Loading...
RES 2006-0592 - Change of loc of Zio's Pizzeria from 13463 W Center Rd to 12995 W Center Rd • fits srAT i ° R C E I E STATE OF NEBRASKA is 4: ��a : - Dave Heineman , •-•:__ ,,y;a`� O. NEBRASKA LIQUOR CONTROL COMMISSION u, �, Governor 06 a• S Hobert B. Rupe �1‘`t\44 i^ 86_ Executive Director TiCICLERK 301 Centennial Mall South,5th Floor ©MAHA, NEBRASKA P.O.Box 95046 Lincoln,Nebraska 68509-5046 Phone(402)471-2571 Fax(402)471-2814 TRS USER 800 833-7352(TTY) • web address:http://www.lcc.ne.gov/ May 1, 2006 Omaha City Clerk - 1819 Farnam Street Omaha, NE 68183 RE: Zio's Pizzeria, Inc. DBA Zio's Pizzeria, Liquor License #I-16994 The above referenced licensee has submitted a request for a change of location to 12995 W. Center Rd., Omaha, NE 68144. One story building approx. 60' x 50' including beer garden approx. 30' x 20' on north side of building. Please present this request to your board and send us the results of that action. Sincerely, NEBRASKA LIQUOR CONTROL COMMISSION • Katie a nin Licensing !vision kl • cc: file - • • Rhonda R. Flower Bob Logsdon R.L. (Dick)Coyne Commissioner Chairman Commissioner An Equal Opportunity/Affirmatiue Action Employer • Printed with soy ink on recycled paper LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #I 16994 ZIO'S PIZZERIA INC. 13463 W CENTER RD 68144 330-1444 DBA ZIO'S PIZZERIA MAIL-P 0 BOX 24887 68124-0887 NLCC ORDERS 2005-2006 RENEWAL CHANGED FROM CLASS "J" OTHER ACTIVITIES 5-23-06 CHANGE OF LOCATION TO 12995 WEST CENTER ROAD LICENSED PREMISES AREA APPROX 48'X 80', BLDG "C", BAKER SQ SHOPPING CENTER OFFICERS: PRES/DIR/MGR-DANIEL R SHERMAN (H) 392-1881 *VP/SECR-USHA SHERMAN, 2302 SOUTH 102ND STR, 68124 (H) 397-4040 ©612-2256*CORP ADDRESS-ORP ADDRESS-P 0 BOX 24887, 68124 CO 1 U APPLICATION FOR ADDITION, r A DELETION,CHANGE OF LOCATION, RECONSTRUCTION NEBRASKA LIQUOR CONTROL COMMISSION APR 1 3 2003 301 CENTENNIAL MALL SOUTH PO BOX 95046 �v�/ LINCOLN,NE 68509-5046 NEBRASKA LIQUOR PHONE:(402)471-2571 FAX:(402)471-2814 CONTROL COMMISSION Website:www.kc.ne.gov FEE $45.00 LICENSEE'S NAME ZIOl(S Pi-5_3- . ‘ 11G = J TRADE NAME Z) Q� Pi e91' C-" PREMISE ADDRESS 13 4-6 3 Vat excit CITY/COUNTY 0 Th N 1- / r LICENSE NUMBER ^j4g 9 PHONE NUMBER(Li-O ) 370 I PLEASE CHECK ONE OF THE FOLLOWING J,ADDITION °RECONSTRUCTION QDELETION -- CHANGE OF LOCATION(this application will not be accepted if the license is moving into another jurisdiction)1.3 Address From: 3 C , Address To: la cl vl 5 W (& Qd ` 1) Include a sketch of the proposed area to be licensed(8%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. .41.41-471AZ Signature of licensee Subscribed in my presence and first duly sworn to before me on this 1 ( day of TAKi ,�1 �. GENERAL fN:m $tateofN3 • A*Comm E NELSON My Comm,Exx p.Jan.5,2010 t Notary Public signature and seal • o i , + FORM 35-4179 O — —1 , 1 r° " • DAILY RECORD: Charge to General Ordinance Order NO. 2447 H. CLASS "I"LIQUOR LICENSE Please publish: May 29, 2006 Notice is hereby given that Zio's Pizzeria, Inc., dba"Zio's Pizzera", 13463 West Center Road, has filed application for a change of location of their present license to sell beer, wine and liquor for consumption On the premises to 12995 West Center Road, legally described as follows: LOT 1, BLOCK 1, WESTWOOD HEIGHTS 15TH ADDITION, VACATED CENTER STREET ADJACANT AND IRREGULAR TRACT KNOWN AS PARCEL D, LOT 1, 7.62 ACRES, CITY OF OMAHA, DOUGLAS COUNTY, NEBRASKA That in accordance with provisions of Section 53-134, Nebraska Liquor Control Act, as amended, hearing upon said application will be held in the Legislative Chamber, Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, on Tuesday, June 6, at 2:00 o'clock P.M., at which time the City Council shall receive evidence under oath either orally or by affidavit from any person bearing upon the propriety of the issuance of said license. Buster Brown "NOTICE TO PUBLIC" Notice is hereby given that Zio's City Clerk Pizzeria, Inc., dba 'Zio's Pizzeria", 13463 West Center Road, has filed applica- • tion for a change of location of their present license to sell beer, wine and liquor for consumption On the premises to 12995 West Center Road, legally described as fol- lows: Lot 1, Block 1, Westwood Heights 15th Addition, vacated Center Street adjacent and irregular tract known as Parcel D, Lot 1, 7.62 acres, City of Omaha, Douglas County, Nebraska. That in accordance withprovisions of Sec- tion 53-134,Nebraska Liquor Control Act,as amended,hearing upon said application will be held in the Legislative Chamber, Om- aha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska, on Tuesday, June 6,2006 at 2:00 o'clock P.M., at which time the City Council shall receive evidence under oath either orally or by affidavit from any person bearing upon the propriety of the issuance of said license. BUSTER BROWN, City Clerk 5-29-06 . Page . 1 Document Name : untitled PARC 3218 4659 25 FB 61 STATUS 2 CLASS C ADDITIONAL ADDR EXEMPT 0 EXEMPT TYPE TAX DISTRICT 1730 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 13003 WEST CENTER RD OMA 68144 OWNER INFORMATION NAME MONTCLAIR INVESTMENT CO DATE OF LAST CHANGE 10-27-1973 + 13057 WEST CENTER RD BK/PG OR DOC# ADDR HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68144 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2003 03-14-2003 1659000 822000 2481000 BP 999999 An ITION NO. 43580 LOT 1 HALF LOCK 1 HALF WESTWOOD HEIGHTS 15TH ADD SECT TOWN RANd'E PLAT 1090 L £�-G�-I-P•3-�O1V LEGAL DESCRIrTION 1 VAC CENTER ST ADJ & IRREG TRACT 2 KNOWN AS PARCEL D LT 1 3 7 . 62 AC 4 SEE PARCEL 3000 1250 27 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB Date : 5/26/2006 Time: 9 : 38 : 16 AM Page : 1 Document Name : untitled PADL 3218 4659 25 REAL PROPERTY INQUIRY -- LIST ADDITIONAL ADDRESS PARCEL: 3218 4659 25 05/26/2006 PROPERTY ADDRESS HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 13003 WEST CENTER RD OMA PAGE: 1 ADDITIONAL ADDRESSES * END OF LIST * HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA 12989 WEST CENTER RD NEW OMA 12995 WEST CENTER RD OMA 13001 WEST CENTER RD OMA PF7 TO PAGE BACKWARD PF8 TO PAGE FORWARD Date: 5/26/2006 Time : 9 : 38 :23 AM , .4 -,:,r. N,„ . _rs if6.--.),„, . ... ----.. ..._ ______ , u-t , \ \\ \ 0 _,, x,,,.. \ \ \ r" , ' '.'1 . su ucwo►, L COMMdsQ[pN O A Ili,: ilk::. ''''' 1. . ' . • I) .,,s, / o o gl g 1/// Cf) C)p, \:\ r. -.cam' QC z < 6 ED Z1,7 \ I \\ \ \ 2 3/.50' \- ------\-\ \-_\ DRIVE —T \ \\ \ /\../.•._\\, (, PI:.n 8"c.t -41-4.nj„". \ %// IFl.. \\I/F I pJ ya m zA N �� m in / ,1 i n ,1 n _ o c 25 tails / o m 27 tolls / '-':"' 00 9 ,....51- a O , ,,, 0 t:it': 0— '.--- 116- .(1).-0 i . • S . Pa '1 PATO CONCEPT ~ fiR r'3. Crzl 0\- . • o= e si, OQ ,�.' 1110 a MONTCLAIR SHOPPING CENTER s onASSOCIATES c�" OMAHA, NE 12006 = m - N —". . Cfl I H I Page : 1 Document Name : untitled PARC 3218 4659 25 FB 61 STATUS 2 CLASS C ADDITIONAL ADDR EXEMPT 0 EXEMPT TYPE TAX DISTRICT 1730 SID F- PROP HOUSE HALF DIR ----STREET NAME TYPE SUFFIX APT AREA ZIP CODE ADDRESS 13003 WEST CENTER RD OMA 68144 OWNER INFORMATION NAME MONTCLAIR INVESTMENT CO DATE OF LAST CHANGE 10-27-1973 + 13057 WEST CENTER RD BK/PG OR DOC# ADDR HOMESTEAD DELETE CITY OMAHA ST NE ZIP 68144 NON NUMERIC ZIP CODE CURRENT VALUE HOMESTEAD YEAR ---DATE--- ---LAND-- ---IMPR-- --TOTAL-- PAR RSN NUMBER TY CD PCT VALUE 2003 03-14-2003 1659000 822000 2481000 BP 999999 ADDITION NO. 43580 LOT 1 HALF BLOCK 1 HALF WESTWOOD HEIGHTS 15TH ADD SECT TOWN RANGE PLAT 1090 LEGAL DESCRIPTION LEGAL DESCRIPTION 1 VAC CENTER ST ADJ & IRREG TRACT 2 KNOWN AS PARCEL D LT 1 3 7 . 62 AC 4 SEE PARCEL 3000 1250 27 5 6 7 8 PF1-ADFB PF5-PNFB PF6-PAFB Date : 5/2/2006 Time : 1 : 10 : 02 PM RECEIVED APR 2 6 2006 - ----- -- AKA LIQUOR ' :XXV' --' 1 \\\ \ . . NI . • . . - \ii... .1 .. ) tt COMMISSION 33 c1\ • / / /1ill to 1111 'r -0 cD _< \- \ c/ ti , x \ � \ Y/ Q.c. zoc. \ -\- \ \\ \\ \ \ DRIVE \o� x \\\ \/(\ > m O ao ( ( o / / . oTl /�— A / Am �_ m OO Z j f_ _ J 25 tolls o m , / -c°, / , / / * MIn m 6. F o 0 0 n '..d <-1' ' o ' x o �• €_ CD rq a a o Z`;I Z' P _ ligi PATIO CONCEPT UQ . CA O= Wag crq ,�-r -Impm MONTCLAIR SHOPPING CENTER Cn P� ,_,y - OLSSON ON ASSOCIATES g tir COLS-Owes-scO ASSOCIATES L; OMAHA, NE I2006 C r • oe,. Q Roe_Gj rruyi,r,,y61„. y RECEIVED MONTCLAIR CENTER VIII APR 2 6 2006 LEASE NEBRASKA LIQUOR CONTROL COMMISSION between ZIO'S PIZZERIA, INC and WESTWOOD PLAZA LIMITED PARTNERSHIP Table of Contents Paragraph Number Page Number 1. PREMISES-USE-TERM. 1 2. BASIC RENT-ESCALATORS PERCENTAGE RENT. 1 3. CONTINUOUS BUSINESS 3 4. REPAIRS-MAINTENANCE-REPLACEMENTS-GLASS INSURANCE. 4 5. LANDLORD ENTRY. 5 6. COMPLIANCE WITH LAWS AND INSURANCE REQUIREMENTS. 5 7. TENANT INDEMNITY AND INSURANCE. 5 8. ASSIGNMENT-SUBLETTING. 6 9. TENANT PROPERTY RISK. 6 • 10. DAMAGE TO PREMISES 7 11. EMINENT DOMAIN. 7 12. TENANT DEFAULTS 8 13. TERMINATION 8 14. EVICTION-DEFAULTS-TERMINATION. 8 15. NO SURRENDER-CONTINUING LIABILITY 9 16. WRITTEN NOTICES REQUIRED. 10 17. NO WAIVER 10 18. SUBORDINATION • 10 19. SIGNS. 10 20. COMMON AREAS . 11 21. SECURITY INTEREST 12 22. SECURITY DEPOSIT 12 23. OPTION TO EXTEND. 13 24. CONDITION OF LEASED PREMISES-REMODEL 13 25. NO REMOVAL 14 • 26. NUISANCE. 14 27. ENTIRE AGREEMENT-MODIFICATION-PARTIAL INVALIDITY 15 28. TENANT ADVERTISING. 16 29. SHOPPING CENTER PROMOTION. 16 30. (Not used) 16 34- 16 32. BINDING EFFECT 16 33. NO PERSONAL LIABILITY. 17 34. APPLICABLE LAW-VENUE. 17 35. SHORT FORM LEASE. 17 36. MORTGAGEE PROTECTION CLAUSE. 17 37. TIME OF ESSENCE. 17 38. CAPTIONS AND SECTION NUMBERS. 18 39. FIRST MONTH'S BASIC RENT 18 40. TENANT EXCLUSIVE. 18 41. LANDLORD'S WORK 18 42. OUTDOOR SEATING. • 19 43. TENANT IMPROVEMENT ALLOWANCE. • 19 44. INSTALLATION OF ADDITIONAL WINDOWS 20 The submission of this document for examination does not constitute an option or offer to lease space at the Property. 4 This document shall have no binding effect on the parties unless executed by the Landlord and the Tenant and a fully executed copy is delivered to Tenant. 4/00 NR MONTCLAIR CENTER VIII • LEASE • This Lease is executed this ?..—(e' of dayj � 20 between Apr) WESTWOOD PLAZA LIMITED PARTNERSHIP ("Landlord") and ZIO'S PIZZERIA, INC., a Nebraska corporation dlbla Zio's Pizzeria("Tenant"). • 1. PREMISES-USE-TERM. Landlord hereby leases to the Tenant for the following purpose only: full-service restaurant including dine-in, delivery and to-go orders featuring pizza, pasta, salads, hoagies, non-alcoholic and alcoholic beverages and not for any other purpose whatsoever that certain area comprising approximately 3,000 gross leasable square feet of floor space, shown on the attached Exhibit"A", known as(address to be determined by City of Omaha) ("Leased Premises") of a building ("Buildino") erected by Landlord upon premises in Omaha, Douglas County, Nebraska known as Montclair On Center("Center") located at the southeast corner of 132nd and West Center Road, for a term ("Term") of ten (10) years commencing ,Ccommencement Date") on the first of the following to occur: (a) Tenant's opening for business, or (b) ninety (90) days following Landlord's notice to Tenant of substantial completion of Landlord's Work as set forth in Article 41; and ending ten (10) years (and the number of days necessary to end the Term on the last daay of a cele4d_a_c_o1onth) after the Qommencement Date. In addition to the use restriction set forth above, under no circumstances shall the Leased Premises be used for those purposes described in the attached Exhibit C. Any enclosed pedestrian malls, common utility rooms, public toilet rooms, public stairs and hallways, parking spaces, service areas, drives, walks, and landscaped parcels shall be deemed sommon aArea. 2. BASIC RENT-ESCALATORS-PR Q. N1A E RENU. Tenant accepts the within ILease and agrees to pay the Landlord, during the full-term hereof lean a basic rent("Basic Rent") of SEVEN HUNDRED SIXTY NINE THOUSAND NINE HUNDRED FIFTY AND NO/100'S DOLLARS ($769,950.00) payable at the rate of$6,090.00 per month for the first sixty months of the efigifaal-tIerm; then $6,742.50 per month for the last sixty months of the original-tierm,with each monthly installment due and payable in advance on the first day of each month during the term of this leocc Term at the Landlord's office specified below for notice purposes or at such other address as the Landlord may hereafter direct in writing. In addition to the Basic Rent, Tenant agrees to pay the Landlord additional rent ("Additional Rent") commencing with the first day of the leacc tlerm and continuing on the first day of each month during the lase tlerm as provided in the Lease awl ;. The amount said LAdditional Rent for taxes and insurance to 1- INITITALS rx LANDLORD TENANT • MONTCLAIR CENTER VIII NR A hall be computed each year as follows: (a)the total cost of annual real estate taxes payable (and that would otherwise become delinquent)for the Center during the current each calendar year and of premiums for ISO Special Form physical damage insurance, one-year's rent loss insurance and commercial general liability insurance for the entire building--and Center area; (b) divided by the total number of gross square feet of leasable floor space in said building and area, as of each January 1st; (c) multiplied by the number of gross leasable square feet covered by this ILease; and (d) the monthly Additional Rent shall be 1/12th of such result determined at clause 2(c)above. If the Tenant's particular use of the Leased Premises causes an increase in insurance premiums above those charged for normal shopping center uses, the Tenant shall pay 100 percent of such increased premiums caused by the Tenant's particular use of'the Leased Premises. Landlord will periodically notify Tenant of the amounts owing for Additional Rent during the ensuing year(or portion thereof) and Tenant shall be obliged to pay its monthly share thereof on the first day of each month duri g the Term. Additional Rent shall also be due per Article 4, 20 and 29. A service fee of 5 percent shall be due on any Basic rent, ar Additional Rent, or Rercentage Rohr . able monthl„ if s id rent is�� ..