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RES 2008-0855 - Addition of beer garden to 120 Blondes Lounge -, • 4�`E S TA\1 y `,11 t�% 'REPf I- STATE OF NEBRASKA Q AID,: E: . r,D %. AV'? Governor Dave Heineman NEBRASKA LIQUOR CONTROL COMMISSION "• ? Governor nne�t p, 2 Hobert B. Rupe gl4q ,.:............. o ��' —6 ' C Executive Director a agcH 301 Centennial Mall South, 5th Floor P.O.Box 95046 . 0,r; t. i �:b,Hnj e I {R0I �'s� Lincoln, Nebraska 68509-5046 ! d Phone(402)471-2571 Fax(402)471-2814 OMAHA CITY CLERK TRS USER 800 833-7352(TTY) 1819 FARNAM STREET , SUITE FC-1 web address:http://www.lcc.ne.gov/ OMAHA NE 68183 • SPOTLIGHT INC DBA 120 BLONDES LOUNGE Liquor License # C-76844 Dear Clerk • The above licensee has requested a/an ADDITION: TO: 2101 N 120TH STREET, SUITES C 5-7 OMAHA NE 68164/ DOUGLAS COUNTY Adding: BEER GARDEN APPROX 82' X 20' TO EAST OF BLDG Please present this request to your CITY/ VILLAGE/ COUNTY BOARD and send us a copy of their recommendation. If recommendation of denial or no recommendation is made, the Commission has no alternative but to cease processing this request. Sincerely, NEBRASKA LIQUOR CONTROL COMMISSION (:)771/Y\-IUL/ 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 LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #C 76844 SPOTLIGHT, INC 2101 NORTH 120TH STREET 68164 934-4385 DBA 120 BLONDES LOUNGE SUITES C 5-7 NLCC ORDERS 7-19-07 -7-17-07 SHOW CAUSE HRG I.E. CHARACTER & REPUTATION I.E. APPLICANT PAYTON PRATT 3RD DEGREE ASSAULT& LEAVING THE SCENE OF ACCIDENT & GAME ABANDONMENT& DUI -APPLICATION APPROVED WITH RESTRICTIONS: NO ALCOHOL RELATED VIOLATIONS BOTH PERSONAL OR ON THE LICENSED PREMISE FOR ONE (1) YEAR FROM JULY 19, 2007 * 1-23-08-TRADE NAME CHANGED FROM SPOTLIGHT CLUB OTHER ACTIVITIES 6-5-07 -PURCHASED FROM THE SPOTLIGHT CLUB, INC * RES#664 GRANT* 7-24-07 - KENO APP RES#897 ADOPTED *6-24-08-REQ ADD OF BEER GARDEN APPROX 82' X 20' TO THE EAST* LICENSED PREMISES 1 STY BLDG APPROX 66'X 80' OFFICERS: PRES/MGR-PAYTON PRATT III, 14912 BURT DR, 68154 (C) 658-5566 *ATTY-JAMES BEMIS JR -330-6300 Request For Addition,Deletion,Reconstruction&Change Of Location Page 1 of 2 RE PLEASE COMPLETE AND RETURN TO: c ;VE'C, NE LIQUOR CONTROL COMMISSION Pt)sox 95046 MAY 2 9 2008 LINCOLN,NE 68509-5046 NEBRAS CONTROL COMMISSION REQUEST FOR ADDITION,DELETION,RECONSTRUCTION& CHANGE OF LOCATION I FEE OF$45 REQUIRED S 1.‘ I no . 4te LICENSEE'S NAME: ' .._.... - -ibA., _._... s► i TRADE NAME: hot.0_. ...06(Oa1.. .. .._.............__ PREMISE ADDRESS: .QZ.lQ.L.... ../�/_,...._/aZ.v._.._.._. ,. CITY/COUNTY: 6tHva(!{A,.,NE...b$1,'� TELEPHONE: 1....402-- ?3 Li ...L}.385 LICENSE NUMBER: _.._,......._. .: g'4 - I PLEASE CHOOSP ONE OF THE FOLLOWING ADDITION TO LICENSED PREMISE OR I lak RECONSTRUCTION 0 DELETION TO LICENSED PREMISE 0 RECONSTRUCTION 1 CHANGE OF LOCATION(this application will not be 0 accepted if the license is moving into another juiisdiction) ADDRESS "Indicate FROM: '- -...._....... ._. I I local I govebody od jurisdiction: city or I. county ADDRESS ' Indicat e local --- -- =— — governing /\? jurisdiction: t-7\4 7 coy or county 0800010668 • INCLUDE A SKETCH OF THE PROPOSED AREA TO BE LICENSED(81/2 a 11 PAPER-BLUEPRINTS NOT ACCEt'-r a D)INDICATE THE DIMENSIONS OF THE . AREA TO BE LICENSED AND THE DIRECTION"NORTH"ON THE SKETCH • SUBMIT A COPY OF YOUR LEASE.OR DEED DEMONSTRATING OWNERSHIP I http://www.lcc.ne.gov/online_forms/35-4179.html 4/29/2008 Jun 03 08 02: 41p Pratt Pest , 1-402-464-8824 p. 1 . APPLICATION FOR ADDITION, DELETION,CHANGE OF LOCATION, RECONSTRUCTION NEBRASKA LIQUOR CONTROL COMMISSION 301 CENTENNIAL MALL SOUTH PO BOX 95046 LINCOLN,NE 68509-5046 • PHONE:(402)471-2571 FAX:(402)471-2814 Websiu www Icc.nw,gov PEE$45.00 LICENSEE'S NAME TRADE NAME 424 iebnd4 S PREMISE ADDRESS O A) I?P Ci 65, a e7 CITY/COUNTY ( I, ) • a v (4.5 LICENSE NUMBER 768 Lf PHONE NUMBER( J /31- 43% Ems' PLEASE CHECK ONE OF THE FOLLOWING 608" ` a gADDTTION EIRECONSTRUCTION [)ELETION QCHANGE OF LOCATION(this application will not be accepted if the license is moving into another jurisdiction) Address From: Address To: • I) Include a sketch of the proposed area to be licensed(8 Y2 x 11 paper—no blueprints) • indicate the dimensions of the area to be licensed and the direction"north"on the sketch 2) Submit a copy of your lease or deed demonstrating ownership 3) If you do not know what jurisdiction you are located in,call the city or county clerk 4) In order to clarify your changes,an attached explanation is always welcome AFFIDAVIT The above reference request,as filed,will comply with the rules and regulations of the Nebraska Liquor Control Act. 4_ Signets of licensee (� Subscri in my presence and first duly sworn to before me on this ...a2 nd( fday of D GENERAL NOTARY-Stale d Nebiesle Q-� PEGGY J.CASE Notary Pu store and seal Comm'Ey.Feb.8,2009 FORM 36.4179 OR DEED DEMONSTRATING OWNERSHIP I http://www.lcc.ne.gov/online_forms/35-4179.html 4/29/2008 . . . •- . . • . 4 ._ • .• • • „,,,„::\ . . - • : . . • 1 • . • , . . : • • . RECEIVED. , ..• . , I. mg 29•2008 . , , NEBRASKA LIQUOR • . CONTROL COMMISSION ----.. . . i . . I , i , • • C\ (3\ 4 1 • ., . . . • . 4-- - - .'.\ • • -,-. , • %N. . • ' • . • '\-- T . .• ,--.z---, _ . • 1 - •••' o4 .. . • . . ,. .' • ' • - - .C`). - • (-N • . . e:=. \ ''' 1.-- . ---1 • \ . , . t . ' i,(7___H . . • 7.4 )• _.. ..;rit' ':• .. , • \j... • r.,.„ \' . ' \ •‘ - Oke N , . • ..f. • . . • . • •• , , ------ „„----,— • • • --- •-• ._ . . 4) In order to clarify your changes,an attached explanation is always welcome AFFIDAVIT The above reference request,as filed,will comply with the rules and regulations of the Nebraska Liquor Control Act. 4_ Signets of licensee (� Subscri in my presence and first duly sworn to before me on this ...a2 nd( fday of D GENERAL NOTARY-Stale d Nebiesle Q-� PEGGY J.CASE Notary Pu store and seal Comm'Ey.Feb.8,2009 FORM 36.4179 OR DEED DEMONSTRATING OWNERSHIP I http://www.lcc.ne.gov/online_forms/35-4179.html 4/29/2008 (0E3Liq April 14,2008 VK Blondo Properties,L.P. 2533 North 117th Avenue Omaha,Nebraska 68164 Re: Irrevocable Exercise of Lease Option,2101 North 120th Street Omaha,NE,Suites CO1 &CO2(the"Premises"). Dear Sir: You are the successor in interest to the Landlord's interest in that certain Shopping Center Lease dated October 17'2003 between your predecessor and Spotlight Club In.,a Nebraska corporation,as tenant,as amended by Addendum No. 1 to Shopping Center Lease dated May 1,2004 and Addendum No.2 to Shopping Center Lease dated October 5,2005,and further amended by Lease Amendment dated April 26,2007(collectively the"Lease"). The undersigned is the successor in interest to the tenant's under the Lease. Under the terms of the Lease,the tenant has the right to extend the Lease term for an additional 5 years provided the tenant gives Landlord written notice of its irrevocable exercise of the Lease renewal option. Pursuant to the renewal option,the extended term begins November 1,2008 and terminates'on October 31,2013. During the extended term,all of the terms and provisions of the Lease will continue except Minimum Rent , shall be$18.25 per square foot per annum. This letter is notice of Tenant's irrevocable exercise of its five year renewal option in the Lease. This is also the agreement of the undersigned to the continuation of his personal guarantee of the tenant's obligations under the Lease during the extended term of the Lease. If any further confirmation of the forgoing is desired,do not hesitate to contact me. Sine ely, AGREED: • Presi nt � Spotlight In., Guarantl 1 0800010624 4179 OR DEED DEMONSTRATING OWNERSHIP I http://www.lcc.ne.gov/online_forms/35-4179.html 4/29/2008 r- - - --. • NORTH PARK COMMONS BUILDING C RECEIVED SHOPPING CENTER LEASE THIS LEASE is made and entered into this 15 day of April,2008,by and between The VK Blondo Properties,LP,a Nebraska Umited Partnership(landlord')and Peyton Pratt,an individual("Tenant") MAY 29 ZOOS • ARTICLE I NEBRASKA LIQUOR FUNDAMENTAL LEASE PROVISIONS;DEFINITIONS CONTROL COMMISSION AND EXHIBITS 1.1 Fundamental Lease Provisions. Each of the following subsections is individually referred to In this lease as a 'Fundamental Lease Provision" and is contained in this Section 1.1 for convenience, Each reference in this Lease to a Fundamental Lease Provision shall be construed to incorporate all of the terms of such Fundamental Lease Provision. In the • event of any conflict between a Fundamental Lease Provision and any other provision of this Lease,the other provision of this lease shall govern. (a) Landlord:VK Blondo Properties,LP,a Nebraska Umited Partnership (b) Landlord's Address for Notices and Rent Payments:2533 North 117th Avenue,Suite 100,Omaha,Nebraska 68164 (c) Tenant Spotlight,Inc. (d) Tenant's Address for Notices: 1201 N 120th Street.Ste C-5,Omaha,NE 68164 (e) Tenants Trade Name: Brunettes, (f) Address of Premises: 1201 N 120th Street,Ste C-5,Omaha,NE 68164 (g) Approximate Number of Rentable Square Feet in Premises:1,887 sq ft. (h) Lease Term: 5 years and number of days necessary for Lease to expire October 31,2014 (i) Option to Renew:Tenant shall have the option to renew this Lease for a term of 5 years. • . (l) • Lease Commencement Date: Lease will commence on the date it is executed. (k) Rent Commencement Date:Rent will begin four(4)months after the Premises are open for business to the public,but in no event later than.November 1,2008. (I) Minimum Rent Mo/Rent Rent psflYear Rent Commencement-10/31/09 $2,476.69 $15.75 11/1/09 through 10/31/10 $2,516.00 $16.00 11/1/10 through 10/31/11 $2,555.31 $16.25 11/1/11 through 10/31/12 $2,605.63 $16.57 11/1/12 through 10/31/13 $2,649.66 $16.85 11/1/13 through 10/31/14 $2,696.84 $17.15 Option Rent 11/1/14 through 10/31/15 $2,751.88 $17.50 11/1/15 through 10/31/16 $2,806.91 $17.85 11/1/16 through 10/31/17 $2,861.95. $18.20 11/1/17 through 10/31/18 $2,916.99 $18.55 11/1/18 through 10/31/19 $2,979.89 $18.95 . (m) Tenant Fraction: 6.92%(2,000/28,921) (n) . Permitted Use of Premises: Restaurant and catering services.Food service to consist of American and world food cuisines not to include Chinese cuisine,Italian,pizza,deli sandwiches comparable to those served in a Blimpies or Philly style sandwiches. (o) curity Deposit The security deposit held for Spotlight,Inc.under Lease dated October 17",2003 for the -pace at 2101 N 120th St.Ste C-1,C-2,shall also stand as security deposit for this Lease (p) First Month Rent $2,625.00 to be paid prior to the first month it is due. . 1.2 Definition of Tenant Fraction. The term'Tenant Fraction"shall mean that fraction whose numerator is the total number of rentable square feet of floor space contained in the Premises and whose denominator is the total number of rentable • square feet of building area contained in all of the buildings In the Shopping Center. Tenant Fraction maybe adjusted in the event of addition or deletion to the Shopping Center. 1.3 Exhibits and Addenda. The following Exhibits and Addenda are a part of this Lease and have been attached to this Lease prior to its execution. . Exhibit'A"-Shopping Center site plan showing location of the Premises • MROKERSILfiliseConamsold b LOdN WPek,NP Comm=-2101 N 12001SALaacAPry.Rostra IEmidc . • 1 , 1 . Exhibit"C"-Description of Tenants work to be done In the Premises • r • Exhibit'D"—Sign Criteria • C�j E f VED Exhibit'E'-Rules and Regulations • ARTICLE II MAY 2 9 2008 • SHOPPING CENTER,LEASED PREMISES NEBRAS< .UQ�OR . 2.1 •Leased Premises. Landlord hereby leases to Tenant,and Tenant hereby leases from Landlo• �e>E ksION . In the location shown on Exhibit"A". The address of such premises,which is referred to in this Lease as the`Premises",wit be' • • that address which is set forth as a Fundamental Lease Provision in Subsection 1.1(f). The Premises will be a part of the • "Shopping Center"as indicated on Exhibit'A'and as marked.in the event of expansion or demolition. 