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RES 2004-1125 - Addition to 2nd floor and basement of Guaca Maya STATE OF NEBRASKA =='�i�E`STgT!yi Q "`"" f " EBRASKA LIQUOR CONTROL COMMISSION . , Hobert B. Rupe 014 AUG 20 AM 8: id Executive Director e •_ � �, 301 Centennial Mall South,5th Floor CITY r. r' P.O.Box 95046 `� Lincoln,Nebraska 68509-5046 Wi.. ¢W a fy NEBRASKA Phone(402)471-2571 Fax(402)471-2814 TRS USER 800 833-7352(TTY) Mike Johanns web address:http://www.nol.org/home/NLCC/ Governor August 19, 2004 • City Clerk Re: Guaca Maya Inc Omaha/Douglas Civic Center DBA"Guaca Maya" 1819 Farnam LC-1 5002 So 33`d Street, Omaha, Douglas Co. Omaha NE 68183 License#I-58640 Dear Clerk: The above referenced licensee has requested permission for an addition of second floor and basement approx 144'x 122'. Making license premise read: Entire first and second floor of three-story bldg approx 144'x 122'and loading dock area approx 57'x 12'plus entire basement approx 144'x 122' . See attached sketch. Please present this request for addition to premise to your Council and send us the results of that action. Sincerely, NEBRASKA LIQUOR CONTROL COMMISSION Michel Porter Licensing ivision Enclosure cc: File Rhonda R. Flower Bob Logsdon R.L. (Dick) Coyne Commissioner Chairman Commissioner An Equal Opportunity/Affirmative Action Employer Printed with soy ink on recycled paper A LIQUOR LICENSED ESTABLISHMENT HISTORY LICENSE #I 58640 GUACA MAYA, INC 5002 SOUTH 33RD STREET 68107 733-3440 DBA GUACA MAYA NLCC ORDERS 5-7-03-HRG 5-29-03 RE: CITIZENS' PROTEST*6-10-03 -LICENSE APPROVED W/ CONDITION THAT LAW ENFORCEMENT BE ADMITTED TO THE ENTIRE BLDG FOR INSPECTIONS * OTHER ACTIVITIES 3-25-03-RES#363 GRANT 5-1-1 PASS * REQ ADD 2ND FL AREA& BASEMENT AREA APPROX 144'X 122' CC HRG 9/14/04 LICENSED PREMISES ENTIRE 1ST FLOOR OF 4 STY BLDG APPROX 144'X 122' INCLUDING LOADING DOCK AREA APPROX 57'X 12' OFFICERS: OWNER/MGR-CLAUDIA CANO, 4311 SOUTH 21ST STREET, 68107 (H) 731-7683 PLEASE COMPLETE AND RETURN TO: NE LIQUOR CONTROL COMMISSION PO BOX 95046 LINCOLN,NE 68509-5046 REQUEST FOR ADDITION, DELETION, RECONSTRUCTION & CHANGE OF LOCATION FEE OF $45 REQUIRED LICENSEE'S NAME: Guaca Maya, Inc. auGIA 12�u TRADE NAME: IGuaca Maya � �� 5002 So. 33rd Street �j`SIk��� ts9101 PREMISE ADDRESS: /311 i CITY/COUNTY: Omaha, Douglas I402-733-3440 TELEPHONE: _� LICENSE NUMBER: II 58640 PLEASE CHOOSE ONE OF THE FOLLOWING ADDITION TO LICENSED PREMISE OR RECONSTRUCTION 0 DELETION TO LICENSED PREMISE 4 RECONSTRUCTION CHANGE OF LOCATION(this application will not be accepted if the license is moving into another jurisdiction) ADDRESS t FROM: local governing body jurisdiction: city or county ADDRESS TO: }Indicate local governing body jurisdiction: (,)r city or - iyyn county • INCLUDE A SKETCH OF THE PROPOSED AREA TO BE LICENSED(8 1/2 x 11 PAPER-BLUEPRINTS NOT ACCEPTED)INDICATE THE DIMENSIONS OF THE AREA TO BE LICENSED AND THE DIRECTION "NORTH" ON THE SKETCH 4 • SUBMIT A COPY OF YOUR LEASE OR DEED DEMONSTRATING OWNERSHIP p V F rel• IF YOU DO NOT KNOW WHAT 3URISDICTION YOU ARE LOCATED IN,CALL THE CITY OR COUNTY CLERK AUG 1 ( 2ou. • IN ORDER TO CLARIFY YOUR CHANGES,AN ATTACHED EXPLANATION IS NEBRASKA LIQUOR ALWAYS WELCOME CONTROL COMMISSION AFFIDAVIT THE ABOVE REFERENCE REQUEST,AS FILED,WILL COMPLY WITH THE RULES AND REGULATIONS OF THE NEBRASKA LIQUOR CONTROL ACT. 6 GNATURE OF LICENSEE SUBSCRIBED IN MY PRESENCE AND FIRST DULY SWORN TO BEFORE ME ON THIIS 4 DAY OF . ���' , f ---41110111; - N•a: e l IC'S SIGNA %'E&SEAL lir / FORM i el 'e, �. ! GENEMLNQTARY . 4 GINGER G � 4179 . . MY Comm.EV.June 1q ov July 29,2004 mailbox:///Cl/WINDOWS/Application%20Data/Mozilla/Profiles/nl... Subject: Guaca Maya From: "Ginger" <ginger@kelley-lehan.com> Date: Thu, 19 Aug 2004 11:00:39 -0500 To: "Michelle Porter" <nlcc03@nol.org> August 16, 2004 Ms. Michelle Porter Nebraska Liquor Control Commission Licensing Division P.O. Box 95046 Lincoln,NE 68509 Re: Guaca Maya—Request for Addition Per your request, the following is a written description of the premises Guaca Maya's wishes to add to its existing license. This is a three story(above ground) building with a full basement located at 5002 So. 33rd Street, Omaha, Douglas County,Nebraska. The total building measurements are 144' East to West and 122' North to South, with a loading dock and elevator on the South side of the building measuring 57' x 12'. Currently only the first floor of the building is licensed. We are requesting an addition to our existing license to include the entire second floor consisting of banquet facilities and offices, and the entire basement consisting of small party rooms, offices and storage. If you have any questions, please feel free to call. - Very truly yours, "Y1t l re_ '��sf ct ncl 1 c>✓s Ginger Guilfoyle 1Liq 1 Assistant to Michael A. Kelley \oc , co cI_ 1 of 1 08/19/2004 1 1:03 AM RECEVE \UG 1 7 200.1 . s NEBRASKA LUQUOR . . v .-ca. CONTROL COMMISSION— 41 . .., 46=11.\,. . Ill 1114 r I J I C IN i G ." jur • w _ --- .'gym .14 lJL [�J .cFf`f"Y .. a 4 :. I YI f [[[FFKk[k[{ t I III r. , 1/ _ L..—J J s _1r UUU L a A n y ❑ O O u... — o "r°,i L= a, / ..y, 1 F rµ,�� I • f ��� a ==1b�6r o 1 Iryry ` `e a a� Se -1,0 Or[O�//� $ i ; 4J V p18 02_ •Z V il'hb �� 4L / \`J II• j� 1 y 1 ` 1 , v I j ��m rrrri �, I. `I 1 I. 