�.. . Y..y...,,., , .., , that is not received in Landlord's office on or prior to the 5th day of each month, but in no case shall said service fee be chargeable if it violates any usury laws then in effect. If Tenant is liable for said service fee in three consecutive months, then Landlord may require payment of all rents quarterly in advance, rather than monthly. In addition to the foregoing, the Tenant agrees to pay as, in or from the Leased Promicos (or as a result of phone calls, electronic transmission, The term"ILease year"shall mean the first twelve full months after the Commencement Date, and any succeeding twelve month period during the Term provided however, that if the ILease commences on a day other than the first day of a calendar month, then the first ILease yYear shall include that period from GGommencement Date up to the first day of the next calendar month. The term "gross sales" as used in this ILease includes (a) the selling price of all merchandise, goods and wares sold, and (b)the charges for all rents or services performed by the Tenant or any other persons, firm or corporation, whether for cash, gift or merchandise certificate exchange, promotional coupons, or on credit, and in case of credit whether payment is actually made or not, but shall exclude: (a) returns and refunds for purchases from the Leased Premises (but not for sales made from other stores, catalogs. the internet or other exterior sources, and (b) allowances actually made for merchandise or services claimed by patrons to be defective or unsatisfactory, and (c) the amount of all excise, stamp, sales, commodity or service taxes or exactions imposed pursuant to Law by any Federal, State, Municipal or other Governmental Authority upon the sale of merchandise or services and which are payable by the customer and computed separately from the regular price or charge for such merchandise or services. Cash registers or computer based reporting devices will be used to record sales at all times and tapes, or other comparable computer based records, retained for audit. Within ten (10) days following the end of the first three full months of the Term and following each three months thereafter each calendar month of this lease, Tenant shall furnish to Landlord an a monthly -2- INITITALS A'J LARD TENANT MONTCLAIR CENTER VIII NR P''R 2 6 2006 unaudited statement showing its gross sales at the Leased Premises �[[ endar month W�i P"Fi the previous three months. Within thirty(30)days after each'Lease rtn -� r+l "ff this lease, Tenant shall furnish to Landlord an itemized written annual statement prepared Certified Public Accountant familiar with Tenant's operations at the Leased Premises and showing its Tenant's gross sales at the Leased Premises(as-above-defned)during such peraed-the preceding Lease yYear, and-at-the-same • 'lion to the Percentage Rents that may be owing, if any. After immediately preceding I ace y ar. If, at the end of any lease year, the total amount of amount of Percentage Rent required to be paid by the Tenant fer such lease y ar, then the Rent due for such I ace y ar shall be paid to the Landlord with the At all reasonable timos during usual business hours, Landlord, or its agents, attorneys, and accountants, shall have access to such books and records at the L ased Premises and may examine the.same, make copies thereof and tabulate information therefrom. If such which is in excess of Fifty Dollars ($50.00) less than the true and correct amount payable for such period, then Tenant shall pay the Landlord's cost of such examinations; otherwise Nothing contained in this'Lease shall be so construed as to constitute or create a partnership, agency, joint venture or other relationship between the parties hereto except that of Landlord and Tenant. 3. CONTINUOUS BUSINESS. Tenant covenants during the germ of this lease (and during any extensions hereof)to continuously and uninterruptedly occupy and use the Leased Premises for the purpose hereinabove specified in Article 1, and to keep the Leased Premises-fully stocked with merchandise# and fully staffed as customary in Tenant's other operations in Omaha, Nebraska and Tenant further covenants to be open for business at the Leased Premises a minimum of eight (8) hours per day, Monday through Saturday, or such (legal holidays excepted);reserving to -3- INITITALS LANDL'•RD TENANT • MONTCLAIR CENTER VIII NR It is agreed that in case of breach of this covenant the Tenant shall, in addition to all the rents hereinabove provided for, pay to the Landlord monthly a further sum equal to twenty-five (25) percent of the monthly Basic Rent plus twenty-five (25) percent of the Additional Rent stipulated herein, for each and every month during which the Leased Premises are not so continuously and uninterruptedly used and occupied, as liquidated damages for the Tenant's breach of covenant, it being recognized by the parties that the exact • amount of damages to the Landlord on account of such breach cannot be accurately ascertained. This provision shall, however, in no way abridge or affect any other right or remedy which the Landlord may have on account of or in connection with the Tenant's breach of this covenant, and Landlord specifically shall have the right to specific performance or injunction against Tenant to prevent continuing breach of this agreement and to order the reopening and re-occupancy of the Leased Premises by Tenant and for other equitable and legal relief. 4. REPAIRS-MAINTENANCE-REPLACEMENTS-GLASS INSURANCE. Landlord will provide for the maintenance, repair and replacement of the exterior walls and roof of the building ha-using-the L accd Prcmiccc(excluding doors,windows and glass cm the Leased Premises), as well as the periodic preventive maintenance of the heating, ventilating and air conditioning equipment of the Building, but the costs of such maintenance, repair and replacement shall be recovered from Tenant as part of Gommon area costs per Article 20,herein. ubiect to the availability of any warranti (whi h shall be for th b nefit of Tenant),Tenant shall provide and pay for minor or major repair or replacement of the heating, ventilating and air conditioning units in an amount not to exceed $500 per occurrence unless the unit is new as of the date of this Lease or at such time as unit(s) is replaced, unless • Landlord, at his option, provides for same. Subject to the limitation in the preceding sentence if Landlord provides these services, Tenant shall promptly reimburse Landlord for same upon receipt of invoice. In the event of major repairs or replacements(such as repair or replacement of compressor, heat exchanger, A-Coil or full unit), Landlord will provide Tenant with written • notice of cost; if, within fourteen (14) days of Tenant's receipt of said notice, Tenant presents Landlord with a lesser bid from a qualified licensed contractor, Tenant may elect to have work done by said other contractor. In any event, if Tenant has work done by an outside contractor, that contractor must have the prior written consent of Landlord. Tenant will immediately promptly pay outside contractor for the work and provide Landlord with evidence of payment and Landlord shall •romot►v o ovide Tenant with a rent credit or if the Lease has expired reimburse Tenant for all amounts exceedi q the limits set forth in this Article 4. Tenant will pay for and maintain in force during this Lease full coverage plate glass insurance (naming Landlord as named insured)to provide for the immediate prompt replacement of all damage to the Building glass on the Leased Premises. All other repairs, replacements and maintenance of the Leased Premises (including exterior doors and windows) and all services shall be performed and paid for by Tenant who hereby agrees to keep the Leased Premises and all equipment serving the Leased Premises (including wiring, plumbing, duct work) in good 4 INITITALS LAND TENANT MONTCLAIR CENTER VIII fl 2 NR 2006 operating condition and repair at all times. Article 20, hereof, governsiatimstajt on repair, AKA LIQUOR replacements, and maintenance of sQommon aAreas. Landlord is rigtai to , i4r' other services to the Leased Premises and Tenant agrees to pay, when due, all utility charges and use fees relating to the Leased Premises, and also all trash removal expense (which, at Landlord's option, may be a part of CAM),and other charges for all services used in or about or supplied to the Leased Premises. Landlord shall not be held responsible for any interruption of utilities to Tenant's Leased Premises. 5. LANDLORD ENTRY. Tenant will permit the.Landlord or its agent to enter upon said Leased Premises at all reasonable times to examine same and make such repairs thereto as may be deemed necessary by Landlord. During the last ninety(90)days of this I ace the Term or any extension thereof, the Tenant shall permit the Landlord or its agent to display "For Rent" signs upon the Leased Premises and exhibit said Leased Premises to prospective tenants or purchasers. Nothi a in this paragraph shal permit Landlord to unreasona•1 interfere with Tenant's operations on the Leased Premises. 6. COMPLIANCE WITH LAWS AND INSURANCE REQUIREMENTS. Tenant shall comply with all Federal, State, County or Municipal Laws, regulations or ordinances and any requirements of Landlord's (to the extent Tenant has been notified in advance in writing)or Tenant's insurance companies, pertaining to the Leased Premises and/or Tenant's use thereof, at its own cost and expense. ubiect to Landlord's requirements under Article 41, 1The Tenant's obligation hereunder includes, but is not limited to, maintenance, repair, replacement or modification of the Leased Premises (excluding exterior walls and roof), • the plumbing, wiring, heating, ventilating and air conditioning, and other equipment serving the Leased Premises, to comply with the Americans with Disabilities Act, the Clean Air Act or any other governmental requirements now in force or which may be in force hereafter during the tlerm of this-lease. 7. TENANT INDEMNITY AND INSURANCE. Tenant covenants and agrees to indemnify, protect, and at Landlord's option defend and -hold harmless the Landlord from and against any and all claims, costs, charges, liability or attorney's fees arising from damage or injury, actual or claimed, of whatsoever kind or character, to property or person, occurring on; or ' within the Leased Premises, except for damage or injury caused by negligence of Landlord. Tenant further covenants and agrees to procure, pay for and maintain at all times during the tTerm of this lease comprehensive general liability insurance in an insurance company approved by Landlord, under which Landlord shall be an additional insured, insuring and indemnifying Landlord and its agents and employees from injuries or damages arising out of the Tenant's use and occupancy of the Leased Premises, in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, or such greater amount as shall be required from time to time by Landlord's insurance company. Landlord's coverage under -5- INITITALS /(Z JaP7D TENANT • MONTCLAIR CENTER VIII NR insurance carried by Tenant shall be primary with respect to any policies carried by Landlord; any coverage carried by Landlord will be excess insurance. Tenant shall furnish Landlord with certificates of insurance evidencing said insurance so maintained by the Tenant. All policies of every type of insurance procured by Tenant shall contain a waiver of subrogation rights against Landlord. 8. ASSIGNMENT-SUBLETTING. Tenant will not assign, sublet or in any manner transfer this ILease or any interest therein, and will not suffer or permit any assignment or transfer thereof by operation of law, without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. The basis for withholding consent include, but are not limited to: a) an unsatisfactory credit history and/or a showing of unsatisfactory financial responsibility of the proposed transferee; b) the business reputation of the proposed transferee is not in accordance with generally acceptable commercial standards; c) the use of the Leased Premises would not be identical to that required by the ILease or would otherwise create an unsatisfactory"tenant mix", • environmental risk, noxious use in the opinion of the Landlord; d) gross sales and-percentage rent;of the proposed transferee would not be at least equal to that of the existing Tenant; e) the managerial and operational skills of proposed transferee are not at least as good as those of existing Tenant; f) the use of the Leased Premises violates any other agreements affecting the Leased Premises, the Landlord, or other tenants; g) the transfer and/or the use of the Leased Premises would be contrary to public policy or statute; h) Landlord's lender, if applicable, does not consent to such transfer;and i)the Leased Premises would be subdivided. Upon requesting such consent, Tenant shall pay Landlord a fee of $300.60 to compensate • Landlord for the time and expense of reviewing any request and documentation regarding assignment or subletting. If Landlord elects to consent to any such assignment, sublet or transfer, and same is at a higher rent than is provided in this ILease, or Tenant receives any other economic consideration from such transferee as a result of for the transfer ("excess rentals"), any such excess rents shall be paid to the Landlord. For the purpose of this Article, the transfer of a majority of the issued stock of any corporate tenant, or the transfer of a majority of the total interest in any partnership tenant, however accomplished, shall be deemed an assignment of this Lease. In the event Landlord unreasonably withholds its consent pursuant to this Article, Tenant's sole recourse shall be to seek specific performance. Tenant • shall not be released from liability under this ILease by virtue of any assignment, sublet or other transfer of this ILease. 9. TENANT PROPERTY RISK. Tenant agrees that all property in the Leased Premises shall be kept therein at Tenant's own risk, and that Landlord shall not be liable for any damage thereto by fire, water, steam, gas, plumbing,electricity,rain,snow, leakage, breakage,overflow,or from any cause whatever, whether originating in the Leased Premises or elsewhere. Landlord shall not be responsible or liable to Tenant for injury to person, damage to property or nuisance that may be caused by other tenants or third parties provided that nothing herein shall preclude any_rigtlt remedy or -6- INITITALS o4•p TENANT 4 • MONTCLAIR CENTER VIII NR against other Derson oth r than andlord incl uding without limitation any oth r t nant of the Center. 10.DAMAGE TO PREMISES. If the Leased Premises, or any part thereof, shall at any time be destroyed or damaged by fire or other casualty (whether or not insured under the coverage furnished by Landlord pursuant to Article 2 hereof),the Tenant shall give prompt written notice of the loss to Landlord. If as a result of any such fire or casualty, the Leased Premises is Permanently or temporaril unfit for Tenant's permitted purposes such damage shall is not be due to the fault of Tenant or , then the Basic Rent and Additional Rent due under this lease, , shall be suspended from the date of damage and cease to be payable until said Leased Premises shall be substantially fit for Tenant's occupancy for the permitted use rebuilt or made fit for ,or if such damage to the said Leased Premises or to the bBuilding in which the Leased Premises are situated, is to the extent of fifty(50) percent or more,then this Lease may be terminated at the election of the Landlord, notice of which election, if exercised shall be given in writing within thirty (30) days from date of casualty; provided also that in case the building containing said Leased Premises is totally destroyed or work to put the Leased Premises in tenantable condition is not commenced within thirty(30)days from the time of said damage,then this ILease may be terminated at the election of the Tenant or of Landlord, notice of which election must be given in writing within thirty-five (35) days from date of casualty and Tenant's obf•ation to pay any base Rent or Additional Rent to Landlord shall terminate and enant's obligation to D dorm any other covenant term r condition of th I ease shall al terminate. Such termination shall be effective upon the giving of such notice. For the purpose of this Article, Landlord's reconstruction is limited to placing the Leased Premises in the same condition as that set forth in the original plans and specifications for said bBuilding and, reconstruction is not required of Landlord if or to the extent that same is not covered by insurance. Landlord shall not be liable for any inconvenience or annoyance to Tenant or injury to the business of Tenant resulting in any way from damage from fire or other casualty or the repair thereof. If Landlord shall be unable to collect the insurance proceeds (including loss of rents proceeds) applicable to the damage because of some action or inaction on the part of Tenant or parties within Tenant's control, the cost of repairing the damages shall be paid by Tenant and there shall be no abatement of rent. 11.EMINENT DOMAIN. In the event that the entire Leased Premises are taken under the exercise of the power of eminent domain,or other authority of law during the tlerm of this ILease or during extensions hereof, the obligations of the parties to each other shall be automatically terminated as of the date of transfer of possession to the condemning authority and the rents due hereunder shall be paid to Landlord up to such date. In the event of partial condemnation of the Leased Premises, the ILease shall not terminate on that account. In any event, Landlord reserves and 7 INITITALS D *RD TENANT. F' 'lV - MONTCLAIR CENTER VIII APR 2 6 20191t Tenant assigns to Landlord all rights to the entire damage award or pay (<w ig �� 1, "�pphi • eminent domain and Tenant shall make no claim whatsoever against Landlord for damages resulting therefrom. Notwithstanding, Tenant shall have the right to claim from the condemning • authority any compensation that may be recovered by Tenant for its moving and relocation costs or for damage to Tenant's business and/or loss of business;9 provided however, that Tenant may claim such damages only if they are awarded separately in the eminent domain proceeding and not as a part of Landlord's damages. 