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RES 2016-1229 - Addition of wine room to Minabella's
EMAILEDTONLCCJ `etwr "' Lei STATE OF NEBRASKA r► Pete Rickefts NEBRASKA LIQUOR CONTROL COMMISSION Governor l Hobert B.Rape u " Executive Director dr'eca ra%Or!_ 301 Centennial Mall South,5th Floor • P.O.Box 95046 Jul 25 201b Lincoln.Nebraska 68509-5046 y r Phone(402)471-2571 Fax(402)471-2814 or(402)471-2374 OMAHA CITY CLERK • TRS USER 800 8-R3-7352 CITY) web address:http://wwwicc.ne.gov/ 1819 FARNAM STREET LC-1 OMAHA NE 68183 Please present this•request to your board or council and send us a copy of their recommendation. If recommendation of denial or no recommendation is made the Commission has no alternative but to cease processing'this request. • ADDITION: LICENSE #: I-106347 LICENSEE: MINABELLA BEAUTY RESORT LLC TRADE NAME: MINABELLA'S ADDRESS: 364-368 N 114TH STREET CITY/COUNTY: OMAHA / DOUGLAS PREMISE PHONE: 402-707-4620 CONTACT PERSON: 402-707-4620 CURRENT DESCRIPTION: AREA.APPROX 16'X 26'KNOWN AS VIP AREA IN SINGLE STORY BLDG NEW DESCRIPTION: AREAAPPROX 16'X 26'KNOWN AS VIP AREA AND AREA APPROX 22'X 19' KNOW AS WINE ROOM IN SINGLE STORY BLDG c.e_-i /J 9 3o WJ APPROVED: X DENIED NO RECOMMENDATION • CLERKS SIGNATURE it471---- Randy Seybert Y E ; -5/-76 Licensing Division Nebraska Liquor Control Commission rs • Janice M.Wiebuech Robert Batt Bruce Bailey cc: file Commissioner Chairman Commissioner An Equal Opportunity Employer APPLICATION FOR ADDITION TO LIQUOR LICENSE Office Use RECEIVED NEB SI KAL UOR CONTROL L MALL SOUTH COMMISSION RECEIVED301 JULt 1 3 Z016 PO BOX 95046 LINCOLN,NE 68509-5046 JUL 2 5 2016 NEBRASKA 1-IQUOR PHONE:(402)471-2571 MSN FAX:(402)471-2814 Website: www.lcc.nebraska.gov NEBRASKA LIQUORCONTROL LIQU SI0 CONTROL COMMISSION Application: • Must include processing fee of$45.00 check made payable to the Nebraska Liquor Control Commission or you may pay online at www.ne.gov/go/NLCCnavnort • 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 —`sy � Must include simple hand drawn sketch 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 local 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# 1 0 Ej 3 4-1 CLASS TYPE LICENSEE NAME I4(1.(A bawl- tbEiettgy V ESOr(' _ TRADE NAME PREMISE ADDRESS 3 66 /N 1 14 ASjd CITY 0-yy1QhOL ZIP CODE 6 s /54 COUNTY CONTACT-PERSON M j NA' -..- - PHONE NUMBER OF CONTACT PERSON ii OZ 7 01 4-('Z EMAIL ADDRESS OF CONTACT PERSON - 'hinal FRB I @_,,t ci-uso. [trYY7 Kti:r.:Ak i S AYIO ' We ;.L �#1 ...r-.ems .._._.. , 1600014091 FORM 110 REV JULY 2015 Page 1 of 2 i t o 7 RECEIVED IR X JIJL 13 2.046 ; r., :, i. ,'.--I'::-01 r NEBRASKA LIQUOR ?. �"DD CONTROL COMM ISSION.t 07 . =t;J:-11,'-',, 11. ,:, .... ;illlllf Qa , 1 Si 1 4 j.J...1 ..-0_,; ...;: , 1;,..-j., 0\1\31i Pam_ 1. y- �}� 115 I . s ic I .« $' f4 7 -t 1'"34 , a... I >' _I 3_1 L.-1 _3 :+• I z z . ,i,....„,.. r-}( T"-I 1"1 r y iiiii - iii 10; . r 14 r,- a33 �xj ,-._.._ �� lam_ _t.J ati ' • { - , t o r.. L. t„ ',.'-41 ; i , , --, 77. It ' C 4 �..> ill t'; i 1 i it.'.-,1. '), Od- i ,- ,-...:I,, k• r--,--t:.I, I 1 t i I .. x r k-t x 11 8/1/2016 Douglas County Account Information Douglas County, Nebraska Property Record - R0130420012 ' __._._. Print Report Information is valid as of 2016-07-30 View Interactive GIS Map Treasurer's Tax Report New Feature -$ -+ .4 Subdivision Sales Search Owner 7911 CENTER LLC �— C/O THE LUND COMPANY 450 REGENCY PARKWAY#220 OMAHA NE 68114-0000 Property Information Key Number: 3042 0012 01 ( Account Type: Commercial Parcel Number: 0130420012 Parcel Address: 352 N 114 ST OMAHA NE 68154-0000 Legal Description: LANDS SEC-TWN-RGE 20-15-12 IRREG S 330 N 660 W 351 E 396 FT NE 1/4 NW 1/4 Value Information Land Improvement 1 Totall® � 2016 $1,326,400.00 $1,495,000.00 $2,821,400.00 2015 $1,326,400.00 $1,495,000.00 $2,821,400.00 2014 $1,326,400.00 i $1,207,500.00 $2,533,900.00 2013 $1,326,400.00 $1,207,500.00 $2,533,900.00 1 2012 $1,326,400.00 $1,207,500.00 $2,533,900.00 2011 _ $1,326,400.00 $1,207,500.00 $2,533,900.00 ales Information Sales Date: 1993-08-27 Deed Type: D Book: 11959 Page: 041 Price: $2,175,000.00 Grantor: Grantee: Valid/invalid: Valid Exclusion Reason: Show All Transactions Land Information Acres SF Units Depth Width Vacant 2.7 117902.0 1.0 0.0 0.0 No Land Attributes Attribute I Attribute Description http://douglascone.wgxtreme.com/java/wgx_doug lasne/static/accountinfo.jsp?accountno=R0130420012 1/3 8/1/2016 Douglas County Account Information Negative Intluence11= excess Land Improvement Information Building 1 ',11 t* ;� Neighborhood Shopping Center 2960' a : ayi��I+ 11 362 No lum sr. mm A `` k ( ��Ilil 3.6' 29.0'LY35' tl First For so 0 31674A St 1G60' 68.0•\. 5�g - ....__. 0'\_ 14°0.0 Cay nop of 28 0' MAY 2014 UOUGLAS COUNTY ASSE99OR CLICK TO ENLARGE IMAGE 1_ CLICK TO ENLARGE IMAGE J Square Footage: I 31674.0 Percent Complete: 100.0% Perimeter 1081 A Quality: Average Unit Type: Condition: Average Built As: Neighborhood Shopping Center Condo Square Footage: 0.0 HVAC: Package Unit 1 Rooms: 0.0 Exterior: Units: 15.0 _ ___.___Baths: 0.0 Interior: Bedrooms: 0.0 Roof Cover: Roof Type: Flat Stories: 1.0 Floorcover: Foundation: er ge: 0.0 Year Built Year Percent_ AdjSprinklustedYearSquare Foota Physical Age Remodeled Remodeled Built 1984 0 0% 1984 I 33 Detail Type Detail Description Units Add On Canopy 1600.0 Add On Canopy Bank Drive In 1400.0 Add On Light Mercury Wall Mount Flood _ w 24.0 Add On Paving Asphalt Park 65000.0 http//douglascone.wgxtreme.com/java/wgx_douglasne/static/accountinfo.jsp?accountno=R0130420012 2/3 8/1/2016 Douglas County Account Information 7— Richland Park Apartments z Huber Automotive ,, a W Dredge Frontage Rd [ F 1- I Cass Pima 4, 1, I as arbucks ', Grand China Buffet 1 The Heights Apartments c. I �. (v h:,-a c CrCr .ia 1 �t N lakeley Plaza ■ Cox Media 1 Hampton Inn 5 , Omaha/West Dodge... -� ,,za ; I Go e 14 Map data t 2016 Google To interact more fully with Google Maps and Street View go to this link Google. If you require a more exact property location, you may use the Interactive GIS Maps that are maintained by our office. http://douglascone.wgxtreme.com/Java/wgx_douglasne/static/accountinfo.jsp?accountno=R0130420012 3/3 1. What is being added? Explain the type of addition that is being requested,i.e. beer garden,adding to building \ 1NE [&06N 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 campus? n YES I !v NO If yes,provide name and address of such institution and where it is located in relation to the premises (Neb.Rev.Stat.53-177)(1). Must include supplemental Form 134 found at this link: httu://www.lcc.ne.aov/formsdiv.html If proposed location is with n 300'feet of a campus,filet om fission that'waivethis resit-talon— upon written approval from the governing body of the college or university.(Rev. Stat.53-177)(1). Must include supplemental Form 135 found at this link: http://www.lcc.ne.Sov/formsdiv.html 3. Include a sketch of the area to be added showing: I existing licensed area with length&width in feet ✓ area to be added with length &width in feet ✓ direction north 4. If adding an outdoor area explain: ✓ 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 permanent fence,wall or other barrier approved by the Commission and shall be in compliance with all building and fire,or other applicable local ordinances Rule Chapter 2-012.07 e I acknowledge under oath that the premises as added to comply in all respects with the requirements of the act. Neb Rev Stat§53-129 SUS/LIULL------ L `oi Licensee Or Officer r State of Nebraska County of )o.0 ja4) The foregoing instrument9." "Kt', � was acknowledged before me this ,' o2 O e1 O/(0 by /17,/I 4 r A Ke, 74/e t- Ddte name of person acknowledged(individual(s)signing document) Affix Seal I XENERAL Miff-mod 1 l TONYA P PUMA nyl v y�Q-0 9 *Comm.Exp.Amer,1.2011 Nota ublic signature / FORM 110 REV JULY 2015 Page 2 of 2 RECEIVED - BUSINESS PROPERTY LEASE This is a legally binding contract