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RES 2002-2673 - Class C liq lic to All Nations (withdrawn) r OFFICES R E . y_ 1_GEOROEA.SUTERA w SUTERA LAW E t� IV �.- ! 02 N0 18 Pr, 8: 14 November 14, 2002 C I i Y C r ON f{tk, i`d'ilr1R," $K .' Office of City Clerk Buster Brown City Clerk Omaha -Douglas Civic Center 1819 Farnam, LC 1 Omaha, NE RE: Liquor License Application for Carl Gullotta re: All Nations Acquisitions, Inc. Dear Clerk: It has come to my client's attention that All Nations Acquisitions, Inc. has entered into Asset Purchase Agreement with Carl Gullotta and are attempting to assign the current lease to the licensed premises located at 1830 North 72nd Street, Omaha, NE. as part of Carl Gullotta's Application. My client, Paul McGill, is the landlord at the licensed premises. The lease presented to the Liquor Commission according to paragraph 6 of the lease requires the written consent by the landlord of any assignments of the lease. This letter will serve as notice that my client has not and will not consent to the assignment of the lease that has been presented to the commission in the above matter. I enclose a copy of the lease mentioned above. My client has notified the Liquor Commission of the above and believes this matter should be brought to the attention of the City Council in it's consideration of the above mentioned application inasmuchas Mr. Gullotta does not have a lease for the licensed premises. . . • • Thank you for your assistance in this matter. If you need further information from me, please contact me at any time. Sincer I , George A. utera GAS:dms CC: Paul McGill • • 424 SOUTH 11TH STREET • OMAHA, NEBRASKA 68102-2815 • (402).342-3100 FAX (402) 342-4462 • . r , • BUSINESS PROPERTY LEASE THIS LEASE is entered into as of the 1st day of July, 2001,between Paul F. McGill and Arhild E.McGill, Trustees of the P&A McGill Living Trust under Agreement dated November 17, 1998, Landlord, and All Nations Acquisitions,Inc.,a Nebraska corporation,Tenant. PREMISES 1. Landlord leases to Tenant and Tenant leases from Landlord,the real estate, building and improvements located at 1830 North 72nd Street,Omaha, Nebraska,legally described on the attached Exhibit"A"(the"Premises"), on the following terms and conditions. TERN( 2. This Lease shall be for a term of Three(3)years beginning July 1: 2001,and ending on June 30,2004, unless terminated earlier as provided in this Lease. This Lease shall not be void or voidable in the event of a later delivery by Landlord,nor shall Landlord be liable to Tenant for any resulting loss or damage. USE OF PREMISES 3. The Premises are leased to Tenant,and are to be used by Tenant,for the operation of a tavern and restaurant and incidental purposes and for no other purpose. Tenant agrees to comply with all applicable governmental laws, ordinances,and regulations in connection with its use of the Premises,to keep the Premises in a clean,safe and sanitary condition,and to use all reasonable precaution to prevent waste,damage,or injury to the Premises. RENT 4. (a) Base Rent. The total Base Rent under this Lease is$ 108,000.00.Tenant agrees to pay rent to Landlord at 9874 Devonshire Drive,Omaha,Nebraska 68114,or at any other place Landlord may design ate in writing,in lawful money of the United States, in monthly installments of$3,000.00 in advance, on the first day of each month (b) Operating Expenses. In addition to the Base Rent,Tenant shall pay all Operating Expenses of the Premises. "Operating expenses"shall mean all costs of operating the Premises, including but not limited to all taxes and special assessments levied upon the Premises,all full replacement value extended coverage casualty, liability and rent insurance costs,all costs of labor,material and supplies for maintenance,repair,replacement,and operating of the Premises. Operating Expenses shall not include depreciation of the Premises,debt service on long term debt or income taxes paid by Landlord. The Operating Expenses shall be determined on an annual basis for each calendar year ending on December 31 and shall be pro rated for the number of months Tenant occupied the Premises if Tenant did not occupy the Premises the full year. Tenant shall initially pay Seven Hundred Seventy and 76/100 Dollars ($770.76)per month,on the first of each month in advance with Base Rent for estimated Operating Expenses. Landlord may change this amount at any time upon written notice to Tenant.After the end of each year,an analysis of the total year's Operating Expenses shall be presented to Tenant and Tenant shall pay the amount,if any,by which the Operating Expenses for the year exceeded the amount of the Operating Expenses paid by Tenant. Tenant shall pay any such excess charge to the Landlord within thirty(30)days after receiving the statement. In the event this Lease terminates at any time other than the last day of the year,the excess Operating Expenses shall be determined as of the date of termination. Upon termination of this Lease,any overpayment of Operating Expenses by Tenant shall be applied to the amounts due Landlord from Tenant under this Lease and any remaining overpayment shall be refunded to Tenant. 