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NI\ '•1 1 LEASE AGREEMENT NEBRASKA LIQUOR CONTROL COMMISSION Agreement made and entered into on ,47-.eI G , 2003, by and between BEHLEN MFG CO., a Nebraska Corporation, hereinafter referred to as "Landlord" and GUACA MAYA, INC., a Nebraska Corporation, hereinafter referred to as "Tenant," is as follows: WITNESSETH 1. Premises. Landlord owns the real estate legally described as follows: All of Tax Lot 26, and part of Tax Lots 14 and 10, located in the SW 1/4 of Section 4, Township 14 North, Range 13 East of the 6th P.M., Douglas County,Nebraska, more particularly described as follows: Beginning at a point which is 1, 483.02 feet West and 1,064.16 feet North of the South 1/4 corner of said Section 4, said point being on the West right- of-way line of 33' Street; thence N90°00'00"W (assumed bearing), a distance of 260.40 feet to a point on the West line of said Tax Lot 14; thence N00°00'00"E, along the West line of said Tax Lots 14 and 26, and the Northerly extension thereof, a distance of 578.25 feet; thence Southeasterly, on a curve to the left with a radius of 590.80 feet a distance of 158.78 feet, said curve having a long cord which bears S54°26'15"E, a distance of 158.30 feet; thence S62°16'07"E, a distance of 181.60 feet to a point on said West right-of-way line of 33rd Street; thence, along said West right-of-way line of 33' Street, on the following described courses; thence S08°28'54"W, a distance of 197.40 feet; thence S00°00'00"W, a distance of 206.44 feet to the Point of Beginning. Said tract of land contains an area of 2.995 acres, more or less and is more commonly known as 5002 South 33rd Street, Omaha, Nebraska together with all appurtenances relating thereto and improvements located thereon. • Landlord agrees to lease to Tenant and Tenant agrees to lease the above described premises which shall hereinafter be referred to as the"Leased Premises": Tenant shall have the use and possession of the above-described property subject to the terms and conditions herein contained. 2. Duration. A. Subject to Tenant's right to extend this Lease expressed in Section 2B, the term of this Lease ("Term") shall commence on the date of this Lease (the "Commencement Date") and shall expire at 11:59 p.m. on the anniversary date of this lease ("Initial Term") but in no event less than one year after the Tenant's liquor license application is approved. Notwithstanding the preceding sentence, the Lease shall automatically terminate without further action from Landlord or Tenant unless a liquor license has then been approved for Tenant for the Demised Premises in furtherance of the purposes identified in Section 3B, or (ii) such license having been approved unless the closing ("Closing") of the purchase contemplated by the Purchase Agreement dated November 22, 2002 by and between Claudia Cano and Landlord is no longer going forward and/or reasonably expected to occur within the established time limits of the Purchase Agreement. Possession of the Demised Premises shall be delivered by Landlord to Tenant on the date the liquor license application is approved. No improvements or alterations shall commence until the Closing or until Landlord authorizes in writing Tenant's proceeding with improvements as proposed. Subject to Tenant's rights as provided in paragraph 3(a)(d)(f)(g)(i)(j) of the Purchase Agreement, Tenant acknowledges and agrees that it has had ample opportunity to inspect the Demised Premises and is accepting the Demised Premises for purposes of this Lease in an "as is" condition without any representation or warranty, express or implied. B. Provided Tenant is not in default beyond any applicable cure period at the time of the exercise of any option to extend and at the commencement of the extended Term so exercised, Tenant shall have, and is hereby given, three (3) separate options to extend the Term of this Lease upon the terms, covenants, and provisions herein contained, for successive periods of five (5) years each unless Landlord shall have given Tenant notice of its intent not to renew this Lease at least ninety (90) days prior to the expiration of the Initial Term or any then current extended Term; provided, however, Tenant's right to extend this Lease shall not apply if this Lease shall be automatically terminated by application of Section 2A of this Lease. Each such option shall be exercisable by Tenant's giving written notice to Landlord of Tenant's intention to exercise the same not less than sixty (60) days prior to the expiration date of the Term, or the expiration date of the then current extended Term. Within ten (10) days of the Commencement Date, Tenant, at its sole cost and expense, shall apply to the appropriate governmental authorities for such licenses, and other necessary administrative approvals (collectively "License") as are necessary to serve alcoholic beverages at a full-service family restaurant to be constructed on the Demised Premises. Tenant shall prosecute the same expeditiously and with all due diligence. 3. Use. (a) It is understood and agreed that Tenant shall use the Leased Premises to operate a full service family restaurant which may sell and serve incidental to and as a part of its restaurant business alcoholic beverages. (b) The Tenant shall not use or occupy nor permit the leased property or any part thereof to be used or occupied for any unlawful business, use or purpose deemed disreputable or extra-hazardous, nor for any purpose or in any manner which is in violation of any present or future governmental laws or regulations or for any use or purpose which interferes or damages the rights or property of adjoining tenants to the use of their respective leased space. The Tenant shall promptly, after the discovery of any unlawful, disreputable or extra-hazardous use, take all necessary steps, legal and equitable, to compel the discontinuance of such use and to 2 oust and remove any subtenants, occupants or other persons guilty of such unlawful, disreputable or extra-hazardous use. The Tenant shall indemnify the Landlord against all liabilities, losses, damages, claims, and demands including reasonable counsel fees, arising out of any violation of or default in this covenant. (c) Landlord makes no representation as to the fitness of the premises for the use intended and/or for any other use. To the extent changes in the Leased Premises are necessary to make the Leased Premises fit for the use intended, all changes shall be made at Tenant's cost according to code and plans to be submitted and approved by Landlord, as hereinafter specifically stated in paragraph 9 (utilities) and paragraph 11 (improvements), which approval shall not be unreasonably withheld, delayed or conditioned. 