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RES 2008-0725 - Addition of sidewalk café to Twisted Cork Bistro J ' fi STA Fq9y,:'' .ass RECEIVED STATE OF NEBRASKA "'`e ? NEBRASKA LIQUOR CONTROL COMMISSION ;�� ,.� ; Dave Heineman �' �"`?'a Hobert B. Rupe �i •q , t r...- Governor + i'�V a''•-•.! ..-6 0$ MAY —8 AM 8: li 2 Executive Director 4 \'Rc"' Ff 301 Centennial Mall South,5th Floor C T Y CLERK P.O.Box 95046 Lincoln,Nebraska 68509-5046 May 6, 2008 OMAHA, NEBRASKA Phone(402)471-2571 Fax(402)471-2814 • TRS USER 800 833-7352 CITY) OMAHA CITY CLERK web address:http://www.lcc.ne.gov/ 1819 FARNAM STREET , SUITE FC-1 OMAHA NE 68183 TWISTED CORK BISTRO INC DBA TWISTED CORK BISTRO Liquor License # C-79819 Dear Clerk • The above licensee has requested a/an ADDITION: TO: 10730 PACIFIC Omaha NE 68114 DOUGLAS COUNTY Adding: SIDEWALK CAFÉ 208' x 144' Please present this request to your 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 AMAk Tami Applebee Licensing Division • to cc: file • Rhonda R.Flower. Bob Logsdon Pat Thomas Commissioner Chairman Commissoner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper at 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 - HOSPITAL 0 HOME FOR THE AGED,INDIGENT OR VETERANS DV COLLEGE OR UNIVERSITY (Authorized Signature) (Date) L :/.4_C,--1..._ i ''' • ..-'�� Continue on reverse side �} �1s�{''?�c'r�r S fit'tit. , ,J% 11 / ) / 0G'• L:S r ;/ r !r : Cor oration and/or Tra Name (Please Print)F _ - nature & Tit of Applicant or Authorscntative the fence as set forth in subsection (b) above. Following substantial completion of Landlord's Work and upon invoice from Landlord,Tenant shall Immediately reimburse Landlord for its%of the cost of the fence. Provided the Lease has not been earlier terminated and provided Tenant is not in default under the Lease either(a)at the time said option right is exercised or(b) at the time such option period is to commence, the Tenant is hereby granted the option to extend this Lease for one (1) additional Term of five (5) years on the same terms and conditions as contained for the original term, except that the Basic Rent shall be $45,220.08 annually paid $3,768.34 per month. In the event any such option Is exercised, the word 'Term shall mean and include the additional option temi(s). This option to extend may only be exercissed by Tenant giving Landlord written notice of exercise at least ninety (90) days prior to expiration of the preceding Term; falling which this option becomes void. In addition, Landlord may cancel this option if in the twelve (12) months preceding the beginning of any additional Term, Tenant has been liable for payment of the service fee Montclair Professional Center I1007 W.••ro,,.r Rnsd •fln,ah•.NC 6Pl44.17011 • 4117 all 7171 • FAX 403.3U.4291'•vww.seld'n.con, En a << atdSUoeoniW Isar¢0-6011002 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 79819 TWISTED CORK BISTRO, INC 10730 PACIFIC STREET, STE 110 68114 932-1300 DBA TWISTED CORK BISTRO MAIL: PRES HOME NLCC ORDERS OTHER ACTIVITIES 2-12-08 -RES#226 GRANT *6-3-08 -REQ ADD OF A SIDEWALK CAFE AREA APPROX. 208' X 144'TO THE EAST* LICENSED PREMISES MAIN FLOOR OF 2 STY BLDG APPROX 50'X 20' OFFICERS: PRES/MGR-DARRELL AULD *VP -LAURA AULD, 2081 STILLWATER DR, PAPILLION, NE 68046 (H) 203-5411 \' 0 ƒ w / . ° � 073 / • § \ § ƒ () _________....... ‹ ,in . -ti , . i I L-. L • Exhibit "A" Pt ifc< 4+d 5UO�N $P 80101100Z Lo • • Request For Addition,Deletion,Reconstruction&Change Of Location Page 1 of 2 RECEIVED PLEASE COMPLETE AND RETURN TO: qq NNE E LOX LIQUOR 9504CONTROL COMMISSION 6 MAY 05G00B LINCOLN,NE 68509-5046 NEBRASKA LIQUOR CONTROL COMMISSION REQUEST FOR ADDITION,DELETION,RECONSTRUCTION& CHANGE OF LOCATION FEE OF$45 REQUIRED • 'Twisted Cork Bistro,Inc LICENSEE'S NAME: (T .. . 1/ 4 TRADE NAME: Ate �408 PREMISE ADDRESS: !D __. O�rgO �/ CITY/COUNTY: r�G 17o c �a5 CaMMQ sOA M TELEPHONE: 14027932-1300 LICENSE NUMBER: C 1 a55 L 74i S i PLEASE CHOOSE ONE OF THE FOLLOWING ADDITION TO LICENSED PREMISE OR ' RECONSTRUCTION F) DELETION TO LICENSED PREMISE } RECONSTRUCTION CHANGE OF LOCATION(this application will not be accepted if the license is moving into another jurisdiction) ADDRESS 10730 Pacific St,Omaha,NE 68114 Omaha,Douglas Indicate FROM: local governing body jurisdiction: city or county ADDRESSsame_ _--------.____._.__— .----..__._.__..._. ,_.._.__...__....------_.__._...____... Indicate TO: local governing body jurisdiction: city or county• 0800009295 • INCLUDE A SKETCH OF THE PROPOSED AREA TO BE LICENSED(8 1/2 x 11 PAPER-BLUEPRINTS NOT ACCEPTED)INDICATE THE DIMENSIONS OF THE AREA TO BE LICENSED AND THE DIRECTION"NORTH"ON THE SKETCH • •UBMIT A COPY OF YOUR LEASE OR DEED DEMONSTRATING OWNERSHIP kb\ &ts 2639 .://www.lcc.ne.gov/online_forms/35-4179.html c P7 4/29/2008 City Clerk BJB:clj - HOSPITAL 0 HOME FOR THE AGED,INDIGENT OR VETERANS DV COLLEGE OR UNIVERSITY (Authorized Signature) (Date) L :/.4_C,--1..._ i ''' • ..-'�� Continue on reverse side �} �1s�{''?�c'r�r S fit'tit. , ,J% 11 / ) / 0G'• L:S r ;/ r !r : Cor oration and/or Tra Name (Please Print)F _ - nature & Tit of Applicant or Authorscntative the fence as set forth in subsection (b) above. Following substantial completion of Landlord's Work and upon invoice from Landlord,Tenant shall Immediately reimburse Landlord for its%of the cost of the fence. Provided the Lease has not been earlier terminated and provided Tenant is not in default under the Lease either(a)at the time said option right is exercised or(b) at the time such option period is to commence, the Tenant is hereby granted the option to extend this Lease for one (1) additional Term of five (5) years on the same terms and conditions as contained for the original term, except that the Basic Rent shall be $45,220.08 annually paid $3,768.34 per month. In the event any such option Is exercised, the word 'Term shall mean and include the additional option temi(s). This option to extend may only be exercissed by Tenant giving Landlord written notice of exercise at least ninety (90) days prior to expiration of the preceding Term; falling which this option becomes void. In addition, Landlord may cancel this option if in the twelve (12) months preceding the beginning of any additional Term, Tenant has been liable for payment of the service fee Montclair Professional Center I1007 W.••ro,,.r Rnsd •fln,ah•.NC 6Pl44.17011 • 4117 all 7171 • FAX 403.3U.4291'•vww.seld'n.con, En a << atdSUoeoniW Isar¢0-6011002 Request For Addition,Deletion,Reconstruction&Change Of Location Page 2 of 2 • IF YOU DO NOT KNOW WHAT JURISDICTION YOU ARE LOCATED IN,CALL V THE CITY OR COUNTY CLERK E® • IN ORDER TO CLARIFY YOUR CHANGES,AN ATTACHED EXPLANATION IS AY J� 200DOS18 ALWAYS WELCOME NEBRASIC5 LIQUOR CONTROL COMMISSION AFFIDAVIT THE ABOVE REFERENCE REQUEST,AS FILED,WILL COMPLY WITH THE RULES AND REGULATIONS OF THE NEBRASKA LIQUOR CONTROL ACT. • • SIG O LICENSEE SUBSCRIBED IN MY PRESENCE AND FIRST DULY SWORN TO BEFORE ME ON THIS S ~ DAY OF , e? . kik NOTA S SIGNA�SEAL GENERAL NOTARY.Slate of FORM ,f011;.Fom,; v r ' JILL L NELSONS 35- �" *Comm.Exp.March 6,2010 4179 • http://www.lcc.ne.gov/online forms/35-4179.htinl 4/29/2008 OF LOCATION(this application will not be accepted if the license is moving into another jurisdiction) ADDRESS 10730 Pacific St,Omaha,NE 68114 Omaha,Douglas Indicate FROM: local governing body jurisdiction: city or county ADDRESSsame_ _--------.____._.__— .----..__._.__..._. ,_.._.__...__....------_.__._...____... Indicate TO: local governing body jurisdiction: city or county• 0800009295 • INCLUDE A SKETCH OF THE PROPOSED AREA TO BE LICENSED(8 1/2 x 11 PAPER-BLUEPRINTS NOT ACCEPTED)INDICATE THE DIMENSIONS OF THE AREA TO BE LICENSED AND THE DIRECTION"NORTH"ON THE SKETCH • •UBMIT A COPY OF YOUR LEASE OR DEED DEMONSTRATING OWNERSHIP kb\ &ts 2639 .://www.lcc.ne.gov/online_forms/35-4179.html c P7 4/29/2008 City Clerk BJB:clj - HOSPITAL 0 HOME FOR THE AGED,INDIGENT OR VETERANS DV COLLEGE OR UNIVERSITY (Authorized Signature) (Date) L :/.4_C,--1..._ i ''' • ..