23448 (c) Payment of Rent. Tenant agrees to pay the Base Rent as and when due, together with the Operating Expenses and all other amounts required to bepaid byTenant under this Lease. In the event of nonpayment of Pe q any amounts due under this Lease, whether or not designated as rent, Landlord shall have all the rights and remedies provided in this Lease or by law for failure to pay rent. (d) Late Charge. If the Tenant fails to pay the Base Rent together with the Operating Expenses and all other amounts required to be paid by Tenant under this Lease,on or before the third day after such payments are due,Tenant agrees to pay Landlord a late charge of five percent(5%)of the total amount due. (e) Security Deposit. As partial consideration for the execution of this Lease,the Tenant has delivered to Landlord the sum of Nine Thousand Dollars ($9,000.00)as a Security Deposit. Landlord shall not be required to apply the Security Deposit to any of Tenant's obligations throughout the term of the Lease or to cure any of Tenant's defaults. The Security Deposit will be held until the end of the term of the Lease to assure Tenant's performance of its maintenance, repair and replacement obligations under the Lease,and will be returned to Tenant at the expiration of this Lease, if Tenant has fully complied with all covenants and conditions of this Lease. SERVICES • 5. Landlord shall furnish no services to the Premises. Tenant shall pay when due,all water,gas,electricity, telecommunications,sewer use and trash removal fees,incurred at or chargeable to the Premises. ASSIGNMENT OR SUBLEASE 6. Tenant shall not assign this Lease or sublet the whole or any part of the Premises,transfer this Lease by operation of law or otherwise,issue any of its shares to anyone other than the guarantors of this Lease,or permit Jerry Klabunde or Sue Klabunde or any other person,except agents and employees of Tenant,to occupy the Premises,or any part thereof,and the guarantors of this Lease who are the only shareholders of Tenant shall not sell,transfer,or assign any of the shares of Tenant,without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Without limitation, Landlord may consider the following in determining whether to withhold consent: (a) financial responsibility of the new tenant, (b) identity and business character of the new tenant, and (c) nature and legality of the proposed use of the Premises. No assignment or subletting shall release Tenant from any of its obligations under this Lease, including the payment of rent. Landlord shall have the right to assign its interest under this Lease or the rent hereunder reserved. TENANTS IMPROVEMENTS 7. Tenant shall not make any alterations,additions or improvements to the Premises, including changes to electrical or mechanical systems or redecorating,without Landlord's prior written consent to the proposed work,which consent shall not be unreasonablywithheld. Landlord may,as a condition to its consent,require that the work be done by Landlord's own employees or contractors and/or under Landlord's supervision,but at the expense of Tenant,and that Tenant give sufficient security that the Premises will be completed free and clear of liens and in a manner satisfactory to Landlord. Without limiting the foregoing, Tenant shall not make any alterations, additions or installations on or to the exterior of the building or the roof or penetrate the roof without Landlord's prior written consent, and then only in compliance with Landlord's conditions to giving such consent. Upon termination of this Lease,at Landlord's option,Tenant will repair and restore the Premises to its former condition,at Tenant's expense,or any such improvements, additions, or alterations installed or made by Tenant, except Tenant's trade fixtures, shall become part of the Premises and the property of the Landlord. Tenant may remove its trade fixtures at the termination of this Lease, provided Tenant is not then in default and provided further that Tenant repairs any damage caused by such removal. 23448 -2- 1EPA IRS 8. Except for the initial repairs provided in Paragraph 24.(b),Landlord shall provide no maintenance,repairs or replacements of any kind to the Premises. Tenant agrees to maintain the Premises in good condition and repair as necessary and that it will make,at its own cost and expense,all maintenance repairs and replacements to the Premises, including but not limited to,the foundations,floors,exterior walls,structural components and roof of the building,the parking lot,driveways,sidewalks,volleyball court, interior and exterior doors, door frames,windows,plate glass,and the heating,air conditioning,ventilating, plumbing and electrical systems servicing the Premises, and to maintain the entire Premises in a first class,safe,clean, neat,and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury, or loss of business arising from the making of any repairs by Landlord or Tenant to the Premises. CONDITION OF PREMISES 9. Except as provided in Paragraph 24.