4. Quiet Enjoyment. (a) Landlord covenants that during the term of this lease and any extension or renewal thereof, it will not cause or suffer anything to be done which will impair Tenant's leasehold interest and its rights hereunder and Tenant may lawfully and quietly hold, occupy, and enjoy the leased premises during the term of this lease without interference, hindrance, or molestation from Landlord. Landlord shall defend Tenant in the enjoyment and peaceful possession of the Leased Premises and shall promptly, after discovery of any unlawful, disreputable, illegal activity take reasonable steps to compel the occupants or other persons guilty of such activity. The Landlord shall investigate any complaints the co-Tenants, other occupants or other persons are conducting business or engaging in any actions or activity that could be considered a nuisance or disturbance to the other occupancy of the building. If Landlord determines, in its sole judgment, that the action, activity, or business being conducted does constitute a nuisance or disturbance to Tenant's peaceful use and quite enjoyment,Landlord shall take reasonable steps to compel the discontinuance of such activity and/or move to remove any 1 co-Tenant, occupant, or other person guilty of such activity. (b) Tenant shall not make or permit any action or activity to be conducted in or around the building that, unless herein defined, could be considered a nuisance or disturbance to other occupancy of building. Nor shall such actions, unless herein approved by Landlord, act to interfere with the quiet enjoyment of other Tenants or injure the reputation of the building. 5. Compliance with Laws. The Tenant shall, throughout the term of this lease, at its own expense, promptly comply with all laws and regulations of all federal, state and municipal governments and appropriate departments, commissions, boards and offices thereof which shall be applicable to the leased property and the use thereof and of the operations conducted therein. The Tenant shall comply with the requirements of all policies of public liability, fire and all other types of insurance at any time in force with respect to the Leased Premises. 3 6. Rent. a. The Tenant shall pay, and the Landlord shall accept, as rental for the initial lease term the sum of Ninety Five Hundred dollars ($9500.00) per month. Said rent shall be payable in advance on the first day of each month and rent shall start when the Tenant's liquor license is approved sale contemplated by the November 22, 2002 Purchase Agreement closes, whichever occurs latest. There will be a ten (10)percent late charge if rent is not received by the fifth of the month due. b. Additionally, the Landlord shall pay, on or before delinquent, a sum equal to the Tenant's pro rata share of the annual real estate tax assessment and the amount of hazard insurance paid, both only as they relate to the building premises. Tenant's pro rata share of annual real estate tax assessment and the amount of hazard insurance shall start when the Tenant's liquor license is approved or the sale contemplated by the November 22, 2002 Purchase Agreement closes, whichever occurs latest. 1. For purposes of this Lease, "Real Estate Taxes" shall mean all the real estate taxes and assessments imposed by any governmental authority having jurisdiction over the Building and the land upon which it is located ("Land"), but excluding (x) penalties and interest incurred by reason of Landlord's failure to make timely payment, (y) mortgage, recording, transfer, gains and capital gains taxes incurred in connection with a sale or refinancing of the Building and/or Land, and (z) income, estate, succession, inheritance, corporate, gift, capital stock and franchise taxes of Landlord. In the case of assessments that are payable in installments, it shall be deemed that Real Estate Taxes for any tax year include only such portion of such assessments as would be payable during such tax year if Landlord had elected to pay them in the maximum number of installments. 2. For purposes of this Lease, "pro rata share" shall mean that percentage calculated as the square footage of the Leased Premises divided by the total area of all space in the building. 3. Tenant shall pay Landlord Tenant's Proportionate Share of Real Estate Taxes and hazard insurance premium allocable to the Term. Such payments shall be made within thirty (30) days after Landlord shall furnish to Tenant a statement (the "Tax Statement") setting forth the amount thereby due and payable by Tenant. Landlord shall bill Tenant for Tenant's Proportionate Share of Real Estate Taxes such that Tenant's payment is due not more than thirty (30) days prior to the date when Landlord is obligated to pay such Real Estate Taxes to the applicable taxing authority. Landlord shall provide Tenant with a copy of the tax bill used in the preparation of the Tax Statement at the time Landlord delivers such Tax Statement. 4. If Landlord receives any refund of Real Estate Taxes for any tax year for which Tenant had made a payment pursuant hereto, Landlord shall (after 4 deducting from such refund all reasonable expenses incurred in connection therewith, to the extent not already paid by Tenant pursuant to the succeeding sentence)pay Tenant's Proportionate Share of the net refund. 5. If any tax year is only partially within the Term, all payments with respect thereto shall be appropriately prorated, based on the portion of the such tax year that is within the Term. c. All payments of rent shall be made by the Tenant to the Landlord without further notice or demand except as provided herein, at such place as the Landlord may, from time to time, designate. For the present, the Landlord designated P.O. Box 569, Columbus, Nebraska 68602, as the place for the making of the payments of rent. d. The extension of time for the payment of any installment of rent, or the acceptance by the Landlord of any money less than the entire sum due, shall not be a waiver of the rights of the Landlord to insist on having al other payments of rent made in the manner and at the time herein specified. 