-'�� Continue on reverse side �} �1s�{''?�c'r�r S fit'tit. , ,J% 11 / ) / 0G'• L:S r ;/ r !r : Cor oration and/or Tra Name (Please Print)F _ - nature & Tit of Applicant or Authorscntative the fence as set forth in subsection (b) above. Following substantial completion of Landlord's Work and upon invoice from Landlord,Tenant shall Immediately reimburse Landlord for its%of the cost of the fence. Provided the Lease has not been earlier terminated and provided Tenant is not in default under the Lease either(a)at the time said option right is exercised or(b) at the time such option period is to commence, the Tenant is hereby granted the option to extend this Lease for one (1) additional Term of five (5) years on the same terms and conditions as contained for the original term, except that the Basic Rent shall be $45,220.08 annually paid $3,768.34 per month. In the event any such option Is exercised, the word 'Term shall mean and include the additional option temi(s). This option to extend may only be exercissed by Tenant giving Landlord written notice of exercise at least ninety (90) days prior to expiration of the preceding Term; falling which this option becomes void. In addition, Landlord may cancel this option if in the twelve (12) months preceding the beginning of any additional Term, Tenant has been liable for payment of the service fee Montclair Professional Center I1007 W.••ro,,.r Rnsd •fln,ah•.NC 6Pl44.17011 • 4117 all 7171 • FAX 403.3U.4291'•vww.seld'n.con, En a << atdSUoeoniW Isar¢0-6011002 et q '''''i 0 1\ i' - -i. ,. 1. . I h ) ` • 1, '''''' CI C c 11J 0 czi r • >011.1.04 = o . lli Ln ° a a Q-- a mac, \ W 3 . ,..._ s..\:. P • . , 1' .,-u, . . �c X II 81 STILLWATER DR, PAPILLION, NE 68046 (H) 203-5411 \' 0 ƒ w / . ° � 073 / • § \ § ƒ () _________....... ‹ ,in . -ti , . i I L-. L • Exhibit "A" Pt ifc< 4+d 5UO�N $P 80101100Z Lo • RECEIVED MAY 05 2008 4.14 C tsrONTRO SCnMI000SSIOR M N T DApril 28,2008 441, 0 4f4k v �b 8801 Building,Inc Aftp, S 2a08 S 10730 Pacific Street NTROk 1. /,10/, Omaha,NE 68114 SS/ON Dear V , I wouldern like permission to install a gated&fenced patio in front of space 110(Twisted Cork Bistro). have attached a drawing of the space requested and will forward all requirements to the city for approval. The fence will be black metal 48"in height and include a gate on the south side. I will be placing 4 black metal tables and 8 chairs inside in order to offer full lunch&beverage service. Sincerely, • Darrell Auld President, Twisted Cork Bistro (402) 203.5411 • RECEIVED 8801 BUILDING, INC. SHAKER PLACE MAY Os 2000 10730 Pacific Street, Suite 242 NESRASKA LIQUOR Omaha, NE 68114 CONTROL COMMISSION Phone: 402-393-4482 • April 29, 2008 Darrell Auld, President Twisted Cork Bistro 10730 Pacific Street, #110 Omaha, NE 68114 Dear Darrell: Thank you for your written request and drawing for the proposed fenced patio to be installed outside of your space at Shaker Place. This is our written approval of the drawing you submitted for a gated and fenced patio in front of space 110 (Twisted Cork Bistro)to be installed at your expense , pending the City of Omaha's approval and your meeting all requirements set by the City. Please keep us infonfied as to the progress of this project. Sincerely, 8801 Building, Inc Vernon E. Dolleck, President /slf W/9808/fencedpatioapprova 1042908 ADDRESS 10730 Pacific St,Omaha,NE 68114 Omaha,Douglas Indicate FROM: local governing body jurisdiction: city or county ADDRESSsame_ _--------.____._.__— .----..__._.__..._. ,_.._.__...__....------_.__._...____... Indicate TO: local governing body jurisdiction: city or county• 0800009295 • INCLUDE A SKETCH OF THE PROPOSED AREA TO BE LICENSED(8 1/2 x 11 PAPER-BLUEPRINTS NOT ACCEPTED)INDICATE THE DIMENSIONS OF THE AREA TO BE LICENSED AND THE DIRECTION"NORTH"ON THE SKETCH • •UBMIT A COPY OF YOUR LEASE OR DEED DEMONSTRATING OWNERSHIP kb\ &ts 2639 .://www.lcc.ne.gov/online_forms/35-4179.html c P7 4/29/2008 City Clerk BJB:clj - HOSPITAL 0 HOME FOR THE AGED,INDIGENT OR VETERANS DV COLLEGE OR UNIVERSITY (Authorized Signature) (Date) L :/.4_C,--1..._ i ''' • ..-'�� Continue on reverse side �} �1s�{''?�c'r�r S fit'tit. , ,J% 11 / ) / 0G'• L:S r ;/ r !r : Cor oration and/or Tra Name (Please Print)F _ - nature & Tit of Applicant or Authorscntative the fence as set forth in subsection (b) above. Following substantial completion of Landlord's Work and upon invoice from Landlord,Tenant shall Immediately reimburse Landlord for its%of the cost of the fence. Provided the Lease has not been earlier terminated and provided Tenant is not in default under the Lease either(a)at the time said option right is exercised or(b) at the time such option period is to commence, the Tenant is hereby granted the option to extend this Lease for one (1) additional Term of five (5) years on the same terms and conditions as contained for the original term, except that the Basic Rent shall be $45,220.08 annually paid $3,768.34 per month. In the event any such option Is exercised, the word 'Term shall mean and include the additional option temi(s). This option to extend may only be exercissed by Tenant giving Landlord written notice of exercise at least ninety (90) days prior to expiration of the preceding Term; falling which this option becomes void. In addition, Landlord may cancel this option if in the twelve (12) months preceding the beginning of any additional Term, Tenant has been liable for payment of the service fee Montclair Professional Center I1007 W.••ro,,.r Rnsd •fln,ah•.NC 6Pl44.17011 • 4117 all 7171 • FAX 403.3U.4291'•vww.seld'n.con, En a << atdSUoeoniW Isar¢0-6011002 RECEIVED BUSINESS PROPERTY LEASE MAY 05 2008 THIS LEASE is entered into this It,day of December,2007,between 8801 Building,Inc.,Landlord,an�EBRASKA LIQUOR Twisted Cork Bistro,Inc.a Nebraska S-Corporation,d/b/a Twisted Cork Bistro,Tenant ^,ONTROL COMMISSION 1. PREMISES. Landlord leases to Tenant the real property located at 10730 Pacific Street,Suite 110(the'Premises'), containing approximately 1.000 square feet of area,on the following terms and conditions. 2. TERM. This Lease shall be for a term of five(5)years and four(4)months,beginning on the 1st day of January,2008, and ending on the 30th day of April,2013,unless terminated earlier as provided In this Lease. Tenant shall deliver to the Landlord written notice of Tenant's Intent to renew this Lease three(3)months prior to the expiration date. (the2Base-Meath. If for any reason the Premises is delivered to Tenant on any date seven(7)days before or after the term commencement date,rental for the period between the date of possession and the term commencement date shall be adjusted on a pro rata basis. Such earlier or later taking of possession shall not change the termination date of this Lease. This Lease shall not be void or voidable in the event of a late delivery by Landlord,nor shall Landlord be liable to Tenant for any resulting loss or damage. 3. USE OF PREMISES. The Premises are leased to Tenant,and are to be used by Tenant,for the purposes of a food service to include alcoholic sales and further activities in an effort to enhance primary business practice of serving breakfast,lunch and wine and for no other purpose. Tenant agrees to use the Premises In such a manner as to not interfere with the rights of other tenants in the Real Estate,to comply with all applicable governmental laws,ordinances,and regulations in connection with its use of the Premises,including without limitation all environmental laws,to keep the Premises in a dean and sanitary condition,and to use all reasonable precaution to prevent waste,damage,or Injury to the Premises. 