RES 2018-0634 - Addition of outdoor area to class D liq lic loc Aldi #75 E-MAILED TO NLCC
';tNEsTn""n, •
- 4 t ' `` �' ' �� STATE OF NEBRASKA
J Pete Ricketts NEBRASKA LIQUOR CONTROL COMMISSION
a,'�'°! l'i `;x Governor 2018,ILIN I I PH #: Hobert B.Rupe
4 3 Executive Director
;;'� "+- � 301 Centennial Mall South 5th Floor
'� R vr�$`�� P.O.Box 95046
CITY ( E r. Lincoln,Nebraska 68509-5046
w +� ,t Phone(402)471-2571
ASK!: Fax(402)471-2814 or(402)471-2374
TRS USER 800 833-7352(TTY)
June 8, 2018
Omaha City Clerk
1819 Farnam Street LC-1
Omaha, Ne 68183-0001
Dear Clerk:
Please present the following application for Addition to your board and send us the results of that
action.
RE: ADDITION
LICENSE #: D-062013
LICENSEE: ALDI INC .
TRADE NAME: ALDI #75
ADDRESS: 3433 N 90TH STREET
CITY/COUNTY: OMAHA/DOUG LAS
CONTACT NUMBER: 913-768-1119 EXT 116
CONTACT PERSON: SHELLE CONTINI
EMAIL: SHELLE.CONTINI@ALDI.US
REQUEST: ADDITION TO EXISTING BUILDING
MAKING THE NEW DESCRIPTION READ: Entire One Story Bldg Approx 105'x 185'
APPROVED X DISAPPROVED •
I R.05 /4- , �`s�I 10,a0t5(
Tracy Burmeister J
Licensing Division
Ct -E(P I TU/ U --p47
JUN-08-2018 09:43 From:ALDI#40 14024080889 To:19137681069 Pags:1/2
06/08/2019 6:30A11 FAX 22 R10002/0003
. APPLICATION FOR ADDITION
��EIVE®
TO LIQUOR LICENSE Office the
NEBRASKA LIQUOR CONTROL COMMISSION J U A i O p
301 C11NTTSNNIAG MALL SOUTH I V c7 20 1g
PO BOX 95346
LINCOLN,RE65509sass NEBRASkA LI
PHONE:(402)471-2571 QUO R
FAX:(402)47)2314 CONTROL
rice1te:www.lcesebroib,eov COMMISSION
Application:
• Must include processing fee of S45.00 check made payable to the Nebraska Liquor Control
Commission or you may pay online at www.ne.eov/so/NLCcpayeort
• Must include a copy of the lease or deed showing ownership of area to be added. This is still
required even if it's'the;same as on file with original application
• Must include simple hand drawnisketch showing existing licensed area and area to be added,
must include outside dimensions in feet(not square feet),show direction north. •
NO BLUE PRINTS
• May include approval from the Neal governing body; no addition shall be approved unless
• endorsed by the local governing body
• Check with your local governing body for any additional requirements that may be necessary in
making this request for addition
LIQUOR LICENSE 0 Qp2OI 3 CLASS TYPE
LICENSEE NAME A'i E. 6 t j nr . oe srd$s
TRADE NAME e_C Z '' 74, _
PREMISE ADDRESS 3435 i ` OW)
CITY Oinahad ZIP CODE Ca gla 7 COUNTY Thail9k4.
CONTACT PERSON e y )1t (k,f fr j
PHONE NUMBER OF CONTACTQ PERSON (3 7 v ' /I C 1I
EMAIL ADDRESS OF CONTACT PERSONle`�e
1800007202
• FORM 110
REV JULY 2015
•
Paypf oft
JUN-08-2018 09:43 From:ALDI#40 14024080889 To:19137681069 Page:2/2
06/08/2018 6;30At1 FAX 22 @30003/0003
•
1. What is being added?
Explain the type of addition that is being requested,Le.beer garden,adding to building
C?Cd 5 bterlelpy___""
2. Will this addition cause the location to be within 150 feet of a church,school,hospital,home for
the aged or indigent persons or for veterans,their wives,and children;or within 300 feet of a college or
university earupus?
YIf$ [ NO
If yes,provide name and address of such institution and where it is located in relation to the premises
(Nth.Rev.Stat.53-177Wi).
Must include supplemental Form 134 found at this links bttu://www.lcc-ne.>;ov/fornisdiv.htm(
•
•
If proposed location is within 3001feet of a campus,the Commission may waive this restriction
upon written approval from the governing body of the college or university.(Rev.Stat.53-177)(l).