12.TENANT DEFAULTS. In the event Tenant shall fail or neglect to perform all Tenant's obligations required hereunder, Landlord shall have the right, but not the duty, to perform said obligation of Tenant, and the sum or sums of money paid by Landlord for the purposes aforesaid, plus interest thereon at the then maximum legal contract rate from date of each such payment or • performance, shall be deemed to be Additional Rent and shall become due and payable by Tenant to Landlord with the next monthly installment of rent thereafter becoming due and payable hereunder. All Basic Rents;and Additional Rents,and Percentage Rent;which are not paid when due shall accrue interest from and after such due date at the then maximum legal contract rate until full payment. 13.TERMINATION. Upon termination of this ILease or any extension thereof by passage of time or for any cause, Tenant shall peaceably surrender to Landlord the Leased Premises in good repair and condition,subject only to reasonable wear and tear,free and clear of all liens, leases, and other encumbrances made or suffered by Tenant. No holdover shall constitute a renewal of this ILease. Tenant shall thereupon have the right to remove from the Leased Premises only such equipment, appliances and other trade fixtures and trade equipment installed and maintained by Tenant in the Leased Premises as Landlord shall have given written consent to removal prior to its installation by Tenant or as provided in Article 25. All damages to the Leased Premises caused by any removal shall be repaired by the Tenant at its sole cost and expense concurrently with such removal. The acceptance of keys to the Leased Premises by Landlord, its agents, employees, contractors, or any other person on Landlord's behalf shall not be deemed or constitute an early termination of this Lease unless such early termination is evidenced in writing and signed by Landlord. Should Tenant remain in possession of the Leased Premises with the consent of the Landlord after the natural expiration of this ILease, a new tenancy from month-to-month shall be created between Landlord and Tenant, and shall be terminable on thirty (30) days written notice served by either Landlord or Tenant to the other party. All provisions of this ILease, excepting those pertaining to tIerm and option to extend, if any,shall apply to the month-to-month tenancy. 14.EVICTION-DEFAULTS-TERMINATION. If Tenant shall fail to pay when due any installment of any Basic or Additional Rent or other sums of money payable to Landlord (time being of the essence and no notice of default -8- INITITALS LAi ed„ TENANT • MONTCLAIR CENTER VIII • NR being required) or in the event Tenant shall breach or fail to comply with any other provision, covenant, condition or undertaking of this ILease on its part to be performed, and such default shall continue without correction for a period of ten (10)days after written notice thereof is given to Tenant by Landlord (time being of the essence)or if Tenant vacates or abandons the Leased Premises or if Tenant fails to continuously occupy and operate the Leased Premises as herein required, or if Tenant is adjudged bankrupt or insolvent or makes an assignment for the benefit of creditors, or if a receiver is appointed to take charge of Tenant's business,or if any execution or attachment is issued against Tenant whereupon the Leased Premises or any fixtures therein are taken or attempted to be taken and the same is not released within ten (10) days after demand from Landlord,or if Landlord determines that Tenant has submitted any false reports to Landlord, Landlord will be entitled, at Landlord's option (time being of the essence of all said conditions)to enter and take immediate and exclusive possession of the Leased Premises and all fixtures therein, with or without force of legal process, and without notice or demand, and to expel Tenant and all persons claiming through or under Tenant. In case of such default by Tenant,the Landlord will also have the option to terminate and cancel this ILease effective upon written notice to the Tenant, whereupon any and all covenants, conditions, and obligations of Landlord under this ILease will cease and terminate. Tenant shall, immediately upon invoice, reimburse Landlord for any Attorney's fees and related costs and expenses incurred by Landlord in enforcing its rights and remedies under this ILease against Tenant and same shall be considered an additional rent hereunder. 15.NO SURRENDER-CONTINUING LIABILITY. Unless Landlord shall have terminated this Lease Tenant agrees that notwithstanding the occurrence of any 61.141 event of default under Article 14 giving Landlord the right of re-entry as aforesaid, and whether or not Landlord has re-entered the Leased Premises or regained possession thereof, and whether or not Landlord has relet the Leased Premises in whole or in part, Landlord will not be deemed to have accepted the surrender of the Leased Premises or of this ILease and Tenant will immediately pay to Landlord in one lump sum all Basic and Additional Rents reserved to Landlord for the entire remaining ace tlerm and Tenant will also remain liable for the performance of all other covenants,conditions,and undertakings of Tenant and the payment of all other sums during the full period which otherwise would have constituted the loose tlerm, including damages for failure to perform any of the same and for any loss of rents and damages which Landlord may then or thereafter suffer through the full period of said entire tlerm. Landlord will have the right at any time after exercising any option given to Landlord in this Article to exercise thereafter any other option hereunder or such legal rights as Landlord would have in the absence of such options. If Landlord does not elect to terminate and cancel this ILease on account of Tenant's breach, Landlord agrees to use reasonable diligence to relet said Leased Premises upon the best terms fairly obtainable at the time of such reletting, consistent with the character of the Leased Premises, and the obligation of Tenant for damages hereunder will be mitigated thereby to the extent of the net rents when actually received from such reletting, after deduction for all expenses of the Landlord including, without -9- INITITALS 114 LZWIRD TENANT • • MONTCLAIR CENTER VIII NR limitation, brokerage commissions and expenses attributable to alterations and repairs Landlord deems advisable to relet the Leased Premises. 16.WRITTEN NOTICES REQUIRED. Every notice required or desired to be given hereunder will be in writing and will be deemed to have been served for all purposes on the other party if a copy thereof is mailed by registered or certified mail, or through a reputable overnight courier, postage prepaid, addressed as shown below on the signature page or at such place or places as each party may from time to time designate in writing to the other party. Any notice given pursuant to this Article will be effective on the date it is so mailed. 17.NO WAIVER. A waiver by Landlord of any default, breach or failure of Tenant, shall not be construed as a continuing waiver of the same or of any subsequent or different default, breach or failure. In case of a breach by Tenant of any covenant, agreement or undertaking of Tenant, Landlord may nevertheless accept from Tenant any payment or payments hereunder without in any way waiving Landlord's right to exercise the right of re-entry or termination provided for herein with respect to any such default or defaults of Tenant which were in existence at the time such payment or payments were accepted by Landlord. 18.SUBORDINATION. Nothing herein shall empower Tenant to do any act which can, may or shall cloud or encumber the Landlord's interest. Tenant's rights are and shall always be subordinate to the lien of any encumbrances or mortgages now or hereafter placed by Landlord, its affiliated entities, or assigns, upon the land and building in which the Leased Premises are located or any underlying leasehold estate and to all advances made or hereafter to be made upon the security thereof. Tenant shall execute such further instruments subordinating this ILease to the lien or liens of any such mortgage or mortgages or encumbrances or to any such underlying lease or leases, and such estoppel certificates, as shall be requested by the Landlord. Tenant grants to Landlord a power of attorney for the limited purpose of executing any such subordination or estoppel instruments on behalf of Tenant in the event that Tenant does not do so within thirty(30)days of Landlord's request. 19.SIGNS. Tenant may place signs in and about the Leased Premises in accordance with the established Sign Policy for this building attached as Exhibit B. Tenant shall be allowed individual channel lettered signs on the east; west and north elevations at locations mutually agreed by Tenant and Landlord. All signs and sign contractors must be approved in writing by the Landlord prior to installation. No sign, name or advertisement shall be painted or otherwise placed directly on any other part of the exterior of the building. The maintenance, repair, replacement and insurance of the signs shall be in accordance with said Sign Policy. Prior to the termination of this tenancy, Tenant will remove all signs except for, at the option of the -10- INITITALS LANDL D • TENANT MONTCLAIR CENTER VIII NR , and concurrently repair any damage caused thereby. 20.COMMON AREAS. Landlord hereby grants to Tenant, its agents, employees, customers, and invitees the non-exclusive right during the tlerm of this loose to use for customers and employees the parking areas and other o ommon aAreas (as defined in Article 1 of this ILease and as may from time to time be designated,enlarged or restricted by Landlord); such use to be in common with the Landlord and all other tenants of Landlord, their employees, agents, customers and invitees. The use of said common parking and other areas shall be subject to such reasonable regulations as Landlord shall establish from time to time. Tenant shall not at any time interfere with the rights of Landlord, other tenants, their employees, agents, customers and invitees, to use any part of the parking area or other common areas provided however. that throughout the erm Tenant shall b res rved for (41 xcl ive oarkina spaces in th front of the Lea d Premises as designated on Exhibit A. No fliers shall be placed by Tenant, its agents or employees, on vehicles in the common areas without the prior written consent of Landlord. Tenant agrees that all delivery trucks shall deliver to and from the Leased Premises only through the driveways and service areas designated by Landlord for that purpose, and such motor vehicles will not be permitted to park in or drive through the parking area except where so designated and that they will be expeditiously loaded and unloaded. It is agreed that Landlord reserves the right, without invalidating this ILease or modifying any of its provisions,to make alterations, changes and additions (including additional stories) to the buildings and other improvements in the Center (including, without limitation, the building in which the Leased Premises is located) and to construct additional buildings in the common areas and to change the layout of the common areas, including the right to add to, or subtract from, their shape and size, whether by the addition of improvements or otherwise. The Common Areas shall be maintained in good order and repair by the Landlord, including: cleaning; snow and trash removal; landscaping; parking lot striping; repair and replacement of parking lot and walkway surfaces and curbs; installation, repair and replacement of lighting and signing (by purchase or ILease); utilities for lighting, heating and cooling; and any other repair and necessary replacement of common area facilities. In addition, Landlord may provide security or patrol service, seasonal decorating, and signing of or for said common areas. The Tenant agrees to pay monthly, in advance, its estimated prorata share of all such common area costs;said share to be based on the ratio of the gross square feet of floor area of the Tenant's Leased Premises to the total square feet of gross leasable floor area (provided that Landlord has the right to add to or subtract from these areas); then multiplied by Landlord's estimate of the total annual common area costs; then divided by twelve (12)to determine Tenant's monthly estimated cost. At the conclusion of each calendar quarter, Landlord will provide Tenant with an invoice detailing actual costs for the quarter, with a ten (10) percent Management Fee included. If costs are higher than estimated,Tenant will pay this additional amount with the next Basic Rent payment; if costs are lower than estimated, Tenant may deduct this amount from the next payment(s) of Basic Rent rcntc or aOdditional{Rents. Tenant's initial estimated prorata share -11- INITITALS LANDL`rD TENANT • MONTCLAIR CENTER VIII NR • of common area maintenance is$285.00 per month,which estimate may be changed from time to time by Landlord. If any tenants in the Center(with the consent of the Landlord) solely pay for maintenance of common areas abutting their leased premises,then neither the cost of such maintenance nor the gross area leased by such tenants shall be included in the calculations for allocating common area maintenance costs. Tenant shall be obliged to keep the sidewalk adjacent to its Leased Premises free of debris. If Tenant desires to have said sidewalks cleared of snow prior to removal by Landlord, Tenant shall remove such snow at its own additional expense. 21.SECURITY INTEREST. . For valuable consideration and as security for the payment of sums provided for herein and the obligations to be performed hereunder, Tenant herenow grants to the Landlord a security interest, as defined by the Uniform Commercial Code, in Tenant's merchandise, inventory, accounts receivables, trade fixtures and furniture, used in conjunction with or derived from Tenant's business in the Leased Premises (or the proceeds therefrom). Upon default under this lease, Landlord shall have the remedies of a secured party under the Uniform Commercial Code, including, but not limited to, the right to enter upon the Leased Premises and take possession of the above described collateral and sell same at public or private sale upon 5 days written notice to Tenant. This security agreement shall be terminated upon expiration of this ILease and complete performance of all obligations and conditions thereof. This lease is intended to be a financing statement within the purview of§9-402 of the Uniform Commercial Code and may be filed of record in the Office of the Register of Deeds of the County where the Leased Premises are located and the Office of the Secretary of State of Nebraska. Additionally, Tenant hereby authorizes Landlord, at any time and from time to time, to file any initial financing statements, amendments thereto and continuation statements with or without the signature of the Tenant as authorized by applicable law, in regard to the above described collateral. 