2.2 Term. The'Term'of this Lease shall include the original term and any additional period as to which this Lease may be extended. This Lease shall be for a term consisting of the period of time set forth as a Fundamental Lease Provision in. • • Subsection 1.1(h)plus such additional number of days as may be necessary to cause the term of this Lease to end on the last. • day of a calendar month,unless this Lease is sooner terminated pursuant to the provisions of this Lease..The term of this Lease shall commence on the date set forth as a Fundamental Lease Provision in Subsection 1.1()). Tenants taking of possession of the Premises upon such delivery of possession by Landlord shall be deemed conclusively to establish that Landlord has ' substantially completed Landlord's work referred to in Exhibit 'B' in accordance with the requirements of Exhibit "B'. - Notwithstanding any other provision of this Lease,all of Tenants obligations under this Lease other than the payment of rent shall commence on the date on which Landlord delivers possession of the Premises to Tenant. • ' 2.3 Landlord's Covenants. Landlord covenants that It is the owner of the Shopping Center and that Landlord has full • power and authority to make this Lease with Tenant. -Landlord further covenants that Tenant,upon the complete and timely . payment of all rent and performance of all of Tenant's other obligations under this Lease,shall peacefully and quietly have,hold , and enjoy the occupancy of.the Premises throughout the term of this Lease or until this Lease is sooner terminated In accordance with its provisions without any disturbance from Landlord or anyone claiming by,through,or under Landlord. . • 1 • • . 2.4 Surrender. Upon.the expiration or termination of this Lease, Tenant agrees forthwith to surrender to Landlord . possession of the Premises and the fixtures and equipment constituting part thereof.with all keys thereto. • • . ARTICLE III . RENT • 3.1 Minimum Rent For each Lease Year during the.term of this Lease,Tenant shall pay to Landlord a guaranteed . • . minimum annual rent in the amount set forth as a Fundamental Lease Provision in Subsection 1.1(I),such minimum annual rent • being referred to in this Lease as the'Minimum Rent'. The Minimum Rent shall be payable in advance in equal monthly • Installments on the first day of each calendar month during the term of this Lease. The monthly installment of Minimum Rent for . any period during the term of this Lease prior to the commencement of the first Lease Year and for any other period of less than • a calendar month during the term of this Lease shall be'prorated on a daily basis which shall be 1/365th,and shall be paid by ' ' Tenant to Landlord within five(5)days after the end of the period for which It is due. • 3.2 Manner and Place of Payments. All payments of rent and any other sums payable by Tenant to Landlord under this - Lease shall be made by Tenant to Landlord without demand,deduction,or set-off at the address set forth as a Fundamental . • • Lease Provision in Subsection 1.1(b),or at such other place as Landlord from time to time may designate in writing. • 3.3 'Delinquent Payments and Late Charge.If any rent or other sums payable by Tenant under this Lease are not paid within five(5)days after such rent or other sums are due,then such unpaid rent or other sums shall bear Interest at the rate of fifteen(15%)percent per annum. In addition to such interest,if Tenant shall fail to pay any monthly installment of minimum • annual rental by the fifth day of the month for which Installment is.due,a late charge of$100.00 shall be assessed. . .• ARTICLE IV USE AND OPERATION OF LEASED PREMISES 4.1 Permitted Use. Tenant may use the Premises only for the permitted use set forth as a Fundamental Lease Provision in Subsection 1.1(n)and for noother purpose. Tenant agrees to use the Premises In such a Manner as to not interfere with the • • • • rights of other tenants In the Shopping Center,to comply with all applicable governmental laws,ordinances and regulations in connection with its use of the Premises,to keep the Premises in a clean sanitary condition.. •• • • . 4.2 Continuous Occupancy. Tenant agrees continuously throughout the term of this Lease to occupy the Premises and • to conduct its business therefrom during all normal business hours,except when the Premises are untenantable by reason of the occurrence of any damage thereto or the destruction thereot•'and Tenants failure to comply with the preceding provisions of this • sentence shall constitute a default under this Lease and shall give Landlord all of the rights and remedies set forth in Section 11.1. In the event that Tenant does not so occupy the Premises and conduct its business therefrom,then Tenant shall pay . monthly as additional rent(over and above and in 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)twenty-five • • - • percent(25%)of the Minimum Rent payable during such period or(b)one hundred twenty-five percent(125%)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. • 4.3 • Signs and Trade Fixtures. Tenant shall install upon the exterior of the Premises and remove therefrom,at Tenants expense,sighs relating solely to Tenants business in the Premises which'comply with all applicable laws,ordinances,and • governmental regulations and which will cause no damage to the Premises;provided,that any such signs-comply with the sign criteria as attached hereto as Exhibit'D". Tenant shall not place or erect any signs or other devices upon.any of the Common . . Areas. Tenant may install in the Premises and remove therefrom such trade fixtures as Tenant may deem necessary or PABROXERM,1e5e0...pd4 IN ts.eNvq,MWP C, i C-2101 N 12011 A4moArgwe kora ern . . appropriate to its business operations. Any damage to the Premisei which occurs as a result of the removal of any of Tenants . signs or trade fixtures shall be repaired by Tenant at its expense forthwith upon the removal of any of such signs or trade fixtures. 4.4 Employee Parking. Tenant and Its employees shall park their motor vehicles only in the areas of the Shopping Center specifically designated from time to time by Landlord for that purpose. At Landlord's request,Tenant agrees to furnish Landlord • with a list of the automobile license numbers of Tenants employees. • ' ARTICLE V MAINTENANCE,REPAIRS AND ALTERATIONS OF THE LEASED PREMISES • 5.1 Maintenance and Repairs. Except as otherwise provided In this Lease,Landlord,at its expense,shall keep and • maintain the foundation,roof,and structural portions of the wafts of the Premises,and the main utility connections serving,the • • Premises,in good condition and repair at all times during the term of this Lease,except for damage thereto caused by the adi or omissions of Tenant or any of Tenants contractors,employees,agents;customers,or Invitees. Tenant shall be responsible for and shall,at its expense, repair any damage to the roof of the Premises resulting from any penetration of the roof of the Premises made by Tenant or its agents or contractors for the'purpose of installing vents,exhaust fans,or similar devices serving the Premises,or for any other purpose,Tenant,at its expense,shall repair any damage to any portion of the Premises caused by . the acts or omissions of Tenant or any of Tenants contractors,employees,agents or invitees. Except for those Items for which Landlord is responsible pursuant to the first sentence of this Section,Tenant, at its expense,shall keep and maintain the Premises In good,safe,and sanitary condition end repair at all times during the term of this Lease in such manner as Landlord • and any insurer of the Premises reasonably may require and also as may be required to comply with all applicable laws, ordinances,rules and regulations of any federal,state,or local government agency or subdivision having jurisdiction Over the Premises. Tenants responsibilities under this Section shall include,but are not limited to,all plate glass windows and doors in • the Premises and the fixtures and equipment serving or constituting a part of the Premises(including,but not limited to,the • lighting, heating, air conditioning, ventilating, plumbing,electrical and sewer and other mechanical systems and equipment . • serving the Premises). Tenant,at its expense,promptly shall make any and all repairs and replacements to the Premises and to the fixtures and equipment serving or constituting a part thereof which may be required to comply with the obligations of Tenant. • . under this Section,in•each case in a good and workmanlike manner using materials,fixtures,and equipment whose quality is at . • least equal to that of the materials,fixtures,and:equipment being repaired or replaced. Upon the expiration or termination of this• Lease,Tenant shall deliver the Premises and the fixtures and equipment constituting a part thereof(excluding.Tenants trade • • . fixtures)to Landlord in good condition and repair,reasonable wear and tear excepted. Notwithstanding the foregoing provisions of this Section,Landlord and Tenant agree that this Section shall not be applicable to any damage to,or destruction of,the • Premises falling within the scope of Section.9.1 or Section 13:1, which damage or destruction shall be governed by the • • . provisions of such other Sections. . . 5.2 Liens. Tenant shall have no authority to cause or permit a construction lien or other lien to arise or be perfected with respect to the Premises,or any part thereof;and Tenant shall so advise any contractor performing any work or providing any materials for Tenant in or with respect to the Premises. If any construction lien or other lien is filed against the Premises,or any • part thereof,for any reason whatsoever by reason of Tenants acts or omissions or because of a claim against Tenant,then Tenant shall cause such lien to be canceled and discharged of record by bond or otherwise within.ten(10)days after written request by Landlord. . 5:3 Alterations by Tenant. Tenant, at its expense, during the term of this Lease may make such non-structural alterations to the Interior of the Premises as it deems appropriate;provided,that(i)the structural integrity of the Premises is not . , thereby adversely affected or diminished,(ii)the roof of the Premises is not affected,(lii)the value of the building In which the Premises are located is not thereby diminished,(iv)the exterior appearance(including the store front)of the Premises is not • thereby altered or changed,and(v)the cost of any alteration does not exceed Two Thousand Five Hundred and No/100 Dollars. . In all other instances Tenant shall secure the prior written approval of the Landlord before making any alterations. In all cases Tenant must obtain Landlord's written consent before making any roof penetrations for the purpose of Installing vents;exhaust. • fans,or similar devices to serve the Premises or for any other purpose. All such alterations shall be completed in a good and workmanlike manner with first-class materials and workmanship,and Tenant will be required to use Landlord's roof contractor or. complete the work under the supervision of Landlord's roof contractor in order to avoid any claim of invalidation of Landlord's roof • • warranty. At Landlord's option,any additions or alterations made to the interio.of the Premises by Tenant shall remain a part of • the Premises and be surrendered therewith upon the expiration or termination of this Lease,or upon the expiration or termination . of.this Lease,Tenant,at Its expense,shall restore the Premises to their condition at the time of Landlord's delivery of possession ' thereof to Tenant • . ARTICLE VI • • UTILITIES 6.1 Utilities. Beginning at Lease Commencement,Tenant shall pay for all gas,water,electricity,telephone,and other • • utility services used or consumed In or about or furnished to the Premises during the term of this Lease and shall pay all sewer use fees or similar charges made or imposed with respect to or against the Premises during the term of this Lease. Tenant shall . hold Landlord and the Premises harmless from all liens,charges,end costs with respect to such items. Tenant agrees that It will not install any equipment which will exceed or overload the capacity of any utility facilities serving the Premises,and if any • • equipment Installed by Tenant requires additional utility facilities,such additional utility facilities shall be installed at Tenant's expense In accordance with plans and specifications approved in writing in advance by Landlord..Landlord shall not be liable for • . any Interruption in the supply of any utilities;and Landlord does not guarantee the availability of any utilities. Tenants payments for utility services shall be made directly to the utility or other provider of such service. . ARTICLE VII • OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • . • • now or hereafter may be available for the joint and common use'arid benefit of Landlord,~oawpahts of the Shopping Center and • their employees,agents,servants.and other invitees including,without limitation:any pedestrian malls,customer and employee . parking areas;access roads;driveways;fences;water,sanitary and storm sewer,gas,electric,telephone and other utility fines, . systems,conduits,and facilities to the perimeter walls of any building;landscaped areas;loading areas;sidewalks;any Shopping Center Pylon or monument sign;and the facilities appurtenant to each and all of the foregoing. 