4. RENT. (a) Base Rent. The total Base Rent under this Lease is Eighty Thousand Four and No/100 DOLLARS ($80,004.00).Tenant agrees to pay rent to Landlord at 10730 Pacific Street,Suite 242,Omaha,Nebraska 68114,or at any other place • Landlord may designate in writing,in lawful money of the United States,in monthly instalments in advance,on the first day of each month,as follows: For the period from January 1,2008 to April 30,2008 $0 per month For the period from May 1,2008 to April 30,2009 $1,167.00 per month For the period from May 1,2009 to April 30,2010 $1,250.00 per month For the period from May 1,2010 to April 30,2011 $1,333.00 per month For the period from May 1,2011 to April 30,2012 $1,417.00 per month For the period from May 1,2012 to April 30,2013 $1,500.00 per month (b) Operating-Expenses.Intentionally Deleted (c) Payment of Rent Tenant agrees to pay the Base Rent as and when due,together with Expenses-and all other,amounts required to be paid by Tenant under this Lease. In the event of nonpayment of any amounts due under this Lease,whether or not designated as rent,Landlord,shall have all the rights and remedies provided in this Lease or by law for failure to pay , rent,including charging Interest after thirty(30)days of non-payment at Regional Prime plus one(1%)percent per annum. (d) Late Charge. If the Tenant fails to pay the Base Rent together with the Tenant's share of the Operating Expenses and all other amounts required to be paid by Tenant under this Lease,on or before the fifth day after such payments are due,Tenant agrees to pay Landlord a late charge of$150.00. • (e) Security Deposit As partial consideration for the execution of this Lease,the Tenant has delivered to Landlord for Landlord's use and possession the sum of$1,500.00 as a Security Deposit. The Security Deposit will be returned to Tenant at the expiration of this Lease if Tenant has fully complied with all covenants and conditions of this Lease. • 5. SERVICES. Landlord shall furnish common area maintenance,real estate taxes and Insurance to the Premises during normal business hours and at such other times as Landlord may deem necessary or desirable,in the manner customary to the Real Estate. Landlord shall have the right to discontinue any service during any period for which rent is not promptly paid by Tenant. Landlord shall not be liable for damages,nor shall the rental be abated,for failure to furnish,or delay in furnishing,any service when failure to furnish,or delay in furnishing,is occasioned in whole or in part by needful repairs,renewals,or improvements,or by any strike or labor controversy,or by any accident or casualty whatsoever,or by any unauthorized act or default of any employee of Landlord,or for any other cause of causes beyond the control of Landlord. Tenant shall pay when due,all water and sewer use fees(if separately metered)(see paragraph 31),gas,electricity, incurred at or chargeable to the Premises. 6. ASSIGNMENT OR SUBLEASE. Tenant shall not assign this Lease or sublet the whole or any part of the Premises, transfer this Lease by operation of law or otherwise,or permit any other person except agents and employees of Tenant to occupy the Premises,or any part thereof,without the prior written consent of Landlord,which shall not unreasonably_be withheld.Landlord may consider any factor It deems relevant In determining whether to withhold consent Including,but not limited to,the following: (a)financial responsibility of the new tenant,(b)identity and business character of the new tenant,(c)nature and legality of the proposed use of the Premises. Landlord shall have the right to assign its interest under this Lease or the rent hereunder. 7. TENANT'S IMPROVEMENTS. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the interior of the Premises at its own expense. Prior to commencing any such work,Tenant shall first obtain the written consent of Landlord for the proposed work. Landlord may,as a condition to its consent,require that the work be done by Landlord's own employees and/or under Landlord's supervision,but at the expense of Tenant,and that Tenant give sufficient security that the Premises will be completed free and clear of liens and In a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such Improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its • 1 vamoKEREKIdrottcomedierraa.krae•10735 uswx..asIrw.aca,maoaar.vn.mm.000 trade fixtures at the termination of this Lease provided Tenant is not then in default and provided further that Tenant repairs any damage caused by such removal. 8. REPAIRS. Landlord agrees to maintain in good condition,and repair as necessary the foundations,exterior walls and the roof of the Premises. Tenant agrees that it will make,at its own cost and expense,all repairs and replacements to the Premises not required to be made by Landlord,including,but not limited to,all interior and exterior doors,door frames,windows,plate glass,and the heating,air conditioning, plumbing and electrical systems servicing the Premises. Tenant agrees to do all redecorating,remodeling,alterations,and painting required by it during the term of the Lease at its own cost and expense,to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant,and to maintain the Premises in a safe,dean,neat,and sanitary condition,Including the sidewalk abutting the Premises.snow and Ice. Tenant shall be entitled to no compensation for inconvenience,Injury,or loss of business arising from the making of any repairs by Landlord,Tenant,or other tenants to the Premises or the Real Estate. 9. CONDITION OF PREMISES. Except as provided herein,Tenant agrees that no promises,representations,statements, or warranties have been made on behalf of Landlord to Tenant respecting the condition of the Premises,or the manner of operating the Real Estate,or the making of any repairs to the Premises. By taking possession of the Premises,Tenant acknowledges that the Premises were in good and satisfactory condition when possession was taken. Tenant shall,at the termination of this Lease,by lapse of time or otherwise, remove all of Tenant's property and surrender the Premises to Landlord in as good condition as when Tenant took possession,normal wear excepted. 10. PERSONAL PROPERTY AT RISK OF TENANT. All personal property in the Premises shall be at the risk of Tenant only. Landlord shall not be liable for any damage to any property of Tenant or its agents or employees in the Premises caused by any reason whatsoever,Including,without limitation,fire,theft,steam,electricity,sewage,gas or odors,or from water,rain,or snow which may leak into, Issue or flow into the Premises from any part of the Real Estate,or from any other place,or for any damage done to Tenant's property in moving same to or from the Real Estate or the Premises. Tenant shall give Landlord,or its agents,prompt written notice of any damage to or defects in. water pipes,gas or warming or cooling apparatus in the Premises. 11. LANDLORD'S RESERVED RIGHTS. Without notice to Tenant,without liability to Tenant for damage or Injury to property,person,or business,and without effecting an eviction of Tenant or a disturbance of Tenant's use or possession or giving rise to any claim for set off or abatement of rent,Landlord shall have the right to: (a) Change the name or street address of the Real Estate. (b) Install and maintain signs on the Real Estate. (c) Have access to all mail chutes according to the rules of the United States Post Office Department. (d) At reasonable times,to decorate,and to make,at its own expense,repairs,alterations,additions,and Improvements, structural or otherwise,in or to the Premises,the Real Estate,or part thereof,and any adjacent Real Estate,land,street,or alley,and during such operations to take Into and through the Premises or any part of the Real Estate all materials required,and to temporarily dose or suspend operation of entrances,doors,corridors,elevators,or other facilities to do so. (e) Possess passkeys to the Premises. (f) Show the Premises to prospective tenants at reasonable times. • (9) Take any and all reasonable measures,including Inspections or the making of repairs,alterations,and additions and improvements to the Premises or to the Real Estate,which Landlord deems necessary or desirable for the safety,protection,operation,or preservation of the Premises or the Real Estate. . (h) Approve all sources furnishing signs,painting,and/or lettering to the Premises,and approve all signs on the Premises prior to installation thereof. • (i) Establish rules and regulations for the safety,care,order,operation,appearance,and cleanliness of the Real Estate and to make modifications thereto. 