Must include supplemental Form1135 found at this link:htto://www.lcc.ne4toviformsdiv.html
' 3. Include a sketch of the area to be added showing:
✓ existing licensed area withilength&width in feet
✓ area to be added with length&width in feet
✓ direction north
4. If adding an outdoor area explain:
I type of fencing
✓ height of fence
✓ length&width of outdoor'area in feet
12.07 Outdoor area shall mean an outdoor area included in licensed premises,which is used for the service and
consumption of alcoholic liquors and which is contained by a,parmanent fence,wall or other barrier approved by
the Commission and shall be in-comp'lance w th all building and fire,or other applicable local ordinances.
Rule Chapter 2-012.07 .
I acknowledge under oath that tie premises as added to comply in all.respects with the requirements of the act.
Nob Rev Stat§53-129 .�
•
Signature of Licensee or 0
State of Neb ska
County of €\t _ The forogoing instrument was aoknowledged before me this
3 TJAte by L.;S� t/Vv2 1 _
name oreason acknowtedgad(individta,l(s)dsalsg douummo
•
AThZ seal - GENERAL NOTARY-Stete of Nebraska
HANNAH FLEeURY
My Camp Exp.Much 20,2e12
Notary Public signature •
• DO M 11e
R*JULY 2015
•
Page 2 of 2
i r^
V
•
p �O
r-
1 1
c \
1 t
0
S�
REAL ESTATE CONTRACT
THIS CONTRACT is made as of the 20th day of June, 1994,
by and between CENTER ASSOCIATES, a Nebraska general partner-
ship ("Seller") and ALDI, INC. (KANSAS) , a Kansas corporation
("Buyer") .
1. Property. Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, the following described
property:
(a) a 2.3-acre tract of land located in Omaha,
Douglas County, Nebraska, being real estate more particu-
larly described on Exhibit "A" attached hereto and incor-
porated herein by this reference;
(b) together with all appurtenances and easements
pertaining to the real property, including all of
Seller's right, title and interest in and to all adjacent
streets, alleys, rights-of-way and all strips and gores
of all real estate adjoining said real property and any
and all buildings, structures and improvements thereon.
All of the above is hereinafter collectively the "Property".
The foregoing description of the Property is subject to an
accurate legal description prepared by a licensed surveyor
which shall be set forth on the Survey as hereinafter des-
cribed in Section 5.
2. Price. The total price for the Property is Four
Hundred Forty-Four Thousand and no/100 Dollars ($440, 000.00) .
This price will be paid as follows:
2. 1. Ten Thousand and no/100 Dollars ($10,000.00)
will be paid as earnest money on the date of this Contract,
and will be deposited with the escrow agent named below.
2. 1. 1. The parties hereby jointly instruct
Spence Title Services, Inc. as escrow agent ("Escrow Agent")
to hold the earnest money in escrow, and to invest the same in
an interest-bearing account. The interest should be added to
the account and retained as part of the account, and the
interest on the account (together with the principal in the
account) will be paid to the party who will be entitled to the
earnest money upon closing, or upon the happening of such
other events as may be described in this Contract. The
earnest money and interest earned thereon are hereafter
referred to as the "Earnest Money". At closing, the entire
Earnest Money amount including interest thereon will be
applied to the purchase price and constitute a closing state-
ment credit to the Buyer. Escrow Agent is hereby instructed
by both parties to apply the Earnest Money as set forth in the
various provisions of this Contract. Buyer shall provide
Escrow Agent with its federal tax identification number for
the purpose of investing the Earnest Money in an interest-
bearing account. Any interest income earned on the Earnest
Money shall belong to Buyer.
2.2. Approximately Four Hundred Thirty Thousand and
no/100 Dollars ($430,000.00) shall be paid in cash at closing.
The exact amount of this cash payment required at closing
shall be the difference between the total purchase price and
the Earnest Money. This amount shall also be adjusted at
closing by the prorations as set forth in Section 4 below.