7. Security Deposit. The Tenant will deposit the sum of zero dollars ($0.00) with the Landlord as security for the full and faithful performance by the Tenant of all terms and conditions of this lease required to be performed by Tenant. Such sum shall be returned to the Tenant, after the expiration of this lease, or any extension thereof, provided the Tenant has duly and faithfully carried out all of its terms. The Landlord may use, apply or retain the whole or any part of the security so deposited to the extent required for the payment of any rent and additional rent or other sum as to which the Tenant is in default or for any sum which the Landlord may expend by reason of the Tenant's default in respect of any terms and conditions of this lease, including but not limited to, any damaged or deficiency in reletting of the lease property. In the event of a sale of the leased premises, the Landlord shall have the right to transfer the security to the vendee and Landlord shall thereupon be released from all liability for the return of such security. The Tenant shall look solely to the new Landlord for the return of such security. 8. Tenant's Acceptance of Premises. The Tenant has examined the Leased Premises and subsurface conditions thereof, and the present uses and non-uses thereof, including the front sidewalk, side drive and rear parking area. Landlord will not be liable for any defect in such building or for any limitation on or to its use. Landlord acknowledges Leased Premises are in need of complete build-out and major remodeling which both parties agree will be at Tenant's expense. Tenant shall not commence construction of any building, structure or other improvement ("Improvement")to the Demised Premises unless the following shall have occurred: A. Tenant shall have furnished to Landlord, Owner's protective liability and property damage insurance, insuring the Landlord for at least $3,000,000.00 single limit coverage for personal injury, and $500,000.00 for damage to property; 5 B. Tenant shall have delivered to Landlord evidence that statutory workmen's compensation insurance and employers' liability coverage have been procured to cover all persons employed in connection with such construction; and C. Tenant shall have received approval of a liquor license for the Demised Premises Nothing in this Section 8 shall preclude tenant from exercising, at its own cost, expense and risk, any of its rights under the Purchase Agreement, nor to prepare plans to construct any such improvements nor to for apply any related permits. 9. Utilities. a. The Landlord shall not be required to furnish to the Tenant any facilities, equipment or services of any kind, such as, but not limited to, water, sewer, steam, gas, hot water, electricity, light, power and telephone or other communication service held, rendered or supplied upon or in connection with the leased property. The Tenant shall pay all charges for water, steam, gas, hot water, electricity light power, and telephone or other communication service held, rendered or supplies upon or in connection with the Leased Premises and shall indemnify the Landlord against any liability or damages on such account or resulting from operation or maintenance thereof. The Tenant shall contact the respective utilities company and cause the utilities to be placed in its name on the date of occupancy for its space only. b. Tenant may access the public electric, gas, water and sewer utilities through connection with the Building's electrical, gas, water and sewer service for Tenant's dedicated service to the Leased Premises. The Tenant shall at Tenant's cost provide separate metering to measure Tenant's usage at the point utilities are split. 10. Repair and Maintenance. a. The Tenant shall, at its expense, throughout the lease term take care of the Lease Premises and the fixtures and appurtenances thereto, including but not limit to heating and air conditioning equipment, electrical fixtures and conduits, plumbing fixtures, water and sewer supplies, doors and windows (interior and exterior). Tenant shall make necessary repairs and replacements to the Leased Premises and appurtenances belonging thereto whether or not necessitated by wear, tear, casualty or Tenant's negligence. Landlord shall maintain in good working order and repair the exterior structural portions of the building, including the structural portions of the Lease Premises. b. The Tenant shall keep all portions of the Leased Premises, adjoining common areas and access road in a clean and orderly condition, free of trash, dirt, rubbish, clutter, obstructions, lawful or hazardous, with snow and ice removed. Landlord shall have responsibility for the maintenance of the common areas and access roads. 6 11. Improvements. a. At the inception of this lease the Landlord and Tenant agree that the Leased Premises will require build out to conform the premises for use by Tenant as office space and for the housing of a restaurant, bar, nightclub and community hall (collectively "alterations"). It is contemplated this will include the design and installation of a new independent heating and air conditioning system, the design and installation electrical service as needed, the design and installation of sewer and water service as needed, interior walls, doors and windows, drywall, finishing, ceiling and floor covering. Tenant shall pay all costs related to or arising out of the alterations. Tenant shall not make or perform, or permit the making or performance of, any alterations, installations improvements, additions or other physical changes in or about the Premises without Landlord's prior consent which will not be unreasonably withheld, conditioned or delayed. Prior to making alterations, Tenant (1) shall submit to Landlord detailed plans and specifications, including layout in such detail as is reasonably warranted by the nature of the work and first obtain Landlord's