(b), Tenant agrees that no promises, representations,statements,or warranties have been made on behalf of Landlord to Tenant respecting the condition of the Premises or the making of any repairs to the Premises. By taking possession of the Premises,Tenant acknowledgesthat the Premises were in good and satisfactory condition when possession was taken.Tenant shall,at the termination of this Lease,by lapse of time or otherwise,remove all of Tenant's property and surrender the Premises to Landlord in a state of good condition and repair. PERSONAL PROPERTY AT RISK OF TENANT 10. All personal property in the Premises shall be at the risk of Tenant only. Landlord shall not be liable for any damage to any property of Tenant or its agents or employees in the Premises caused by steam,electricity,sewage, gas or odors,or from water,rain,or snow which may leak into, issue from or flow into or onto the Premises from any other place,or for any damage done to Tenant's property in moving same to or from the Premises. Tenant shall give Landlord,or its agents,prompt written notice of any damage to or defects in the roof,structure,plumbing,or mechanical or electrical systems in the Premises. LANDLORD'S RESERVED RIGHTS 11.Without notice to Tenant,without-liability to Tenant for damage or injury to property,person,or business, and without effecting and eviction of Tenant or a disturbance of Tenant's use or possession or giving rise to any claim for setoff or abatement or rent,Landlord shall have the right to: (a) Change the name or street address of the Premises. (b) Install and maintain signs on the Premises. (c) At reasonable times,to decorate,and to make,at its own expense,repairs,alterations, additions,and improvements,structural or otherwise, in or to the Premises,including the building, or part thereof,and any adjacent building, land,street,or alley,and during such operations to take into and through the Premises all materials required,and to temporarily close or suspend operation of entrances,doors,corridors,elevators,or other facilities to do so. (d) Possess passkeys to the Premises. (e) Show the Premises to prospective tenants at reasonable times. 23448 -3- • (f) Take any and all reasonable measures,including inspections or the making of repairs, alterations, and additions and improvements to the Premises, which Landlord deems necessary or desirable for the safety,protection,operation,or preservation of the Premises. (g) Approve all sources furnishing signs, painting,and/or lettering to the Premises, and approve all signs on the Premises prior to installation thereof. CASUALTY INSURANCE 12. Tenant shall not use or occupy the Premises or any part thereof in any manner which could invalidate any policies of insurance now or hereafter placed on the Premises or increase the risks covered by insurance on the Premises or necessitate additional insurance premiums or policies of insurance,even if such use may be in furtherance of Tenant's business purposes. In the event any policies of insurance are invalidated by acts or omissions of Tenant,Land lord shall have the right to term inate this Lease or,at Landlord's option,to charge Tenant for extra insurance premiums required on the Premises on account of the increased risk caused by Tenant's use and occupancy of the Premises. Each party hereby waives all claims for recovery from the other for any loss or damage to any of its property insured under valid and collectible insurance policies to the extent of any recovery collectible under such policies, provided,that this waiver shall apply only when permitted by the applicable policy of insurance. JNDEMN ITY 13. Tenant shall indemnify,hold harmless,and defend Landlord from and against,and Landlord shall not be liable to Tenant on account of,any and all costs,expenses,liabilities, losses,damages,suits,actions, fines,penalties, demands,or claims of any kind,including reasonable attomey's fees,asserted by or on behalf of any person,entity,or governmental authority arising out of or in any way connected with either(a)a failure by Tenant to perform any of the agreements,terms,or conditions of this Lease required to be performed by Tenant;(b)a failure by Tenant to comply with any laws,statutes,ordinances,regulations,or orders of any governmental authority;or(c)any accident,death,or personal injury,or damage to, or loss or theft of property which shall occur on or about the Premises, except as the same may be the result of the negligence of Landlord,its employees,or agents. LIABILITY INSURANCE 14.Tenant agrees to procure and maintain continuously during the entire term of this Lease,a policy or policies of commercial general liability insurance from a company or companies acceptable to Landlord,at Tenant's own cost and expense,insuring Landlord and Tenant from all claims,demands or actions;such policy or policies shall in addition to insuring Tenant protect and name Landlord as additional Insured and shall provide coverage in a combined single limit per occurrence of at least S1,000,000.00 for claims,demands or actions for bodily injury,death or property damage made by or on behalf of any person, persons,entity or entities arising from,related to,or connected with the conduct and operation of Tenant's business in the Premises,or arising out of and connected with the use and occupancy of the Premises by the Tenant. All such insurance shall provide that Landlord shall be given a minimum of thirty(30)days notice by the insurance company prior to cancellation,termination or change of such insurance. Tenant shall provide Landlord with copies of the policies or certificates evidencing that such insurance in full force and effect and stating the term and provisions thereof. If Tenant fails to comply with such requirements for insurance,Landlord may,but shall not be obligated to,obtain such insurance and keep the same in effect,and Tenant agrees to pay Landlord,upon demand, the premium cost thereof. 