12. INSURANCE. Tenant shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of Insurance now or hereafter placed on the Real Estate or increase the risks covered by insurance on the Real Estate or necessitate additional insurance premiums or policies of Insurance,even if such use may be in furtherance of Tenants business purposes. Landlord understands and agrees that the orimary ouroose identified in paragraph 3 Is not in violation of this Paragraph.In the event any policies of insurance are invalidated by acts or omissions of Tenant,Landlord shall have the right to terminate this Lease or,at Landlord's option,to charge Tenant for extra insurance premiums required on the Real Estate on account of the increased risk caused by Tenants use and occupancy of the Premises. Each party hereby waives all claims for recovery from the other for any loss or damage to any of its property Insured under valid and collectible insurance policies to the extent of any recovery collectible under such policies;provided,that this waiver shall apply only when permitted by the applicable policy of insurance. 13. INDEMNITY. Tenant shall Indemnify,hold harmless,and defend Landlord from and against,and Landlord shall not be liable to Tenant on account of,any and all costs,expenses,liabilities,losses,damages,suits,actions,fines,penalties,demands,or claims of any kind,including reasonable attomey's fees,asserted by or on behalf of any person,entity,or governmental authority arising out of or In any way connected with either(a)a failure by Tenant to perform any of the agreements,terms,or conditions of this Lease required to be performed by Tenant;(b)a failure by Tenant to comply with any laws,statutes,ordinances,regulations,or orders of any governmental authority;or(c)any accident,death,or personal injury,or damage to,or loss or theft of property which shall occur on or about the Premises,or the Real Estate, except as the same may be the result of the negligence of Landlord,Its employees,or agents. 14. LIABILITY INSURANCE. Tenant agrees to procure and maintain continuously during the entire term of this Lease,a policy or policies of commercial general liability Insurance from a company or companies acceptable to Landlord,at Tenants own cost and • expense,insuring Landlord and Tenant from all claims,demands or actions;such policy or policies shall In addition to Insuring Tenant protect and name the Landlord and Landlords managing agent as additional Insured and shall provide coverage in a combined single limit per occurrence of at least 81,000,000.00 for claims,demands or actions for bodily Injury,death or property damage made by or on behalf of any person or persons,firm or corporation arising from,related to,or connected with the conduct and operation of Tenant's business in the Premises,or arising out of and connected with the use and occupancy of the Real Estate by the Tenant. All such 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 evidencing that such insurance in full force and effect and stating the term and provisions thereof. If Tenant fails to comply with such requirements for Insurance,Landlord may,but shall not be obligated to,obtain such insurance and keep the same in effect,and Tenant agrees to pay Landlord,upon demand,the premium cost thereof. 2 • Pt9ROKERSUsinaeCartrercillaLoNWSNIor Piece.1orsraa+atle.nr iracom,waaer.e.rzmmmc • 15. DAMAGE BY FiRE OR OTHER CASUALTY. If,during the tens of this Lease,the Premises shall be so damaged by fire or any other cause except Tenant's negligent or Tenant's intentional act so as to render the Premises untenaMable,the rent shall be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. • 16. CONDEMNATION. if the whole or any part of the Premises shall be taken by public authority under the power of eminent domain,then the tens of this Lease shall cease on that portion of the Premises so taken,from the date of possession,and the rent shall be paid to that date,with a proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. if the portion of the Premises taken is such that it prevents the practical use of the Premises for Tenant's purposes,then Tenant shall have the right either(a)to terminate this Lease by giving written notice of such termination to Landlord not later than thirty(30)days after the taking,or(b)to continue in puss ssion of the remainder of the Premises,except that the rent shall be reduced in proportion to the area of the Premises taken. In the event of any taking or condemnation of the Premises,in whole or in part,the entire resulting award of damages shall be the exclusive property of Landlord,including all damages awarded as compensation for diminution in value to the leasehold,without any deduction for the value of any unexpired term of this Lease,or for any other estate or interest In the Premises now or hereafter vested in Tenant. 17. DEFAULT OR BREACH. Each of the following events shall constitute a default or a breach of this Lease by Tenant (a) If Tenant falls to pay Landlord any rent or other payments when due hereunder; (b) If Tenant vacates or abandons the Premises; (c) If Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act,or voluntarily takes advantage of any such act by answer or otherwise,or makes an assignment for the benefit of creditors; (d) If involuntary proceedings under any bankruptcy or insolvency act shall be instituted against Tenant,or If a receiver or trustee shall be appointed of all or substantially all of the property of Tenant,and such proceedings shall not be dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or (e) If Tenant fails to perform or comply with any other term or condition of this Lease,or any of the rules and regulations . established by Landlord,and if such nonperformance shall continue for a period of ten(10)days after notice thereof by Landlord to Tenant,time being of the essence. 18. EFFECT OF DEFAULT. In the event of any default or breach hereunder,in addition to any other right or remedy available to Landlord,either at law or in equity,Landlord may exert any one or more of the following rights: (a) Landlord may re-enter the Premises immediately and remove the property and personnel of Tenant,and shall have the right,but not the obligation,to store such property in a public warehouse or at a place selected by Landlord,at the risk and expense of Tenant. (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice, Landlord's retaking will not terminate the Lease. On termination,Landlord may recover from Tenant all damages proximately resulting from the breach,Including the cost of recovering the Premises and the difference between the rent due for the balance of the Lease term as though the Lease had not been terminated and the fair market rental value of the Premises for the balance of the Lease term as though the Lease had not been terminated which sum shall be immediately due Landlord from Tenant. (c) Landlord may re-let the Premises or any part thereof for any term without terminating this Lease,at such rent and on such terms as it may,choose.Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease,Tenant shall be liable for all expenses of the re-letting,for any alterations and repairs made,and for the rent due for the balance of the Lease term,which sum shall be immediately due Landlord from Tenant The amount due Landlord will be reduced by the net rent received by Landlord during the remaining term of this Lease from re-letting the Premises or any part thereof. If during the remaining term of this Lease • Landlord receives more 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 payment pursuant to this sub-paragraph. 