approval of such plans and specifications, which approval will not be unreasonably withheld, conditioned or delayed, (2) shall obtain all permits, approvals and certificates required by governmental or quasi- governmental bodies (and Landlord agrees to perform, at Tenant's reasonable request, such ministerial acts as may be required of it as Building owner in connection therewith) and (3) shall furnish to Landlord certificates of policies of worker's compensation insurance and comprehensive public liability insurance in such form with such companies, for such periods and in such amounts as Landlord may reasonably require naming Landlord and its agents as additional insured's. b. During the term of this lease the Tenant shall have the right to, at its own expense, from time to time, make all such alterations and improvements to, and decoration of, the Leased Premises as shall be reasonably necessary or appropriate in the Tenant's judgment for the Tenant's conduct thereon of Tenant's use,but subject to the following conditions: (1) No changes or alteration shall at any time be made which shall alter or impair the structural soundness of the Leased Premises or diminish the value thereof. (2) All changes and/or alterations shall be made promptly and in good workmanlike manner and in compliance with all applicable permits, authorizations, laws, ordinances, orders, regulations and requirements of all governmental authorities having jurisdiction. (3) No change or alteration shall be made involving an expenditure in excess of$2,000.00 without the written consent of the Landlord. (4) Any contract or agreement for labor services, materials, supplies in connection with any alterations, rebuilding, replacement, change, addition, or improvement shall provide no lien or claim shall thereby be created, or arise, or be filed by anyone thereunder upon or against the leased property. 7 The Tenant shall indemni the Landlord against anymechanic's g lien or other lien or other liability or damage arising out of the making of any alteration,repair, addition, or improvement by the Tenant. 12. Default. (a) The occurrence of any of the following shall constitute an event of default: (1) Delinquency in the due and punctual payment of any rent or additional rent payable under this lease when such rent shall become payable. (2) Delinquency by the Tenant in the performance of or compliance with any of the conditions contained in this lease other than those referred to in the foregoing subparagraph(1), for a period of three (3) days after written notice thereof from the Landlord to the Tenant, except for any default not susceptible of being cured within such 3-day period, in which event the time permitted to the Tenant to cure such default shall be extended for as long as shall be necessary to cure such default, and provided further that such period of time shall not be so extended as to jeopardize the interest of the Landlord or the Tenant to any civic or criminal liabilities. (3) Filing against the Tenant in any court pursuant to any statute, either of the United States or of any state, or a petition in bankruptcy or insolvency, or for reorganization, or for appointment or a receiver or trustee of all or a portion of the Tenant's property, if within ninety(90) days after the commencement of any such proceeding against the Tenant such petition shall not have been dismissed. (b) Termination upon expiration or upon notice of defaults. This lease shall terminate upon expiration of the demised term; or if this lease expressly and in writing provides for any option or options, and if any such option is exercised by the Tenant, than this lease will terminate at the expiration of the option term or terms. Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provisions of this lease, this lease may at the option of the Landlord be canceled and forfeited, PROVIDED,HOWEVER, before any such cancellation and forfeiture, Landlord shall give Tenant a written notice specifying the default, or defaults, and stating that this lease will be canceled and forfeited thirty (30) days after the giving of such notice, unless such default, or defaults, or remedied within such grace period. (c) Upon the expiration of this lease pursuant to paragraph (b) of this article, the Tenant shall peacefully surrender the leased property to the Landlord, and the Landlord, upon or at any time after such expiration, may without further notice re-enter the leased property and repossess it by force, summary proceedings, ejectment or otherwise, and may dispossess the 8 Tenant and remove the Tenant and all other persons and property from the leased property and may have, hold and enjoy the leased property and the right to receive all rental income therefrom. (d) At any time after any such expiration, the Landlord may relet the Leased Premises or any part thereof, in the name of the Landlord or otherwise, for such term (which may be greater or less than the period which would otherwise have constituted the balance of the term of this lease) and on such conditions (which may include concessions) as the Landlord, in its reasonable discretion, may determine and may collect and receive the rent therefore. The Landlord shall in no way be responsible or liable for any failure to relet the Leased Premises or any part thereof if after using due diligence and an attempt to mitigate his losses. (e) No such expiration of this lease shall relieve the Tenant of its liability and obligations under this lease, and such liability and obligations shall survive any such expiration. In the event of any such expiration, whether or not the leased property or any part thereof shall have been relet, the Tenant shall pay to the Landlord the rent and additional rent required to be paid by the Tenant up to the time of such expiration, and thereafter the Tenant, until the end of what would have been the term of this leas in the absence of such expiration, shall be liable to the Landlord for, and shall pay to the landlord, as and for liquidated and agreed current damages for the tenant's default: (1) The equivalent of the amount of rent and additional rent which would be payable under this lease by the Tenant if this lease were still in effect, less (2) The net proceeds of any reletting effected pursuant to the provisions of paragraph (d) of this article, after deducting all the Landlord's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorney's fees, alteration costs, and expenses of preparation for such reletting. 