7.2 'Definition of Operating Costs. 'The term'Operating Cost''shall mean the total cost(other than the cost properly • . . chargeable to capital account,except as herein specifically provided)and expense incurred in operating,maintaining,equipping, • inspecting,protecting,and repairing the Common Areas in and on the Shopping Center,including,without limitation,the oast or expense of or incurred in connection with or reasonably attributable to lighting,heating,ventilating,air conditioning,and other • utility expenses; gardening and landscaping (including planting, replanting, and replacing flowers and shrubs); cleaning; . workmen's compensation insurance;fire protection(including,without limitation, installation and maintenance of an ADT or . ` similar type system);fees for required licenses; personal property taxes;fine painting;operating of.loudspeakers and other equipment supplying music; sanitary control; water charges; sewer service charges(including, without limitation,costs and - expenses incurred in connection with on-site and off-site sanitary storm and sewer systems servicing the Shopping Center); removal of.ice, snow,trash;rubbish,debris,garbage and other refuse;security• and.traffic direction services;personnel to provide and supervise such services,and to police the Common Areas(including without limitation,wages,unemployment,and social security taxes and the cost of uniforms for such personnel);and Shopping Center management fees. . •7.3 Operation by Landlord. Notwithstanding anything set out In this•Lease to the contrary, it is agreed that(i)-all Common Areas shall be subject to the exclusive control and management of Landlord,and Landlord shall have the right at any . time,once or more often,to change the size,area,level,location and-arrangement of the access roads,parking areas,and other Common Areas thereon and therein and to permit the owners or occupants of land located outside the Shopping Center and their • invitees to use the-Common Areas,(II)Landlord shall have the right to temporarily close all or any portion of said parking areas and other common facilities in order to make repairs,changes and additions thereto. . 7.4 Common Areas Contribution. In each Fiscal Year Tenant shall pay to Landlord Tenants Fraction of the°Operating Costs'(as defined in Subsection 7.2). • . .7.5 Payment. Beginning at Lease Commencement,the Common Areas Contribution payable by Tenant under this Article• shall be-paid in monthly installments on the first day of each calendar month In advance,in an amount reasonably estimated by Landlord. Within sixty(60)days after the end of each Fiscal year,Landlord shall furnish Tenant with a statement summarizing the actual Operating Costs for the preceding Fiscal Year and setting forth the method by which•Tenant's Common Area's . Contribution was determined as herein provided. To the extent the aggregate of the monthly Common Areas Contributions paid by Tenant during such Fiscal year exceeds the amount which Is payable ir,i Tenant during such Fiscal Year,as provided in. Section 7.4,the difference shall be credited against the next succeeding monthly Common Areas Contribution to be made by Tenant under this Article,except during the last Lease Year of the term. For the last Lease Year,.Landlord will refund such excess to Tenant within thirty(30)days following the expiration-of the term,provided Tenant has discharged all of its obligations under this Lease. If the aggregate of the monthly Common Areas Contribution paid by Tenant during any Fiscal Year Is less than the actual amount due,Tenant shall.pay Landlord the difference between the amount paid by Tenant and the actual amount due, • within thirty(30)days of demand therefor by Landlord. Any claim by Tenant for revision of any statement submitted by Landlord hereunder for any such Fiscal Year,which is not made within thirty(30)days after receipt of such statement,shall be deemed waived and discharged. For the Fiscal Year in which this Lease commences or terminates, Tenant's Common Areas . Contribution shall be prorated,if applicable,on the basis of a 360 day year. i ARTICLE VIII . . TAXES,INSURANCE AND INDEMNIFICATION • . 8.1 Taxes. Beginning at Lease Commencement,Tenant shall pay to Landlord as additional rent,its Tenant Fraction of the real estate taxes and assessments levied and assessed against the Premises and Shopping Center,provided that Tenant shall pay to'Landlord for each year as additional rent,Tenants Tax Contribution(as defined in the following sentence). For Purposes, of this Lease,Tenant's'Tax Contribution'for a Lease Year shall be the Tenant Fraction of the taxes actually paid by Landlord • e during such Lease Year,regardless of the tax period to which such taxes related;provided that not more than twelve(12)months taxes shall be taken Into account by Landlord for purposes of determining Tenants Tax Contribution for any Lease Year,and . provided further that if Landlord pays more than twelve(12)months taxes during any Lease Year,then the taxes for the period in . excess'of twelve(12)months(to the extent not previously taken into account for purposes of this Section)shall be carried • . forward to the next Lease Year or Lease years'and shall be taken into account by Landlord for purposes of computing Tenants Tax Contribution for such next Lease Year or Lease years. Providing,however,if the Building in which the Premises is located is separately assessed for tax purposes,then the Tenant Fraction shall be adjusted for purposes of the Tenants Tax Contribution.. The denominator of the Tenant's Tax Fraction shall be.the useable number of square feet of the building area.containing the Premises, and the numerator shall be the useable number of square feet of the Premises. Tenant shall pay,to Landlord, .. • concurrently with Tenants payments of the monthly Installments of Minimum Rent,an amount equal to one-twelfth(1/12)of • • Tenants estimated Tax Contribution for the current Lease Year,as determined annually and communicated to Tenant in writing by Landlord;within thirty(30)days after the end of each Lease Year,Tenant shall pay to Landlord any unpaid portion of its actual . . • . . Tax Contribution for the final Lease Year or shall be entitled to a credit from Landlord for any excess Tax Contribution actually • . paid by Tenant for such Lease-Year. Tenants Tax Contribution for the final Lease Year.shall be prorated if such final Lease iYear contains less than twelve(12)full months. Tenant agrees to pay when due all property taxes of any kind that may be- assessed during the term of this Lease'against any persdnal property fixtures,or leasehold improvements of Tenant at any time • located in or about the Premises. . ' • 8.2 Public Liability&Casualty.insurance. Beginning at Lease Commencement Tenant shall pay as additionalrent Its . 1 Tenant Fraction of the general.liability Insurance and all risk property damage Insurance carried by Landlord for the Premises . • and Shopping Center. Providing,however,if the building in which the Premises is located is separately billed for Insurance . purposes,then the Tenant Fraction shall be adjusted for purposes of the Tenant's Insurance.Contribution. The denominator of • the Tenant's Insurance Fraction shall'be the useable number of square feet of the building area containing the Premises and the • • • . i F16ROKERSYhBnplQmmodd As lsekorth P WIP OA&C•710I N ITOT S LeissVcyem ec Naval LE tloc - ' • now or hereafter may be available for the joint and common use and benefit of Landlord,occupants of the Shopping Center and their employees,agents,servants.and other invitees including,without limitation:any pedestrian malls,customer and employee . • parking areas;access roads;driveways;fences;water,sanitary and storm sewer,gas,electric,telephone and other utility Fines, • systems,conduits,and facilities to the perimeter walls of any building;landscaped areas;loading areas;sidewalks;any Shopping Center Pylon or monument sign;and the facilities appurtenant to each and all of the foregoing. 7.2 Definition of Operating Costs. The term'Operating Cost"shall mean the total cost(other than the cost properly chargeable to capital account,except as herein specifically provided)and expense incurred in operating,maintaining,equipping, inspecting,protecting,and repairing the Common Areas in and on the Shopping Center,including,without limitation,the cost or expense of or incurred in connection with or reasonably attributable to lighting,heating,ventilating,air conditioning,and other • • utility expenses; gardening and landscaping (including planting, replanting, and replacing flowers and shrubs); cleaning; workmen's compensation insurance;fire protection (including,without limitation, installation and maintenance of an ADT or similar type system);fees for required licenses;personal property taxes;line painting;operating of loudspeakers and other • equipment supplying music; sanitary control; water charges;sewer service charges(including,without limitation, costs and expenses Incurred in connection with on-site and off-site sanitary storm and sewer systems servicing the Shopping Center); removal of ice, snow,trash,rubbish,debris,garbage and other refuse;security and traffic direction services;personnel to provide and supervise such services,and to police the Common Areas(including without limitation,wages,unemployment,and social security taxes and the cost of uniforms for such personnel);and Shopping Center management fees. 7.3 Operation by Landlord. Notwithstanding anything set out in this Lease to the contrary, it is agreed that(i)-all Common Areas shall be subject to the exclusive control and management of Landlord,and Landlord shall have the right at any • time,once or more often,to change the size,area,level,location and arrangement of the access roads,parking areas,and other Common Areas thereon and therein and to permit the owners or occupants of land located outside the Shopping Center and their invitees to use the Common Areas,(ii)Landlord shall have the right to temporarily close all or any portion of said parking areas and other common facilities in order to make repairs,changes and additions thereto. 7.4 Common Areas Contribution. In each Fiscal Year Tenant shall pay to Landlord Tenants Fraction of the°Operating Costs'(as defined in Subsection 7.2). . 