19. SURRENDER-HOLDING OVER. Tenant shall,upon termination of this Lease,whether by lapse of time or otherwise, peaceably and promptly surrender the Premises to Landlord. If Tenant remains In possession after the termination of this Lease,without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month,subject to all the terms, conditions,and agreements of this Lease,except that the rent shall be two times the monthly rent specified in the lease immediately before termination. 20. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease,and all rights of Tenant hereunder,shall,at the option of Landlord,be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof, and Tenant agrees to execute,acknowledge,and deliver to Landlord,upon request,any and all instruments that may he necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. In the event any proceedings are brought for the foreclosure of any mortgage on the Premises,Tenant will attom to the purchaser at the foreclosure sale and recognize such purchaser as the Landlord under this Lease. The purchaser,by virtue of such foreclosure,shall be deemed to have assumed,as substitute Landlord,the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption,however,shall not be deemed in acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents,including a new lease upon the same terms and conditions contained herein,confirming the foregoing,as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. • 21. NOTICES. Any notice or demands given hereunder shall be In writing and personally delivered or sent by first class mail postage prepaid to Landlord at 10730 Pacific Street,Suite 242,Omaha,Nebraska 68114,and also to Tenant at 10730 Pacific Street,Suite 110, Omaha,Nebraska 68114,or at such other address as either party may from time to time designate in writing. Each such notice shall be • 3 FABROKERVILYevaCannwilllot SS,e Pb•10730 PS t. MTMbalkrta blr.I2to.MDOC such insurance and keep the same in effect,and Tenant agrees to pay Landlord,upon demand,the premium cost thereof. 2 • Pt9ROKERSUsinaeCartrercillaLoNWSNIor Piece.1orsraa+atle.nr iracom,waaer.e.rzmmmc • • deemed to have been given at the time It shall be personally delivered to such address or deposited in the United States mail In the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act (ADA)and all similar laws and regulations within the Premises,Including the removal'of barriers which do not necessitate the removal or modification of load-bearing walls. 23. Intentionally Deleted. 24. MISCELLANEOUS. (a) Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply,and Inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and permitted assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by • subsequent written agreement. (c) Waiver.None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of Its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default of any of such terms,conditions,and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (d) No Surrender. No surrender of the Premises by Tenant shall be effected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes a surrender. (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do no define,limit, describe,or construe the contents of such paragraphs. (f) Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. (g) Partial Invalidity. If any provision of this Lease is invalid or unenforceable to any extent,then that provision and the remainder of this Lease shall continue In effect and be enforceable to the fullest extent permitted by law. 25. BROKERS. The brokers Involved in this transaction are: Agent for Landlord is John H.Dickerson of Investors Realty, Inc.Landlord and Tenant acknowledge that Investors Realty,Inc.is being paid a fee by Landlord. 26. PARKING. In order to maintain convenient parking for customers of all tenants,Tenant and Tenant's employees,shall only park in spaces marked with white lines. 27. TENANT IMPROVEMENTS. Tenant to accept the space in'as-is'condition,except that the ceiling In the kitchen will be • put back together by Landlord,with the Landlord warranting all utility services shall be code for the governing jurisdiction(s). Upgrade requirements for gas and electricity shall be paid by the Tenant. 28. RENT DUE AT LEASE SIGNING.Tenant shall pay,In advance,three(3)month's base rent at lease signing. 29. OPTION TO EXTEND LEASE. If this Lease shall be in force and effect on the date for the expiration of the term hereof, and the Tenant on that date shall have fully performed all of his obligations hereunder,the Tenant shall have the right,at his option,to extend this lease for an additional term of five(5)years,commencing May 1,2013 and expiring April 20,2018 upon the same terms and conditions contained in this lease except that the minimum monthly rent during said extended term shall be as follows: For the period from May 1,2013 to April 30,2014 $1,545.00 per month • For the period from May 1,2014 to April 30,2015 $1,592.00 per month For the period from May 1,2015 to April 30,2016 $1,639.00 per month For the period from May 1,2016 to April 30,2017 $1,688.00 per month For the period from May 1,2017 to April 30,2018 $1,739.00 per month To exercise such option,the Tenant shall notify the Landlord in writing,at any time during the original term hereof,but not later than six(6) months prior to the expiration of such term,of the Tenant's intention to extend such term. In the event that Tenant does not give notice to renew this Lease on the first option;any resulting extension shall be re-negotiated. 30. RESTAURANT EQUIPMENT. Any trade fixtures or restaurant equipment currently in the Premises shall be available for purchase by Tenant.Tenant wishes to purchase the Blodgett ovens,the freezer and both sinks at a vice to be negotiated.Value m�a be established by a qualified restaurant equipment company,In writing,Landlord warrants that he is deiivedna said property free and clear of any encumbrances.If any existing equipment that Is deemed by Tenant to be unusable or outdated,Tenant shall notify the Landlord and Landlord can remove it,or give Tenant permission to dispose of said equipment at landlord's expense. 31. UTILRIES. Beginning January 1,2008,Tenant will be responsible for all utility usage(excluding water&sewer) associated with the Leased Premises.Notwithstanding references In other sections of this lease,Tenant shall pay to Landlord extra costs for water and sewer fees caused by Tenant's use.For a period of at least six(6)months,but not more than twelve(12)months,following Tenant • opening for business,water usage will be compared to the previous year's water usage,as measured by the units of consumption on the utility bills,month-to-month(I.e.April 2008 to April 2007),to determine changes in usage.Should the usage show an Increase,Landlord,at Landlord's option,may charge Tenant for the overage at current utility rates. 32. TENANT RIGHT TO TERMINATE. With a minimum of sixty(60)days prior written notice,Tenant shall have the right to terminate this lease anytime after Eighteen(18)months following May 1,2008.At the time of notice,Tenant shall pay a$5,000 termination fee and forfeit the security deposit of$1,500.00. 33. ODORS. Throughout the term of this lease,Tenant will make commercially reasonable efforts to minimize or eliminate cooking odors from escaping from the Premises into other portions of the building in which the Premises are located. 4 NBROKERSti KoCommnial for Lons1Stelar M .lt7tPykL. TW0EO*S.tmMYLy,.12.100700C ive sufficient security that the Premises will be completed free and clear of liens and In a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such Improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its • 1 vamoKEREKIdrottcomedierraa.krae•10735 uswx..asIrw.aca,maoaar.vn.mm.000 • Commercially reasonable efforts shall include,but are not limited,to the following: Tenant shall install exhaust,air replacement and/or air filtration systems which are professionally designed and Intended to minimize or eliminate odors. Such exhaust will be located an appropriate distance from neighboring air intake vents. Such systems will be checked no less frequently than annually to insure they are performing as designed. Landlord may periodically require tenant to have the exhaust and filtration systems checked and the results reported to the Landlord. 