22.SECURITY DEPOSIT. Concurrently with the execution of this ILease, Tenant shall deposit with Landlord a sum equal to SIX THOUSAND NINETY AND NOI100'S DOLLARS ($6,090.00) as Security Deposit for the full and faithful performance by the Tenant of all the terms and conditions upon the Tenant's part to be performed,which said sum will be returned to the Tenant without interest at the expiration date of this ILease or any exercised renewal (whichever is later), provided that if Tenant fails to pay,any rent or perform any covenants when due hereunder, Landlord may apply such deposit toward curing such default,whereupon Tenant shall replenish such Security Deposit immediately upon invoice by Landlord. Tenant will not be entitled to any interest or other yield upon said deposit at any time, and Landlord is free to commingle, invest or otherwise use said deposit, subject to Landlord's obligation to return the deposit as herein provided. If during the tlerm of this ILease, , the Basic Rent increases, then the sum of this deposit shall increase in the same proportion and Tenant shall pay same to Landlord upon demand. -12- INITITALS TENANT r • MONTCLAIR CENTER VIII NR 23.OPTION TO EXTEND. Provided this Lease has not been earlier terminated and provided Tenant is not in default under this Lease either (a) at the time each said option right is exercised or (b) at the time each such option period is tb commence, the Tenant is hereby granted the option to extend this Lease for two (2) additional terms of five (5) years each on the same terms and conditions as herein contained for the original tlerm,except that the bBasic(gent: a)during the first option period shall be payable at the rate of$7,416.75 per month; and b)during the second option period,shall be payable at the rate of$8,158.43 per month. In the event any such option is exercised. the word"Term"shall mean and include the additional option term(sl This option to extend may only be exercised by Tenant giving Landlord written notice of exercise at least one hundred and twenty (120) days prior to expiration of the original tlerm, or in the case of several options, the preceding tlerm; failing which this option (and all other options) becomes void. If there are several options, latter options are void if Tenant does not exercise earlier options in accordance with this Article. In addition, Landlord may cancel this option if in the twelve(12) months preceding the beginning of any additional tTerm,Tenant has been liable for payment of the service fee shown in Article 2 above, for three or more months, regardless of whether or not Tenant has paid said service fees. has failed to realize and maintain average annual "gross sales" (as defined in Article 2) of • 24.CONDITION OF LEASED PREMISES-REMODEL. Tenant accepts the Leased Premises upon substantial completion of Landlord's Work as set forth in Article 41 below and otherwise in its "as-is" condition. Tenant shall comply with the terms and conditions of the Design & Construction Criteria attached hereto as Exhibit "D". Tenant will maintain said Leased Premises hereafter in accordance with Article 4, above. Tenant agrees to install and maintain floor covering and base in the entire Leased Premises. Metal studs shall be used in the construction of all interior walls. All other materials used for tenant improvements shall meet the requirements set forth by the Landlord's architect, and by local governmental codes, rules or regulations. Tenant further agrees to submit all construction plans,shop drawings, and fixture plans to.Landlord and procure its prior written approval before commencing any fixturing, furnishing or construction within the. Leased Premises, including without limitation those nlans and specifications for Tenant's fencinn which wills irro nd th exterior patio area and Tenant's exterior cooler. All construction will be done by either Landlord or by contractors and subcontractors approved by Landlord in writing prior to the start of construction. Landlord's review and/or approval of any request for alterations, additions, or improvements in or to the Leased Premises, and/or the plans or specifications with respect thereto, shall not create any responsibility or liability on the part of Landlord, nor shall such review or approval evidence or constitute a representation or warranty by Landlord with respect to the action or undertaking approved or the completeness, accuracy, design sufficiency, or -13- INITITALS LAIDLJ'D TENANT MONTCLAIR CENTER VIII NR compliance of such plans or specifications with laws, ordinances, rules, and/or regulations of any governmental agency or authority, nor shall it be deemed that Landlord ordered such work or granted authority to Tenant to subject the property or the Leased Premises to any mechanic's lien rights. After receiving said approvals, the designated contractor will obtain all necessary permits for such construction and will complete same in a timely and workmanlike manner. Prior to commencement of construction, Tenant's General Contractor must procure, pay for and provide Landlord with evidence of commercial general liability insurance, under which Landlord shall be named an additional insured, in an amount not less than $500,000 per occurrence with a $1,000,000 excess liability umbrella. Tenant shall require its contractors to carry workers compensation insurance as required by law. Landlord may, but is not required to, inspect such construction for quality and code compliance. Licensed workmen will be utilized when required by City Code or by the Landlord. After completion of construction, Tenant will have the work inspected or reinspected by the City of Omaha, as necessary to receive or maintain a Certificate of Occupancy or such other approvals as might be required. Tenant will pay for all such work at or prior to completion and will immediately procure the release of the Leased Premises from any liens filed for such work, regardless of whether said liens are valid or not. Copies of permits, Certificates of Occupancy, Landlord's form of General Contractor's Statement, and Lien Waivers equal to the total construction cost will be submitted to Landlord at the times and in the form and manner required by the Landlord. This procedure must be followed each time Tenant proposes construction within or without the Leased Premises, and any violation of these covenants shall constitute a breach of this!Lease, constituting a default by the Tenant hereunder (time being of the essence). Tenant will indemnify the Landlord against any loss, liability or damage resulting from any construction work performed by the Tenant and will not permit any mechanic's liens to attach to or affect the Leased Premises. 25.NO REMOVAL. It is mutually agreed that all leasehold improvements, including but not limited to interior walls, restroom fixtures, carpeting, lighting, and all other like and similar items installed in the Leased Premises shall not be considered trade fixtures,and upon installation shall become and remain the sole property of Landlord and shall be left in the Leased Premises upon !Lease termination, unless Landlord has given its written consent to removal prior to installation pursuant to Article 13, above. Notwithstanding the foregoing, Tenant shall have the r'•ht to remove all track and or ha ain• light fixtures and all restaurant equipment which shall be considered trade fixtures, any damage done to the Leased Premises with the removal of these items must be repaired by Tenant. 26.NUISANCE. Tenant shall not cause or permit but shall affirmatively prevent objectionable conduct or uses of Leased Premises and loud or objectionable noise either inside or outside of the Leased Premises, such as would constitute a nuisance or annoyance to the other tenants, customers, the Landlord or to third parties. The allowable noise level in decibels as well as other reasonable limitations on said amount of noise permitted, and the allowable level of odors shall -14- INITITALS /7/ LAjJD 7/TENANT MONTCLAIR CENTER VIII WE .' APR 26200G g be determined by and within the sole control of the Landlord as part of the re ulations established for the Leased Premises and said Center. Tenant shall not 'Af°I lkfila)n,b0R "going out of business", bankruptcy or similar sales in the Leased Premises� O oO� a'[oN P Y or common area, without written consent of Landlord. Tenant shall not cause or permit any hazardous materials to be brought upon, kept, disposed of, or used in or about the Leased Premises without the prior written consent of the Landlord and if Tenant breaches this obligation, then Tenant shall indemnify, defend and hold Landlord harmless from any and all claims, judgements, damages, penalties, fines, costs, liabilities or losses (including, without limitation, diminution in value of the Leased Premises or other affected property, attorney and expert fees,.and costs of restoring the Leased Premises or other affected property to its previous condition)which arise during or after the Lease tlerm as a result of same. This indemnification shall survive the termination of this Lease. Tenant agrees to provide appropriate climate control, keep the Leased Premises clean, and take other measures to retard and prevent mold and mildew from accumulating in the Leased Premises. Tenant agrees to inspect and clean the Leased Premises on a regular basis and to promptly remove visible moisture accumulation on windows, floors, walls, and other surfaces,. . Tenant agrees not to block or cover any of the heating, ventilation or air-conditioning ducts in the Leased Premises. Tenant also agrees to immediately promptly report to the Landlord any evidence of a water leak or excessive moisture in the Leased Premises. Tenant further agrees that Tenant shall be responsible for damage to the Leased Premises and Tenant's property as well as personal injury to Tenant, occupants, and other third parties resulting from Tenant's failure to comply with the tTerm of this Article; Tenant indemnifies and holds Landlord harmless regarding same, including without limitation remediation costs and consultant and attorney's fees. This indemnification shall survive the termination of this Lease. 27.ENTIRE AGREEMENT-MODIFICATION-PARTIAL INVALIDITY. This Lease constitutes the entire agreement between Landlord and Tenant. It is understood that there are no oral agreements between the parties hereto affecting this pease and this Lease supersedes and cancels any and all previous negotiations, arrangements, brochures, agreements and understandings, if any, between the parties hereto or displayed by the Landlord to Tenant with respect to the subject matter thereof, and none shall be used to interpret or construe this Lease. It is further agreed by and between the parties hereto that there shall be no modification or amendment of this Lease, except as may be executed in writing between the parties to this Lease. Landlord and Tenant agree that this Lease is a product of their joint efforts, that it expresses their agreement and that it should not be interpreted in favor of either Landlord or Tenant or against either Landlord or Tenant because of their efforts in its preparation,and each party has had an opportunity to be represented by legal counsel. If any provision of this Lease, or the application thereof to any person or circumstance, shall,to any extent, be invalid or unenforceable,the remainder of this Lease and the application of such provision to all other persons and circumstances shall not be affected and shall be valid and enforceable to the fullest extent of the Law. -15- INITITALS 47/ LAN L TENANT • MONTCLAIR CENTER VIII NR J♦ 28.TENANT ADVERTISING. All tenant advertising relating to the Leased Premises (including all print, television, radio or other media) shall specifically state that Tenant's Leased Premises are "Located in Montclair On Center at 132nd and West Center Road in Omaha, Nebraska". 29.SHOPPING CENTER PROMOTION. Landlord has established a Promotion Fund for the Center the object of which is the general promotion and furtherance of the business interests of tenants in the Center by sales promotion and center-wide advertising. Landlord shall reasonably determine the monetary needs of the.Promotion Fund from time to time, including a ten (10) percent administrative fee, and Tenant shall contribute its prorata share thereof as Additional Rent on or before the first day of each month, Tenant's contribution shall be a minimum of$510.00 per year at the outset of this ILease. Landlord may at any time elect to discontinue the Promotion fund or form a Merchant's Association in lieu thereof. If such a Merchant's Association is formed, Tenant agrees to become a member thereof,abide by its regulations and pay such reasonable dues as may be adopted by it from time to time, plus the ten (10) percent administrative fee as Additional Rent on or before the first day of each month. Landlord shall provide Tenant with a minimum of thirty (30) days prior written notice if it chooses to discontinue or substitute a Merchant's Association for the Promotion Fund. 30.(NOT USED). 3A,S BSTITI ITION OF PREMISES. Tho Landlord reserves tho right, during the term of this lease and any extension or renewal thereof, to substitute other premises in tho center("Substitute Leased Premises") for sooner than fourteen (11) days following such notice. Landlord shall pay for the costs of to-the-reeve: 32.BINDING EFFECT. The provisions of this ILease shall be binding upon, inure to the benefit of and apply to the respective heirs, personal representatives, successors and assigns of the Landlord and Tenant. If Tenant is comprised of more than one entity, each shall be jointly and severally liable. If Tenant is other than an individual, Tenant represents and warrants that it is duly formed and in good standing and that the Tenant and the signator for Tenant have full authority to enter into this Lease. -16- INITITALS TENANT • MONTCLAIR CENTER VIII NR 33.NO PERSONAL LIABILITY. Anything in this'Lease to the contrary notwithstanding, (a)Tenant agrees that it will look solely to the equity, estate,and property of Landlord in the Buildi it lar-ernisestildiRcing ho th " and the land upon which the Building is located (subject to prior rights of the holder of any mortgage or deed of trust thereon)for the collection of any judgment requiring the payment of money by Landlord in the event of any default on the part of Landlord in the observance or performance of any of the terms, covenants and conditions of this'Lease to be observed or performed by Landlord; and (b) Tenant understands and agrees that no other assets of Landlord shall be subject to levy,execution or other process for the satisfaction of any such judgment or for the enforcement of any rights or remedies of Tenant. No personal liability is assumed by, nor at any time may be asserted against, Landlord or his beneficiaries or any of his or their legal representatives,successors or assigns,all such liability being expressly waived and released by Tenant. 