3. Title Insurance. Within ten (10) days of the date of
this Contract, Seller shall deliver to Buyer a title insurance
commitment (the "Title Commitment") from Spence Title
Services, Inc. , as agent for Chicago Title Insurance Company
(the "Title Company") in which the Title Company will commit
to issue to Buyer an owner's policy of title insurance at the
closing in the amount of the purchase price in Form ALTA
Owner's Policy - Form B - 1970 (amended 10/17/70) (the
"Owner's Policy") . The Title Company shall also deliver to
Buyer legible copies of all documents appearing as exceptions
on the Title Commitment. Buyer shall have thirty (30) days
after delivery of the Title Commitment and the Survey (as
described in Section 5 below) to examine them and to advise
Seller in writing of any objections which Buyer may have to
the state of title as shown in the Title Commitment and
matters of survey as shown in the Survey. If Buyer makes an
objection, Seller shall have forty-five (45) days within which
to correct the same. If Seller cannot correct the objections,
then Buyer or Seller shall have the option to cancel this
Contract, and Buyer shall receive a return of its Earnest
Money. In such an event, neither party shall have further
obligations hereunder. After the closing, the Title Company
shall issue to Buyer an Owner's Policy in the amount of the
purchase price in the form specified above, with no exceptions
other than those previously approved by Buyer. The policy
shall contain a zoning endorsement, and shall contain title
insurance coverage as to any matters relating to surveys or
mechanic's liens. The standard title exceptions shall be
deleted from the Owner's Policy.
-2-
•
4. Prorations. Seller shall pay all real estate taxes,
insurance premiums, utility charges, special assessments, and
any other ordinary expenses relating to the Property that
become due or which can be paid prior to closing. Buyer shall
pay all such costs and expenses becoming due after the
closing. Seller and Buyer shall at closing prorate all
general state, county and local real estate taxes and special
assessments for the year of closing on the basis of that
year's tax and assessment figures. The parties agree to
prorate based on estimated amounts if actual amounts are
unavailable, and to make later adjustments once the actual
amounts are known.
5. Survey. Within thirty (30) days of the date of this
Contract Seller shall deliver to Buyer a survey (the "Survey")
of the property prepared by a registered land surveyor accept-
able to Buyer, showing all easements, rights-of-way, and other
items appearing on the Title Commitment described in Section
3, including recording information as to easements and other
matters of record, and showing all buildings and improvements
(including any encroachments) and all rights of access to
dedicated streets and other matters appearing from the
surveyor's physical inspection of the Property. The Survey
shall also show whether any portion of the Property is located
in a flood plain, and shall show the total acreage of the
Property. The Survey shall be certified to both Buyer and the
Title Company and shall be sufficient to allow the Title
Company to remove the Survey exception from the Owner's
Policy.
6. Documents Delivered to Buyer.
6.1. Seller shall within five days hereof deliver
to Buyer the following documents relating to the Property:
(a) Copies of all rights-of-way, easements and
other such documents affecting the Property of which
Seller has possession.
(b) Copies of real estate tax bills for all
special assessments, if any, for the past five years.
(c) Copies of- any existing surveys, marketing
studies, site plans, and development plans relating to
the Property in the possession of Seller.
(d) A letter from the pertinent zoning author-
ity stating the zoning classification of the Property and
stating whether or not Buyer's use of the Property as a
-3-
grocery store is a permitted use of the Property under
applicable zoning ordinances or regulations.
6. 2. Within thirty (30) days of the date of this
Contract, Buyer will examine the above-listed items. Buyer
will advise Seller in writing if Buyer has any objections to
the same. If Buyer advises Seller of any such objections
within such time period, then this Contract may be terminated
by Buyer, and the Earnest Money shall be returned to Buyer.
In such event neither party will have any further obligation
hereunder.
7. Physical Inspection. The Closing of the purchase and
the sale of the Property shall be contingent upon Buyer's
investigation of the following matters and Buyer's verifi-
cation that such matters and the condition of the Property
are, in Buyer's sole judgment, satisfactory to Buyer, which
investigation and verification shall be performed within one
hundred twenty (120) days of the effective date hereof:
7. 1. Soil tests shall be performed at Buyer's
expense by a licensed engineer selected by Buyer in order to
determine that the soil composition of the Property is satis-
factory to Buyer. Buyer agrees, to restore the soil to its
original condition in the event it elects, pursuant to this
Contract, not to purchase the Property.
7.2. Buyer shall have the right, at Buyer's
expense, to have the Property inspected by engineers, con-
tractors, agents and others of Buyer's choosing, and to
perform such environmental studies, including but not limited
to an environmental audit, with respect to the Property as
Buyer deems necessary and appropriate to establish to Buyer's
satisfaction the presence or absence, or likelihood of the
presence or absence, of "hazardous substances" (as that term
is defined in the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601) , petroleum
products or any other contaminants or materials or substances
posing a threat to the environment, including the presence or
absence of polychlorinated biphenyls and asbestos on, in or
about the Property or underground storage tanks ("Hazardous
Materials") . Seller agrees to provide Buyer and any person
designated by Buyer with all reasonable access to the Property
to accommodate such environmental analysis. In the event
Buyer is not satisfied with any findings relating to the
environmental condition of the Property, Buyer shall have the
right to terminate this Contract and Seller shall have no
further obligation to Buyer except to return the Earnest Money
to Buyer.