34. TRASH.Tenant may use the building's trash dumpster.At anytime during the term of this lease,If the trash Is overloaded due to Tenant's use,Landlord,at Landlord's option,may charge Tenant for the cost of extra trash pickups,or require Tenant to have a separate • receptacle. 35. SEWER LINE MAINTENANCE. Tenant,at Tenant's cost,shall have the sewer line from the Premises to the sewer main cleaned out a minimum of one(1)time per year.If once per year Is found to be inadequate,Tenant shall increase the number of sewer line cleanings necessary to eliminate backup problems due to Tenant's use. 36. SIGNAGE. At Tenant's expense,Tenant may use the box sign on the front of the Premises and may place the business name on the tenant signage at the south end of the building at Pacific Street. All signage is to be approved by the Landlord In advance and that approval shall not be unreasonably withheld, Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above written. LANDLORD: TENANT: 8801 Building,Inc. Twisted Cork Bistro,Inc.,a Nebraska corporation d/b/a Twisted Cork Bistro Af3/ Vernon E.Dolled( Darrell Auld ITS: General Partner ITS: PR S r d e-,4 PERSONAL GUARANTEE The undersigned hereby absolutely and unconditionally guarantee unto the Landlord the payment of the rent and the performance of all of the covenants under the Lease and all renewals and extensions thereof by the Tenant and hereby waive notice of any default under the • Lease and agree that this liability shall not be released or affected by an extension of time for payment,by any forbearance by the Landlord,or by any assignment or modificat ion of this lease. BY: Darrell K.Auld NAME 2081 Stillwater Drive • HOME STREET ADDRESS Papililon,NE 68046 CITY,STATE,ZIP SOCIAL SECURITY NUMBER 41. Dated this Z� day of December,2007. 5 F:'8R0KERID YPACcomrdtl bLewA81,M Nw-10100 CtlkYrwlTwIgOCdI®I,M.RWallam.11I0.07.000 requirements for gas and electricity shall be paid by the Tenant. 28. RENT DUE AT LEASE SIGNING.Tenant shall pay,In advance,three(3)month's base rent at lease signing. 29. OPTION TO EXTEND LEASE. If this Lease shall be in force and effect on the date for the expiration of the term hereof, and the Tenant on that date shall have fully performed all of his obligations hereunder,the Tenant shall have the right,at his option,to extend this lease for an additional term of five(5)years,commencing May 1,2013 and expiring April 20,2018 upon the same terms and conditions contained in this lease except that the minimum monthly rent during said extended term shall be as follows: For the period from May 1,2013 to April 30,2014 $1,545.00 per month • For the period from May 1,2014 to April 30,2015 $1,592.00 per month For the period from May 1,2015 to April 30,2016 $1,639.00 per month For the period from May 1,2016 to April 30,2017 $1,688.00 per month For the period from May 1,2017 to April 30,2018 $1,739.00 per month To exercise such option,the Tenant shall notify the Landlord in writing,at any time during the original term hereof,but not later than six(6) months prior to the expiration of such term,of the Tenant's intention to extend such term. In the event that Tenant does not give notice to renew this Lease on the first option;any resulting extension shall be re-negotiated. 30. RESTAURANT EQUIPMENT. Any trade fixtures or restaurant equipment currently in the Premises shall be available for purchase by Tenant.Tenant wishes to purchase the Blodgett ovens,the freezer and both sinks at a vice to be negotiated.Value m�a be established by a qualified restaurant equipment company,In writing,Landlord warrants that he is deiivedna said property free and clear of any encumbrances.If any existing equipment that Is deemed by Tenant to be unusable or outdated,Tenant shall notify the Landlord and Landlord can remove it,or give Tenant permission to dispose of said equipment at landlord's expense. 31. UTILRIES. Beginning January 1,2008,Tenant will be responsible for all utility usage(excluding water&sewer) associated with the Leased Premises.Notwithstanding references In other sections of this lease,Tenant shall pay to Landlord extra costs for water and sewer fees caused by Tenant's use.For a period of at least six(6)months,but not more than twelve(12)months,following Tenant • opening for business,water usage will be compared to the previous year's water usage,as measured by the units of consumption on the utility bills,month-to-month(I.e.April 2008 to April 2007),to determine changes in usage.Should the usage show an Increase,Landlord,at Landlord's option,may charge Tenant for the overage at current utility rates. 32. TENANT RIGHT TO TERMINATE. With a minimum of sixty(60)days prior written notice,Tenant shall have the right to terminate this lease anytime after Eighteen(18)months following May 1,2008.At the time of notice,Tenant shall pay a$5,000 termination fee and forfeit the security deposit of$1,500.00. 33. ODORS. Throughout the term of this lease,Tenant will make commercially reasonable efforts to minimize or eliminate cooking odors from escaping from the Premises into other portions of the building in which the Premises are located. 4 NBROKERSti KoCommnial for Lons1Stelar M .lt7tPykL. TW0EO*S.tmMYLy,.12.100700C ive sufficient security that the Premises will be completed free and clear of liens and In a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such Improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its • 1 vamoKEREKIdrottcomedierraa.krae•10735 uswx..asIrw.aca,maoaar.vn.mm.000 EXHIBIT'A' The Premises Shaker Place Retail 10730 Pacific Street-#110 20-0" 5' 5!11" Kitchen RR 18'-1' • RR 50-0" 6'-3" 17'-1" 26'-2' Dining 5' V INVESTORS i mum• N aTY 6 F:OROKERW4tfteCe.turd., Lw4Shlr Pim-107]U P"dAd1aMTMk4 o.Miasa•WO 07.00C in front of space 110(Twisted Cork Bistro). have attached a drawing of the space requested and will forward all requirements to the city for approval. The fence will be black metal 48"in height and include a gate on the south side. I will be placing 4 black metal tables and 8 chairs inside in order to offer full lunch&beverage service. Sincerely, • Darrell Auld President, Twisted Cork Bistro (402) 203.5411 • PLANNING DEPARTMENT REPORT tf r C 1- I Y E i i DATE: MAY 8, 2008 DUE DATE: MAY 23, 2008 08 ltlY 16 ' 9: 16 CITY COUNCIL HRG JUNE 3, 2008 i.ITY ci:- -, t LOCATION: 10730 PACIFIC STREET, STE 110 11 LEGAL DESCRIPTION: ADDITION OF A SIDEWALK CAFÉ AREA APPROX. 208' X 144' TO THE EAST APPLICANT: TWISTED CORK BISTRO, INC., DBA "TWISTED CORK BISTRO" REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT THIS REQUEST DOES(X) 1\174DOES NOT O PERTAIN TO AN OUTSIDE AREA IF OUTSIDE: OUTSIDE AREA IS FEET FROM THE NEAREST RESIDENCE THIS PROPERTY IS ( X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS (If not,do not proceed-Notify the City Clerk's Office and return this form) (Except Class D-I Package Liquor License) ******************************************************************************************************** C ANNEXATION DATE: ORDINANCE NO. (Only if within ast 24 months) EXIST ZONING: c XITING LAND USE: v.5-r A14 ADJA EN LAND USE AND ZO� I G:` C� NORT . ' 0(IS i ( M lM 12•4L. 1 t S -tc.l S►, V1/�I 11=� 1 Dt 2 i G j! b • A\m I(Vk u(11 M w1 Cl A--(,_. �12\c- CC_- 1' P W ST: 01AA MUIR I 1 IAAVO VC( P- ' /S tLl ci PARKING STALLS P OVIDED: --, W /� 2¶ C t`'�J (-- EXISTING USE DOES( ) DOES NOT( )COMPLY WIITTH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S 3 17- �106 MEN'S CA 7 J j c c>`___ DATE SUBJECT PROPERTY WAS POSTED: S' I )4 - U t5 (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: 6,�— DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE:3�j• /O " U yI�� A'LJ 1 VAT (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH D/---- LU v .a SCHOOL f;k------ HOSPITALS .