34.APPLICABLE LAW-VENUE. • This 'Lease shall be governed by and construed in accordance with the Laws of, or applicable to,the State of Nebraska and enforced within the State of Nebraska. 35.SHORT FORM LEASE. Upon request of Landlord, Tenant will execute a short form 'Lease in recordable form specifying the exact tlerm of this 'Lease and a description of the Leased Premises and referring generally to the existence of this'Lease. 36.MORTGAGEE PROTECTION CLAUSE. Tenant agrees to give any mortgagees 'and/or trust deed holders, by certified or registered mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice, Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise) of the addresses of such mortgagees and/'or trust deed holders. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease,then the mortgagees and/or trust deed holders have an additional thirty(30)days within which to cure such default, provided that if more time is required to complete such performance, the mortgagees and/or trust deed holders shall not be in default if they commence such performance within the thirty (30) day period and thereafter diligently pursue its completion, in which event, Tenant shall not exercise its remedies hereunder so long as the mortgagees and/or trust deed holders are diligently pursuing their remedies necessary to cure such default. 37.TIME OF ESSENCE. Tenant acknowledges and agrees with Landlord that time is of the essence of this agreement and of all covenants herein contained. -17- INITITALS LANDLO), TENANT • MONTCLAIR CENTER VIII NR >. 38.CAPTIONS AND SECTION NUMBERS. The captions, section numbers, and headings appearing in this ILease are inserted only as a matter of convenience, and in no way define, limit,construe or describe the scope or intent of the sections of this ILease. • 39.FIRST MONTH'S BASIC RENT Tenant agrees to simultaneously pay to Landlord Basic Rent due for the first month of the ILease upon the Commencement Date . • 40.TENANT EXCLUSIVE. Subject to the following exclusions, Landlord agrees that, during the initial--tIerm of this Lease enly, Landlord shall not enter into any new leases or permit any assignment of a y existing lease with tenants any person in Montclair On Center , which allow such tenant to use any portion of the Center its loosed premises for a pizzeria or a "pizza" restaurant (such as including but not limited to Valentino's, Pizza Machine Domino's, Pizza Hut, California Pizza Kitchen or Godfather's Pizza), or other restaurant in which their gross sales are derived primarily from the retail sales of pizza. The provisions of this paragraph shall not apply to any tenancies existing at the date of this ILease or any • enlargements, extensions, replacements (with a similar use) or transfers thereof. If Landlord leases to an Anchor Tenant(s) (as hereinafter defined). which violates this exclusive. Tenant's sole remedy shall be to terminate this Lease by providin_q Landlord with prior written notice thereof within 60 days of such violating tenant's opening. time being of the essence. such termination to be effective 30 days (and the additional number of days thereafter to end the Lease on the last day of a calendar month)after such notice. Tenant shall nonetheless remain responsible for the payment of rent and compliance with all other terms and conditions of this Lease through the effective date of such termination. "Anchor Tenant" as used in this Article above refers to any tenant of 10,000 square feet or larger. Nothing in this paragraph shall preclude another tenant from the ancillary sale of pizza or Landlord leasing to such a tenant. This exclusive Eight of Tenant is not applicable if Tenant has ceased to operate in the Leased Premises or is not otherwise using the Leased Premises for the purposes permitted by this Lease.a pizza restaurant. 41.LANDLORD'S WORK. Upon the later of: i) both parties execution of this ILease; or ii) Landlord's waiver of contingency as set forth in Article 43 below; Landlord agrees to perform the following work within the Premises ("Landlord's Work") at Landlord's sole expense: a) separate the existing HVAC system (and thermostat(s)), and install new unit(s) as necessary, to accommodate the new configuration of the building, allowing Tenant 1 ton / 200 s.f.; b) relocate one 200 amp panel from the west space of the building so that Tenant ends up with 1-200 amp electrical panel in the Premises; c) construct a demising wall to separate the west east space from Tenant's Premises, to be taped and sanded; d) redesign the existing storefront and install new entrance with interior vestibule,(which shall include HVAC) to the Premises on the north ast side corner of the building; e)install modify two building standard restrooms, which shall meet -18- • MONTCLAIR CENTER VIII • NR ti City Code and ADA; the Promises; gf) remove existing floor coverings and glue from the Premises; lag) remove existing ceiling tile and grid; i) install a 20' x 30' concrete exterior patio area on the southeast northwest corner of the Leased Premises, with a 3'0" x 7'0" building standard glass storefront door between the Leased Premises and the patio area; j) install a concrete pad (size and location to be mutually agreed to)on the south side of the Leased Premises for Tenant's cooler; and I) provide and install a water sub-meter, gas meter and electrical meter, if necessary, so that Tenant's utilities are separately metered or sub-metered. All Landlord's Work is to be performed in accordance with final plans and specifications to be mutually agreed upon by the parties prior to the commencement of construction. Any changes from the agreed plans and specifications must be made by change order(s) executed by both Landlord and Tenant. Tenant shall not commence any of its own work fixturing or stocking prior to completion of Landlord's Work and such City inspections as may be required, without Landlord's prior express permission. 42.OUTDOOR SEATING. Tenant may operate an outdoor seating area in the patio area to be located outside its Leased Premises as shown on Exhibit"EA"attached, upon the following terms and conditions: 1) The furniture used in connection therewith shall all be removable in nature. No additional lighting or signage will be allowed except as required by law; 2) No additional rental shall be due Landlord for this outdoor seating area, however, Tenant shall include all gross sales derived therefrom with the gross sales for the interior of the Leased Premises for the purpose of reporting; 3) Tenant shall be solely responsible for the repair and maintenance of the improvements, furnishings and plantings, if any. The outdoor seating area shall be kept neat and clean at all times, the tables shall be swept daily and washed periodically as needed. Tenant shall be solely responsible for bug control in this outdoor seating area. Tenant shall provide a trash receptacle for use by the patrons of this seating area; 4) Prior to commencing installation of improvements or opening for business, Tenant shall extend its public liability insurance, pursuant to Article 7 hereof, to cover this outdoor seating area and provide Landlord with satisfactory evidence thereof; 5) All property of Tenant kept in this outdoor seating area shall be monitored by Tenant and kept therein at Tenant's sole risk; and 6) During inclement seasons when the area is not being used by Tenant, all Tenant furniture and fixtures will be removed by Tenant and for such periods of non-use, the area shall be maintained by Landlord as part of the Common Area. 43.TENANT IMPROVEMENT ALLOWANCE. Landlord agrees to grant Tenant a tenant improvement allowance equal to $19.00 per square foot ($57,000.00 for 3,000 square feet) for improvements made by Tenant, which improvements are incorporated in, and will remain, a part of the real estate. Landlord will reimburse Tenant in cash within thirty (30)days after Tenant has: 1) provided full and final lien waiver forms and General Contractor's Affidavit (form to be provided by Landlord) for said interior finish; 2) provided evidence to Landlord that Tenant's improvement costs are equal to or exceed $19.00 per s.f.; 3) opened for business; and 4) commenced rental payments, and is MONTCLAIR CENTER VIII NR otherwise in compliance with the ILease. In addition, if Tenant defaults in the performance of this Lease in any respect at anytime, this tenant improvement allowance shall be null and void and shall immediately be repaid to Landlord from Tenant. 44.INSTALLATION OF ADDITIONAL WINDOWS. Landlord agrees to have its Contractor and Structural Engineer review the possibility of adding windows to the west elevation of the Leased Premises. If structurally allowable and if the costs to do so are reasonable in Landlord's sole discretion Landlord and Tenant shall mutually agree to the size, number and locations of said windows, prior to the commencement of same,which work shall be at Landlord's sole expense XX- -20- • • • MONTCLAIR CENTER VIII NR • IN WITNESS WHEREOF, Landlord and Tenant have signed this LLease as of the day and year first-above written. LANDLORD ADDRESS: LANDLORD: Westwood Plaza Limited Partnership Westwood Plaza Limited Partnership do Seldin Company A Nebraska Limited Partnership 13057 West Center Road BY: Seldin Company, Omaha, NE 68144 a Nebraska corporation,Agent • BY: Randall R. Lenhoff, Preside Federal I.D. 18272 WITNESS: TENANT ADDRESS: TENANT: Zio's Pizzeria, Inc. ZIO'A PIZZERIA, INC.,a Nebraska corporation (address to be determined by City) d/b/a Zio's Pizzeria Omaha, NE 68144 BY: Usha Sherman, President W ITNESS�� GUARANTEE The undersigned guarantor(s) hereby guarantee to Landlord, absolutely and unconditionally, jointly and severally, the full and faithful performance by Tenant of each and every covenant of Tenant in the lease by and between Westwood Plaza Limited Partnership and Zio's Pizzeria, Inc.,for the obligations of Tenant accruing during the first complete 60 months of this Lease only, of which this guarantee is a part, including the obligation to pay rent contained in the above Lease, and agrees to perform such covenant directly upon demand by Landlord after default by Tenant without the necessity of Landlord making further demand or commencing proceedings with respect to Tenant. Guarantor's obligations to Landlord are direct and do not require the Landlord to exhaust any remedies against Tenant, and the undersigned hereby waives all notices and consents to all modifications of this lease and any indulgences extended by Landlord to Tenant. Guarantor hereby waives and relinquishes in favor of Landlord any claim or right to payment Guarantor may have against Tenant, by subrogation or otherwise. This Guarantee also applies to any renewals and extension of the lease. Guarantor acknowledges Landlord is relying upon this guarantee and would not enter into the above agreement without the undersigned guarantee(s). This Guaranty shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs,personal representatives,successors and assigns hereunder. This Guaranty shall be construed by the law of Nebraska, and any action or proceeding arising under this Guarantee may, at the option of Landlord, be brought in any Federal or State Court in Douglas County,Nebraska to which jurisdiction Guarantor hereby consents. GUARANTOR ADDRESS: GUARANTOR: (unless Guarantor notifies Landlord in writing otherwise) BY: Usha Sherman Usha Sherman,as an individual c/o Zio's Pizzeria, Inc. (address to be determined) BY: Pon gertzwv,v.1 Omaha, NE 68144 D herman,as an indiv' u Dan Sherman WITNESS: do Zio's Pizzeria, Inc. (address to be determined) Omaha,NE 68144 -21- 111: .1 , • , ' • 3 FT E; 132nd & West Center Road • Omaha NE • SIGN CRITERIA Managed by: SELDIN COMPANY 13057 West Center Road Omaha, NE 68144 (402) 333-7373 12/05 EXHIBIT "B" INITIALS • RECEIVD 2 zoos , INTRODUCTION PNE2FASKA a LtQU©Fj MONTCLAIR ON CENTER SIGN CRITERIA N The following Criteria has been established to set up an overall Sign Policy for the Montclair on Center which program will assure identification for all shopping Center tenants of a quality commensurate with good current standards in the Shopping Center Industry. All tenants will be required to strictly comply with this Criteria. To insure compliance with the Sign Program, drawings, description of materials and supplemental information including without limitation, size, color, design, specific location, content and lettering for all signs must be submitted for review and written approval by the Landlord prior to fabrication and installation of any signs or storefronts. Drawings and materials which are in non-compliance with this Criteria must be corrected and resubmitted for approval prior to the start of any sign work by the Tenant. No signs of any kind, except as provided in this Criteria, will be permitted on the buildings, pedestrian walkways, open courts and landscaped areas, parking areas and drives, or any other location on the Shopping Center premises, unless deemed appropriate and necessary by the Landlord. Any exceptions must have prior written approval of the Landlord. Tenants shall not utilize or attach placards or other advertising media to the windows, doors, storefront, or any other area exterior to their shop nor install placards, promotional flags or banners or other forms of advertising media (including merchandise displays) on his storefront, which in the opinion of the Landlord do not meet standards consistent with good quality Shopping Center operation and which must be approved by Landlord prior to installation. Installation or use of signs or practices not in conformity with this Criteria, or lack of proper maintenance of the signs, will be considered as violation of lease terms and Tenant will be required to remove, remedy and/or correct the nonconformance immediately and at his sole expense, or, at Landlord's option and in accordance with the lease, Landlord may perform same and charge Tenant. Tenant shall be responsible for penetrations, leaks or damage caused by the sign to Landlord's or other tenant's property. In the case of special conditions in the construction of the Shopping Center building which do not conform to the conditions provided by this Criteria, or to address other considerations as deemed appropriate by Landlord, variations may be granted upon review and approval (by Landlord) of the tenant's sign design. This sign program shall be in effect as of this date, until further written notice of change has been given. However, the Landlord retains the right to modify this Sign Criteria in the future as conditions dictate, to maintain the quality of the sign program. Notification of such changes will be given in writing to the affected tenants. Page 1 12/05 is . • . III. CLASS OF TENANTS AND PERMITTED SIGNS FOR EACH k . . * * u CLASS I - MAJOR TENANTS { Major Tenants - Signs for Major Tenants include signs for only the following: A. The Sports Authority B. Michael's C. Elan D. Hancock Fabrics E. Marshalls F. Such other large tenant(s) designated as "Major" by Landlord from time to time, even if such premises would otherwise be included in another class of space. PERMITTED SIGNS: is Each Major Tenant shall be permitted one Channel Letter Sign on the principal elevation of the building, preferably centered above main entrance to the store. Major Tenants shall also be permitted one Under Canopy Sign (see Exhibit "B"), one Service Door Identification Sign (see Exhibit "D"), and at the discretion of Landlord, shall also be permitted identification on the Shopping Center pylon sign(s) (see Exhibits "E" and "F") in conformance with Landlord's criteria. In no event shall the letter size for Tenant's Channel Letter Sign