-4-
7.3. The existence and location of all utilities
and easements shall be verified and approved by Buyer.
7.4. Buyer shall verify that the zoning of the
Property will accommodate Buyer's intended use thereof. Buyer
shall, at its own expense, apply for and diligently seek to
obtain site plan approval and all necessary building permits
for the improvements which Buyer intends to construct on the
Property. The period of time for investigation, verification
and processing the contingencies contemplated by this subpara-
graph shall be extended for up to sixty (60) additional days
as necessary to process the site plan approval (including
necessary curb cuts and building permits) contemplated by this
subparagraph.
7.5. Buyer shall verify that the Property is not
subject to any recorded restrictions or covenants which would
prohibit or substantially impair Buyer's intended use of the
Property. Seller shall disclose in writing to Buyer any
federal or state enforcement actions, outstanding compliance
orders or consent decrees concerning the Property due to prior
or present uses of the Property, and Buyer shall determine, in
its sole discretion, that none of the information disclosed by
Seller will affect in any manner Buyer's ownership or intended
use of the Property. ,
7.6. Buyer shall receive site approval from the
President of ALDI, Incorporated. If such approval is obtained
from the President, the approval shall be confirmed to Seller
in writing.
7.7. Seller agrees to cooperate fully with Buyer to
enable Buyer to complete such investigation, verification and
processing of the foregoing contingencies set forth in this
Section in a timely manner.
7.8. It is expressly agreed and understood that in
the event that such matters and condition of the Property are
not satisfactory to Buyer, or any or all of the foregoing
contingencies are not satisfied within said one hundred twenty
(120) day period for any reason not the fault of the Buyer,
except for any extension of time required for the approval
required by subparagraph 7.4. above, then Buyer, at Buyer's
sole option, shall have the right to declare this Contract
terminated, whereupon Buyer's sole remedy shall be the return
of Buyer's Earnest Money, or Buyer may elect to waive such
unsatisfied contingencies and proceed to close.
-5 V3--j
-
8. Closing. The closing of this transaction shall take
place within thirty (30) days after all contingencies have
been satisfied under this Contract. The closing shall take
place at the Title Company or at such other place or time as
the parties may mutually agree.
8.1. At the closing, the Seller shall deliver the
following:
(a) A General Warranty Deed (the "Deed") for
the Property, subject only to those items which appear as
exceptions on the Title Commitment which are acceptable
to Buyer by virtue of the procedure outlined in Section 3
above.
(b) A Seller's affidavit (which includes a
mechanic's lien affidavit) in form satisfactory to Buyer
and the Title Company.
(c) Such good standing certificates, corporate
resolutions, and other documents as may be required by
the Title Company as conditions to its issuance to Buyer
of the title insurance policy described in Section 3
above.
8.2. Buyer shall at closing deliver the cash amount
described in Section 2.2 above, delivered by cashier's check
or wire transfer to Seller's bank as instructed by Seller.
8.3. The parties shall jointly sign and deliver a
closing statement in which the Earnest Money held in escrow
shall be applied to the purchase price on behalf of Buyer.
8.4 . All closing documents shall be delivered to
the Title Company, which shall be instructed to record the
Deed only when it is prepared to issue the Buyer the Owner's
Policy described in Section 3 above and in accordance with
Buyer's closing instruction letter addressed to the Title
Company. The instruction letter shall be consistent with the
terms of this Contract. The funds to Seller shall be
delivered or wire transferred immediately after the recordings
are complete.
•
8.5. Seller shall pay for recording the Deed and
any taxes or fees payable at closing and the premium for the
Owner's Policy. The parties shall evenly split any Title
Company escrow fee.
-6-
•
9. Possession. Seller shall deliver possession of the
Property to Buyer on the date the Deed is recorded. Seller
shall be given thirty (30) days after closing to remove any
and all equipment, furniture, fixtures and supplies of Seller
from the Property, including equipment which may be perma-
nently attached to the Property. Seller shall at closing
present to Buyer an agreement (in a form acceptable to Buyer)
which indemnifies Buyer (and holds Buyer harmless) against all
potential damages and liabilities arising from Seller's
activities on the Property after closing.