--- HOME FOR THE AGED,INDIGENT OR VETERANS EGE OR UNIVERSITY e..) ( ._— Att_ S—/& -be (Authorized Signatur ) (Date) newals and extensions thereof by the Tenant and hereby waive notice of any default under the • Lease and agree that this liability shall not be released or affected by an extension of time for payment,by any forbearance by the Landlord,or by any assignment or modificat ion of this lease. BY: Darrell K.Auld NAME 2081 Stillwater Drive • HOME STREET ADDRESS Papililon,NE 68046 CITY,STATE,ZIP SOCIAL SECURITY NUMBER 41. Dated this Z� day of December,2007. 5 F:'8R0KERID YPACcomrdtl bLewA81,M Nw-10100 CtlkYrwlTwIgOCdI®I,M.RWallam.11I0.07.000 requirements for gas and electricity shall be paid by the Tenant. 28. RENT DUE AT LEASE SIGNING.Tenant shall pay,In advance,three(3)month's base rent at lease signing. 29. OPTION TO EXTEND LEASE. If this Lease shall be in force and effect on the date for the expiration of the term hereof, and the Tenant on that date shall have fully performed all of his obligations hereunder,the Tenant shall have the right,at his option,to extend this lease for an additional term of five(5)years,commencing May 1,2013 and expiring April 20,2018 upon the same terms and conditions contained in this lease except that the minimum monthly rent during said extended term shall be as follows: For the period from May 1,2013 to April 30,2014 $1,545.00 per month • For the period from May 1,2014 to April 30,2015 $1,592.00 per month For the period from May 1,2015 to April 30,2016 $1,639.00 per month For the period from May 1,2016 to April 30,2017 $1,688.00 per month For the period from May 1,2017 to April 30,2018 $1,739.00 per month To exercise such option,the Tenant shall notify the Landlord in writing,at any time during the original term hereof,but not later than six(6) months prior to the expiration of such term,of the Tenant's intention to extend such term. In the event that Tenant does not give notice to renew this Lease on the first option;any resulting extension shall be re-negotiated. 30. RESTAURANT EQUIPMENT. Any trade fixtures or restaurant equipment currently in the Premises shall be available for purchase by Tenant.Tenant wishes to purchase the Blodgett ovens,the freezer and both sinks at a vice to be negotiated.Value m�a be established by a qualified restaurant equipment company,In writing,Landlord warrants that he is deiivedna said property free and clear of any encumbrances.If any existing equipment that Is deemed by Tenant to be unusable or outdated,Tenant shall notify the Landlord and Landlord can remove it,or give Tenant permission to dispose of said equipment at landlord's expense. 31. UTILRIES. Beginning January 1,2008,Tenant will be responsible for all utility usage(excluding water&sewer) associated with the Leased Premises.Notwithstanding references In other sections of this lease,Tenant shall pay to Landlord extra costs for water and sewer fees caused by Tenant's use.For a period of at least six(6)months,but not more than twelve(12)months,following Tenant • opening for business,water usage will be compared to the previous year's water usage,as measured by the units of consumption on the utility bills,month-to-month(I.e.April 2008 to April 2007),to determine changes in usage.Should the usage show an Increase,Landlord,at Landlord's option,may charge Tenant for the overage at current utility rates. 32. TENANT RIGHT TO TERMINATE. With a minimum of sixty(60)days prior written notice,Tenant shall have the right to terminate this lease anytime after Eighteen(18)months following May 1,2008.At the time of notice,Tenant shall pay a$5,000 termination fee and forfeit the security deposit of$1,500.00. 33. ODORS. Throughout the term of this lease,Tenant will make commercially reasonable efforts to minimize or eliminate cooking odors from escaping from the Premises into other portions of the building in which the Premises are located. 4 NBROKERSti KoCommnial for Lons1Stelar M .lt7tPykL. TW0EO*S.tmMYLy,.12.100700C ive sufficient security that the Premises will be completed free and clear of liens and In a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such Improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its • 1 vamoKEREKIdrottcomedierraa.krae•10735 uswx..asIrw.aca,maoaar.vn.mm.000 O��HA, iv, OF 6rP City of Omaha, Webras&a `� t`�� ICI P1141 1819 Farnam—Suite LC 1 Omaha, Nebraska 68183-0112 0® � � 44, � Buster Brown (402) 444-5550 7.0 ti' City Clerk FAX (402) 444-5263 ��aTFD FEgR��4A May 20, 2008 Twisted Cork Bistro, Inc Application for an addition to your present Dba"Twisted Cork Bistro" Class "C" Liquor License location for a sidewalk 10730 Pacific Street, Suite 110 café area approx. 208' x 144' to the east Omaha,NE 68114 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 June 3, 2008 . The City Council Meeting begins at 2:00 P.M. in the Legislative Chamber, (LC-4), Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska. City Council Liquor Rule No. 6 states, "Each applicant for any type of license shall be personally present in the Council Chambers, in order that the Council may make inquiries, on the date of public hearing of the application for said license". Failure to be present at this Council Meeting is grounds to recommend denial of your application to the Nebraska Liquor Control Commission. If you are making changes to the type of business or the type of activities that will be operated on the new premises. Please complete and return the attached. Ordinance No. 37046, passed June 7, 2005, requires each applicant to submit a written statement describing all types of business or activities that will be operated on the premises in conjunction with the proposed license. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office 7 days in advance of the public hearing. Sincerely yours, / Buster Brown City Clerk BJB:clj /O " U yI�� A'LJ 1 VAT (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH D/---- LU v .a SCHOOL f;k------ HOSPITALS .--- HOME FOR THE AGED,INDIGENT OR VETERANS EGE OR UNIVERSITY e..) ( ._— Att_ S—/& -be (Authorized Signatur ) (Date) newals and extensions thereof by the Tenant and hereby waive notice of any default under the • Lease and agree that this liability shall not be released or affected by an extension of time for payment,by any forbearance by the Landlord,or by any assignment or modificat ion of this lease. BY: Darrell K.Auld NAME 2081 Stillwater Drive • HOME STREET ADDRESS Papililon,NE 68046 CITY,STATE,ZIP SOCIAL SECURITY NUMBER 41. Dated this Z� day of December,2007. 5 F:'8R0KERID YPACcomrdtl bLewA81,M Nw-10100 CtlkYrwlTwIgOCdI®I,M.RWallam.11I0.07.000 requirements for gas and electricity shall be paid by the Tenant. 28. RENT DUE AT LEASE SIGNING.Tenant shall pay,In advance,three(3)month's base rent at lease signing. 29. OPTION TO EXTEND LEASE. If this Lease shall be in force and effect on the date for the expiration of the term hereof, and the Tenant on that date shall have fully performed all of his obligations hereunder,the Tenant shall have the right,at his option,to extend this lease for an additional term of five(5)years,commencing May 1,2013 and expiring April 20,2018 upon the same terms and conditions contained in this lease except that the minimum monthly rent during said extended term shall be as follows: For the period from May 1,2013 to April 30,2014 $1,545.00 per month • For the period from May 1,2014 to April 30,2015 $1,592.00 per month For the period from May 1,2015 to April 30,2016 $1,639.00 per month For the period from May 1,2016 to April 30,2017 $1,688.00 per month For the period from May 1,2017 to April 30,2018 $1,739.00 per month To exercise such option,the Tenant shall notify the Landlord in writing,at any time during the original term hereof,but not later than six(6) months prior to the expiration of such term,of the Tenant's intention to extend such term. In the event that Tenant does not give notice to renew this Lease on the first option;any resulting extension shall be re-negotiated. 