exceed 6 feet in height if Tenant's leased premises is under 44,000 square feet. Each Major Tenant may be allowed such other signage as specifically approved by Landlord. The color, style, size, design, materials, construction, illumination and,method of installation of Major Tenant signs must be reviewed and approved in writing by the Landlord prior to fabrication and/or installation of any sign work. The area covered by the permitted Major Tenant flat wall sign shall not exceed 4% of the area of the facade to which the sign is attached. No rooftop signs or free-standing signs of any kind will be permitted. The installation, permits, maintenance, repair, power and insurance of Major Tenant signs shall be as established by such Tenant's lease. CLASS II - MAIN SHOPPING CENTER BUILDING RETAIL SHOPS Retail Shops - Signs for Retail Shops include all Retail Tenant Shops other than those designated as "Major Tenants" above or as "Glass Front Shops" below, in the Main Shopping Center Building as designated for such on Exhibit I. Page 3 12/05 ' ` T • CLASS IV - FREESTANDING BUILDINGS (MONTCLAIR III) Freestanding Buildings (Montclair III), in the area designated for such on Exhibit "I". PERMITTED SIGNS: Each Class IV tenant space shall be permitted one Storefront Sign; one Channel Letter Sign (See Exhibit "A") per each frontage of the Tenant's space and one Service Door Identification Sign (See Exhibit"D"). Tenant shall utilize letters no larger than 24" or smaller than 18" for its Channel Letter Sign. Landlord shall operate signs with a time clock, which will turn the signs on and off automatically based upon hours determined by Landlord. It is the Tenant's responsibility to perform and pay for permits, maintenance, repair, power and replacement (not covered by insurance) for Tenant's Channel Letter sign. Insurance for all Under Canopy Signs and Channel Letter Signs shall be provided by Landlord and Tenant shall pay its prorata share thereof as a part of its property insurance charge. CLASS V - FREESTANDING BUILDINGS ON PAD SITES (MONTCLAIR II, VIII, X AND XI) Freestanding Buildings on Pad Sites (Montclair II, VIII, X & XI), in the area designated for such on Exhibit"I". Tenant will be allowed to attach a sign or signs designated by Landlord. All signage is subject to Landlord's approval prior to fabrication and installation. The installation, permits, maintenance, repair, replacement, power and insurance shall be Tenant's responsibility and expense. In no event shall the letter size for Tenant's building signage exceed three (3) feet. Landlord shall operate signs with a time clock which turns the signs on and off automatically based upon hours determined by Landlord (excluding tenants in Montclair II and VIII). CLASS VI - OFFICES Offices - Signs for Offices located on the upper level of the Main Shopping Center building. PERMITTED SIGNS: Each tenant of an office space shall be permitted: a) one sign space on each inside and outside Directory(s) for upper level office spaces. The letters on the Directory(s) shall be brown, 1" high and all capitals (see Exhibit "C"); b) one building standard placard sign to be placed beside Tenant's main door adjoining an inside corridor, if any. The sign placard shall be approximately 9 1/8" by 9 1/8". The background color of the placard shall be brown and it shall be lettered with the Suite number in 1" letters and the Tenant Page 5 12/05 • P 9 = b i 1O s rF = � a i xZ y;� m z 6 a P -, ¢« Z Z x '! i Qs. ; ; I— 0 0 i Eitiolt w I I p3 , , x }< g \ , p s ii Cstl j _.,. �� 1 > z 59 ` ,Fa L� � *'� � a^�a 0 � "r:- -4 3 t„'L s r-`Ss' at j 1 tE '� .-0� = .Di , � z 1 K2 m r r r ,8 m ',P.' P w 4 f Vo, r 4 x ox d gi P iA y ' 'N",- FaiK N 1R ig 6 xi ! vii a,'' ''' '''I's',.`•N.',AW‘.&W\4' T •\:',k.*;,,kv"\,,— , •4\ •s'i\'''W'• .."•' V4,9.5t,'' ' / I i , t> 4fi3` I . ; - y v � , 1 � 0 CC; ` \ s _� (n t i / i _ . , ° IIIM D1111. ,. ., —13,76,-- i �hi Q° i k 1 I �3 �o r • lb=Z co c 01_12, _ H lc, ' -fig—MN. —'—' MIo ic�y7 ili DECENDING •-11.75"� 2-O 11.75"-- O BASE UNE ! ' p FOR ALL 1 LETTERS 3'-11 1/2' BETWEEN REVEALS I I w w a 709 r _ ?s 0 i°p ! 1 A 1 g liA § A e � _ N c� Us D o S b. ® [_ o W fli;1-- o st if, — t.-,,6 i L.' m o 31 6 EXHIBIT "A" Page 7 Page 1 of 2 M . ...' RECEIVED , • • \ \\' APR 2 2006 \�•\�'\ ,, \,. \\ '\' CONTROL �,.\.; \., COMMISSION • • • \.,\ `, ...\.. \,`,,\\\\\\:''`N ! b.: (.2 i • • FR ,t as`\\ j e y • • • Y\ ` .MS r • ;��\\.� 41\ Y\,.\ rat r `. i. • . of„rr • . ' . t- ....‘:'' ',‘,'.P!'- ..'• \F' -'; -,.' N ''..;4`.•' . 1 ' :* ** '*': ,,:>-.' :: , • • • • tA-", �u «B" Page 8 EXHIBIT Page 1 of 2 I • k . i • • • - - - rf. d'a . :' • S'�`:.,% ,'`li WHITE LETTER& DOTS W/MAGENTA . t .a i' •OUTLINE _• • ikI • • • I` ,1 I PF.I0- _..: • t i : I.� • • • • '' COLOR PEARL FIELD OLO \9 i , i . __--._.._..-.-. Z.:.:. - I,'• FIELD COLOR—MAGENTA I = _ I I:i • i I —_ ""' SLACK LETTER ON 1 il Ili WHITE BACKGORUND 1 • I,� . ,( DIRECTORY PANEL „ • i • . DIRECTORY •:SINGLE i^AcECD sioki 1• 3/4�"- 1 C�.. Yage 9 EXHIBIT "C" le , X , 1 t , t ---T-- -------- --11111---_______. -1-----------. • $ .------------ M 0 NTC LAIR ON CENTER . 1 •_------ 1 . •... . . . . . . , . ..3 -N‘' . 'Y'.'' ., . k. . 1 .. .1.:.. , r , fe' '' 114 . , Ai-it. AO R 1 17.%i: f ,. .., i,. - . .. . t . All arS ,- . . ... . .. . . .. • - , ii ..- co t co c Cr N 1 r.p.2.p 0,111 ta,e.w Y rt.)z i,,i V41.1itiCi'5 . i .. : .C,Ifib hae Sr r-. - CO 1 TUE ARTS Ail, 6. Ckris.STORIL I , . . Sil• I ii.a.ii.C.0(.:k Fal)rit-" . , • , , , SCALE 1/4" = ,1 1 i ,.,...„,.. ir—ip....,..*„. te.,„...4.i — i4,-.4.m. )------- .7.-3:-.7---4,-;•!,71,7,-..,-!.': :-::::-..-..:-7';'' . .. -L,..-... :f.....•.. . 7' ,......:„.A Panteq`721,t.V"L'.".V."4 1-4-'t;A:z-1;',7,!:,,,•,...:,,,.,.....,,...,,,.,,,,!:,.....:„..,.. „---... . . EXHIBIT "E'5 • • ... Page 11 ti .. • . 1 .. . , ... , 200 , 83i, , _ _ i • A Os N 1 rimmow moNT.c LAIR co . . ON CENTER c.,------..- , , .,. ••••,-1;/..:1,6 , e.4,744,:r:tli•fOliti4k,'AV'ili''- • 'ti'WtifiVtif:01Z-tV'NO'Vtial4Wv."`,!'-;7%.7,V4'1•av,ito.21,.P4A-tPioi4*-P:t4f4isaikt-1.4.-te,-.:'414,1a4.,,v ..,..,,;,,. ;..;flic::"..'"'..''''.',:',.`;•6 o,.7.;-..;; .i.AO:- t fi..:y '1' -.'ei:.:P'.'•7' ‘1 44 V. ir if • 4 i,4 ,A PIA . , S-6- '-'''. , • ''. `'''..0-' •f?•7'.:.1(.-•;'- :. , ,,..,,,:,,,t,'..:6.,ti'•Ot'ti-...i'A ti,•;4•!,r.',*Y.qi1: .'t it'''tit,''r,_...rv„w.,,,,-4-4, •., .,,,,,,o.,,,.,...4,..,:,„...y.,4r,y,.*%....,..4.„4:.:o„,„::.. >. • - F t ti I ' ' • ',,,.•,,,-. ,-••tilic,,,,,,tic,•titi.titio;:itittl,;'..ti,-4,0!.*:;V::::.'.,..',4:;•QttV,i'l r-- = 1;q;jai0.01;40i0V,P?: id",'WN:NiVettlk .'Wif...4,3•,K4 . att;',..:ON.,..r.1,,t7.041,.:a i'.1.3A."W.q.+Si:O.i.:1 . : 124 r''4 •5 4AizAii ,-1.'i,i ,..,:l. :.:,.1,`.tg,.. ..-4-,. t' 1.. -67,..,,,,444....>,.-,,r.•..,... • ',WIT.5',4"...,,, ..•,ptitl.i.i. 4.; Ire-' .f! t r. • . .40,74,..f,14,a'•2?.,...-4,-;',..,..:4 :i4:1•Cq•C'''' .t.'4-.414.' ••'''' '';'t 'le ,'.'4, . I ; 4ft.,;%.,:;Y14.4''.SYe'.g3';:t''. . !.i '.-:-.Q.,,A'.i.I.Cii,,, ,q0;,'-r: Tii.tri.,i9- , •:. • •IL,.,,,,,,.,.KM„,,,„,_...,,.-4,.,3,- „„ht:.4-,,,,...,.:4,:,., 1 LC') ...,,,,g.,,,,,vklq...,--, ••- ., ., 7."'" ' •" "::.,, ,,/.,..,..........,,,,..,1,*-.,•,,,,..:Av.i. ..-4,,,c, ......,„., ; „...,,y,...„k;•. :4-4-1,..-1,..0,,,:tr..,,,,,,:*,T,1 ;•,,I,T,T.,4.',1•,,,;',4v.,-..;.f.i.:1;...i.,...:5F,...:,,i,,,,,.....d.,,;:,::::.....-. ' ' - ' ''';''''• i,,F.:AW454A6,:,,t,.;;;. ;-•Ivz:-.4...4%-L-.?•-••1:tht....y,,v-4,-.0.it..,,,,;..0..k,;,.,..•:!...,.?;.., , .. •m4:'..-?4,1%s,4s.,...,;.......,:.,...,,...,11..!.,-,.-,-.....-:r., ,,.1, -16 0: ITEM;P•PAVR.M4F-FiriV.,P,410:4q: :,4 a:•17.ii :t/f;;•‘;WiaitlifEitia:11,4'44,A1PP67ftgkO;crp . P:',Ag?..*Ohil:11 .0.14. i I CN . .• , .. •,,,,,.7,.,21111.,,.' 1:&V, Pigi,g-'•7refilDliy 71011j4II.A‘fi . i, 9).ig,g;i1;7z.Myiii&Z,:iie ,;.;?,..-E,,,4,,,,,s7v,,.1,6,,:..,,.. 71,•;;;.,,,„0 , ,, ,,,,;, 1 . :51 '5 , ;.X.: • . ''''''''.1'"7••4 -.-,!..,.,-L,V. '''."."" ,z".'*".:,..W.Ot'.,".-,...46444,.. g,043'...,.t;•.,:f L ''..f;IV,I.4'.. ).':•..:la.r 4 .f 8•02V? ..1',"74; '.1311701IP ' . I t I q4 .,,. 1'•,Y.'k. , .4 .• .. :-/..," : , .:.t;',14,4V.,'CI •."....! ,:•1 r' .).:e.,,.•s„ .• .'•:. ;'.:;', • W.,,..-..,:.4-,,,,_..--,..,,,,,,,,,•..,.,..;•;1„,,,, 5,•-•k,‘i.5.,, ..0.-vaffz,i•i,,,,..,.:•,„.4••4:;.tv..q,k3v.y.tAiliiln,.,r4,',1..w).•',•:., •A;i4.'illiyo:dil:,:0,1$],t,:;;:linati.;0•0:?,ip,44:M•,.;:, ,*;,.N.e.,:t4s,;!„::,42.,:-...•:,e,-,•-•..,-,::- .'4,•;.6,5,:!-,•,:,• 1 •.. , 1• , . .. . , 4,••,.:.: ,p,ify..ig45.,;-;vp;l:::-;•••:pFtl,•ot.co-.:,-0',..11,1•:,• •T•tp::,0,:t.,,,,,,,, Y•4,,fi,,'•foLva.t,t0e,..:1a,•%•41.,.,L.z,';?171,-..,-.7.7,..7--PAi.r.•,•,,...,-1,4,1:•:TA-,:', ..,:.^-qe.,.-*.11,:,r4t--,•,••'•:,•f!' ! 1.41):14•!4,.- •"T''''' 'Pli,...igt,-'2,pi".4,04,'N,S`-. 'ilk''I -,, •. ;.,,,(''' '''!*.. ,:npL,i;tiii,1;ti,,11,! ' 1 til-Qa .111 •...tg Ati,t.tiit., .4 f,'':"4 t,"•,,Z1..0. 'tin,tit,',0 Aliti•tii .g4. Z.''-',tigiO.,,:i - , V a• :,••• /Or, ls. .., . !eq ',21,v. , .... t.. , ,,,,„4„,,, , 4'61 q i 3 ii• c;-••• ; -I • •141 .4...=.0 ',..?..r: t, Atli 1'. q4, •i•?...'.',:,•: • F 041. ;, : . 0. _4,, ,... .. ::,_. .,..,,,,,,, ., ,,,c,..i 1_,.! __ •,... ,,A, 1,..'4.,-.'41'11,, ,ing;;;f0A,..4.0.<1.M.TL14.1..teeeW,,AiggiV,IiiM:,P-i9,. .Tetil-IMP.MAYA,4:',.,z: ? • : . _ _.. _ • . ; • i ‘ . • SCALE . . . . . /4" in.=I •...:._.....,,,.......,,,:„.,,,,:„,,,., . :.„., ,,,.-_,_::,..,„„,„.,,,,,,„,,,,,,,,..„,,,,,mrg,,, ,.•'..:, i-•4 c" I it;;R•pl,;.!:,-,v-ii•-•:',..:1„?7,.:..' .7.;,.....,,ti,, ..,•,.•,: .,...., . . D".17.27W..... .t ;ZT':1';,'i:,;,'..;..,':;;1•••.!..'7 ,•,. S , ..-7-7.,;.4.:,,t,•,.7,,Y3ii;±,ST:`!....!":41:".'.7,:.•..,•-,'.',.,: •.,..,.• ....,.,...r.,,,:: ,:,.''',11:.1“c..',_.::,:. ....,...:.,,"'".. i ':'.''.'"'''''.-7.`2.'-'4',4 i,I.:1-4,....':„•'.,,,,,'''•.':x ',.,......,..,,: ,..::. .tt.'' '.L."-ieSCE11:i'''r•'-:fill.....:'•• ., '.', ,:.,•..-..•..-,•'..!' •;764.!ga7..5!'if.'.4•:..''''. '1. ',..,.....,•: .'„•:' ;'..,,,.!..•:• :,., •• v:•••• ;:7.'!".:!•...:...'.-:••,.-'-•:•:•:• *.:•.''.•''',!:,...•.'•".••i:•:,.:--:;'.•';r:••••;:', I :'::;:-`,'-.':••.:': :•'.;!.•••:;,.,,,,•::-:-.:7;:.:"i.:-..:.;•;.-:,,'• :,''':••••1:r..--•':,•.:ti:'••:-••'-• ... '''.• ••:-..••:•••••,/1•:-.'•;„'"::.•f:,n'•,:•`q-.".i:.::,,..:'......:ffi,.?':•,,.'•:::•,.:?,. ,••,...:,....c,,..., ,,,k,;.; ,,.'..;•,•:•.,:.;;'......•:•.•:'...':::•':':r:'.'-''':1" ';.•'''''••'...'''''....i'' I 1 i f.. • ............. _.•.: • • - • I . _.„ _._.... ...... , . • • . . 1 . • I Page 12 EXHIBIT "F1/ .. . i . . [ . • 9'4" . i • t 1 --------_-----------'--T 11111 . . . . . , • 1 7%" ....,--- • . . . ..._______ . . MONTCLAIR . 4. i I J 4" ,- PROFESSIONAL,CENTER. } . : .• . t. t-Assist Investment Management!..Novia Intemetworking ..-. •. • . i "• .. . i . :. Celebrity Services..•.' .I Shelter Mutual Insurance Co,:' l . . . . . , . &:Switzer,. ,. • Matthew D.Skaft,D.D.C. I Hathaway . LL.C.•,:,.. -• . ‘,. .. Farmer's Insurance Group I Caylovic&Fleming, D.D.C... • i-- i • Kielty&Velasquei '.' 1 State Farminsurarice. • - • . i , . .. • . ••- I Midwest Housing Equity Group•.- • ,. ..• .. - . ... . . . .. . .. , . . . . . . ,.. . -.. i • = . . . .. . . . . . .. ..7:t...4.7.,...".......... .....,4......*. .•• • . 1 . . . , . i .. 1 . . . (2.. t. t,. .4, , r l• v .., QUAUTIINNIGENcN B . ...". ,. . i .i . . .. . . . . .- . .2...0 9.:_.7•-)'7 2. • •• .- . 1/4)0- i 0 f t...) • • ; .1 I - ..,._ Se him Company . . L',.... . . • . •. • . • . • . . • • . . t •. - . . . , 1 •• . . ti • I 5' . 1 . . . . , . SCALE . . .• • - . . . p.orpiwiTivR1 3 =MI . . i - b ....,....7..t..:.64:::27...i.1;r: Ijii..C... / in.-1 ft 8 ,ICS k.t.ia •i;',--.7.:;.irv..tv,--- R'LYz..14sA:::1•17.01.2-0-1-- , -...,,,,,,,,-,7,1!'"faille;?4° . . • ..,11......r.„ _._...Z•711,.,: ;„-fr.., :vi....-.z.2•.,%/4'-iy, .1,1 11 ..,.. . .:;•.0..,• • .re.cage.T-4_ , ta-T-- -.°.:a v .,.;: ,:,.r.:, ..,„,,,........„,i,:,. rri.4!. ..F.A.-'" •' +Al i nfigtEXIMifil!'; : ,.-'''.':•••;.'•.;.;.'";''''.", f?.•': ...t•-•,':, . . '",.,•••!-.!.*0.4.‘?,;!,:;A:UA;Oiliiitlara ,,•' •;.r°1011.7:1121r.A.417.:•75';'f4•\,',. ...',1i, .,,v,,,,i;ii-14 :4:`.1•, •YZ.:*•:•'.;''<i-IC.' ir" r a. ....:-....,-.42727.F2;.... .. ,...,..nii,•-:,,,,N,.,..;0;• . I le i &AF-I ;''4.:' ;',:::-..i,','.A.Q;f.:-:+0.A:.711!Ii%• ..:.*,,•::;•0,,:,••;!•;-,-"z:.•rv:•:::••,:.:,;-,;......t...-.;;:i.v.::••••'..,,q,14.;-tagail ••,,, a;4,,0•::•6g',.. ,,.;•••• .,4••;.-,.111., A•li,..,-...... - ....,,,,,.,;%,'.....:..V.i,I.,:•,,',f!.,,.''f,•.,....,•,..„,i,r.,.,i3 ..61,.,.,..„..t...„.7„:...,....k4• „,i,,,..,...:,,;...,,,,.,:...,..,..,„.,:_:,•,..,.,..,;:.,...:L. .1.4,,;4, •,•:,..:,,,,....,..0,,,•••.,,,„,,...,,,-„,...,..„,..,,,„.,1,...„ , . ::,.,,_........„, , .....„..4:„.....,.::,. .;:,..,,,,,,,,•• • 1 , „,.,,,,„.,.,:,...7:::!. : .„,•,,i.k.r.•,,,,,.,,,:,, 'WO-k.,,..,•,''.'•;NON,.,,':•.','••,.,•••••:"..i,A,, 17tratenifS'' '*'•!1!irt,!r':;;'.0 ..,-''?2.i'l :3**.!:?S':Z;„ ' .1t".:',,,11!',.4.:4111,,-.•:4•17•:::,•,..^.7,,r4,,,;••, '.1.,,,,,,,i, ''''•il:'':',.;•.',...;.;• ;.:•".r.A.:4.k1;%.-,5a2;;.,..i..; -''' !;,F;;;;,•';',..,i'l ;• ..,.e."•':';',...••..'!••',.,..V•..:..,.,;,1; • -,:•o:..7;:•'''-',4:,,,•,•'.:.!!..`'',,,.. .';;;-•••• •1:.,.'",y,,,, . "'''f:7!'%VV;';':'' '• :'',..ir' '''''.er; •‘.2,•';i.li'•;!'..;.:40,'. (.4,•:; .';','.k'• •!7.•?i.'''•'•::,..,:!.*,t••21ip • Page 13 • • EXHIBIT "G" , , • , , . , . . • . ' \ .., ' • • '''' K N 4- ,1•'..1;. ->". - 1->,, .V- - l U N$I;1 .nu C• / 1 i • "4:E ilk i ( ` \ \\\\�\\1 • i fr#7/79////7�� ' /////11111. - • co \a. g i . rr._ vr..7.tj,k__14-: 0 Lim ! LLI 1 .a q L a.11 V/ ////f" a.I tt „.0..5:,, 1 -7 - -.. x j • i Ny SSG/ \ 41 1,-, �= mZ. ..---.-.. ir, J—/7--,%' rk, i--=.'',.,,-. I', 9Q2.n_,•.ioxin--„ _aV/• z/ , / __..4_ __ .04. _.._ J r • 1 E 1 _ \ -, 1 ... 1 vM •F i E. Ma\\\M.' :71.1.:. a. > --..1..c---.77 •-::„...-.. :%:::-. : 1 1. ce ! t_\\; 0._ /-,4,4 ii7/A ; 0 -J -..„ , ....; ,...-...... Z i .- \ ' _ W \ \ 1 • ,. . : \ ,1 1 . , •, , . . , i ,„,,.,. ,.1 , , . , , „.. .......___ . • b _ 111111 -1+11 I 1 Il I f1 •--e�/1L , 1N. � • I cc • �— — --------` --- — — — — 1— — — 133NIS Pu2CT 'S Page 15 EXHIBIT "I" EXHIBIT "C" EXCLUSIVES AND USE RESTRICTIONS FOR MONTCLAIR CENTER PER THE FOLLOWING LEASES (SHOWING ANCHOR EXCEPTIONS) 1. CASUAL MALE: More than 10% of floor area for the retail sale of men's big and tall clothing. This exclusive shall not apply to tenants of 20,000 square feet or larger. • 2. ELAN: The retail sale of high quality furniture (except the incidental sale of accent }:. pieces) or closet and storage systems. This exclusive shall not apply to tenants of 10,000 square feet or larger. • 3. HOLLYWOOD VIDEO: The primary business of selling, renting, and/or distributing pre-recorded video cassettes, tapes, and disks, entertainment software, and video merchandise, including the sale and/or rental of any substitutes for, or items which are a technological evolution of prerecorded audio and/or video products and audio and/or video software and entertainment software including C.D. Interactive and C.D. ROM systems. The exclusive shall not apply to the following tenants: An Anchor Tenant of 50,000 square feet or more; ii. A tenant of 20,000 to 50,000 square feet selling (not renting) video tapes in an area not to exceed 1,000 square feet of floor area; iii. A tenant of up to 20,000 square feet or less selling (not renting) video tapes in an area not to exceed 500 square feet of floor area. Furthermore, no portion of the Leased Premises shall be occupied or used, directly or indirectly, • for any uses that: i) are obnoxious; or ii) generally detract from the general first class retail nature of the Shopping Center. Such unpermitted uses shall include, but not be limited to; (a) second hand stores or flea markets; (b) storage of motor vehicles, boats or trailers; (c) automobile repair operations; (d) "head shops" or other similar type uses; (e) automobile sales; (f) vocational schools or training class unrelated to a primary use (unless the Leased Premises is located in the office-related portion of the Shopping Center; (g) manufacturing or assembly facilities; (h) churches or places of religious congregation. 