7.5 Payment. Beginning at Lease Commencement,the Common Areas Contribution payable by Tenant under this Article shall be paid in monthly installments on the first day of each calendar month in advance,in an amount reasonably estimated by . Landlord. Within sixty(60)days after the end of each Fiscal year,Landlord shall furnish Tenant with a statement summarizing • the actual Operating Costs for the preceding Fiscal Year and setting forth the method by which Tenant's Common Areas • • • Contribution was determined as herein provided. To the extent the aggregate of the monthly Common Areas Contributions paid • by Tenant during such Fiscal year exceeds the amount which is payable by Tenant during such Fiscal Year,as provided in Section 7.4,the difference shall be credited against the next succeeding monthly Common Areas Contribution to be made by Tenant under this Article,except during the last Lease Year of the term. For the last Lease Year,.Landlord will refund such excess to Tenant within thirty(30)days following the expiration of the term,provided Tenant has discharged all of its obligations • under this Lease. If the aggregate of the monthly Common Areas Contribution paid by Tenant during any Fiscal Year is less than the actual amount due,Tenant shall pay Landlord the difference between the amount paid by Tenant and the actual amount due, within thirty(30)days of demand therefor by Landlord. Any Balm by Tenant for revision of any statement submitted by Landlord hereunder for any such Fiscal Year,which is not made within thirty(30)days after receipt of such statement,shall be deemed waived and discharged. For the Fiscal Year in which this Lease commences or terminates, Tenants Common Areas• • Contribution shall be prorated,if applicable,on the basis of a 360 day year. • i ARTICLE VIII TAXES,INSURANCE AND INDEMNIFICATION 8.1 Taxes. Beginning at Lease Commencement,Tenant shall pay to Landlord as additional rent,its Tenant Fraction of the real estate taxes and assessments levied and assessed against the Premises and Shopping Center,provided that Tenant shall pay to Landlord for each year as additional rent,Tenant's Tax Contribution(as defined in the following sentence). For Purposes. of this Lease,Tenant's Tax Contribution'for a Lease Year shall be the Tenant Fraction of the taxes actually paid by Landlord during such Lease Year,regardless of the tax period to which such taxes related;provided that not more than twelve(12)months taxes shall be taken Into account by Landlord for purposes of determining Tenant's Tax Contribution for any Lease Year,and provided further that if Landlord pays more than twelve(12)months taxes during any Lease Year,then the taxes for the period in excess of twelve(12)months(to the extant not previously taken into account for purposes of this Section)shall be carried • forward to the next Lease Year or Lease years and shall be taken into account by Landlord for purposes of computing Tenant's Tax Contribution for such next Lease Year or Lease years. Providing,however,if the Building in which the Premises is located is separately assessed for tax purposes,then the Tenant Fraction shall be adjusted for purposes of the Tenant's Tax Contribution. • The denominator of the Tenant's Tax Fraction shall be the useable number of square feet of the building area containing the Premises, and the numerator shall be the useable number of square feet of the Premises. Tenant shall pay to Landlord, concurrently with Tenants payments of the monthly Installments of Minimum Rent,an amount equal to one-twelfth(1/12)of Tenant's estimated Tax Contribution for the current Lease Year,as determined annually and communicated to Tenant in writing by Landlord;within thirty(30)days after the end of each Lease Year,Tenant shall pay to Landlord any unpaid portion of its actual • Tax Contribution for the final Lease Year or shall be entitled to a credit from Landlord for any excess Tax Contribution actually paid by Tenant for such Lease.Year. Tenant's Tax Contribution for the final Lease Year shall be prorated If such final Lease Year contains less than twelve(12)full months. Tenant agrees to pay when due all property taxes of any kind that may be assessed during the term of this Lease against any personal property fixtures,or leasehold improvements of Tenant at any time • located in or about the Premises. • 8.2 Public Liability&Casualty Insurance. Beginning at Lease Commencement Tenant shall pay as additional rent its Tenant Fraction of the general fiability Insurance and all risk property damage Insurance carried by Landlord for the Premises . • and Shopping Center. Providing,however,if the building in which the Premises is located is separately billed for insurance . purposes,then the Tenant Fraction shall be adjusted for purposes of the Tenant's Insurance Contribution. The denominator of . the Tenant's Insurance Fraction shall be the useable number of square feet of the building area containing the Premises and the • MBROIERSVInkptdomAll{b Leedio N MY R Mho. C•2101 N 17211 Wati rl MACAW • the building area containing the Premises and the • • • . i F16ROKERSYhBnplQmmodd As lsekorth P WIP OA&C•710I N ITOT S LeissVcyem ec Naval LE tloc - ' numerator shall be the useable number of square feet of the Premises. Tenant will not use or occupy the Premises in a manner • that would invalidate or cause an increase in the cost of such insurance. Tenant,at its expense,atall times during the term of this Lease and any other period of occupancy of the Premises by Tenant shall obtain and keep in force with respect to the Premises comprehensive public liability insurance in form customarily written for the protection of owners,landlords,and tenants of real estate,with Landlord and Tenant as named insureds,which insurance shall provide coverage of not less than$2,000,000.00 which will be adjusted every five(5)years based on the CPI for each occurrence of bodily injury,death or property damage. The policies for all such insurance shall provide that they may not be canceled without at least thirty(30)days'prior written notice to Landlord. Tenant shall furnish to Landlord appropriate certificates evidencing that such Insurance Is in force. Tenant shall obtain Landlord's prior approval to the insurance company Tenant selects for Issuance of insurance coverage required by this Section. • Tenant agrees,at its expense,during the term of this Lease and any other period of occupancy of the Premises by . Tenant to obtain and keep in force with respect to Tenants leasehold Improvements,inventory,fixtures and equipment,signs • and other personal property in the Premises replacement value fire and broad form extended coverage insurance on at least eighty percent(80%)co-insurance basis; Landlord shall be included as a named insured under the policies providing such insurance with respect to Tenants leasehold improvements,and Tenant shall furnish Landlord with an appropriate certificate evidencing that all insurance required by this Section of this Lease is in force and that Landlord is a named Insured thereunder as • to such leasehold Improvements;and such policies shall provide that they may not be canceled without at least thirty(30)days• prior written notice to Landlord. • 8.3 Waiver of Subrogation Claims. Each party hereto hereby waives any and all daims for or right of recovery which . such party or anyone claiming through such party may have against the other party hereto(or such other party's officers,agents,' • or employees)for,or with respect to,any loss of or damage to such waiving party's property or for any business interruption • which is insured or Indemnified under valid polices,whether or not such loss,damage,or business interruption is caused by the • negligence of such other party or such other party's officers,agents,employees,or any other person or persons for whose actions such other party may be responsible or liable;provided,that the foregoing waiver shall be effective only to the extent of the insurance proceeds actually collected under such policies in respect of such loss,damage,or business interuption and only • .• when permitted by the applicable insurance policy. Such waiver of claims by Tenant also shall operate as a similar waiver In favor of the other tenants of the Shopping Center and the respective officers,agents and employees or such other tenants. • 8.4 Indemnification. Tenant hereby Indemnifies Landlord against,and agrees to hold landlord harmless from,any and ail claims or demands of any third party arising from,or based upon,any act,omission,or negligence of Tenants contractors, agents,invitees,customers,employees,or anyone else for whom Tenant may be responsible. In the event that Landlord shall, without fault on its part,be made a party to any litigation commenced by any third party against Tenant,the Tenant shall hold Landlord harmless from such litigation and shall pay all costs,expenses,and reasonable attorneys'fees Incurred or paid by Landlord in connection with such litigation,together with any judgments rendered against Landlord. ARTICLE IX • DAMAGE OR DESTRUCTION 9.1 Damage or Destruction. If the Premises shall be partially or wholly damaged or destroyed by fire or any other • casualty except Tenants negligent or intentional acts,then Landlord forthwith shall proceed to repair and restore the Premises to at least the condition the Premises were in Immediately prior to such damage or destruction;provided,that Landlord's work shall • • • • not Include the repair or restoration of any improvements installed or other work done by Tenant in or about the Premises. If the Shopping Center is more than thirty three and one-third percent(33 1/3%)damaged or destroyed by fire or any other casualty covered by such insurance,then Landlord shall have the option either to cancel this Lease by notice to Tenant in writing within sixty(60)days after the occurrence of such damage or destruction or to repair and restore the Shopping Center to at least the condition it was in immediately prior to such damage or destruction,in which latter event this Lease shall continue in full force and effect provided,that Landlord's work shall not include the repair or restoration of any improvements installed or other work done by Tenant in or about the Premises. If Landlord repairs or restores the Premises or the Shopping Center,as the case may • • be, pursuant to this Section, then Tenant at its expense promptly shall repair, restore or replace all of its leasehold Improvements, trade fixtures,and personal property damaged or destroyed by such fire or other casualty. In the event of . termination,all proceeds from Tenants fire and extended coverage insurance under Paragraph 8.2 covering Tenants Leasehold • Improvements,but excluding proceeds for trade fixtures,merchandise,signs and other removable personal property,.shall be . disbursed and paid to Landlord. • 9.2 Abatement of Rent. In the event of.any damage to,or destruction of,the Premises which makes the Premises in whole or In part unfit for use by Tenant in the normal course of its business in the Premises,then the Minimum Rent;or a proportionate part thereof based upon that portion of the Premises which is unfit for use by Tenant in the normal course of its business,shall abate until the Premises have been repaired or restored by Landlord. Nothing In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • • • . 11.1 Default. If Tenant defaults in the payment of any rent or other sums due and payable by Tenant to Landlord under this Lease for a period of more than five(5)days after the particular payment was due,or if Tenant violates or defaults in the performance of any covenant,agreement,or other condition contained in this Lease(other than the payment of rent or other sums payable under this lease)for a period of more than ten(10)days after written notice of such violation or default has been given by Landlord to Tenant(or,In the case of a default not curable within ten(10)days,if Tenant shall fail to commence to cure such default within such ten(10)days and thereafter proceed diligently to complete the cure thereof),then Landlord,at its • option,may re-enter and repossess the Premises,with or without process of law,and,at Its option,may dedare this Lease • terminated and the term of this Lease ended forthwith;and Landlord shall not be liable for damages by reason of such re-entry and repossession. Notwithstanding such re-entry and repossession by Landlord and whether or not Landlord exercises its option . to terminate this Lease,the liability of Tenant for the payment of the rent and other sums due or to become due under this.Lease and for the performance of Tenants other obligations under this Lease for the remainder of the term of this Lease(determined as if landlord had not terminated this Lease)shall not be relinquished or extinguished but shall continue in full force and effect;and Landlord at any time may commence such one or more actions as it may deem necessary to collect any sums due from or payable by Tenant under this Lease for such period. In the event of any such re-entry and repossession,Landlord shall have the right to relet all or any portion of the Premises upon such terms and conditions as Landlord may deem appropriate;and any such reletting shall not relieve Tenant of any of its obligations to Landlord under this Lease,except to the extent of any net rentals • actually received by Landlord from such reletting after deducting all of Landlord's expenses(induding,but not limited to,legal expenses,brokerage commissions,and the costs of remodeling the Premises so as to render the Premises suitable for reletting) incurred in preparing for and accomplishing such reletting. Tenant further agrees to pay,in addition to the rent and other sums payable under this Lease,such additional sums as a court of competent jurisdiction may adjudge reasonable as attorneys'fees • In any suit or action instituted by Landlord to enforce the provisions of this Lease or the collection of the rent or other sums. • payable by Tenant under this Lease. Tenant hereby waives any right of redemption that it may have under any present or future law in the event Tenant is evicted from or dispossessed of the Premises by reason of Tenants Default Unless Landlord otherwise agrees In writing,Tenant's surrender of possession of the Premises to Landlord prior to the end of the term of this Lease and Landlord's acceptance of such surrender shall not effect a termination of this Lease or release Tenant from any of its obligations under this Lease for the remainder of the term of this Lease. • 11.2 Bankruptcy. In the event Tenant becomes the subject of voluntary or involuntary proceedings under the federal bankruptcy statutes as in effect from lime to time,Landlord shall have all of the rights and remedies available to a landlord under such statutes in such an event Such event also shall constitute a default under this Lease,and Landlord thereupon may exercise all of its rights and remedies under Section 11.1 unless prohibited from doing so by such statutes. C�1.3 Security Deposit. Upon execution of the security deposit held for Spotlight,Inc.under Lease dated October 17', • '003 for the space at 2101 N 120s St Ste C-1,C-2,shall also stand as security deposit for this Lease.Such security deposit • shall be held by Landlord,without interest,as security for the faithful performance by Tenant of all the terms of this Lease to be • observed and performed by Tenant • 11.4 Waivers. One or more waivers by Landlord or Tenant of a breach of any covenant or condition by the other of them shall not be construed as a waiver of a subsequent breath of the same covenant or condition,and the consent or approval by Landlord or Tenant to or of any act by either requiring the other's consent or approval shall not be deemed to waive or render unnecessary either party's consent to,or approval of,any subsequent similar act by the other party. No waiver or consent of either party shall be binding unless In writing,and Landlord's acceptance of rent with knowledge of the existence of any breach of this Lease by Tenant shall not constitute a waiver of such breach. 11.5 Cumulative Rights. The rights,options,elections and remedies of Landlord and Tenant contained in this Lease shall • be cumulative and may be exercised on one or more occasions;and none of them shall be construed as excluding any other or additional right,priority or remedy allowed or provided by law. ARTICLE XII • ENTRY BY LANDLORD • 12.1 Entry by Landlord. Landlord shall have the right to enter upon the Premises at all reasonable hours for the purpose of inspecting the Premises,for the purpose of making repairs,additions or alterations thereto,or for any other lawful purpose; provided,such entry shall not unreasonably interfere with the conduct of Tenants business. For a period commencing six(6) . • months prior to the expiration of this Lease,Landlord may have reasonable access to the Premises for the purpose of exhibiting the Premises to prospective tenants thereof and may display'For Rent'signs on the Premises. • • ARTICLE XIII EMINENT DOMAIN • 13.1 Eminent Domain. If the whole of the Premises or the Shopping Center or the parking area in the Shopping Center shall be taken under the power of eminent domain,then this Lease shall terminate and expire as of the date upon which the title • vests in the public authority involved;the rent and any other sums payable under this Lease shall be prorated as of such date, and Landlord shall be released from any further liability under this Lease. If more than twenty-five(25%)percent,but less than all of the floor area of the Premises or of the Shopping Center shall be taken or condemned,or if the ratio of square feet of parking area in the Shopping Center to the square feet of all leasable floor space in the buildings then located in the Shopping Center is reduced to less than 31/2 to 1 through condemnation or eminent domain proceedings,then either Landlord or Tenant may terminate this Lease by serving upon the other party a written notice of termination effective as of the date upon which possession must be surrendered to the public authority involved. In the event that such option to terminate is exercised,the Minimum Rent and any other sums payable under this Lease shall be prorated as of such date of surrendered possession,and Landlord and Tenant shall be released from any further liability under this Lease. Landlord shall be entitled to the entire award or compensation in such proceedings,whether such damages shall be awarded as compensation for demunition in value of the leasehold or for the fee of the Premises. The rental and other charges for the lease month on the Tenants occupancy shall be prorated. Nothing herein shall be construed to prelude Tenants rights to receive compensation or damages for the unamortized • • cost depreciated on a straight-line basis over the original term of this Lease of fixtures and removable.personal property; • provided,however,that no such daims shall diminish Landlord's award or the award of Landlord's mortgage. For the purposes I:BROKERSUtlFgsi(LunadY Ps luMNa0,hd1NP O.. C•2101 N 170,1§ ssalde„w Mar*LEsubc •, ptdomAll{b Leedio N MY R Mho. C•2101 N 17211 Wati rl MACAW • the building area containing the Premises and the • • • . i F16ROKERSYhBnplQmmodd As lsekorth P WIP OA&C•710I N ITOT S LeissVcyem ec Naval LE tloc - ' • • of this Paragraph 13.1,a voluntary sale or conveyance in lieu of condemnation,but under the threat of condemnation,shall be deemed an appropriation or taking under the power of eminent domain. ARTICLE XIV SUBORDINATION OF LEASE;ESTOPPEL CERTIFICATES 14.1 Subordination of Lease. 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 Building or any part thereof,and Tenant agrees to execute,acknowledge,and deliver to Landlord,upon request,any and all instruments that may be necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be requited by • Landlord. In the event any proceedings are brought for the foreclosure of any mortgage on the Premises,Tenant will attom to the purchaser at the foreclosure sale and recognize such purchaser as the Landlord under this Lease. The purchaser,by virtue of such foreclosure,shall be deemed to have assumed,as substitute Landlord,the terms and conditions of this.Lease until the resale or other disposition of its interest Such assumption,however,shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. . • Tenant agrees to execute and deliver such further assurances and other documents,including a.new lease upon the same terms and conditions contained herein,confirming the foregoing,as such purchaser may reasonably request Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 14.2 Estoppel Certificates. Tenant,from time to time upon written request from Landlord,agrees to execute,acknowledge • and deliver to Landlord,in form reasonably satisfactory to Landlord,a written statement certifying that Tenant has accepted the Premises,that this Lease is unmodified and in full force and effect(or,if there have been modifications,that this Lease is in full force and effect as modified,setting forth the modifications),that the Landlord has performed all of its obligations under this Lease and Is not in default under this Lease,the date to which the rent and other sums payable by Tenant under this Lease have been paid in advance(if any),the commencement and termination dates of the term of this Lease,and such additional facts as reasonably may be required by Landlord. Tenant understands and agrees that any such statement delivered pursuant to this Section may be relied upon by a prospective purchaser of the Premises or by any mortgagee or prospective mortgagee of the Premises,and their respective successors and assigns. ARTICLE XV EXCLUSIVE COVENANTS AND EASEMENTS • 15.1 Exclusive Covenants and Easements. Notwithstanding anything to the contrary contained herein,this Lease is subject to and made on the understanding that Landlord has or will grant certain exclusive use rights to other tenants,owners,or occupants of the Shopping Center(herein the'Exclusive Covenants')pursuant to Leases or Operating Agreements(defined. below) Tenant acknowledges that Tenants use and/or occupancy of the Premises in violation of any current or future Exclusive Covenants or Operating Agreements would subject Landlord to substantial damages and Tenant agrees that any violation by Tenant of any Exclusive Covenants or Operating Agreements shall constitute a default hereunder entitling Landlord to immediately upon delivery of notice to Tenant to cancel this Lease,or to obtain relief from a court of competent jurisdiction enjoining Tenant from violating such Exclusive Covenants or Operating Agreements or to exercise any of the remedies stated herein and any other remedies available under the Law of the state where the Premises are located. Landlord acknowledges that the use in Section 1.1(n)does not violate any existing Exclusive Covenants or Operating Agreements. ARTICLE XVI MISCELLANEOUS PROVISIONS 16.1 Holdover. In the event that Tenant remains in possession of the Premises after the expiration or termination of this Lease, then Tenant shall be deemed to be occupying the Premises as a Tenant from month to month,subject to all of the conditions,provisions and obligations of this Lease,but without any rights to extend the term of this Lease;provided,that the Minimum Rent payable by Tenant during any such period of holdover shall be computed at the rate of one hundred twenty-five. (125%)percent of the Minimum Rent payable by Tenant during the Lease Year most recently ended. Landlord's acceptance of rent from Tenant in such event shall not alter the status of Tenant as a month-to-month tenant whose occupancy of the Premises may be terminated by Landlord at any time upon month's notice in advance. 16.2 Notices. Any notice to be given hereunder shall be given in writing and be sent by registered or certified mail to the address set forth as a Fundamental Lease Provision in Subsection 1.1(b)or(d). Either party may by written notice to the other party change the address at which It wishes to receive any notice given under this Lease. 16.3 Relationship of Parties. Nothing contained in this Lease shall be deemed or construed by Landlord or Tenant,or by any third party,to create the relationship of principal and agent's partnership or joint venture between Landlord and Tenant or • any relationship other than Landlord and Tenant. • 16.4 Time of Essence. Time is of the essence of this Lease,and all provisions of this Lease relating to the time or performance of any obligation under this Lease shall be strictly construed. 