13. Surrender of Premises Upon Termination. The Tenant shall surrender the leased property and its appurtenances, including all buildings, replacements, changes, additions, and improvements constructed or placed by the Tenant thereof, except movable trade fixtures, installed by the Tenant, to the Landlord, its agents or successors in interest, at the expiration or sooner termination of the lease term, in good condition and repair, broom-clean and free of Tenant's property, reasonable wear and tear expected. 14. Holdover by Tenant. Should the Tenant hold over and remain in possession of the leased property after the expiration of this lease without the Landlord's consent, it shall not be deemed or construed to be a renewal or extension of this lease, but shall only operate to create a month-to-month tenancy which may be terminated only by the Landlord at the end of any month upon thirty (30) days written notice to the Tenant. During any holdover period, the rental shall increase to one hundred fifty times the original rate and Tenant shall be subject to the same 9 duties and responsibilities and the same terms and conditions shall apply as fully as had a new lease been executed. 15. Fire or other Casualty Losses. In case of damage by fire or other casualty, including but not limited to smoke damage, water damage, equipment, fixtures, or personal property damage, to the Leased Premises, or any other property, real, personal or mixed belonging to the Tenant, the Landlord shall not be liable to the Tenant, its family, guests or invitees. In case the premises, or any part thereof, shall at any time be destroyed or damaged by fire or other casualty, so that the same shall be unfit for use or occupancy, then the total rent hereby reserved, shall abate in the same proportion as the damaged areas are to Tenant's Leased Premises until the premises shall be rebuilt or made fit for use and occupancy. If such damage to the premises or to the building in which the premises are situated is to the extent of 50% or more, then this lease may be terminated at the election of either the Landlord or the Tenant; notice of which election, if exercised, shall be given in writing within 25 days from date of casualty. If no such notice is given Tenant and Landlord shall work together to restore Leased Premises to its previous or better condition. In the event that the building containing the Leased Premises is damaged or work to put the premises in rentable condition is not commenced within one month from the time of such damage and continued thereafter, with reasonable diligence, then this lease may be terminated at the election of the Landlord, notice of which election, if exercised, must be given in writing within 35 days from the date of casualty. 16. Condemnation. If the whole or any part of the Leased Premises hereby leased shall be taken by any public authority under the power of eminent domain, then the term of this lease shall cease on the part so taken from the day the possession of that part shall be required for any purpose, and the rent shall be paid up to that day, and if such portion of the demised premises is so taken as to destroy the usefulness of the Leased Premises for the purpose for which the premises were leased, then, from that date the Tenant shall have the right either to terminate this lease and declare the same null and void or to continue in the possession of the remainder of the same under the terms herein provided, except that the rent shall be reduced in the same proportion the amount of the premises taken bares to the office awarded to the Tenant. In the event of a single award, regardless of payee, Tenant shall be entitled to the portion of the award equal to the total cost of improvements made to premises by Tenant. 17. Liability. • a. Tenant and Landlord will each keep its respective property interests in the Leased Premises and its liability in regard thereto, and their personal property on the premises, reasonably insured against hazards and casualties; that is fire and those items usually covered by extended coverage; and Tenant will procure and deliver to the Landlord a certification from the respective insurance companies to that effect. Such insurance shall be made payable to the parties hereto as their interests may appear. 10 b. The Tenant shall keep its personal property and the Leased Premises insured through the term of this lease against claims for personal injury or property damage, under a policy of general public liability insurance, with such limits as may be reasonable, but not less than Two Million Dollars ($2,000,000.00) single combined limit. c. The Tenant shall hold harmless and indemnify the Landlord from any claims for personal injury or property damage arising out of the Tenant's use, enjoyment, maintenance and repair or Tenant's failure to perform any term or condition required by this lease of the Leased Premises. 18. Denial of Subrogation Rights: Neither the Landlord nor the Tenant shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the premises or to adjoining property, or in any manner growing out of or connected with the Tenant's use and occupancy of the premise or the condition thereof, or of the adjoining property, whether or not caused by the negligence or other fault of the Landlord or the Tenant or of their respective agents, employees, subtenants, licensees, or assignees. This release shall apply only to the extent that such business interruption, loss or damage to property or injury to or death of persons is covered by insurance, regardless of whether such insurance is payable to or protects the Landlord or the Tenant or both. Nothing in this paragraph shall be construed to impose any other or greater liability upon either the Landlord or the Tenant that would have existed in the absence of this paragraph. 