30. RESTAURANT EQUIPMENT. Any trade fixtures or restaurant equipment currently in the Premises shall be available for purchase by Tenant.Tenant wishes to purchase the Blodgett ovens,the freezer and both sinks at a vice to be negotiated.Value m�a be established by a qualified restaurant equipment company,In writing,Landlord warrants that he is deiivedna said property free and clear of any encumbrances.If any existing equipment that Is deemed by Tenant to be unusable or outdated,Tenant shall notify the Landlord and Landlord can remove it,or give Tenant permission to dispose of said equipment at landlord's expense. 31. UTILRIES. Beginning January 1,2008,Tenant will be responsible for all utility usage(excluding water&sewer) associated with the Leased Premises.Notwithstanding references In other sections of this lease,Tenant shall pay to Landlord extra costs for water and sewer fees caused by Tenant's use.For a period of at least six(6)months,but not more than twelve(12)months,following Tenant • opening for business,water usage will be compared to the previous year's water usage,as measured by the units of consumption on the utility bills,month-to-month(I.e.April 2008 to April 2007),to determine changes in usage.Should the usage show an Increase,Landlord,at Landlord's option,may charge Tenant for the overage at current utility rates. 32. TENANT RIGHT TO TERMINATE. With a minimum of sixty(60)days prior written notice,Tenant shall have the right to terminate this lease anytime after Eighteen(18)months following May 1,2008.At the time of notice,Tenant shall pay a$5,000 termination fee and forfeit the security deposit of$1,500.00. 33. ODORS. Throughout the term of this lease,Tenant will make commercially reasonable efforts to minimize or eliminate cooking odors from escaping from the Premises into other portions of the building in which the Premises are located. 4 NBROKERSti KoCommnial for Lons1Stelar M .lt7tPykL. TW0EO*S.tmMYLy,.12.100700C ive sufficient security that the Premises will be completed free and clear of liens and In a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such Improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its • 1 vamoKEREKIdrottcomedierraa.krae•10735 uswx..asIrw.aca,maoaar.vn.mm.000 ak2, cieS /110, %rJ 45'•Z 1- NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that TWISTED CORK BISTRO, INC. DBA "TWISTED CORK BISTRO" 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 AREA APPROX. 208' X 144' TO THE EAST located at 10730 PACIFIC STREET, SUITE 110 The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 3, 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 Famam 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. d 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 /O " U yI�� A'LJ 1 VAT (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH D/---- LU v .a SCHOOL f;k------ HOSPITALS .--- HOME FOR THE AGED,INDIGENT OR VETERANS EGE OR UNIVERSITY e..) ( ._— Att_ S—/& -be (Authorized Signatur ) (Date) newals and extensions thereof by the Tenant and hereby waive notice of any default under the • Lease and agree that this liability shall not be released or affected by an extension of time for payment,by any forbearance by the Landlord,or by any assignment or modificat ion of this lease. BY: Darrell K.Auld NAME 2081 Stillwater Drive • HOME STREET ADDRESS Papililon,NE 68046 CITY,STATE,ZIP SOCIAL SECURITY NUMBER 41. Dated this Z� day of December,2007. 5 F:'8R0KERID YPACcomrdtl bLewA81,M Nw-10100 CtlkYrwlTwIgOCdI®I,M.RWallam.11I0.07.000 requirements for gas and electricity shall be paid by the Tenant. 28. RENT DUE AT LEASE SIGNING.Tenant shall pay,In advance,three(3)month's base rent at lease signing. 29. OPTION TO EXTEND LEASE. If this Lease shall be in force and effect on the date for the expiration of the term hereof, and the Tenant on that date shall have fully performed all of his obligations hereunder,the Tenant shall have the right,at his option,to extend this lease for an additional term of five(5)years,commencing May 1,2013 and expiring April 20,2018 upon the same terms and conditions contained in this lease except that the minimum monthly rent during said extended term shall be as follows: For the period from May 1,2013 to April 30,2014 $1,545.00 per month • For the period from May 1,2014 to April 30,2015 $1,592.00 per month For the period from May 1,2015 to April 30,2016 $1,639.00 per month For the period from May 1,2016 to April 30,2017 $1,688.00 per month For the period from May 1,2017 to April 30,2018 $1,739.00 per month To exercise such option,the Tenant shall notify the Landlord in writing,at any time during the original term hereof,but not later than six(6) months prior to the expiration of such term,of the Tenant's intention to extend such term. In the event that Tenant does not give notice to renew this Lease on the first option;any resulting extension shall be re-negotiated. 30. RESTAURANT EQUIPMENT. Any trade fixtures or restaurant equipment currently in the Premises shall be available for purchase by Tenant.Tenant wishes to purchase the Blodgett ovens,the freezer and both sinks at a vice to be negotiated.Value m�a be established by a qualified restaurant equipment company,In writing,Landlord warrants that he is deiivedna said property free and clear of any encumbrances.If any existing equipment that Is deemed by Tenant to be unusable or outdated,Tenant shall notify the Landlord and Landlord can remove it,or give Tenant permission to dispose of said equipment at landlord's expense. 31. UTILRIES. Beginning January 1,2008,Tenant will be responsible for all utility usage(excluding water&sewer) associated with the Leased Premises.Notwithstanding references In other sections of this lease,Tenant shall pay to Landlord extra costs for water and sewer fees caused by Tenant's use.For a period of at least six(6)months,but not more than twelve(12)months,following Tenant • opening for business,water usage will be compared to the previous year's water usage,as measured by the units of consumption on the utility bills,month-to-month(I.e.April 2008 to April 2007),to determine changes in usage.Should the usage show an Increase,Landlord,at Landlord's option,may charge Tenant for the overage at current utility rates. 32. TENANT RIGHT TO TERMINATE. With a minimum of sixty(60)days prior written notice,Tenant shall have the right to terminate this lease anytime after Eighteen(18)months following May 1,2008.At the time of notice,Tenant shall pay a$5,000 termination fee and forfeit the security deposit of$1,500.00. 33. ODORS. Throughout the term of this lease,Tenant will make commercially reasonable efforts to minimize or eliminate cooking odors from escaping from the Premises into other portions of the building in which the Premises are located. 4 NBROKERSti KoCommnial for Lons1Stelar M .lt7tPykL. TW0EO*S.tmMYLy,.12.100700C ive sufficient security that the Premises will be completed free and clear of liens and In a manner satisfactory to Landlord. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such Improvements,additions,or alterations installed or made by Tenant,except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its • 1 vamoKEREKIdrottcomedierraa.krae•10735 uswx..asIrw.aca,maoaar.vn.mm.000 I • e 3•.0 w k . A \ E @ / (' § o = n n .. / c / '. w• m o P / ƒ 0 0.0 6 < \ k ? . . _ - § cn ° ° - 2 ? R — 7 G ' R 4 - § " q ƒ 00 7 Cr \ o Pa / X # ® H F ¢ • . t / § �' cn . / 7 ƒ & & a . _ a w c Cr\:= n p @• , ce will be black metal 48"in height and include a gate on the south side. I will be placing 4 black metal tables and 8 chairs inside in order to offer full lunch&beverage service. Sincerely, • Darrell Auld President, Twisted Cork Bistro (402) 203.5411