16.5 Brokers. Tenant warrants that it had no dealings with any broker or agent in connection with the negotiation or execution of this Lease,other than Landlord's broker,if any,and Tenant agrees to Indemnify Landlord against,and to hold • PiBKOKERSWaYip1C0m0Wd tr LeNdikketh ParLWP Cb®pitMC•2101N 13M SALkokiiPerat Rail= IEredaa ng In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • Landlord harmless from,any expense or liability for commissions or other compensation or charges claimed by any other such broker or agent with respect to this Lease. 16.6 Severability. If any provision of this Lease shall be declared legally invalid or unenforceable,then the remaining provisions of this Lease nevertheless shall continue in full force and effect and shall be enforceable to the fullest extent permitted by law. 16.7 Number and Gender. Where the context of this Lease requires,singular words shall be read as if plural,plural words shall be read as If singular,and words of neuter gender shall be read as if masculine or feminine. 16.8 Captions and Interpretations. The captions,section numbers,article numbers and table of contents appearing in this Lease in no way define,limit,construe or describe the scope or intent of such sections or articles of this Lease. The language in all parts of this Lease shall in all cases be construed as a whole according to its fair meaning,and not strictly for nor against either Landlord or Tenant,and should a court be called to interpret any provision hereof,no weight shall be given to,nor shall any construction or interpretation be influenced by,any presumption of preparation of a Lease by Landlord or by Tenant 16.9 Multiple Counterparts. This Lease may be executed In multiple counterparts,each of which shall be deemed to be an original for all purposes. 16.10 Governing Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. 16.11 Binding Agreement. All rights and liabilities given to,or imposed upon,Landlord or Tenant in this Lease shall.extend to,and bind,their respective heirs,executors,administrators,personal representatives,successors and assigns provided that such assignment has been approved in writing by Landlord. 16.12 Entire Agreement. Landlord and Tenant hereby agree that this document contains the entire agreement between them and that there are no other agreements,written or verbal,between them pertaining to the Premises orr the subject matter hereof. This Lease may not be amended or supplemented orally,but only by an agreement In writing which has been signed by the party against whom enforcement of any such amendment or supplement is sought. 16.13 Attorney's Fees. In the event that at any time during the term of this Lease,either Landlord or Tenant shall institute any action, proceeding,or appeal against the other relating to the provisions of this Lease,or incur any:attorneys fees in connection with any default hereunder,then the unsuccessful party In such action or proceeding shall reimburse the successful party for the reasonable expenses of attorneys fees and expenses incurred therein by the successful party. 16.14 Sale by Landlord. In the event of any sale or exchange of the Premises by Landlord or assignment by Landlord of this Lease,the selling,exchanging or assigning Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act,occurrence or omission relating to the Premises or this Lease that occurs after the consummation of such sale,exchange or assignment provided such purchaser or assignee shall expressly assume said covenants and obligations of Landlord. 16.15 Rules and Regulations. Landlord and Tenant agree to be governed by Rules and Regulations that the Landlord shall from time to time promulgate and such Rules and Regulations are expressly made a part of this Lease. • 16.16 Option to Renew 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 its obligations hereunder,the Tenant shall have the right,at its option, to extend this lease for one(1)additional term of five(5)years except that the Rent for the Premises during such extended according to Option Rent referred to in paragraph 1.1(I).Such option shall be null and void if Tenant shall fail to notify the Landlord in writing,at any time during the term hereof but not later than six(6)months prior to the expiration of such term. 16.17 First Month's Rent. Rent for the first month that rent is due,in the amount of$2,625.00,will be paid prior to the first months It is due. 16.18 Exhaust and Plumbing. Tenant Is responsible for all intake and exhaust systems within the leased Premises. Any grease exhaust system which is vented through the roof must have a filtration system installed at the roof vent The grease exhaust system must be leaned on a ouarterlv basis,at the Tenant's expense,and documentation of the cleaning sent in writing to the Landlord. Tenant will be responsible for any roof damage caused by the accumulation of grease or cooking residue on the roof surface. Additionally,the plumbing facilities shall not be used for any purpose other than that which they are constructed,and no grease or foreign substance of any kind shall be disposed of therein,and the expense of any breakage,stoppage or damage(both within and outside the Lease Premises)resulting from a violation of this rule shall be the responsibility of the Tenant Landlord,at Landlord's election,may require Tenant to participate in a regular maintenance program to,jet clean the property sewer line at Tenant's cost 16.19 Odors. At Initial construction'and throughout the term of this Lease,Tenant will make commercially reasonable efforts to eliminate obnoxious odors from escaping from the Premises into other portions of the building in which the Premises is located. Commercially reasonable efforts shall include,but are not limited to the following: 1. Tenant shall professionally design and Install exhaust and air replacement systems that meet or exceed current code and are customary for similar quality restaurants. . 2. Such exhaust will be located an appropriate distance from neighboring air intake vents. , FABOOKBRlLj JcommvdJ LorsekNoorbp NP CovmNtC•2101 N IMA Si bascOftrao Raamml LPwndoo • • PiBKOKERSWaYip1C0m0Wd tr LeNdikketh ParLWP Cb®pitMC•2101N 13M SALkokiiPerat Rail= IEredaa ng In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • 3. Such systems will be checked no less frequently than quarterly to insure they are performing as•; i 1 ned. 4. Within two(2)business days of notification from Landlord of complaints about obnoxious odors mi •I • � such systems and report the findings to Landlord within two(2)business days thereafter,and rhake: * repairs or adjustments to such system. MAY 2 9 2008 LANDLORD:.VK Blondo Properties,LP, TENANT:Spoti.ht Inc. NEBRAS il LIQUOR A Nebraska' ited artsip /tCONTROL CCMMIABIAN BY: G2% iyl �fi BY: • ITS: ‘e,,i ITS: /API 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 modification of this lease. Dated this (5 day of April,2008. BY R-3...1614V PRINT NAME: Peyton Pratt 1 /� HOME ADDRESS: I Y 4!Z f Gr t. CITY,STATE,ZIP: .(9 I4 4) 1 t'n FfI, SOCIAL SECURITY NUMBER: 507- q- 941) • %BROKPANLIIe�Oom mdNrt MVO b Is Co,mm'C•Z101 N IPOd SOI. ?)me Ra 19, 2 Lambe erning Law. This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska. 16.11 Binding Agreement. All rights and liabilities given to,or imposed upon,Landlord or Tenant in this Lease shall.extend to,and bind,their respective heirs,executors,administrators,personal representatives,successors and assigns provided that such assignment has been approved in writing by Landlord. 16.12 Entire Agreement. Landlord and Tenant hereby agree that this document contains the entire agreement between them and that there are no other agreements,written or verbal,between them pertaining to the Premises orr the subject matter hereof. This Lease may not be amended or supplemented orally,but only by an agreement In writing which has been signed by the party against whom enforcement of any such amendment or supplement is sought. 16.13 Attorney's Fees. In the event that at any time during the term of this Lease,either Landlord or Tenant shall institute any action, proceeding,or appeal against the other relating to the provisions of this Lease,or incur any:attorneys fees in connection with any default hereunder,then the unsuccessful party In such action or proceeding shall reimburse the successful party for the reasonable expenses of attorneys fees and expenses incurred therein by the successful party. 16.14 Sale by Landlord. In the event of any sale or exchange of the Premises by Landlord or assignment by Landlord of this Lease,the selling,exchanging or assigning Landlord shall be and is hereby entirely freed and relieved of all liability under any and all of its covenants and obligations contained in or derived from this Lease arising out of any act,occurrence or omission relating to the Premises or this Lease that occurs after the consummation of such sale,exchange or assignment provided such purchaser or assignee shall expressly assume said covenants and obligations of Landlord. 16.15 Rules and Regulations. Landlord and Tenant agree to be governed by Rules and Regulations that the Landlord shall from time to time promulgate and such Rules and Regulations are expressly made a part of this Lease. • 16.16 Option to Renew 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 its obligations hereunder,the Tenant shall have the right,at its option, to extend this lease for one(1)additional term of five(5)years except that the Rent for the Premises during such extended according to Option Rent referred to in paragraph 1.1(I).Such option shall be null and void if Tenant shall fail to notify the Landlord in writing,at any time during the term hereof but not later than six(6)months prior to the expiration of such term. 16.17 First Month's Rent. Rent for the first month that rent is due,in the amount of$2,625.00,will be paid prior to the first months It is due. 16.18 Exhaust and Plumbing. Tenant Is responsible for all intake and exhaust systems within the leased Premises. Any grease exhaust system which is vented through the roof must have a filtration system installed at the roof vent The grease exhaust system must be leaned on a ouarterlv basis,at the Tenant's expense,and documentation of the cleaning sent in writing to the Landlord. Tenant will be responsible for any roof damage caused by the accumulation of grease or cooking residue on the roof surface. Additionally,the plumbing facilities shall not be used for any purpose other than that which they are constructed,and no grease or foreign substance of any kind shall be disposed of therein,and the expense of any breakage,stoppage or damage(both within and outside the Lease Premises)resulting from a violation of this rule shall be the responsibility of the Tenant Landlord,at Landlord's election,may require Tenant to participate in a regular maintenance program to,jet clean the property sewer line at Tenant's cost 16.19 Odors. At Initial construction'and throughout the term of this Lease,Tenant will make commercially reasonable efforts to eliminate obnoxious odors from escaping from the Premises into other portions of the building in which the Premises is located. Commercially reasonable efforts shall include,but are not limited to the following: 1. Tenant shall professionally design and Install exhaust and air replacement systems that meet or exceed current code and are customary for similar quality restaurants. . 2. Such exhaust will be located an appropriate distance from neighboring air intake vents. , FABOOKBRlLj JcommvdJ LorsekNoorbp NP CovmNtC•2101 N IMA Si bascOftrao Raamml LPwndoo • • PiBKOKERSWaYip1C0m0Wd tr LeNdikketh ParLWP Cb®pitMC•2101N 13M SALkokiiPerat Rail= IEredaa ng In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • Exhibit"A"Page 1 of 2 • Premises Is outlined and also Includes A prorata share of non-public drives connecting to adjacent streets • • . i / . . ,/. .,, .. . : . ... , • ... .