19. Subordination of Lease to Mortgages. This lease shall be subject and subordinate at all times to the lien of existing mortgages and of mortgages which hereafter may be make a lien on the Leased Premises. Although no instrument or act on the part of the Tenant shall be necessary to effectuate such subordination, the Tenant will nevertheless execute and deliver such further instruments subordinating this lease to the lien of any such mortgages as may be desired by the mortgages. 20. Option. Tenant shall have an option to extend this lease and its use and occupancy of the Leased Premises on the same terms and conditions as set forth herewith for an additional five (5) year period at the then existing market rate as agreed to by and between Landlord and Tenant. Tenant shall exercise its option by delivering to Landlord a statement in writing not less than 180 days prior to the end of the initial lease term declaring its intent to extend Tenant's option to extend this lease shall be subject to Landlord still owning the property. If Landlord should sell the property during the initial term Tenant will negotiate with new owner any extension. 21. Assignment. The Tenant shall not have the right to assign this lease or any rights of the Tenant hereunder without the Landlord's consent. 22. Right to Entry. The Landlord and its representatives may enter the leased property at any reasonable time for the purpose of inspecting the leased property, performing any work which the Landlord elects to undertake, made necessary by reason of the Tenant's default 11 I- L u.� c_uu: _J . i e..., I�,I i rs OLfILCIY 1 it _ L_L)IIDUJ .=i O...i i '-/C1..J 10 J 1 ,: ..i'it:JJ..i� r . CiC i i under the terms of this lease and exhibitin the leased property "a'•q•-,:qr._b rin• X.•.: g P P y for sale,•'leasil'.,;: pa'g::or. mortgage financing. ,.:.,• °. .':;. i _ 4 . 23> Governing Lave. This Lease shall be governed, b` 'a,.:4,"<ce ` •1:� f construed.:::at ie oQ`ceal in 1,: 1 accordance with the laws of the State of Nebraska. ` ` 24, Severability. If any provision of this lease shall be. declaredj :: or ' z: unenforceable,the remainder of the lease Shall continue in full force and effect. : .` : i` : 25. Notice. Any and all notice(s) required or desired to be given'zv-ei _ .an ord ;. .. or Tenant hereunder shall be addressed as follows and sent certified U.S. ma:11.: receipt z requested Such notice(s) shall be effective beginning on the date such notice is receLvet�:.:a :per ..r.: f return receipt of acceptance: i ; To Landlord: Behlen Mfg Co L" FL 4025 east 23`�Street ?'' ? t P.O. t ` `.• Bogy:569 r ,D Columbus,NE 68602 - > To Tenant: Guaca Maya, Inc_ 5002 South 33'�Street N ASk/4 ` LE O ;Omaha, NE 68107 CONTROL: OA�t } Sl t 27. Right of Either Party. If any party is found to be in default of.•a "'::':': :€ < '�,%�%o�;ston.of this Lease, said party hereby agrees to pay and discharge all damages, costs;:an' .`z asonable attorney's fees and other necessary expenses that may be incurred by the non-defa�1 g party. in such non-defaulting .`� ;".=.° . `'party's action to enforce the covenants and agreements hereinr�nted: :. GUACA MAYA, INC., A Neb ` ' 'M; rasicaC?A�aatoi /..-i.i /e/il'7 /4 . ..,::: :.;i-::;'.'f,:.::: . i 5 V I • CLA -D �.•:';,: .. L L4 CANO, Tenant- <t. ,.: ..: ' 1 BEHLEN MFG CO _ ': Landlord T 1. - t 12 f> _ : :CD 0A 7AG7 a • L 7 PM 4G17 1'7a RS'ad PAf;Pl... •.-4.. , KELLEY & LEHAN, P.C. `2 � aI_Gacc� 7134 PACIFIC STREET MICHAEL A. KELLEY(NE) OMAHA, NEBRASKA 68106 LINCOLN OFFICE MICHAEL J. LEHAN (NE& IA) TELEPHONE (402) 397-1898 1320 LINCOLN MALL,SUITE 9 CHRISTOPHER 0. JERRAM (NE, MO&KS) LINCOLN, NEBRASKA 68508 , CHRISTOPHER J. TINLEY(NE & IA/ FACSIMILE (402)397-1293 TELEPHONE (402)474-2303 www.kelleyandlehan.com FACSIMILE(402)474-4052 TOM KELLEY(1919-1989) ECIPHONE MISSOURI OFFICE _� UMMIT, LANE, SUITE 105 RE n1� e►f`7tii UMMIT, MISSOURI 64064(816)472-4529 August 16, 2004 H U u 1 f 2GG . Ms. Michelle Porter NEBRASKA LIQUOR Nebraska Liquor Control Commission CONTROL COMMISSION Licensing Division P.O. Box 95046 Lincoln,NE 68509 Re: Guaca Maya—Amend License Application Enclosed please find a Request for Addition, Deletion, Reconstruction & Change of Location for with supporting drawings and a copy of the lease for the premises. If you have any questions,please feel free to call. Very truly yours • G. er Guilfo - e sistant to )hae A. Kelley August 19, 2004 Department of Agriculture Addition of Premise: Division of Dairies and Foods Addition of second floor and basement 301 Centennial Mall South, 4th floor approx 144' x 122' Lincoln NE 68509 An application has been made to this office for a retail liquor license for: Name: Guaca Maya Inc DBA "Gauca Maya" Address: 5002 So 33rd Street, Omaha,Douglas Co., 68107 Telephone: 402/733-3440 Kindly advise the Licensing Division of the Liquor Control Commission if the premises meet the standards as set by your department. MEETS REQUIREMENTS: YES: NO Signed: Report Due: 9/20/04 - mp #I-58640 FORM 35-4003 REV 10/00 PUBLIC WORKS DEPARTMENT REPORT RECEIVED DATE: AUGUST 20, 2004 DUE DATE: SEPTEMBER 3, 2004 G4 AUG 26 AM 8: 43 APPLICANT: GUACA MAYA,INC.,DBA"GUACA MAYA" CITY CLERK OMAHA. N BRASK A LOCATION: 5002 SOUTH 33" STREET REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "I" LIQUOR LICENSE OF 2ND FLOOR AND BASEMENT,AREAS APPROX. 144' X 122' DESIGNATION OF ADJACENT STREET (LOCAL, COLLECTOR,MINOR OR MAJOR ARTERIAL EXPRESSWAY): CCI kIIIO STREET WIDTH AND PROFILE 35)' L arlo. J FLIT Kim P a ( n y SPEED LIMIT: - (Y1p h AVERAGE DAILY TRAFFIC AND PEDESTRIAN FLOW: 6 , (to- 4,5 I6ny ,230 /bn .y ACCIDENT REPORT AT ADJACENT INTERSECTION: 3 Si--ree.,4- babo Aonr<7_,-five-Oucv; n(10/(03-0443 C1CC .k POTENTIAL TRAFFIC AND PARKING PROBLEMS: N KO1r, "Zia &/S/4i (Authorized Signature) (Date) r PLANNING DEPARTMENT REPORT DATE: AUGUST 20, 2004 DUE DATE: SEPTEMBER 3, 2004 R E C E 6 V ED LOCATION: 5002 SOUTH 33RD STREET (Ii SEP -8 Al 9 21 LEGAL DESCRIPTION ADDITION OF 2ND FLOOR AND BASEMENT, AREAS APPROX. 