10. Warranties and Representations. Seller makes to
Buyer the following warranties and representations, which
shall be as true on the closing date as on the date hereof,
and which shall survive the closing:
10. 1. Seller has received no notices of any plans
for or threats of condemnation affecting any part of the
Property.
10.2. The Property is adjacent to and has access to
publicly dedicated streets and rights-of-way.
10. 3. To the best of Seller's knowledge there are
no plans for public improvements in the area of the Property
which will lead to any special assessments against the
Property in the foreseeable future, other than any special
assessments which may now affect the Property and which will
be disclosed on the Title Commitment.
10.4. Seller has complied with all city, county and
state laws, ordinances, conditions and regulations applicable
to the ownership and operation of the Property, and Seller
knows of no violations of any such provisions.
10.5. To the best of Seller's knowledge there are
no private covenants or restrictions affecting the Property
which will prohibit Buyer's development and use of the
Property as a grocery store.
10.6. Seller knows of no reason why the Property
cannot be developed for purposes of a grocery store.
10.7. Seller is a partnership in good standing and
authorized to transact business in the State of Nebraska.
10.8 . Seller has full right and power to enter into
and consummate this transaction according to the terms hereof.
-7-
10.9. The general partner signing this Contract on
behalf of Seller is authorized to bind Seller and to execute
all closing documents referred to herein.
10. 10. To the best of Seller's knowledge the
Property and its use are not in violation of any environmental
law, statute, ordinance, rule or regulation. To the best of
Seller's knowledge the Property has not at any time been used
in whole or in part as a dump site or for storage (whether
temporary or permanent) for any hazardous waste, toxic sub-
stances or material, or for any similar matter or products, as
such terms or similar terms may be defined in the federal
Comprehensive Environmental Response, Compensation and
Liability Act, any so-called "Superfund" or "Superlien" law,
or any similar federal, state or local statute, ordinance,
rule or regulation, relating to hazardous materials or matters
considered threatening to environmental condition which could
lead to any interference with Buyer's use of the Property
after closing. The term "environmental condition" includes
the surface and ground water, drinking water supply, land,
surface or subsurface strata, and the ambient air. .
10. 11. Seller warrants and represents that it is
not a foreign investor and is not subject to the Foreign
Investors In Real Estate Tax Act ("FIRPTA") and agrees to
execute a FIRPTA Affidavit prior to closing.
11. Seller's Covenants. From the date of this Contract
until the closing, Seller agrees to fully and faithfully
observe the following covenants:
11. 1. Without Buyer's prior written consent, Seller
will enter into no new contracts and will incur no new finan-
cial or legal obligations respecting the Property.
11.2. Seller will take no action or inaction which
will render untrue any representations made in this Contract
or affect Seller's ability to fully perform under this
Contract.
11.3. Seller will not violate or permit the vio-
lation of any restrictive covenant, insurance requirement, or
governmental ordinance, regulation or statute (including with-
out limitation zoning laws) respecting the use of or activi-
ties concerning the Property.
11.4 . Seller will timely pay all taxes which may
become due in connection with the Property.
‘1 )
-8-
12. Condemnation. If any of the Property is condemned
under the power of eminent domain, is the subject of a
threatened condemnation, or is conveyed to a condemning
authority in lieu of condemnation, Seller shall notify Buyer
in writing of the condemnation or threat within five days of
its occurrence. If the condemnation does not materially
affect the operation of the Property, or if the loss repre-
sents a reduction in the Property value determined by an inde-
pendent disinterested appraiser of $10,000.00 or less, then
this transaction shall close as set forth herein, with a
reduction in the purchase price equal to the reduction in
Property value as determined by an independent qualified real
estate appraiser jointly selected by the parties. If the
condemnation materially affects Buyer's operation of the
Property as a grocery store, or the reduction in Property
value exceeds $10,000.00 in amount, then Buyer shall have the
option of cancelling this Contract. In the event this Con-
tract is cancelled then the Earnest Money shall be returned to
Buyer and neither party shall have further claim hereunder.
13. Default. If Seller has performed its obligations
under this Contract, and if at any time Buyer defaults in
performing its obligations under this Contract, then in such
event Seller shall give Buyer written notice of the default
(sending a copy of the notice to Escrow Agent) . If the
default is not cured by Buyer within twenty days of the date
of the notice, Seller shall have the right to cancel this
Contract. In such event, Seller shall notify Escrow Agent,
the Escrow Agent shall deliver the Earnest Money to Seller as
liquidated damages, and Seller shall retain the same as full
compensation for Seller's damages, the parties agreeing that
actual monetary damages in such event would be impossible to
determine.
