d to indemnify and hold Landlord harmless from all damages,liabilities,costs and expenses incurred by Landlord,including without limitation reasonable attorneys'fees which in any way result from the permeation or spread of odors from the Premises. 32. EXHIBITS. The following exhibits are attached hereto and by this reference become a part of this Lease: Exhibit"A"-Site Plan:Exhibit"B"-Landlord's Work:Exhibit"C"-Sign Criteria Exhibit "D" - Additional Provisions Exhibit "E" - Promissory Note Exhibit "F" - Roof Grease Guard LANDLORD: TENANT: MAPLE 108 ASSOCIATES, LIMITED PARTNERSHIP GBNS, INC., a Nebraska Corporation, a Nloricta L1m:tect Partnership BY: N & K In tment Co., General Partner g-4-7t- 'id William Gen Martin BY: BY: �G✓�bo�+�e� m :R•3:ia e;•1��.�,i.i?:]•1..`:1!0o Barbara Ma Harlan J. Noddle, Partner -9- INII11l NEAE DATE 19_,7 125 DATE Akiral t 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. • • MdfiL.' ✓Ytc.i , { NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that GBNS, INC. 1 DBA "DELTA HOUSE FOOD & SPIRITS" 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. 22' X 24' TO THE EAST located at 3121 NORTH 108TH 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. ication 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, ..e‘44:./eb5.3 Buster Brown City Clerk BJB:clj I ANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: ./ i 4'4. 5 (State Law) DISTANCE OFF PROPOOS�ED LICENSE TO ANY CHURCH b SCHOOL d'_. ' OSPITAL D/ ME FOR THE AGED,INDIGENT 1 20. OR VETERANS (7 .._COLLEGE OR UNIVERSITY i V'`'� -13 .c5B (Authorized Signature) (Date) d to indemnify and hold Landlord harmless from all damages,liabilities,costs and expenses incurred by Landlord,including without limitation reasonable attorneys'fees which in any way result from the permeation or spread of odors from the Premises. 32. EXHIBITS. The following exhibits are attached hereto and by this reference become a part of this Lease: Exhibit"A"-Site Plan:Exhibit"B"-Landlord's Work:Exhibit"C"-Sign Criteria Exhibit "D" - Additional Provisions Exhibit "E" - Promissory Note Exhibit "F" - Roof Grease Guard LANDLORD: TENANT: MAPLE 108 ASSOCIATES, LIMITED PARTNERSHIP GBNS, INC., a Nebraska Corporation, a Nloricta L1m:tect Partnership BY: N & K In tment Co., General Partner g-4-7t- 'id William Gen Martin BY: BY: �G✓�bo�+�e� m :R•3:ia e;•1��.�,i.i?:]•1..`:1!0o Barbara Ma Harlan J. Noddle, Partner -9- INII11l NEAE DATE 19_,7 125 DATE Akiral t 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. • • c . ,� . CD z o Cal n , V) a T•..J O %. N. .4 1 d, 1-4-4.. . p ".1 . - pp , Naz) O x n • ��1 co O A) Sy co up Oti O oo c.n 00 N o Vn /• /,-1(c tfi iL Gr c 'e'e'L Gt 4-• ee j fr27 off- I r K so ' RULES -APPROVE - REINSTATE CC LIQUOR RULES *8-26-08-REQ ADD SIDEWALK CAFE APPROX 22' X 24' TO THE EAST* LICENSED PREMISES BAY#5, MAPLE 108 SHOPPING CENTER, AREA APPROX 50'X 55' OFFICERS: PRES/MGR-WILLIAM MARTIN,15860 CURTIS AVE. 68116 (H)493-1794 (fax)431-9220©213- 5565 OWNER-MARY KAY ENGDAHL, 3822 NORTH 85TH AVE, 68134 (H) 884-5119©680-9668 • V INTER-OFFICE COMMUNICATIONo 08 August1 ,r it 3 To: Buster Brown, City Clerk t, �f CIT Y C . r.i '/ From: Jay G. Davis, Chief Building Inspector, Permits and Inspection Division Subject: Liquor posting for 3121 N 108th Street We have posted the property at 3121 N 108th Street as required. The proposed area is already enclosed with a fence. No permit was obtained prior to the installation of the fence. A building permit is required for the fence. A plan must be submitted along with the permit application. The plan must be drawn to scale and include all improvements, structures and parking areas. 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. N. t k N • CD A o d §• ? - ƒ o 7 ) S k J 5- ƒ7 2 § /. s § \ q §' %' \' / 1 §co ' ' \ k 7 ƒ ]II4!Jt.{ oo § k 0 7./ / / ƒ _. m % ) » & \ / ' 2 2 n P . 0 \` n ., / 0 ] ® 0 \%",.... q 0" " ,a'-i'), ,-.---- cA.,q r r l u tAr- 1 Z, /' — n § _. k ƒ n p / @ • 7 _ j j 0 y _ _ / 7. ) o o _ M @ 7 Cr R 7 § • c" �