144' X122' Ut II n, rir•pInee.. ,* ,J11,4 APPLICANT: GUACA MAYA, INC., DBA"GUACA MAYA" REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "I" LIQUOR LICENSE NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: RESTAURANT/BAR THIS REQUEST DOES() DOES NOT(X) PERTAIN TO AN OUTSIDE AREA u IF OUTSIDE: OUTSIDE AREA IS 6 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' within last 24 months) y EXITING LAND USE: eSTAv(1A�1 P�4'ca2 EXISTING ZONING: T / l2 ADJACENT LAND US_E_AND ZONING: • NORTH: F�AV .4 titDUST2an-� i , -pr tcc RL SOUTH: a 0- EAST: DUS 4..12i 141, WEST: . -• V U 12 - "f Sile-1 ` �? I PARKING STAL PROVIDED: Z \(S EXISTING USE DOES(6 DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S e`er 7'6(S - MEN'S S-U fzt� .jT4:>al S 1 a V v 0 z'AJ,k(S DATE SUBJECT PROPERTY WAS POSTED: G_ ! /`-e . (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: O`-- (Rule#8) DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 0✓— (State Law) DISTANCE O,PROPOSED LICENSE y ANY CHURCH b SCHOOL HOSPITAL 0 - HOME FOR THE AGED,INDIGENT OR •ETERANS 0 v COLLEGE OR UNIVERSITY 0 0 06 e-e-ow roe Ly )DfL0., £ jfa Apt-N► -ItiQlA-S x- - qIS .+9 JvsT rdel 2 S i b.2Pr6tg (Authorized Signature) (Date) othAHA, NF6 City of Omaha, Webraskg `A° �, itr itITY 1819 Farnam—Suit L zW• ' pf=��,'.f `'`u""'_' r, e C1 ® fir !i Omaha, Nebraska 68183-0112 .� � R _ �'ce 0� Buster Brown (402) 444-5550 .o City Clerk FAX (402) 444-5263 o4TFo FEBR�r44 August 31, 2004 Guaca Maya, Inc. Application for an addition to the present Dba"Guaca Maya" Class "I" Liquor License to add second (2nd) 5002 South 33rd Street floor and basement areas approx. 144' x Omaha, NE 68107 122' Dear Liquor License Applicant: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for September 14, 2004. 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. City Council Rule No. 14, requests each applicant to submit a signed statement representing that a sign indicating the birth date for buyers of alcohol will be prominently displayed on the licensed premises and that approved training in the proper procedures for checking buyers' identification will be provided to employees. Attached is the statement to be signed and returned (hand deliver, mail or fax) to the City Clerk's Office before your public hearing. Sincerely yours, Buster Brown City Clerk BJB:clj OF OMAHA• �'Fe ofOmaha, Webraskg �� :pi• .41N is p•r 1819 Farnam—Suite LC 1 z fo('-r -'`' tira Omaha, Nebraska 68183-0112 �� r^, Buster Brown (402) 444-5550 .o ti' City Clerk FAX (402) 444-5263 �4) TFD FEBNL°4 August 10, 2004 Mike Kelley, Attorney Application for a addition to the present 7134 Pacific Street Class "I"Liquor License for Guaca Maya,Inc., Omaha, NE 68104 dba"Guaca Maya", 5002 South 33rd Street Dear Liquor License Applicant Attorney: This letter is notification that a hearing before the Omaha City Council on your application for liquor license has been set for September 14, 2004. 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. Sincerely yours, ZL A.0e> Buster Brown City Clerk BJB:clj 6 46/, c e .r /lac„'/erg 91°,3-0V "NOTICE OF LIQUOR LICENSE APPLICATION" Notice is hereby given that a hearing will be held on Tuesday, September 14, 2004 at 2:00 o'clock P.M. in the Legislative Chamber, Omaha/Douglas Civic Center, on the application of GUACA MAYA, INC. DBA "GUACA MAYA" for an ADDITION TO THEIR PRESENT CLASS "I" LIQUOR LICENSES TO ADD SECOND (2ND) FLOOR AND BASEMENT AREAS APPROX 144' X 122' to be located at 5002 SOUTH 33RD STREET 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 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. E 300 FOOT SEARCH GUACA MAYA, INC. iNt4 5002 SOUTH 33RD STREET OMAHA, NE 68107 SUBJECT ADDRESS LIES WITHIN THIS LEGAL DESCRIPTION: (PT TAX LT 10 AD) ON N & -EX IRREG S 694.67'- TAX LT 14 & SW COR TAX LT 26 SW 1/4) LANDS 4-14-13) FILE NO. 0417007805 OWNERS &ADDRESSES: LEGAL DESCRIPTIONS: SOUTH OMAHA INDUSTRIAL PARK REP3 UNIVERSE INVESTMENTS LLC j IREG LT 1 ATTN IRVING L JOHNOSN4909 S 33 ST I i BOX 7359 OMAHA, NE 68107 LANDS _.. .. _._..... _.__ v.__.. _.. _..___.�....__..� GUACA M , INC. PT TAX LT 10 ADJ ON N & -EX IRREG S 5002 3 ST 694.67'- TAX LT 14 & SW COR TAX LT 26 0 HA, NE 68107 SW 1/4) LANDS 4-14-13 CUDAHY FOODS, INC. { IRREG S 125.02' LT 1 SO OMAHA IND PARK C/O SWIFT-ECKRICH INC i ADD & -EX PT FR ST & SO OMAHA IND ONE CONAGRA DRIVE #CC362-2643 ' PARK ADD & IRR S 8.5 W 429.8'- LT 13 & OMAHA, NE 68102 IR 14.67 X 564.08'ADJ ON S LT 13 SW 1.4 .._4-14-13__........_...._. OMAHA COLD STORAGE TERMINALS 1 -EX PT FR ST- IR N 106.38 W 942.42' LT 15 5025S33ST & IR .39 AC ADJ ON E LT 15 & IR 126.45 X PO BOX 7364 ' 1278.71'TRACT ADJ ON N LT 15 & IRS 8.5 OMAHA, NE 68107 1 W 429.8' LT 13 S 1/2 SW 1/4 4-14-13 AMERICAN LABORATORIES INC IRR N 356.47' S 694.67'TL 14 &ALL TL 24 4410 S 102 ST & IRR N 10.81'TL 29 & IRR 58 X 370.81' OMAHA NE 68127 ! TRACT TL 10 ADJ SW 1/4 SW 1/4 4-14-13 CONAGRA BEEF COMPANYONE CONAGRA IRR E 400 W 677.50 N 270' & IRR E 571.62 DR CC-237 j W 849.12 N 933.45' * IRR E 322.03 N OMAHA, NE 68102 j 153.92' & ALL BEING PT TAX LT 10 & S OF EDWARD BABE GOMEZ AV W 1/2 SW 1/4 4- 14-13 DONAD R PEERS IRR N 189.24 S 1655.08 E 323.76 W 1133' 3928 S 226 ST & BEING PT TAX LTS 10 & 14 NW 1/4 SW 1 ELKHORN, NE 68022 4-14-13 300 Foot Search Page 1 Of 2 r A s ATI TITLE COMPANY HEREBY CERTIFIES THAT THE FOREGOING LIST OF NAMES, ADDRESSES AND LEGAL DESCRIPTIONS ARE TRUE AND CORRECT AS THE SAME APPEAR OF RECORD IN THE OFFICE OF THE CLERK OF DOUGLAS COUNTY NEBRASKA. WITNESS MY HAND THIS 13TH DAY OF AUGUST, 2004 ATI TITLE COMPANY B ALL Pi GI TERED ABSTRACTER ter, G") rn ass) C".) rri 'C m r\,3 P cr P 0 0 - k \ § P CD \ 0 ° . 7 e , w K - 7 q § E �� m » � � , w ° ®En PL 0 0 RR 2 � � / « U w § @ k ® �� cn c n2 § 7 I U \ § . • a q � ' �• 7 ? 0 ] - . J k § / l t.' �.