13.1. If Buyer has complied with all of its obli-
gations under this Contract, and if at any time Seller
defaults in the performance of its obligations under this
Contract, then in such event Buyer shall give Seller written
notice of the default (sending a copy of the notice to Escrow
Agent) . If Seller does not cure the default within twenty
days of the date of the notice, then Buyer shall have the
right to cancel this Contract. In such event, Buyer shall
notify Escrow Agent and Escrow Agent shall return the Earnest
Money to Buyer. Buyer shall have the right of specific
performance of this Contract and may pursue monetary damages
in an amount not to exceed $50,000.
13.2. In the event of a dispute between the parties
over disposition of the Earnest Money, Escrow Agent shall
-9-
notify both parties in writing. In the absence of joint
written instructions from the parties within thirty days
thereafter, Escrow Agent shall be entitled to interplead the
same into court and be relieved of all responsibility.
14. Notices. Any notices to be given either party shall
be mailed by certified mail, postage prepaid, or personally
served. In the event of mailing, notices shall be deemed
effective three days after posting; in the event of personal
service, notices shall be deemed effective when delivered.
All notices to Buyer shall be sent to:
Aldi, Inc. (Kansas)
1000 West 151st Street
Olathe, Kansas 66061
Attention: Martin C. Florie
with a copy to:
R. Scott Beeler, Esq.
Gage & Tucker
40 Corporate Woods
Overland Park, Kansas 66210
All notices to Seller shall be sent to:
Center Associates
1300 P. Street
Lincoln Nebraska 68508
Attention: Russell Brehm
with a copy to:
Rollin R. Bailey, Esq.
Suite 400, Cooper Plaza Building
211 North 12th Street
Lincoln, Nebraska 68508
All notices to Escrow Agent shall be sent to:
Spence Title Services, Inc.
12019 Pacific Street
Omaha, Nebraska 68154
Attention: Chari Korpela
15. Successors and Assigns. This Contract shall bind
the successors and assigns of the parties. Buyer shall not be
permitted to assign this Contract without Seller's prior
-10-
written consent, which consent shall not be unreasonably
withheld.
16. Commissions. Seller shall pay any and all com-
missions which may be payable to any broker or real estate
agent in connection with this transaction, including any real
estate commission due to The Real Estate Brokerage Company.
Seller shall save, defend and indemnify Buyer against any
claims which may be made against Buyer by any parties relating
out of any contacts, contracts or agreements between Seller
and any third parties relating to the sale of the Property.
Buyer represents it has not retained any agent or real estate
broker or salesman in connection with the acquisition of the
Property to whom a commission is due.
17. Miscellaneous. Time is of the essence of this Con-
tract. This Contract contains the entire agreement of the
parties, and may be amended only by a further written document
signed by each of the parties. If any provisions of this
Contract are held invalid or unenforceable, the invalidity or
unenforceability shall be limited to the provisions involved,
and shall not affect the validity or enforceability of
remaining provisions. The captions of the Sections of this
Contract shall have no legal significance. The rule that a
document is construed against the drafting party shall have no
application to the interpretation of this Contract. This
Contract shall be construed and governed under the laws of the
State of Nebraska.
18. Memorandum of Contract. At Buyer's option, Buyer
and Seller shall execute a Memorandum of This Contract in
recordable form and shall cause the same to be filed of record
in the office of the Recorder of Deeds of Douglas County,
Nebraska.
19. Effective Date. The effective date of this Contract
for all purposes shall be the date of execution hereof by the
last party executing this Contract.
20. Expiration. This Contract shall be null and void
unless signed in counterpart originals by both the Seller and
Buyer by 5:00 p.m. on the 5th day of July, 1994, and one
original returned to each party.
-11-
Intending this Contract to be fully binding upon them,
the parties have executed this Contract as of the day and year
above written.
SELLER: CENTER ASSOCIATES,
A Nebraska general partnership
By:
Ru ell Brehm
General Partner
BUYER: ALDI, INC. (KANSAS)
By: MIMAMMO
Mi' h.-1 L. furry,
Ge er l Man ger
ALDI, INC. )
Ole .