•...: /..„..... .,, . •• /......,. . ,Rii . •,. .. . . ,. ii.. ;. . . • ___,_„ ......., :..„, io / ,. . • 1 / E . ir . :_ r !IP i .aD it aoa •• i1` o a Li �I1 z 9 9 _ i li• � I11�1111N 1 � At 0 I NORTH • MROKEPSVbiM.M®vdY b LatseNarth Park WPCa®mMC-2101 N 1200,STLmeARyoo..nr,Lama. ' lV • • Exhibit"A"Page 2 of 2 Premises is highlighted • RETAIL"C" 2101 North 120th Street Lin _ A / 1► ; :: 2a as lafirk I1j. hg , 4 r; . r.• N _ i M3 m . ' 120,BLONDES ? � ate„HEARTLAND KICKS.N STICKS Q@QBII I 0 COMPUTERS . I 1 . r•''" .: :r Fl 2:4 - 0 9-- Ir . i. INVESTORS gEAL�0� : • P3BROICERSUPIROComads1 b LareNlart PN IPCommmARC-2101 N 12OA SNmelhpm Riy.,CRaamc - • � I11�1111N 1 � At 0 I NORTH • MROKEPSVbiM.M®vdY b LatseNarth Park WPCa®mMC-2101 N 1200,STLmeARyoo..nr,Lama. ' lV I - i EXHIBIT "B" LANDLORD'S WORK Landlord shall provide to Tenant the Premises as-is Tenant Improvement Allowance: In addition to the improvements above, the Landlord shall provide Tenant with a cash allowance equal to nine thousand four hundred thirty five and No/100($9.435.001 to be used for the Tenant's Improvements to the Premises.Such allowance shall be paid within 15 days of Landlords receipt of written request for payment from Tenant, accompanied by a copy of a Certificate of Occupancy from the city of Omaha,copies of invoices;proof of payment and signed lien waivers evidencing payment to all contractors for Tenant's work. • F!HROKERNlalop`Co,,od,I tmNb0 POWP Ce J0C.1101 N 1I00500 Pgl0R0y2,0 NasO, IL 1 � At 0 I NORTH • MROKEPSVbiM.M®vdY b LatseNarth Park WPCa®mMC-2101 N 1200,STLmeARyoo..nr,Lama. ' lV • EXHIBITE �� RULES AND REGULATIONS RECEIVED TENANT AGREES AS FOLLOWS: MAY 2 9 2008 • 1. Tenant shall use Its best efforts to complete all deliveries,loading,unloading and services rj prior to 10:00 a.m.of each day. Tenant shall attempt to prevent delivery trucks or other vehicles s1d OPMOR parking or standing in front of,or at the rear of the premises from 10:00 A.M.to 9:00 P.M.of each day. • MISSION 2. Tenant shall not,without the prior consent of Landlord,allow any vending,amusement or gaming machines on the • premises,or use or permit any person to use the premises or any part thereof for conducting a second-hand store, auction,distress, fire,bankruptcy or going-out-of business sale,or for any use or purpose in violation of any federal, . state,or local laws,ordinances,regulations and requirements and that during the term of this Lease the premises,and every part thereof,shall be kept by Tenant in a clean and sanitary condition,free from any objectionable.noises,odors and nuisances. 3. All trash and rubbish of Tenant shall be deposited only within receptacles provided or approved by Landlord and no other trash receptacles shall remain outside of the building. Landlord agrees to cause such receptacles to be emptied and trash removed at Tenant's cost and expense. 4. Tenant agrees at all times to conduct its business in a dignified,ethical,responsible,and reputable manner consistent with the highest standards of service and merchandising;and to store or stock only such goods,and merchandise in the premises as Tenant intends to offer for sale at retail in the premises. 5. No radio or television antenna,aerial,satellite dish,or other similar device shall be installed without first obtaining in each instance Landlord's written consent. 6. Tenant shall not affix or maintain upon the glass panes and supports of the windows(and within 24 Inches of any window),doors and the exterior walls of the premises,any signs,advertising placards,names,insignia,trademarks, descriptive material or any other such like Item or items except as shall have first received the written approval of the Landlord as to size,type,color,location,copy,nature and display qualities. Anything to the contrary in this Lease notwithstanding,Tenant shall not affix any sign to the roof of the premises. In addition,no advertising medium shall be utilized by Tenant which can be heard or experienced outside the premises, induding without limitation,flashing lights,search lights,loudspeakers,radios or televisions. Tenant shall not display, paint,place or cause to be displayed,painted or placed,any handbills,bumper stickers,or other advertising devices on any vehicle parked in the parking area of the Shopping Center,whether belonging to Tenant,or to Tenants agent,or to any other person;nor shall Tenant distribute,or cause to be distributed in the Shopping Center,any handbills,fliers or other advertising devices;nor shall Tenant disrupt,any patrons of the Shopping Center. In the event of a violation of this covenant by Tenant, Tenant shall pay to Landlord the cost and expense necessary to remove any such unauthorized material from the Shopping Center. • Tenant may not display or sell merchandise or allow carts,portable signs,devices or any other objects to be stored or remain outside the defined exterior walls,roof and doorways of the premises,nor on the common areas. 7. Tenant shall keep the leased premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. 8. The outside areas immediately adjoining the leased premises shall be kept dean and free from rubbish by Tenant to the satisfaction of Landlord,and Tenant shall not place or permit any obstruction or merchandise in such areas. 9. The plumbing facilities shall not be used for any other purpose than that for which they are constructed,and no foreign substance of any kind shall be thrown therein.The expense of any breakage,stoppage,or damage resulting from a violation of this provision shall be borne by Tenant or whose employees,agents or invitees shall have caused it. 10. Tenant shall use at Tenant's cost such pest extermination contractor as Landlord may direct and at such Intervals as Landlord may require. 11. Landlord may amend or add new rules and regulations not inconsistent with the terms of Tenant's lease. Landlord's Initials Tenan s Initials • F.'1BNOICER LIginsTa�vdal dr LaMNa1Y PrtLWP Ca®mANC-2101 N.1206 SN.meOPrym Rolm.LEnaf . 1J ouarterlv basis,at the Tenant's expense,and documentation of the cleaning sent in writing to the Landlord. Tenant will be responsible for any roof damage caused by the accumulation of grease or cooking residue on the roof surface. Additionally,the plumbing facilities shall not be used for any purpose other than that which they are constructed,and no grease or foreign substance of any kind shall be disposed of therein,and the expense of any breakage,stoppage or damage(both within and outside the Lease Premises)resulting from a violation of this rule shall be the responsibility of the Tenant Landlord,at Landlord's election,may require Tenant to participate in a regular maintenance program to,jet clean the property sewer line at Tenant's cost 16.19 Odors. At Initial construction'and throughout the term of this Lease,Tenant will make commercially reasonable efforts to eliminate obnoxious odors from escaping from the Premises into other portions of the building in which the Premises is located. Commercially reasonable efforts shall include,but are not limited to the following: 1. Tenant shall professionally design and Install exhaust and air replacement systems that meet or exceed current code and are customary for similar quality restaurants. . 2. Such exhaust will be located an appropriate distance from neighboring air intake vents. , FABOOKBRlLj JcommvdJ LorsekNoorbp NP CovmNtC•2101 N IMA Si bascOftrao Raamml LPwndoo • • PiBKOKERSWaYip1C0m0Wd tr LeNdikketh ParLWP Cb®pitMC•2101N 13M SALkokiiPerat Rail= IEredaa ng In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • PLANNING DEPARTMENT REPORT R r C DATE: JUNE 6, 2008 DUE DATE: JUNE F 20 0 8 JN I ' • 03 CITY COUNCIL HRG JUNE 24, 2008 CITY Ca i`,K LOCATION: 2101 NORTH 120TH STREET, SUITES C 5-7 F m A LIA , / LEGAL DESCRIPTION: ADDITION OF A BEER GARDEN APPROX 82' X 20' TO THE EAST APPLICANT: SPOTLIGHT,INC., DBA "120 BLONDES LOUNGE" REQUESTED LICENSE OR ACTION: ADDITION TO THE PRESENT CLASS "C" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BAR THIS REQUEST DOES(X) DOES NOT PERTAIN TO AN OUTSIDE AREA Q () IF OUTSIDE: OUTSIDE AREA IS kii/A 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. (Only if with last IM last24 months)onths) E I ING ZONING: C_- (i14, EXITING LAND USE: G 'P'Q�—. A JACLAND USE ZOIN IA-CS lc i- N T LL- SOU H. �rn � a UVZIA L EA / M IT�YJ )�� lP-\ IS�Lt LL WE T: 'Y(_JlJ-k \ ^ni KLS `4,N f IAA\ 15112LC.i is --- PARKING STALLS PROVID : S-E R�0 Ll.)/ I t2i? ` -E_IT�� EXISTING USE DOES DOES NOT COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S , `02- U \ 5 MEN'S (2 \ S '- O Ur t&iAC S 1 DATE SUBJECT PROPERTY WAS POSTED: 1 - (C..›- O cg (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: b V-- DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE I Z-7 �' 7- (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH U r SCHOOL ' PITAL_��UOM&FOR THE AGED,INDIGENT OR VETERANS C7VI- --C-6LLEGE OR UNIVERSITY , . (Authorized Signature) (Date) t received the written approval of the Landlord as to size,type,color,location,copy,nature and display qualities. Anything to the contrary in this Lease notwithstanding,Tenant shall not affix any sign to the roof of the premises. In addition,no advertising medium shall be utilized by Tenant which can be heard or experienced outside the premises, induding without limitation,flashing lights,search lights,loudspeakers,radios or televisions. Tenant shall not display, paint,place or cause to be displayed,painted or placed,any handbills,bumper stickers,or other advertising devices on any vehicle parked in the parking area of the Shopping Center,whether belonging to Tenant,or to Tenants agent,or to any other person;nor shall Tenant distribute,or cause to be distributed in the Shopping Center,any handbills,fliers or other advertising devices;nor shall Tenant disrupt,any patrons of the Shopping Center. In the event of a violation of this covenant by Tenant, Tenant shall pay to Landlord the cost and expense necessary to remove any such unauthorized material from the Shopping Center. • Tenant may not display or sell merchandise or allow carts,portable signs,devices or any other objects to be stored or remain outside the defined exterior walls,roof and doorways of the premises,nor on the common areas. 7. Tenant shall keep the leased premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. 8. The outside areas immediately adjoining the leased premises shall be kept dean and free from rubbish by Tenant to the satisfaction of Landlord,and Tenant shall not place or permit any obstruction or merchandise in such areas. 9. The plumbing facilities shall not be used for any other purpose than that for which they are constructed,and no foreign substance of any kind shall be thrown therein.The expense of any breakage,stoppage,or damage resulting from a violation of this provision shall be borne by Tenant or whose employees,agents or invitees shall have caused it. 10. Tenant shall use at Tenant's cost such pest extermination contractor as Landlord may direct and at such Intervals as Landlord may require. 11. Landlord may amend or add new rules and regulations not inconsistent with the terms of Tenant's lease. Landlord's Initials Tenan s Initials • F.'1BNOICER LIginsTa�vdal dr LaMNa1Y PrtLWP Ca®mANC-2101 N.1206 SN.meOPrym Rolm.LEnaf . 