23448 -4- DAMAGE BY FIRE OR OTHER CAVALTY 15. If,during the term of this Lease,the Premises shall be so damaged by fire or any other casualty or cause so as to render the Premises untenantable,the rent shall not be abated while the Premises remain untenantable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant in writing of its election within sixty(60)days after such damage. In the event Landlord elects to repair the Premises, the work or repair shall begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of the date of the damage. Such damage shall not extend the Lease term. CONDEMNATION 16. If the whole or any part of the Premises shall be taken by public authority under the power of eminent domain,then the term of this Lease shall cease on that portion of the Premises so taken, from the date of possession, and the rent shall be paid to that date,with a proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. If the portion of the Premises taken is such that it prevents the practical use of the Premises for Tenant's purposes,then Tenant shall have the right either(a)to terminate this Lease by giving written notice of such termination to Landlord not later than thirty(30)days after notice of the taking;or(b)to continue in possession of the remainder of the Premises,except that the rent shall be reduced in proportion to the area of the Premises taken. In the event of any taking or condemnation of the Premises,in whole or in part,the entire resulting award of damages shall be the exclusive property of Landlord, including all damages awarded as compensation for diminution in value to the leasehold,without any deduction for the value of any unexpired term of this Lease,or for any other estate or interest in the premises now or hereafter vested in Tenant. CONTINUED OCCUPANCY OF PREMISES 17. Tenant covenants to , and it is the essence of this Lease that the Tenant shall, continuously and uninterruptedly during the term of this Lease,occupy and use the Premises for the purpose hereinabove specified,except while Premises are untenantable by reason of fire or other unavoidable casualty,and in this connection it is agreed that in case of breach of this covenant the Tenant shall, in addition to the rental hereinabove provided for, pay to the Landlord monthly a sum equal to twenty-five percent(25%)of the monthly Base Rent stipulated herein, for each and every month during which the 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. Provided also,and this Lease is upon these express conditions,that the Landlord and the Landlord's successor or assigns shall have the right to terminate this Lease absolutely at the end of the calendar month by first giving to the Tenant,or the Tenant's assigns,or by leaving at said demised Premises,addressed to the Tenant,at least six months before the date of such termination,a written notice of the Landlord's intention to remodel, remove or demolish the said building,or to sell,or make a ground lease of the land thereunder,the rate of rent herein stipulated being the consideration for this agreement. DEFAULT OR BREACH 18. Each of the following events shall constitute a default or a breach of this Lease by Tenant: (a) If Tenant fails to pay Landlord any rent or other payments when due; (b) If Tenant vacates or abandons the Premises; 23448 -5- (c) If Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act,or voluntarily takes advantage of any such act by answer or otherwise,or makes an assignment for the benefit of creditors; (d) If involuntary proceedings under any bankruptcy or insolvency act shall be instituted against Tenant,or if a receiver or trustee shall be appointed of all or substantially all of the property of Tenant, and such proceedings shall not be dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment; (e) If Tenant fails to perform or comply with any other term or condition of this Lease and if such nonperformanceshall continue for a period of ten(10)days after notice thereof by Landlord to Tenant,time being of the essence;or (f)If Tenant engages in any unlawful activity on the Premises. EFFECT QF DEFAULT 19. In the event of any default or breach hereunder, in addition to any other right or remedy available to Landlord,either at law or in equity.Landlord may exercise any one or more of the following rights: (a) Landlord may re-enter the Premises immediately and remove the property and personnel of Tenant, and shall have the right, but not the obligation, to store such Property in a public warehouse or at a place selected by Landlord,at the risk and expense of Tenant. (b) Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant. Without such notice,Landlord's retaking will not terminate the Lease. On termination,Landlord may recover from Tenant all damages proximately resulting from the breach, including the cost of recovering the premises and the difference between the rent due for the balance of the Lease term, as though the Lease had not been terminated,and the reasonable rental value of the premises,which sum shall be immediately due Landlord from Tenant. (c) Landlord may relet the Premises or any part thereof for any term without terminating this Lease, at such rent and on such terms as it may choose. Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease,Tenant shall be liable for all expenses of the reletting,for any alterations and repairs made,and for the rent due for the balance of the Lease term,which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by Landlord during the remaining term of this Lease from reletting the Premises or any part thereof.If during the remaining term of this Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant, but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. SURRENDER-HOLDING OVER 20. Tenant shall, upon termination of this Lease, whether by lapse of time or otherwise, peaceably and promptly surrender the Premises to Landlord. If Tenant remains in possession after the termination of this Lease, without a written lease duly executed by the parties,Tenant shall be deemed a trespasser. If Tenant pays,and Landlord accepts,rent for a period after termination of this Lease,Tenant shall be deemed to be occupying the Premises only as a tenant from month to month, subject to all the terms,conditions,and agreements of this lease,except that the Base 23448 -6- Rent shall be one-hundred twenty-five percent(125%)of the monthly Base Rent specified in the Lease immediately before termination. SUBORDINATION AND ATTORNMENT 21. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Lease,and all rights of Tenant hereunder,shall,at the option of Landlord,be subject and subordinate to any liens and encumbrancesnow or hereafter imposed by Landlord upon the Premises or the Real Estate or any part thereof,and Tenant agrees to execute,acknowledge,and deliver to Landlord,upon request,any and all instruments that may be necessary or proper to subordinate this Lease and all rights herein to any such lien or encumbrance as may be required by Landlord. In the event any proceedings are brought for the foreclosure of any mortgage on the Premises, Tenant will attorn to the purchaser at the foreclosure sale and recognize such purchaser as the landlord under this Lease. The purchaser,by virtue of such foreclosure,shall be deemed to have assumed,as substitute landlord,the terms and conditions of this Lease until the resale or the disposition of its interest. Such assumption,however,shall not be deemed an acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior landlord. NOTICES 22. Any notice to be given hereunder shall be given in writing and delivered or sent by U.S. registered or certified mail to Landlord at: 5120 Mayberry Street Omaha,Nebraska 68106 and to Tenant at: 1830 North 72nd Street Omaha,Nebraska 68114 or at such other address as either party may from time to time so designated. Each such notice shall be deemed to have been given and received at the time it shall be personally delivered to such address or deposited in the United States mail,in the manner prescribed herein. MISCELLANEOUS • 23. (a)Binding on Assigns. All terms,conditions,and agreements of this Lease shall be binding upon,apply, and inure to the benefit of the parties hereto and their respective heirs,representatives,successors,and assigns. (b) Amendment in Writing. This Lease contains the entire agreement between the parties and may be amended only by subsequent written agreement. (c) Waiver-None. The failure of Landlord to insist upon strict performance of any of the terms,conditions and agreements of this Lease shall not be deemed a waiver of any of its rights or remedies hereunder and shall not be deemed a waiver of any subsequent breach or default or any of such terms, conditions,and agreements. The doing of anything by Landlord which Landlord is not obligated to do hereunder shall not impose any future obligation on Landlord nor otherwise amend any provisions of this Lease. (d) No Surrender. No surrender of the Premises by Tenant shall be effected by Landlord's acceptance of the keys to the Premises or of the rent due hereunder, or by any other means whatsoever, without landlords' written acknowledgment that such acceptance constitutes a surrender. 23448 -7- , (e) Captions. The captions of the various paragraphs in this Lease are for convenience only and do not define, limit,describe,or construe the contents of such paragraphs. (f) Brokers. Tenant hereby warrants that no real estate broker has or will represent it in this transaction and that no finder's fees have been earned by a third party. (g) Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State 1 of Nebraska. OTHER PROVISIONS 24.(a)Liquor License. Tenant intends to initially operate its business upon the Premises under a Temporary Agency Agreement with CIC Corporation,which holds a liquor license for the Premises. Tenant shall forthwith apply for and diligently pursue its application for a liquor license for the Premises. If Tenant is unable to obtain a liquor license for the Premises by September 30,2001,thereafter,Tenant may terminate this Lease effective September 30, 2001,by no less than ten(10)days prior written notice to Landlord. Upon such termination,Tenant's Security Deposit and Repair Deposit (hereinafter defined) will be returned to Tenant, if Tenant has fully complied with all of the covenants and conditions of this Lease. (b)Initial Repair. Unless this Lease is terminated because of Tenant's inability.to obtain a liquor license for the Premises, within a reasonable time after Tenant notifies Landlord that it has received a liquor license for the Premises,Landlord will make initial repairs to the driveways and parking lot and the volleyball court on the Premises, as described in the Proposals attached hereto as Exhibits"B"and"C". As partial consideration for the execution of this Lease,Tenant has delivered to Landlord the sum of Eleven Thousand Dollars ($1 1,000.00)as a Repair Deposit,which shall be used by Landlord to partially pay for said initial repairs to the driveways, parking lot and volleyball court. Landlord shall pay the cost of said initial repairs in excess of$1 1,000.00. Other than the one time initial repairs to be made by Landlord and partially paid by Tenant, all other maintenance, repairs and replacements to the Premises throughout