prepared on Willi of ing Owners and Managers Association of Omaha, inc., wine&iriinmias grotrbalpQbnsibility for its content. If not understood,seeklega►IIVV,cpypBiiIRASKA LIQUOR CONTROL�ttltl COMMISSION EDITING WARNING: Under Vj�( circumstances shall the BPL text be DELETED or REMOVED.from this document when making modifications. Deletions shall only be made by strikethrough of the text. Additions to the BPL text or additional provisions shall only be made with bold text. THiS LEASE is entered into this 1 day of Jam,2014 between j'4WE Plaza 352.LLC.a Nebraska limited liability oonmanv and 7911 Center.LLC.a Nebraska limited liability comoanv.Tenants in Common Landlord,and 111inabella Beauty Resort.LLC.a Nebraska limited liability company.dba Minabella Beauty Resort,Tenant 1. PREMISE_.Landlord leases to Tenant the real property located at,i64-368 N.114*Street.Omaha,NE 68154 in the property commonly known as 352 PVa the("Premises"),containing approximately 9.637 square feet of SalodDay Spa area as shown on Exhibit n^attached hereto and 586 square feet of Storage Area as defined in Section 26(c),on the following terms and conditions. 2. IEEM. This Lease shall be for a term of eighty-four(84)months,beginning on the earlier of the Ninety(90)days after Landlord's Delivery of the Premises;or Tenant opening for business approximately the Jgl day of Jgpg,?9j4 and ending on the al_day of May,au,unless terminated earlier as provided in this Lease.The term Landlord's Delivery of Premises shall mean that date when Landlord has delivered the Premises to Tenant for commencement of Tenant's Work. Landlord and Tenant shall execute a"Commencement Date Memorandum!',which Tenant shall execute and deliver to Landlord within seven(7)business days after its receipt,but Tenant's failure to do so will not reduce Tenant's obligations or Landlord's rights under this Lease. If for any reason the Premises is delivered to Tenant on any date before or after the term commencement date,rental for the period between the date of possession and the temp commencement date shall be adjusted on a pro rata basis. Such earlier ee-later taking of possession shall not change the termination date of this lease.This Lease shall not be void or voidable in the event of a late delivery by Landlord,nor shall Landlord be liable to Tenant for any resulting loss or damage. 3. USE OF PREMISES. The Premises are leased to Tenant,and are to be used by Tenant,for the purposes of p full service beauty salon anti day son including.but not limited to.hair,nails.tanning.skin care,waxing.make-un.massage and related salon and sea services and the retail sale of beauty related product'and for no other purpose. Tenant agrees to use the Premises in such a manner as to not interfere with the rights of other tenants in the Real Estate,to comply with all applicable governmental laws,ordinances,and regulations in connection with its use of the Premises,including without limitation all environmental laws,to keep the Premises in a clean and sanitary condition,and to use all reasonable precaution to prevent waste,damage,or injury to the Premises. 4. BUM (a) Base Rent. The total Base Rent under this Lease is Five Hundred Forty-seven Thousand Three Hundred Seventeen and 40/100 Dollars ($547317A0).Tenant agrees to pay rent to Landlord at do The Lund Company.450 Regency Parkway.Suite 220.Omaha.NE 68114-3764 or at any other place landlord may designate in writing,in lawful money of the United States,in monthly installments in advance,on the first day of each month without demand or invoice,as follows: For the period from June 1 , 2014 , to September 30 , 2014 $ 0.00 per month, For the period from October 1 2014 , to May 31 2015 , $ 6,424.67 per month. For the period from Jane 1 , 2015 , to May 31 , 2016 , $ 6553.16 per month. For the period from June 1 , 2016 , to May 31 , 2017 , $ 6,681.65 per month. For the period from June 1 , 2017 , to May 31 , 2018 $ 6,818.18 per month. For