1J ouarterlv basis,at the Tenant's expense,and documentation of the cleaning sent in writing to the Landlord. Tenant will be responsible for any roof damage caused by the accumulation of grease or cooking residue on the roof surface. Additionally,the plumbing facilities shall not be used for any purpose other than that which they are constructed,and no grease or foreign substance of any kind shall be disposed of therein,and the expense of any breakage,stoppage or damage(both within and outside the Lease Premises)resulting from a violation of this rule shall be the responsibility of the Tenant Landlord,at Landlord's election,may require Tenant to participate in a regular maintenance program to,jet clean the property sewer line at Tenant's cost 16.19 Odors. At Initial construction'and throughout the term of this Lease,Tenant will make commercially reasonable efforts to eliminate obnoxious odors from escaping from the Premises into other portions of the building in which the Premises is located. Commercially reasonable efforts shall include,but are not limited to the following: 1. Tenant shall professionally design and Install exhaust and air replacement systems that meet or exceed current code and are customary for similar quality restaurants. . 2. Such exhaust will be located an appropriate distance from neighboring air intake vents. , FABOOKBRlLj JcommvdJ LorsekNoorbp NP CovmNtC•2101 N IMA Si bascOftrao Raamml LPwndoo • • PiBKOKERSWaYip1C0m0Wd tr LeNdikketh ParLWP Cb®pitMC•2101N 13M SALkokiiPerat Rail= IEredaa ng In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • 0AHq, Nth City ofOmaha g'fe6rasa ;� zIt� Y A i 1819 Farnam- Suite LC 1 ®2-til-k-:011""11� _ ; Omaha, Nebraska 68183-0112 0 v.� a: ' "'- Buster Brown (402) 444-5550 �� (\'' City Clerk FAX (402) 444-5263 0R'�tp FEBR +� June 10, 2008 Spotlight, Inc. Application for an addition to your present Dba"120 Blondes Lounge" Class "C"Liquor License location to add a 2101 North 120th Street, Suite C 5-7 beer garden approx. 82' x 20' 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 June 24, 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, ;" (i Buster Brown City Clerk BJB:clj tate Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH U r SCHOOL ' PITAL_��UOM&FOR THE AGED,INDIGENT OR VETERANS C7VI- --C-6LLEGE OR UNIVERSITY , . (Authorized Signature) (Date) t received the written approval of the Landlord as to size,type,color,location,copy,nature and display qualities. Anything to the contrary in this Lease notwithstanding,Tenant shall not affix any sign to the roof of the premises. In addition,no advertising medium shall be utilized by Tenant which can be heard or experienced outside the premises, induding without limitation,flashing lights,search lights,loudspeakers,radios or televisions. Tenant shall not display, paint,place or cause to be displayed,painted or placed,any handbills,bumper stickers,or other advertising devices on any vehicle parked in the parking area of the Shopping Center,whether belonging to Tenant,or to Tenants agent,or to any other person;nor shall Tenant distribute,or cause to be distributed in the Shopping Center,any handbills,fliers or other advertising devices;nor shall Tenant disrupt,any patrons of the Shopping Center. In the event of a violation of this covenant by Tenant, Tenant shall pay to Landlord the cost and expense necessary to remove any such unauthorized material from the Shopping Center. • Tenant may not display or sell merchandise or allow carts,portable signs,devices or any other objects to be stored or remain outside the defined exterior walls,roof and doorways of the premises,nor on the common areas. 7. Tenant shall keep the leased premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. 8. The outside areas immediately adjoining the leased premises shall be kept dean and free from rubbish by Tenant to the satisfaction of Landlord,and Tenant shall not place or permit any obstruction or merchandise in such areas. 9. The plumbing facilities shall not be used for any other purpose than that for which they are constructed,and no foreign substance of any kind shall be thrown therein.The expense of any breakage,stoppage,or damage resulting from a violation of this provision shall be borne by Tenant or whose employees,agents or invitees shall have caused it. 10. Tenant shall use at Tenant's cost such pest extermination contractor as Landlord may direct and at such Intervals as Landlord may require. 11. Landlord may amend or add new rules and regulations not inconsistent with the terms of Tenant's lease. Landlord's Initials Tenan s Initials • F.'1BNOICER LIginsTa�vdal dr LaMNa1Y PrtLWP Ca®mANC-2101 N.1206 SN.meOPrym Rolm.LEnaf . 1J ouarterlv basis,at the Tenant's expense,and documentation of the cleaning sent in writing to the Landlord. Tenant will be responsible for any roof damage caused by the accumulation of grease or cooking residue on the roof surface. Additionally,the plumbing facilities shall not be used for any purpose other than that which they are constructed,and no grease or foreign substance of any kind shall be disposed of therein,and the expense of any breakage,stoppage or damage(both within and outside the Lease Premises)resulting from a violation of this rule shall be the responsibility of the Tenant Landlord,at Landlord's election,may require Tenant to participate in a regular maintenance program to,jet clean the property sewer line at Tenant's cost 16.19 Odors. At Initial construction'and throughout the term of this Lease,Tenant will make commercially reasonable efforts to eliminate obnoxious odors from escaping from the Premises into other portions of the building in which the Premises is located. Commercially reasonable efforts shall include,but are not limited to the following: 1. Tenant shall professionally design and Install exhaust and air replacement systems that meet or exceed current code and are customary for similar quality restaurants. . 2. Such exhaust will be located an appropriate distance from neighboring air intake vents. , FABOOKBRlLj JcommvdJ LorsekNoorbp NP CovmNtC•2101 N IMA Si bascOftrao Raamml LPwndoo • • PiBKOKERSWaYip1C0m0Wd tr LeNdikketh ParLWP Cb®pitMC•2101N 13M SALkokiiPerat Rail= IEredaa ng In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • r. V Ajc//./c ffia,// / Z.13 NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that - SPOTLIGHT, INC. DBA "120 BLONDES LOUNGE" has'applied for an ADDITION TO THEIR PRESENT CLASS "C" EOn & Off Sale beer, wine and liquor] LIQUOR LICENSE LOCATION TO ADD A BEER GARDEN AREA APPROX. 82' X 20' TO THE EAST located at 2101 NORTH 120TH STREET, SUITES C 5-7 The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 24, 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. on 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, ;" (i Buster Brown City Clerk BJB:clj tate Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH U r SCHOOL ' PITAL_��UOM&FOR THE AGED,INDIGENT OR VETERANS C7VI- --C-6LLEGE OR UNIVERSITY , . (Authorized Signature) (Date) t received the written approval of the Landlord as to size,type,color,location,copy,nature and display qualities. Anything to the contrary in this Lease notwithstanding,Tenant shall not affix any sign to the roof of the premises. In addition,no advertising medium shall be utilized by Tenant which can be heard or experienced outside the premises, induding without limitation,flashing lights,search lights,loudspeakers,radios or televisions. Tenant shall not display, paint,place or cause to be displayed,painted or placed,any handbills,bumper stickers,or other advertising devices on any vehicle parked in the parking area of the Shopping Center,whether belonging to Tenant,or to Tenants agent,or to any other person;nor shall Tenant distribute,or cause to be distributed in the Shopping Center,any handbills,fliers or other advertising devices;nor shall Tenant disrupt,any patrons of the Shopping Center. In the event of a violation of this covenant by Tenant, Tenant shall pay to Landlord the cost and expense necessary to remove any such unauthorized material from the Shopping Center. • Tenant may not display or sell merchandise or allow carts,portable signs,devices or any other objects to be stored or remain outside the defined exterior walls,roof and doorways of the premises,nor on the common areas. 7. Tenant shall keep the leased premises at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. 8. The outside areas immediately adjoining the leased premises shall be kept dean and free from rubbish by Tenant to the satisfaction of Landlord,and Tenant shall not place or permit any obstruction or merchandise in such areas. 9. The plumbing facilities shall not be used for any other purpose than that for which they are constructed,and no foreign substance of any kind shall be thrown therein.The expense of any breakage,stoppage,or damage resulting from a violation of this provision shall be borne by Tenant or whose employees,agents or invitees shall have caused it. 10. Tenant shall use at Tenant's cost such pest extermination contractor as Landlord may direct and at such Intervals as Landlord may require. 11. Landlord may amend or add new rules and regulations not inconsistent with the terms of Tenant's lease. Landlord's Initials Tenan s Initials • F.'1BNOICER LIginsTa�vdal dr LaMNa1Y PrtLWP Ca®mANC-2101 N.1206 SN.meOPrym Rolm.LEnaf . 1J ouarterlv basis,at the Tenant's expense,and documentation of the cleaning sent in writing to the Landlord. Tenant will be responsible for any roof damage caused by the accumulation of grease or cooking residue on the roof surface. Additionally,the plumbing facilities shall not be used for any purpose other than that which they are constructed,and no grease or foreign substance of any kind shall be disposed of therein,and the expense of any breakage,stoppage or damage(both within and outside the Lease Premises)resulting from a violation of this rule shall be the responsibility of the Tenant Landlord,at Landlord's election,may require Tenant to participate in a regular maintenance program to,jet clean the property sewer line at Tenant's cost 16.19 Odors. At Initial construction'and throughout the term of this Lease,Tenant will make commercially reasonable efforts to eliminate obnoxious odors from escaping from the Premises into other portions of the building in which the Premises is located. Commercially reasonable efforts shall include,but are not limited to the following: 1. Tenant shall professionally design and Install exhaust and air replacement systems that meet or exceed current code and are customary for similar quality restaurants. . 2. Such exhaust will be located an appropriate distance from neighboring air intake vents. , FABOOKBRlLj JcommvdJ LorsekNoorbp NP CovmNtC•2101 N IMA Si bascOftrao Raamml LPwndoo • • PiBKOKERSWaYip1C0m0Wd tr LeNdikketh ParLWP Cb®pitMC•2101N 13M SALkokiiPerat Rail= IEredaa ng In this Section shall be construed to abate the Additional Rent due Landlord from Tenant under this Lease. ARTICLE X • ASSIGNMENT AND SUBLETTING • 10.1 Assignment and Subletting. Tenant shall have no right to assign this Lease or to sublet the Premises without the prior written consent of Landlord. In the event that Landlord In its absolute discretion gives Such consent,Tenant shall remain primarily liable to Landlord for the payment of the rent and the performance of all of Tenants other obligations under this Lease . for the remainder of the term of this Lease. Tenant shall not allow,or permit any transfer of this Lease,or of any interest in or rights under this Lease,by operation of law and shall not mortgage,pledge,or encumber this Lease,or any interest herein. ARTICLE XI DEFAULT,BANKRUPTCY,SECURITY INTEREST,AND SECURITY DEPOSIT' • • • • • MROKERSlhiy,VWmvadd b Le 4Nv0 M4/!Conrca6AC-2101 N Ina fNseVgla Rehm,L8.rJ,, OPERATION AND COST OF MAINTENANCE OF COMMON AREAS • I 7.1 Definition of Common Areas. The term'Common Areas'shall mean at areas within the exterior.boundarles and . • ingress and egress roadways of the Shopping Center,and private drives providing Ingress egress to public streets,which are• • • i F BRUREU'11�h4t dl b Ierdlie 5 PhWP Ca.wmMC•1101 N IIUA AYm1Rib M+v�,iP..eAx • • C 2 H 2 7 CD k 7 \ 7. A q c)7 ? \. ƒ CL ° "0 _ - 006 � c R \ § ~ tzl- g / ® / cr p 30o et. § I §' �IIt 0 A a - 7 0 2 p �` n hzi Ca, n � % O co e „ §w 7 n k cm » z cn , - of of payment and signed lien waivers evidencing payment to all contractors for Tenant's work. • F!HROKERNlalop`Co,,od,I tmNb0 POWP Ce J0C.1101 N 1I00500 Pgl0R0y2,0 NasO, IL 1 � At 0 I NORTH • MROKEPSVbiM.M®vdY b LatseNarth Park WPCa®mMC-2101 N 1200,STLmeARyoo..nr,Lama. ' lV