the term of the Lease shall be made by and at the expense of Tenant,as herein otherwise provided. (c)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 said option right is exercised or(b)at the time such option period is to commence,the Tenant is hereby granted the option to extend this Lease for one(1)additional term of three(3)year(s) on the same terms and conditions as herein contained for the original term,except that the monthly Base Rent shall be $3,300 for the first lease year of the extended term,$3,400 for the second lease year of the extended term,and$3,500 for the third lease year of the extended term. This option to extend may only be exercised by Tenant giving Landlord written notice of exercise at least six(6)months prior to the expiration of the original term, failing which this option becomes void. 23448 -8- Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease of Tenant to Landlord. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the day and year first above written. /j LAND D l/! BY: C 1� Witness P 1 F. Mc ill, stee ALL NATIONS ACQUISITIONS, INC.,TENANT 7 _ J ! BY: ess J hn Hassett, President PERSONAL GUARANTEE The undersigned hereby unconditionally guarantee unto the Landlord the payment of the rent and the performance of all of the covenants under the Lease by the Tenant and hereby waive notice of any default under the Lease and agree that this liability shall not be released or affected by an extension of time for payment or by any forbearance by the Landlord. DAT is 3 r day of uly,2001. W' ess: -7-1 CQnnA c— / AO � -S J idirf Wi SS' e= I1i1�J f..i �% r: ;la Hassett • 3211 South 57th Circle Omaha,Nebraska 68106 23448 -9- EXHIBIT "A" LEGAL DESCRIPTION A TRACT OF LAND BEING A PART OF LOTS 6 AND 7 OF BELLAIR ADDITION IN THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 15 NORTH, RANGE 12 EAST OF THE 6TH P.M. , AS ORIGINALLY SURVEYED, PLATTED AND RECORDED IN DOUGLAS COUNTY, NEBRASKA, AND CONSISTING OF THE NORTH 149 FEET OF THE WEST 105 FEET OF THE EAST 250 FEET OF LOT 7, AND THE NORTH 89 FEET OF THE WEST 128 FEET OF THE EAST 145 FEET OF LOT 7 AS ORIGINALLY PLATTED. AND THE SOUTH 72 FEET OF THE WEST 233 FEET OF THE EAST 250 FEET OF LOT 6 OF BELLAIR ADDITION AS ORIGINALLY PLATTED. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 864. 00 FEET NORTH AND 50.00 FEET WEST OF THE SOUTHEAST CORNER, NORTHEAST QUARTER OF SECTION 14; THENCE SOUTH PARALLEL TO AND 50 . 00 FEET WEST OF THE EAST SECTION LINE OF SAID SECTION 14, A DISTANCE OF 161. 00 FEET TO A POINT; THENCE WEST AT A DEFLECTION ANGLE OF 90 DEGREES 02 '00" FEET RT. A DISTANCE OF 128 FEET TO A POINT; THENCE SOUTH AT A DEFLECTION ANGLE OF 90 DEGREES 2'00" LT. A DISTANCE OF 60.00 FEET TO A POINT; THENCE WEST AT A DEFLECTION ANGLE OF 90 DEGREES 2 ' 00" RT. A DISTANCE OF 105 .00 FEET TO A POINT; THENCE NORTH AT A DEFLECTION ANGLE OF 89 DEGREES 58 '00" FEET RT. A DISTANCE OF 221. 00 FEET TO A POINT; THENCE EAST AT A DEFLECTION ANGLE OF 90 DEGREES 2 ' 00" RT. A DISTANCE OF 233 FEET TO THE POINT OF BEGINNING. \ _ • ƒ / 3••\ CD CD0CaD ° 0 ° / \ : , \ . C' 0 ® 2. . R q / 2 0 ƒ o@ \ @ ƒ RE C 6 / • \ ' � ƒ f' •\ o ‘. o • ƒ k /~ 2 n 7� a S' _ o \ 0 «q / E ± q oCD ƒ • \ tit} \ § 7. � DEC.;,0Z—2002.4.10 :27 AM COMMERCIAL _REALTY, INC. 402 734 2070 P. 01 v. R E I . E I v i_ Lam{ 5709 F Street,Omaha NE 8117,Tel:402-734-7800,Fax:734-2070 02 DEC - ? 0: CommercialIi : 2 Realty,y Inc. CITY CLT. RK 0MF,HA. N E 5;RA5'. TO 10'1 ;ALL vvlii,10 Fa)( DIST.#1 ✓'. { DIST.#2 DIST.#3-.1 GIST.# _ D IST.#5 DI ST.n 3 I l DIS?.r7 From: Lori A.Dolezal Councilman Mark Kraft no (IF RTacP STAFc Bus.: City Council CITY CLERK Lbal3 1L Pauc 444-5263 Pages: 1 al; u ' `02 Phone: 444-5527 Date: 12/3/02 _ • Re: Liquor License Application CC: TAA Mr.Mark Allada, (All Nations Brewhouse) Q Urgent 0 For Review ©Please Comment 0 Plesse Reply ❑Please Recycle •Comments: DEAR COUNCILMAN KRAFT: I REPRESENT THE OWNERS OF BOTH PROPERTIES IMMEDIATELY WEST OF ALL NATIONS. WE HAVE HAD PROBLEMS WITH LITTER,BEER BOTTLES A CANS STREWN ABOUT OUR PROPERTY AND BROKEN GLASS ON OUR ROOF. IN ADDITION,SEVERAL MONTHS AGO,AFTER VOLLEYBALL MATCHES WERE OVER,A CUSTOMER OF ALL NATIONS HIS TRUCK THROUGH THE BACK OF THE CAUSING$0,000.00 INDAMAGES.DROVE HAD IT BEEN DURING BUSINESS HOURS SOMEONE BUILDING WOULD HAVE BEEN KILLED. BARRICADES ARE NEEDED TO THE WEST OF THE PARKING LOT AND RESTRICTIONS NEED TO BE PUT IN PLACE TO LIMIT VOLLEYBALL COURT USAGE. WE ALSO STRONGLY OBJECT TOSEE T RESTRICS LISHMENT TED AS A CONDITIING AON OF HETLEMEN'S"DANCE CLUB AND WOULD LIKE TO LIQUOR LICENSE BEING APPROVED. RESPECTFULLY SUBMITTED, LORI A.DOLEZAL PROPERTY MANAGER FOR: XERXES DEVELOPMENT,LLC& CACTUS CREEK,LLC • Page 1 of 1 • Brown, Buster (CCIk) • From: Andersen, Lou (CCou) Sent: Thursday, November 21, 2002 10:12 AM To: Brown, Buster (CCIk) Subject: FW: Proposed bar site • Original Message From: Gernandt, Garry (CCou) Sent: Thursday, November 21, 2002 9:59 AM To: City Council Group Subject: FW: Proposed bar site FYI with sender's permission. Garry G. Original Message From: Lisa Neff [mailto:Ineff2@cox.net] Sent: Saturday, November 16, 2002 2:26 PM To: ggernandt@ci.omaha.ne.us Subject: Proposed bar site Hi Gary, this is Lisa (Pat Rybin's daughter). My mother sent me an email with a link to Omaha.com. It was in reference to the bar that Carl Gullotta wants to own and operate at 1830 North 72nd St, the former All Nations Brewhouse. I know Carl personally and know how he operates. As soon as he takes posetion of this