1000 W. 15 st SL
Olathe,Kansas 08001
-12-
Acceptance
Spence Title Services, Inc. (Escrow Agent) hereby accepts
and acknowledges receipt of the $10,000.00 described in
section 2. 1 above, and agrees to hold the same pursuant to the
escrow instructions set forth in the above contract.
SPENCE TITLE SERVICES, INC.
By:
,U-
In Title: 0,,ppto
4 c9�/�
Dated: JuneQ , 1994
-13-
STATE OF KANSAS )
ss.
COUNTY OF JOHNSON )
The foregoing instrument was acknowledged before me this
aOtf� day of June, 1994, by Michael L. Curry, general manager
on behalf of ALDI, Inc. , (Kansas) , a Kansas corporation on
behalf of the corporation.
Notary ublic in and for
Said County and State
a77/7
(Type, print or stamp the
Notary's name below his or her
signature. )
My Commission Expires:
OORO'T'HY L FRIE1
/a -O(o 9 7 ROTARY PUBLIC
ANSAS
W Appt ESTATE f K:a. l 9 7
-15-
STATE OF NEBRASKA )
ss.
COUNTY OF. LANCASTER )
The foregoing instrument was acknowledged before me this
day of June, 1994, by Russell Brehm as general partner
of Center Associates, a Nebraska general partnership, on
behalf of the partnership.
'Notary'Pu li in and for
Said County nd State
- (Type, print or stamp the
Notary's name below his or her
signature. )
My Commission Expires:
/// JUDY REINERS
GENERAL NOTARIAL
FAL
STATE OF NEBRASKA.
COrawiss ON Cx Po,CS
JULY 18, 1994
-14-
Point-of-Sale Payments . Page 1 of 1
pA_ypieauf.
NEBRASKA.GOV
PURCHASE RECEIPT
Nebraska Liquor Control Commission
P.O. Box 95046
Lincoln NE 68509-5046
(402)471-4881
jackie.matulka@nebraska.gov
OTC Local Ref ID: 26120154
6/7/2018 02:33 PM
Status: APPROVED
Customer Name: Ryan D. Stemmons
Type: Visa
Credit Card Number: **** **** ****
Total Amount Charged USD$46.12
Items Location Quantity TPE Order Total
ID Amount
Addition 1 30089608 $45.00
License #: 062013
Licensee Name: ALDI Inc. (Kansas)
Trade Name (dba): ALDI 75
Total remitted to the Nebraska Liquor Control $45.00
Commission
https://otc.cdc.nicusa.com/Receipt.aspx?id=26120154&src=lup . 6/8/2018
PLANNING DEPARTMENT REPORT
DATE: JUNE 12,2018 DUE DATE: JUNE 28,2018
CITY COUNCIL HEARING JULY 10,2018
LOCATION: 3433 NORTH 90TH STREET
DESCRIPTION: REQ AN ADDITION OF 25' X 15' TO THE EXISTING BUILDING
APPLICANT: ALDI,INC.,DBA"ALDI#75"
REQUESTED LICENSE OR ACTION ADDITION TO THE PRESENT CLASS "D" LIQUOR
LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP () TYPE OF FACILITY: GROCERY STORE
THIS REQUEST DOES O DOES NOT(X) PERTAIN TO AN OUTSIDE AREA(S)
• ' ^ IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINED ' `
IF OUTSIDE: OUTSIDE AREA IS FEET FROM THE NEAREST RESIDENCE
THIS PROPERTY IS (X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS
(If not,do not proceed-Notify the City Clerk's Office and return this form)
ANNEXATION DATE: ORDINANCE NO. (Only if within last 24 months)
EXISTING ZONING: CC-FF EXITING LAND USE: GROCERY STORE
ADJACENT LAND USE AND ZONING:
NORTH: COMMERCIAL -• CC
SOUTH: COMMERCIAL CC
EAST: COMMFRCIAI CC
WEST: COMMERCIAL CC
PARKING STALLS PROVIDED: 75+ LOT
EXISTING USE DOES(X) DOES NOT( )COMPLY WITH ZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S 2 TOILET STALL (1 H/C)
MEN'S 1 URINAL + 1 H/C TOILET STALL
DATE SUBJECT PROPERTY WAS POSTED: JUNE 22, 2018
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: OK
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: OK
(State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH OK
SCHOOL OK HOSPITAL OK HOME FOR THE AGED,INDIGENT
OR VETERANS OK COLLEGE OR UNIVERSITY OK
Gi�l1r
(Authorize Signature) (Date)
PLANNING DEPARTMENT REPORT
DATE: JUNE 12,2018 DUE DATE: JUNE 28,2018
CITY COUNCIL HEARING JULY 10,2018
•
LOCATION: 3433 NORTH 90TH STREET
DESCRIPTION: REQ AN ADDITION OF 25' X 15' TO THE EXISTING BUILDING
APPLICANT: ALDI, INC., DBA"ALDI#75"