4. THE SPORTS AUTHORITY: The retail sale of sporting goods; it being the intention that The Sports Authority Inc., (and its successors or assigns) shall have the exclusive right in the Shopping Center to operate and conduct in its premises a sporting goods business. Sporting goods shall be limited to: men's, women's and children's athletic sportswear and athletic apparel; athletic footwear(which shall also include, without limitation: in-line roller skates (e.g. roller blades) and EXHIBIT "C" INITIALS IMPIITANN /ifAll 5/02 II EXCLUSIVES & USE RESTRICTIONS— MONTCLAIR CENTER ice skates); fitness equipment; golf and racquet equipment; camping equipment; marine, fishing and hunting gear; water sports equipment; ski equipment and apparel; and team sports equipment and athletic apparel. The foregoing shall not restrict Landlord, its successors and assigns, from permitting or suffering the use of any premises in the Shopping Center for the incidental sale of sporting goods. The term "incidental sales" as used aforesaid, shall be the sale or display of sporting goods (whether individually or in the aggregate)which occupies less that 2,500 square feet or ten percent (10%) of the floor space (which shall include one half of the relative aisle space) of the business operations therein, whichever is less. This provision shall be considered null and void and of no further force and effect to the extent that this provision is prohibited by the Federal Trade Commission or by any federal, state or local law, but in such event and within thirty (30)days of receipt of notice of any violation of state, federal or local law, ordinance or regulation, this provision will be renegotiated to bring the same in accordance with applicable federal, state or local law, ordinance or regulation. Furthermore, no portion of the Leased Premises shall be occupied or used, directly or indirectly, for any of the following uses: (i) a bowling alley, carnival, fair, arcade, game room, skating rink, billiard room or off-track betting establishment; (ii) a massage parlor; tattoo parlor; peep show store, head shop store, topless or strip club or adult book store (which shall mean a store which sells or offers for sale sexually explicit printed materials, audio or videotapes or films and sexual devices or sexually oriented entertainment) or any other similar store or club; (iii) a bar, tavern pub, or other establishment whose reasonable projected annual gross sales or revenues from the sale of alcoholic beverages for on-premises consumption exceeds fifty percent (50%) of the gross sales and revenues of such business, except that one (1) of the foregoing may be located within the Shopping Center but; not within two hundred fifty (250)feet of the primary customer entrance of The Sports Authority; (iv) or a restaurant or delicatessen located within two hundred fifty (250)feet of the primary customer entrance of The Sports Authority; (v) a ballroom, dance hall, discotheque, beauty school, barber college, theater, health club, karate, gymnasium, physical fitness facility, spa, fitness center or workout facility, place of instruction, • reading room or any operation catering primarily to students or trainees rather than to customers; office use is permitted only for (a) backroom offices incidental to a permitted use, or (b) within any portion of the Shopping Center other than those premises located east of the main entrance to the Shopping Center from West Center Road and so long as the primary access to such space is provided in that portion of the Shopping Center which is south or west of The Sports Authority; (vi) a gun range or for the sale of fireworks; (vii) a "second hand" or surplus store; (viii) a mobile home park, trailer court, labor camp, junkyard or stockyard; (ix)any dumping, disposing, incineration or reduction of garbage (exclusive of garbage compactors located adjacent to the rear of any retail facility); (x) any central laundry or dry cleaning plant; or a laundromat located within two hundred fifty (250)feet of the primary customer entrance of The Sports Authority; (xi)any automobile, truck, trailer, boat or recreational vehicle sales, leasing display or truck or trailer repair facility or any type of gas station or service station; (xii) any hotel, lodging facility, living quarters or sleeping apartments or lodging rooms; (xiii) any veterinary hospital or animal raising facilities (except that this prohibition shall not prohibit pet supply shops which provide veterinary services; (xiv) any mortuary or funeral homes; (xv) any car wash or car, truck, trailer, boat or recreational vehicle repair facility (other than a car repair facility similar to the ones operated by Pep Boys, provided such repair facility is operated in accordance with all applicable laws and regulations); or (xvi) flea market. Tenant's business in the Leased Premises shall be operated in a manner consistent with a family-type retail shopping center (office allowed where specified above.) If Tenant's Leased Premises is in excess of 20,000 s.f., Tenant shall operate in the Shopping Center on a full-time basis during at least normal business hours Monday through Saturday; it 1/02 Page 2 EXHIBIT "C" } , ttt EXCLUSIVES & USE RESTRICTIONS—MONTCLAIR TCLAIR CENTER ,. shall not operate on a part-time bases (e.g. for only a portion of the week or month) and it shall not operate seasonally (e.g. - a Christmas or Halloween store open for only one month per year or a tax preparation facility). The foregoing shall not require the continuous use or occupation of Tenant but is only intended to prohibit Tenant from operating on a part-time basis for only a portion of the week or month, such as a discount store operation which is open only as it has stock available to sell. i 5. MICHAELS: The sale of art supplies or craft supplies or picture frames or picture framing services, or artificial flowers, or artificial floral arrangements, or wedding or party goods (except apparel). This Section shall not apply to any lessee for which the sale of a product or service covered by the exclusive granted to Michaels is merely incidental to such lessee's primary use, unless the total space which such lessee devotes to the products or services which violate the exclusive exceeds 2,000 leasable square feet and further provided, no more than 1 occupant of the Shopping Center other than Michaels and any pre-existing occupant who may be permitted to offer picture framing services pursuant to the Michaels lease, shall be permitted to offer picture framing services (which other occupant shall be referred to as the "Permitted Framing Service"), and the Permitted Framing Service shall only be allowed if picture framing services is merely incidental to such occupant's primary business, and further provided that such occupant does not devote more than 500 leasable square feet to the rendering of picture framing services. Furthermore, no portion of the Leased Premises shall be occupied or used, directly or indirectly, for any of the following uses: 1)funeral establishment; 2)automobile sales, leasing, repair or :- display establishment or used car lot, including body repair facilities; 3) auction; 4) pawn shop; 5) outdoor circus, carnival or amusement park, or other outdoor entertainment facility; 6) outdoor meetings; 7) bowling alley; 8) primarily pool or billiard establishment; 9) shooting gallery; 10) off-track betting (provided that state sponsored lottery tickets shall not be prohibited); 11) refinery; 12) adult bookstore or facility selling or displaying pornographic books, literature, or videotapes (materials shall be considered "adult" or"pornographic" for such purpose if the same are not available for sale or rental to children under 18 years old because they explicitly deal with or depict human sexuality), massage parlor; 13)any residential use, including but not limited to living quarters, sleeping apartments or lodging rooms; 14) theater; • 15) auditorium, meeting hall, ballroom, or other similar place of public assembly; 16) unemployment agency, unemployment service or unemployment commission but only to the extent any of same are located in the area known as 12975 West center Road or premises east thereof in the Shopping Center; 17) gymnasium, health club or exercise instruction studio; 18) dance hall; 19) cocktail lounge, bar, disco or night club, but only to the extent any of same are located in the area known as 12975 West Center Road, or premises east thereof in the Shopping Center; 20) bingo or similar games of chance; 21)video game or amusement arcade; 22) skating or roller rink; 23) car wash or car rental agency; 24) second hand store, auction house, or flea market; 25) restaurant but only to the extent any of same are located within the Michaels premises or within 200 feet of the perimeter of the Michaels premises; 26) non-retail use (which shall not prohibit in the Shopping Center such uses commonly referred to as "quasi- retail" or "service-retail" such as a travel agency, real estate office, insurance agency, accounting service, bankruptcy sales, school, dance studio, car repair, etc. and shall not prohibit office use if same is located in Suites 1-25 (i.e. upper level/west end)or located in any other suite in the Shopping Center provided same is incidental to a permitted use); 27) the "noxious uses" from the Sports Authority lease set forth in this Exhibit "B" above for so long as a Sports Authority (its successors or assigns) lease remains in effect); and 28)the uses restricted 1/02 Page 3 EXHIBIT"C" EXCLUSIVES & USE RESTRICTIONS— MONTCLAIR CENTER HECEIVED I by the Hollywood Video lease set forth in this Exhibit"B" above for so long as a Hollywood APR 2 6 2006 Video (its successors or assigns) lease remains in effect. NEBRASKA 6. RADIO SHACK: CONTROL COM LIQUOR O JN The retail sale or display of cellular phones and pagers, only (the "Protecte F Merchandise"). This exclusive does not apply to tenants occupying 10,000 square feet or more. 7. GLORIA DEO: For the primary purpose of being a Christian Book and Christian based gift store. Ancillary sales of Christian books and Christian based gifts shall be excluded from this provision. This exclusive shall not apply to tenants of 10,000 square feet or more. • 1/02 Page e 4 EXHIBIT "C" r1V0ceI /!/� i> \ 8/98 • Si 1 ii s MONTCLAIR CENTER s TENANT DESIGN AND s CONSTRUCTION CRITERIA 1� f X PREFACE % j This booklet contains the design criteria for tenant spaces in the Montclair Center. The procedures in this booklet will expedite design reviews and the construction of Tenant's store, s and will avert unnecessary delays. This document is intended as a guide, only, and no warranty , is made that the requirements herein are all-inclusive. b e s /i ] 4 e 1 ` 1 I'; 1 '//y I+ s i .,. 0 . s Exhibit "D" INITIA ,. TENANT . • MONTCLAIR CENTER TENANT DESIGN AND CONSTRUCTION CRITERIA A. INTRODUCTION. Located in the heart of the busy West Center Road Corridor, the Montclair Center provides a multitude of shopping experiences. Although comprised of several separate structures, each element has been designed to form an integral whole. This design integration has been achieved by the use of certain colors, materials, and coordinated design motifs. It is important that the integrity of the whole be preserved while at the same time allowing tenants to express their individual retail identities. B. BUILDING STANDARD CONDITION OF PREMISES. Unless specified otherwise in the lease, the following non-inclusive list is to inform Tenant of the basic condition of the space provided by Landlord at Landlord's expense: 1. Floor. A smooth trowelled finish concrete slab which on any upper level is designated to support a load of no more than 75 p.s.f. F. 2. Walls. Perimeter of building only (drywall, taped and sanded) 3. Plumbing. In most cases, water and sewer valved taps available in slab, or in the case of water, may be above the ceiling 4. Mechanical. Unless otherwise specified in the lease, one heating and air conditioning unit per bay-size varies 5. Thermostats. One thermostat per HVAC unit (Note: Thermostat may not be located in space if unit is shared). 6. Electrical Service. Amperage varies, but normally 3 Phase 4 wire 120/208 7. Fire Protection. Fire Protection varies, but most buildings sprinklered 8. Telephone. Telephone conduit provided to space. (Some wired to.switch) • • 9. Restrooms. Subject to plans of Landlord for specific areas, Landlord will provide • some common restrooms for tenants and their employees; in those locations no additional restrooms are required except as shown under special design factors Section F(2)(d) below, if Tenant's premises is over 10,000 square feet or if otherwise required by the current city code. See Section D(2) below for design specifications. C. WORK TO BE PERFORMED BY LANDLORD'S DESIGNATED SUBCONTRACTORS,AT TENANT'S EXPENSE. The following work will be accomplished by Tenant utilizing only Landlord's designated subcontractor: • • 1. Electrical. (Outside of demised premises) 2. Fire Protection. • 3. Roof. 4. Structural. 4/98 Page 2 • EXHIBIT "D" a . MONTCLAIR CENTER TENANT DESIGN AND CONSTRUCTION CRITERIA. D. REQUIREMENTS FOR WORK DONE BY TENANT. 1. Code Compliance/Permits. All construction, alteration, repair, renovation or reconstruction work undertaken by Tenant shall comply with any plans and specifications therefor approved pursuant to this Lease, the requirements of all applicable governmental authorities having jurisdiction and all applicable laws, ordinances, rules and regulations of such authorities, including without limitation, zoning laws and building codes. Tenant shall also secure, or cause its contractors to secure, all necessary licenses and permits from governmental bodies and agencies prior to commencing its construction, alteration, repair, renovation or reconstruction work, and provide Landlord with copies of said permits. 2. Restrooms. Restrooms shall be in accordance with the ADA Accessibility Guidelines for Buildings and Facilities as detailed in Appendix A to the Federal Register,Volume 56, No. 144 in addition to the following Landlord requirements: a. 22 ga. metal stud framing, 16" O.C. with sound batt insulation all walls; %. b. 1/2" gypsum drywall, taped and ready to paint; c. Factory prefinished door and metal knock-down frame-door to be solid core with privacy lockset and "paddle" handle; d. Metal T-Grid to be reworked and plumbed level, 2'X 4' mineral ceiling tiles to match surrounding; e. 2'X 4' drop in fluorescent light to be switched at bath entry door; f. Ventilation fan to be switched next to light; circulation to be maximum for room size; g. Fire sprinkler head where sprinkler system installed in building; h. Floor and base to be unglazed ceramic or 1/8"VCT tile with vinyl base; i. All walls to be primed and painted with two coats latex enamel paint; j. 18"X 24" mirror over sink. All final plans and specifications for the restrooms described above are subject to the prior written approval of Landlord. 3. Penetration of Concrete Floor. Any penetration in concrete floor must be saw cut, or core drilled, and sealed by caulk or other approved material. 4. Interior Walls. Metal Studs must be utilized in all interior walls. 5. Electrical Conduit. Rigid electrical conduit must be used at all times within the premises. 