facility he will turn it into a dance club/strip club. I now live with in blocks of this location with my three kids and DO NOT want him to own or operate any form of bar around this area. He rented the Anchor Inn in the 90's and took it from being a nice river front bar/restaraunt into a strip club that he would have teen age girls dance in. He used the excuse that the girls were friends with his girlfriend (now wife) Tracy who at the time was 15. What the authorities did not know at that time is that the girls were working for him being pain under the table dancing. I know for a fact that Carl will draw all kinds of bad elements to this area. I refuse to live anywhere near a location where Carl owns any type of establishment. I don't want to go for a walk or drive down the street and see the trash and/or prostitutes that he attracks. In the news article dated 11-16-02 it stated • "Kraft said he asked Gullotta to agree in writing not to have a strip club there, and to stop volleyball and any other noisy outside activities at 11 p.m. if he wants a positive recommendation from the City Council.The council makes recommendations on liquor licenses, but the state commission has the final say." Carl WILL NOT obide by this even if he signs the paper. He finds ways around the system. Please DO NOT let Carl open this establishment. Here is the link to the news article. http://www.omaha.com/index.phpu np=0&u p�=36&u sid=566588 Thanks for your time Gary! Lisa Neff 11/21/2002 TO C'; 1 ! L I j ALL C+M CREIGHTONP R -EL-ELP DIST.T1 DIST.�2 Omaha's Jesuit High School Since 18,a NOV 22 �i4 9: 51 DIST f6 ` 7 DIST#6 a n G!;i' CL��,h t :;�,r. id_ DIST.#7 CH.OF STAFF �' c i< '`,; STAFF c R,r G H,c as November 18, 2002 CITY CLERK Y LOBBYIST City Councilman Marc Kraft NOV 2 2 '02 Omaha-Douglas County Civic Center 1819 Farnam Street,Rm LC-1 T.: l 4ti Omaha,NE 68183 Dear Councilman Kraft: I read with great interest the story in the Omaha World Herald(Saturday, November 16, 2002, Pg. B1) that details the interest of Mr. Carl Gullotta in buying the All-Nations Brew House on 72nd Street. I want to express to you the deepest concern of Creighton Preparatory School should Mr. Gullota extend to the 72nd location his operation at Tiger Lily's. ,, With the close proximity of Creighton Preparatory School and St.Pius X/St. Leo Grade School, this would certainly fall under an "attractive nuisance." While the school has had no particular problems with the current owners of the All-Nations Brew House, we would be concerned if. Mr. Gullota intends to convert this establishment into a strip club. The residential nature of our neighborhood would argue against such an establishment, especially with the large number of students in the immediate area. Thank you for expressing your own concern in this matter. Creighton Prep stands ready to help in this regard. Please let us know if there is • anything we can do. Sincerel yours, fietr// .,/ Robert V. Hotz, S.J. President Creighton Preparatory School 7400 Western Avenue Omaha, NE 68114-1878 TEL 402.393.1190 FAX 402.393.0260 11/25/2002;21:24 FAX 4024963288 WOLFGRAM CORDERY 0.01 10907 Cationwood Lane WOLF GRAM RECEIVE () Omaha, NebtaSfca.68164 -WA ACCOIJNITNG (402) 496-3111 26 FAX (402)SERVICE 0boy ! CITY cLERIt 014,014, NE EmijS TO CV ALL CM'S DIST.#1 TELEFAX TRANSMISSION COVER SHEET DIST.#2 DIST.#3 DIST.#4 DIST.#5 TO: Name: CHue./r , 5/G_,/!'spn/ _ _ DIST.#6 INST. CH.OF STAFF Company:. STAFF• Fax Number: yyy- LOBBYIST • NOV26 '02 FROM: Name: DA v i re. $ cop,',✓, ba t f r►Ot. • �- yI1 /V 1 d 0 O'fyA /in- Ne ;26) RE: fa �� �✓f�r I D,/ ,C OPELAJ j-,'ou 6 /F! 3.0 /V '7 S to Gtrt L O 1ot.aR L I d • Date of Transmission: I t-zb-0 L Time: 8 ; ,0 Total number oz pages (including cover) If-you do not receive all of the pages or it any are illegible, please call the above sender as soon as possible. at.'-the following number: (402) 496-3111 / J E. AaetiHC /iPrRavv,e,. Ar ,q Ease To . a k`t o r r# 1'I-EO J E !1 D ✓I.r( ,t . ra /f o yG oc w i i e. VQ fE d•✓ ' 7,/f fs ri g r reit 4 • tiro o n o 0 v) f tri CD a' t, ca. - pa• '(\ w o t7 Po n o N 0 0 a ›- -, \• 6. ° cro r. a C� :; I o. 0• '8. x � CDo. o CO w 't O"o pa i' TO a Cv ALL CM'S DIST. RECEIVED DIST.#2 DIST.#3 Hillside Neighborhood Watch Program DIST.#4 DIST.#5 • c/o Frank and Dorothy Insolera(block coordinator DIST.#6 1613 Hillside Dr. � NOV 25 FT to 08 DIST.#7 I .- Omaha, Neb. 68114 CH.OF STAFF 17 Nov. 2002 S FAIT CITY CLERK CITY CLERK . Nebraska Liquor Control Commission OMAHA, NEBRA`KI LOBBYIST 301 Centennial Mall South Lincoln, Neb. 68508 Nay 25 '02 Dear Commissioners: n `' We,the undersigned members of the Hillside Neighborhood Watch group,ask that you deny Carl Gullotta's request for a liquor license for the tavern currently known as All Nations Brewhouse, 1830 N. 72nd St., Omaha. Gullotta owns a strip joint,Tiger Lily's,in downtown Omaha. "The Liquor Control Commission since 1990 has suspended Gullotta's license for his downtown club five times,including three times for illegal contact or lewd conduct,"according to a 16 Nov. World-Herald news story. That's a poor track record. Omaha City Councilman Marc Kraft asked Gullotta in writing not to transform All Nations into a strip joint should he buy it.Kraft said he had received numerous phone calls from concerned area residents and had received no calls favoring Gullotta's opening a business in the neighborhood,according to the World-Herald story,but"none of that has mattered to Gullotta,Kraft said." Given the past