REQUESTED LICENSE OR ACTION ADDITION TO THE PRESENT CLASS "D" LIQUOR
LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: GROCERY STORE
THIS REQUEST DOES 0 DOES NOT(X) PERTAIN TO AN OUTSIDE AREA(S)
IF SIDEWALK CAFE: R-O-W-LEASE PERMITS OBTAINED
IF OUTSIDE: OUTSIDE AREA IS FEET FROM THE NEAREST RESIDENCE
THIS PROPERTY IS (X ) IS NOT ( ) WITHIN OMAHA'S CORPORATE LIMITS
(If not,do not proceed-Notify the City Clerk's Office and return this form)
ANNEXATION DATE: ORDINANCE NO. (Only if within last 24 months)
EXISTING ZONING: EXITING LAND USE:
ADJACENT LAND USE AND ZONING:
NORTH:
SOUTH:
EAST:
WEST:
PARKING STALLS PROVIDED:
EXISTING USE DOES( ) DOES NOT( )COMPLY WITH ZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S
MEN'S
DATE SUBJECT PROPERTY WAS POSTED:
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK:
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE:
(State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH
SCHOOL HOSPITAL HOME FOR THE AGED,INDIGENT
OR VETERANS COLLEGE OR UNIVERSITY
(Authorized Signature) (Date)
CitypMAHA,
ofOmaha, �e6�ds d A�°417,
1819 Farnam —Suite LC 1 z •' 1g.t Mirin' r L20
Omaha, Nebraska 681 83-01 1 2
Elizabeth Butler (402) 444-5550
City Clerk FAX (402) 444-5263 p 4w
'4tp FEBRV�
June 26,2018
Aldi, Inc. (Kansas) Application for an addition to the present
Dba"Aldi #75" Class "D" Liquor License location
3433 North 90th Street
Omaha,NE 68134
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 July 10, 2018 . 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 or his/her representative for any
type of license shall be personally present in the Council Chambers, in order that the Council may
make inquiries, on the date of public hearing of the application for said license". Failure to be
present at this Council Meeting is grounds to recommend denial of your application to the Nebraska
Liquor control Commission.
If you are making changes to the type of business or the type of activities that will be operated
on the new premises. Please complete and return the attached. Ordinance No. 37046, passed
June 7, 2005, requires each applicant to submit a written statement describing all types of business
or activities that will be operated on the premises in conjunction with the proposed license.
Attached is the Mandatory statement that must be signed and returned (hand deliver, mail or fax) to
the City Clerk's Office 7 days in advance of the public hearing.
Sincerely yours,
Elizabeth Butler
City Clerk
EB:clj
City of Omaha gsfebras&aO,oN1AHA/ .4+
1819 Farnam —Suite LC 1 z .' fir
Omaha, Nebraska 681 83-01 1 2 5
Elizabeth Butler (402) 444-5550 "
City Clerk FAX (402) 444-5263 ORTkD FEBRO4�
JUNE29, 2018 25 AAA c e—s
NOTICE OF REQUEST: To consider an APPLICATION FOR AN
ADDITION TO THE PRESENT CLASS "D" LIQUOR LICENSE LOCATION
which allows the sale of beer, wine and distilled spirits, off premises in the original
package only.
APPLICANT: ALDI, INC.
DBA ALDI #75
LOCATION: 3433 NORTH 90TH STREET
TO.ADD THE FOLLOWING:
AN AREA APPROX 25' X 15' TO THE EXISTING BUILDING
As an owner of property within 500 feet of the above referenced location, you are
being notified that the Omaha City Council will hold a meeting and public hearing
on this request on Tuesday, July 10, 2018 in the Legislative Chambers — Level
LC of the Omaha/Douglas Civic Center, 1819 Farnam Street, Omaha, Nebraska.
The meeting begins at 2:00 PM.
Anyone interested in the actions of the Omaha City Council should be in
attendance. To obtain additional information or to submit written testimony, please
contact Carman Johnson at 402-444-5324 or carman.iohnson(cr�,cityofomaha.orq.
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 ELIZABETH BUTLER, (402) 444-5557, IF ARRANGEMENTS NEED TO BE MADE.