6. Telephone and/or Data Lines. Wiring covered with teflon or other acceptable material that meets local fire code must be used at all times within the premises. 7. Roof Mounted Equipment, Structural Changes or plans to hang significant weight from the structure(s). This type of improvement requires specific examination and approval by Landlord's engineer, at Tenant's expense. 8. Natural Gas. Tenant is responsible for installation of metering, piping and all related connections to their premises from gas company supply point unless already in place. 4/98 Page 3 EXHIBIT "D" . i • , • MONTCLAIR CENTER TENANT DESIGN E: AND CONSTRUCTION CRITERIA • 9. Carpet and Base. All carpet used must be of commercial grade and must meet ;! applicable fire codes, and be so labeled. Tenant shall provide Landlord with a composite description of the carpet as part of submission of improvement plans. If carpet is installed by the glue method, "stripable glue" must be used, 10. Signs. See Tenant Sign Criteria attached to Lease. 11. Utility Work. Any work performed by Tenant to connect to, repair, relocate, maintain or install any storm drain, utility line, sewer, water line, gas line, telephone conduits or any other public utility service, are subject to Landlord's prior written approval and shall be performed so as to reasonably minimize interference with the provision of such services to any other party. Tenant shall not interfere with any such public utilities and services if such interference would materially disrupt the orderly development and operation of the businesses conducted by any other party, provided, however, that such disruption shall be during non-business hours and shall occur upon not less than forty eight(48) hours prior notice to the disrupted party (or not less than twenty four(24) hours prior notice to the disrupted party in the event of an emergency). Tenant shall bear the cost of any overtime or other additional expense necessitated by such request. Any work or installation, alteration, replacement or repair of utility installations which requires interference with the paving in the parking area or driveways in the Common Area shall be undertaken • with particular care so as to minimize the impact upon traffic circulation within the Common Area and access of all users to the various business establishments in the Shopping Center. 12. Construction Site Maintenance. Tenant will maintain the premises in a clean and orderly condition during construction. Tenant will promptly (but not less than daily) remove all unused construction materials, equipment, shipping containers, packaging, debris and flammable waste from the project site. Unless otherwise approved by Landlord, Tenant shall contain all construction materials, equipment, fixtures, merchandise, shipping containers, and debris within the leased premises. During construction, Tenant shall keep public corridors, service corridors and exterior of the building clear of Tenant's equipment, merchandise, fixtures, • construction materials, refuse, and debris at all times, both during and after construction and Tenant shall take appropriate precautions to protect against personal injury and property damage to the owners, other tenants, licensees, permitees or invitees. Any area permitted by Landlord for staging shall be kept reasonably clean and free of trash and debris. All trash generated by construction shall be hauled away by Tenant at Tenant's expense, using Landlord approved dumpsters placed at designated locations. 13. Construction Site Parking. Tenant shall cause contractors to park their vehicles in areas designated by Landlord so as not to interfere with customer and tenant parking. 14. Exhaust. Plans and installation of exhaust systems shall be approved by Landlord's engineer, at Tenant's expense. 15. Time Restrictions. Except in the event of an emergency, and then only as necessary to respond to the emergency and after reasonable notice to Landlord and, if it affects the portion of the Shopping Center located east of the line created by extending the 4/98 Page 4 EXHIBIT"D" s t Y � • MONTCLAIR CENTER TENANT DESIGN AND CONSTRUCTION CRITERIA western edge of the main access drive from West Center Road south to the southerly boundary of the Shopping Center(the"Eastern Portion"), to Sports Authority Inc. (its successors or assigns for premises at 12955 West Center Road), under the circumstances, Tenant shall not schedule or authorize construction, alteration, repair, renovation or reconstruction activity, including storage of construction equipment, to the Common Areas in the Shopping Center during the months of November and December. E. GENERAL PROJECT CRITERIA. 1. Tenant shall provide Landlord with 3 sets of dearly marked plans for"build out", signs and/or any other changes in or to the leased premises, or the building containing the leased premises in 1/4" or 1/2"scale, unless otherwise approved by Landlord. Plans should include, where applicable, without limitation: a. A floor layout showing existing and new improvements,and their dimensions, partition sections; b. Changes in floor levels; c. A reflected ceiling plan; d. An electrical schematic, "cut sheets" on all electrical and mechanical equipment (other than normal office equipment or cash registers) with details concerning power requirements including, without limitation, amperage, phasing, etc., clearly noted and a chart showing total loads; e. A plumbing plan and riser diagram; f. Color and material samples for all finishes (e.g. wall-coverings, paint chips, carpet and tile samples); g. A reflected ceiling plan showing supply and return air grilles and duct sizing. • All plans must be approved by Landlord in writing before commencement of any construction. In no event shall Landlord by virtue of such approval make any warranties or incur any responsibility or liability to anyone for any defects in the construction work based thereon; nor does Landlord by reason of such approval assure any responsibilities to supervise the construction work to insure compliance with said plans and specifications. • 2. Although Landlord may provide some architectural drawings, it shall be the responsibility of the Tenant, its architect and contractor to inspect the premises and fully inform themselves as to all existing conditions and limitations it will be obliged to work under, including all measurements for existing or planned construction in and/or adjacent to the Tenant's premises. Tenant's submitting drawings for approval is a conclusive presumption that these things have been done. 3. Where Landlord and Tenant are both performing construction in the premises, it is the responsibility of the Tenant and/or Tenant's contractor to coordinate its 4/98 Page 5 EXHIBIT "D" S I • � f MONTCLAIR CENTER TENANT DESIGN AND CONSTRUCTION CRITERIA construction with Landlord's contractor. 4. All contractors, subcontractors and major suppliers must be approved in writing by Landlord before commencement of construction. (Refer to paragraph D(1) for license and permit requirements.) 5 . All construction, alteration, repair, renovation or reconstruction work, undertaken by Tenant shall be performed in a commercially reasonably neat, safe and workmanlike manner and shall be accomplished in a commercially reasonably expeditious and diligent manner using good materials. Tenant shall take all reasonable measures to minimize any disruption cause by such work to the other parties or to their invitees and customers or other parties' construction activities and staging areas, to avoid undermining of any footings, to prevent the obstruction of the parking area in front of buildings, to prevent the obstruction of the curb cuts and service drives, and to minimize interference with the visibility of buildings, the building signage and any pylon or monument signage from all surrounding roadways, and shall make adequate provisions for the safety and convenience of all parties and their invitees and customers. Such work shall be accomplished by Tenant in such a manner so as to reasonably minimize any damage or adverse effect, including dust and noise, which might be caused by such work to the other parties and reasonably minimize disruption of and interference with use of the Shopping Center. Tenant shall repair at its own cost and expense any and all damage caused by such work and shall restore the affected portion of the Shopping Center upon which such work is performed to a condition equal to or better than the condition existing prior to beginning such work. In addition, Tenant shall pay all costs and expenses associated therewith and shall promptly discharge any lien relating thereto at Tenant's expense and shall indemnify, defend and hold Landlord and other tenants and occupants harmless from all damages, losses or claims attributable to the performance of such work. Without limiting the generality of the foregoing, in connection with any action to enforce this indemnity (as distinguished from any action against the indemnifying party by its employees), the indemnifying party hereby waives any immunity, defense, or protection that may be afforded by worker' compensation, industrial insurance or similar laws. Any such work involving the Common Areas or the exterior of any building in the "Eastern Portion" shall be undertaken only after Landlord's prior written approval and giving Landlord and Sports Authority Inc., (its successors or assigns for premises at 12955 West Center Road)five (5) business days prior written notice of the work to be undertaken, the scope, nature and extent of the work, the duration of the work, and the area in which the work is to be performed. 6. Upon completion of improvements, Tenant shall furnish Landlord with: a. Tenant General Contractor's Affidavit (blank form attached),which has been completed by Tenant's general contractor; b. Final Lien Waivers from all contractors, suppliers, and designers, equal to the • cost of construction; • c. "As built" drawings; and d. A copy of the permit and City of Omaha final inspection "sign-off or, if applicable, a Certificate of Occupancy. 4/98 Page 6 EXHIBIT "D" MONTCLAIR CENTER TENANT DESIGN - AND CONSTRUCTION CRITERIA APR 2 6 ZOOS F. SPECIAL DESIGN FACTORS. 1. Storefront Design. NEBRASKA LIQUOR • CONTROL COMMISSION a. Identity Retail Storefronts-The use of imaginative forms, materials,color combinations and graphics is encouraged. Only"building standard", or innovative storefront designs compatible with the overall design of the shopping center, will be approved. The plans therefor must include the following: i) Schematic Plan; ii) Elevations; iii) Type of closure; iv) Show all materials, colors and treatments. During the construction of storefronts, Tenant shall provide a temporary enclosure to separate Tenant's premises from the public. b. Under no circumstances shall tenants under 44,000 square feet have a storefront that extends higher than thirty three (33).feet eight (8)inches. c. Corner Visibility - request specific requirements from Landlord. ;. 2. Restaurants/Bars. All restaurants and bars will need special planning and coordination with Landlord. Therefore, plans must include: • a. Sizes and locations for all duct and piping through ceiling showing all required fireproofing; • b. Fixed and movable seating and counters; c. Exhaust system must be provided in conformance with applicable codes. Routing . of exhaust ductwork and location of all external exhaust fans must have the approval of the Landlord's architect, at Tenant's expense. d. Public Restrooms - request specific requirements from Landlord. • • • • • 4/98 Page 7 EXHIBIT "D" I - PUBLIC WORKS DEPARTMENT REPORT DATE: MAY 2,2006 DUE DATE: MAY 12,2006 CITY COUNCIL HEARING MAY 23,2006 APPLICANT: ZIO'S PIZZERIA,INC.,DA"ZIO'S PIZZERIA" LOCATION: 12995 WEST CENTER ROAD REQUESTED LICENSE OR ACTION: CHANGE OF LOCATION OF THEIR PRESENT CLASS "I" LIQUOR LICENSE FROM 13463 WEST CENTER ROAD DESIGNATION OF ADJACENT STREET (LOCAL, COLLECTOR, MINOR OR MAJOR ARTERIAL EXPRESSWAY): 1Y `a r A c 1 a l J ) JQ,/ l STREET WIDTH AND PROFILE:``( DJ u-Lanes T I VICiPA rAociduny SPEED LIMIT: 't'k rn i I AVERAGE DAILY TRAFFIC AND PEDESTRIAN FLOW: 44, Oa° - VPh5 IO J� ^? s bay ACCIDENT REPORT AT ADJACENT INTERSECTION: l Ik5- acc r'Boad 4- 1 0 / erukcz; (0 t \ o,4—l a(.3II -- 0 j as `J 1 45. 1/1/e4 Cm-&r. � 1 lO CX I Woocl (`!IV;- ()a. o i /-Co 2c1 d- 13e f i�rt'1I�Gj-- 3 acci fc,2g?'/Iveue 4-()Aboi- Otre tcleryt CLCP � 1 POTENTIAL TRAFFIC AND PARKING PROBLEMS: 1\k ri e f5/( — (Authorized Signature) (Date) PLANNING DEPARTMENT REPORT DATE: MAY 2,2006 DUE DATE: MAY 12, 2006 RECEIVED MAYCITY COUNCIL HRG MAY 23,2006 06 3 ``PH 12: 32 LOCATION: 12995 WEST CENTER ROAD LEGAL DESCRIPTION LOT 1,BLOCK 0, KVI 132ND STREET PLAZA, IRREGULAR APPLICANT: ZIO'S PIZZERIA, INC.,DBA "ZIO'S PIZZERIA" REQUESTED LICENSE OR ACTION CHANGE OF LOCATION OF THEIR PRESENT CLASS "I" LIQUOR LICENSE FROM 13463 WEST CENTER ROAD NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT THIS REQUEST DOES(X) DOES NOT O PERTAIN TO AN OUTSIDE AREA IF OUTSIDE: OUTSIDE AREA IS /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 within last 24 months) Q_CEXISTI ZONING: EXITING LAND USE: "'E,S I A'L1QPr h s6.'I . ADJAC N USE AND OING: _ N TH: ST-42 1 C • Y1 l Y`n iS 21 E ST• M() fAc(—\ti-_ I S-1121G� �L'--- sp 1/44 (5T2.(G'j' CC--- PARKING STALLS P OVIDED: G V. EXISTING USE DOES(jC) DOES NOT( )COMPLY WITH ZONING REGULATIONS .� t PLUMBING FIXTURES PROVIDED: WOMEN'S !v()NA E.- MEN'S c,K.N 2— (n� DATE SUBJECT PROPERTY WAS POSTED: � I U 'O� /kX • (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: !'O DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 0 (State Law) DISTANCE OF PROPOSED LICENSE 3'O ANY CHURCH 0 SCHOOL 42 f—'""HC3SPITAL4 L--HOME FOR THE AGED,INDIGENT OR VETERANS d c— COLLEGE OR UNIVERSITY (Aut orized Signature) (Date) yy 2 IL r...• --L90o 3N "WINO 99t19' �1s]1Yi3OSBYNOSsSito ... 1 y T M31N30 ONIddOHS Ji1Y701NOW e "•W: NO tt) ta0 1 14331400 OIlYd iiillit �. ea ts. a ti y VI Qom( � o — a .p {{yy —2 V1 vl .--. ; nV1 2 rr a� N N O N 1 u / V :SIP LZ / . // / N Silos SZ • / / / 1//§. co O I u VI w W -♦ rh •. V OU< ` r� _Z cc ad < J O kl i0. N� :______K_______. cc \ \\\ 3A'H0 \ \ - i/ -‘ >/ NNIkco H ` 0 > 41 . 9 III 5 o � N . \\T‘ -\ >-1 --C CI— .6! // t ‘1 C V L -,41\ ../ / / Cl • ii0 V3 P. 0 . \. \'1 \SI a., . .."-. NttNik • i ..,/j \ \ \\\ Ns. \ ,. \b,, X . ..,..) NC3rSSlWWO� �� • ---� \ 9003 9 a .d\J HA �otl►A , 1y�8 o Omaha Nebras a ;� Yi , ,,, 1City Ca..�Alio4_l 7 I ..**,, N 1819 Farnam Suite LC 1 ® rvia ,... il_. :4 ap Omaha, Nebraska 68183-0112 0�•:=- A..4... ;.,_.- �• Buster Brown (402) 444-5550 'PA ti, City Clerk FAX (402) 444-5263 oR4TFp FEBRv!►4- May 23, 2006 Zio's Pizzeria, Inc. Application for a Change of Location of Dba"Zio Pizzeria" your present Class "I" Liquor License 13463 West Center Road to 12995 West Center Road Omaha,NE 68144 Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for June 6, 2006 . 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. Since ely yours, Buster Brown City Clerk BJB:clj /Uc/f, e es NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that ZIO'S PIZZERIA, INC. DBA "ZIO'S PIZZERIA" has applied for a CHANGE OF LOCATION OF THEIR PRESENT CLASS "I" LIQUOR LICENSE (On Sale beer,wine and liquor] at 13464 WEST CENTER ROAD to be located at 12995 WEST CENTER ROAD The Omaha City Council will hold a public hearing regarding this application on Tuesday, JUNE 6, 2006 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. 1 4 e • S ro P ..fl a O O N CA CD n `i b N (D `' r 0 CD N O ,- CSJ C CD CND d1 n d O '"� pD' Q. — O Sv n N Sa. .: • .4"1O 22 C �2. V O w C CD CD g, N `- fZJD w