problems with his liquor license for Tiger Lily's and his failure to disclose his plans for All Nations,Gullotta would seem an unlikely candidate for another liquor license,at least in this case. Indeed,we would ask that you decline to grant a liquor license not only to Gullotta but to anyone who would seek a license for All Nations unless the applicant publicly pledges not to turn the establishment into a strip joint,go-go club,&c. No matter how expensive the cover charge or the drinks,and regardless of what they are called(e.g.,"gentlemen's clubs"),such establishments diminish an area. In effect, they invite a bad element,and they increase the chances of bad behavior,including crime, in an area.In short,these establishments are by definition seedy. Ours is not a seedy neighborhood--yet.Of course All Nations is in a commercially zoned area,but nearby businesses,including a supermarket and a mortuary,are decent businesses,not strip clubs.Moreover,not far from All Nations are at least two churches, two elementary schools(St.Pius X/St.Leo and Hillside),Creighton Prep and many single-family homes,including ours.Many children live in these neighborhoods. A strip joint would harm nearby businesses and residential neighborhoods-- morally,aesthetically and,in terms of the chances of increased crime and reduced property values,practically. We thank you for your attention and your consideration of our request. Sincerely, (See attached page.) xc: Omaha City Council,file HILLSIDE NEIGHBOR WATCH PROGRAM Omaha,Ne 68114 Block Coordinators: Dorothy& Frank Insolera 1613 Hillside Dr. 7/"._,L___ Marlyne Johnson �'� /���:/r 7606 Seward St. �'?'n 6 � 4'/1-2,2)71(2 ) - ,_. _ Dean& Betty Masters Tara Storer&John Allen 1605 Hillside Dr. 1614 Hillside Dr. 411,04 ilAelgAVaz 4.1) hn & ShirleyBarnesC o y s Roberta Martin 1619 Hillside Dr. 1618 Hillside Dz __ ___ ________ z Z(,.////7^, r. M (\, -\\--1 •)°' (-_. N _ Delphin Reimers Ed Corey&Andrea Bibeault 162 Hillside Dr. 1622 Hillside Dr. j ( } 6A(r i 1%),a Al. 14•/ (4,t‘1 -1 t-,I.a.e)/ti J Malnack Charlie &Jan Amidon 1633 Hillside Dr. 1706 Hillside Dr. (1-14ttli 1 71. t,-,-,-k---;-14 , 4,),,z,a4(7- „ z,,/,,..,,,t_ 1 Delores Woods �- 3. 1714 Hillside Dr. mer Wayne Palmer Conn- ergman-Pal & y a 1705 Hillside Dr.72, _ //,, ++__ 1 V i.1T c �U:(/j1 __,_2 j Howard& Chris McKay �v u - 1722 Hillside Dr. Chris& Sarah ox 1709 Hillside Dr. /, q (,_ Richard Laura G ger 1717 Hillside Dr. . ,/ .4 GladyU Schumacher 19 Hillside Dr. /743 =- .. d o 6- o 0 CD0n o ' 00 CD fa, tri a V a, \\` n R • L..) 8- d ' n pi a P�*. I.) n N '-' -_ o N = v) i , • 9 O Q.• c� r. � � 0 c � 0 0 o :Do Ct o o •� ?' Q- ALL CM'S I ‘..----- A- C-X;i:LS,RE C UTI/SCD IN CIT COUNCIL OFFICE IN DIST.#1 DIST.#2 I SUPPORT4?PPOSITION (circle one) TO THE DIST.#3 FOLLOW' . • DIST.#4 DIST.#5 DIST.fa / '•,- L.-fill-L-6-1-2 (-) 9(.---c__;-0_.--o-_-4.___k_.--' 7:-.....) ---t._., DIST 47 .../ 0 1 CH.OF STAFF I '---- 6(te ../.._ tIWFCLERK I --"' LOBBYIST I 17-11-i_a_t-4-i DEC 0 3 '02 /( Name: I Address/Zip Code: Telephrone: „ t , ---o / il-e) 7.0 Yi- 6,1/a,/ f-3-2— ,F1 1 7 go / i• & / c) .1 6f 8y 3 /-- 6 7 s'-'1-e- - ; . cx e-,4-iz( I. ,o-li-ktJ• “i5,(( 4...,7-7 )p.. 4 cf,,,„ ,12_, i37py- 7),,,,,,, d,.; az,--, <if/ - 3 ei/ ikebiti alaelt 111:4e 7 /,?3,2 7?tejtele,J) „V 4,r/p/ 4i/51:4 YTILit a S. rd S -/- 6 f7/z-/ 55 - G, 46-6 "24::( 6-e _S64-, ,44, • R. r B lc 6-46!K --8 re c....; Pi 42-7 .---7 1 7_ //' ,94 &..._, - 4,e,_,__,4_,...„ i . . ar \--771,61-.6f-ice 6'sz- 6 , . i• _ , 342 o o , 1 . , /70 -7 3 I e 041/n' • CNI -,-I ---N ,..-4 .. — LI.] -1:: _ w 1 >_ f.:_:; L..) h_. •• . Lu 0 AGENDA ITEM # 7Y e . Ci) q §' ''Ci CD (I) \ / o 0 2 - \ ( L ° CD f � & < § � �' pz • '� G q A . p n cp \ . ,• I. \ q /2 §. o lb (c' ,_,. ,—,_. k \ � � Nba 'tv... o r) � _ n• « o § CD n / e.' § P / CD / - 7 Co 5. o w ƒ q � k INTEROFFICE MEMORANDUM Law Department DATE: November 19, 2002 TO: President and Members of the City Council FROM: Thomas O. Mumgaard, Deputy City Attorney SUBJECT: Liquor License Application of Carl Gullotta, dba "All Nations" Appearing on your November 19, 2002, agenda'is a liquor license application filed by Carl Gullotta at 1830 North 72nd Street. That application includes a copy of a lease for the premises in which Gullotta subleases the location from All Nations Acquisitions, Inc. All Nations Acquisitions, in turn, has leased the premises from the P & A McGill Living Trust. The All Nations Acquisitions lease requires that the McGill Trust consent to any sublease. The City Clerk has received a letter from an attorney representing the McGill Trust indicating the landlord has not consented to the sublease to Mr.'Gullotta. Section 53-125(12) of the Liquor Control Act provides that a license cannot be issued to a person who does not own the premises unless that person has "a lease or combination of leases on such premises for the full period for which the license is to be issued." It appears that Mr. Gullotta does not have a lease for these premises that satisfies this requirement. In my opinion, until the landlord's consent has been given, Mr. Gullotta is disqualified as a matter of law from obtaining a liquor license for these premises. • I recommend that, unless Mr. Gullotta can provide written evidence of the landlord's consent to his sublease, you should recommend denial of this liquor license. Respectfull-yyubmitted, / 07 Thomas O. Mumgaard Deputy City Attorney tt • .. o n • o 0 HIu ?' 11 • CD ta. d • r„ • 0 0 C 0 o \I lb h. o po • - • pro co