the period from June 1 , 2018 , to May 31 2019 , $ 6,954.70 per month. For the period from June 1 2019 , to May 31 , 2020 , $ 7,091.23 per month. For the period from June 1 , 2020 , to May 31 , 2021 $ 7,227.75 per month. (b) Operating Expenses. in addition to the Base Rent,commencing June 1,2014,Tenant shall pay a pro rata share of operating expenses of the real estate of which the Premises are part,parking areas,and grounds("Real Estate"). "Operating Expenses"shall mean all costs of maintaining and operating the Real Estate,including but not limited to all taxes and special assessments levied upon the Real Estate,fixtures,and personal plupeny used by Landlord at the Real Estate,all insurance costs,all costs of labor,material and supplies for maintenance,repair,replacement,and operation of the Real Estate,including but not limited to line painting,lighting,snow removal,landscaping,cleaning,roof repairs,depreciation of machinery and equipment used in such maintenance,repair and replacement,and management costs, including Real Estate superintendents. Operating Expenses shall not include property additions and improvements to the Real Estate which by generally accepted accounting practice are treated as capital items,alterations made for specific tenants,depreciation of the Real Estate, debt service on long-tents debt or income taxes paid by Landlord. "Tenant's pro rota share"shall mean the percentage determined by dividing the square feet of the Premises as shown in Paragraph 1,by 2LOjil square feet(9,637/31,057=31.03%).Landlord may,from time to time,by the acquisition of adjacent property,reconfiguration of existing property,or building of new facilities,change the square footage of the total shopping center,which may result in a change in Tenant's prorate share. Tenant's pro rata share of 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 pay Three Thousand Four Hundred Thirteen and 10/100 Dollars($3A13,1Q)per month,on the first of each month in advance with rent for Tenant's estimated pm rata share of the Operating Expenses. Landlord may change this amount at any time upon written notice to Tenant.At 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 Tenant's pro rats share of the Operating Expenses for the year exceeded the amount of the estimated Operating Expenses paid by Tenant shall be paid by Tenant to Landlord within thirty(30)days after Tenant's receipt of 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. If Tenant's payments of estimated Operating Expenses exceed the amount due Landlord for that calendar year,Landlord shall,at its option, provided Tenant is not then in default under this Lease,apply the excess as a credit against Tenant's other obligations under this Lease or promptly refund such excess to Tenant if the term of this Lease has already expired,in either case without interest to Tenant. (c) Payment of Rent.Tenant agrees to pay the Base Rent as and when due,together with Tenants share of the Operating Expenses and all other amounts required to be paid by Tenant under this Lease. In the event of nonpayment of 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 Tenant fails to pay the Base Rent together with Tenant's share of the Operating Expenses and all other amounts required to be paid by Tenant under this Lease,on or before the fifth day after such payments are due,Tenant agrees to pay Landlord a late charge of$250.00. (e) Security Deposit. As partial consideration for the execution of this Lease,Tenant has delivered to Landlord for Landlord's use and possession the sum of$9.837.77 as a Security Deposit. The Security Deposit will be returned to Tenant at the expiration of this Lease if Tenant has fully complied with all covenants and conditions of this Lease. 5. SERVICES. Landlord shall furnish 1YQja to the Premises during norm'' ' —'may deem necessary or desirable,in the manner customary to the Real Estate. Landlord shall have the rich tent is not promptly paid by Tenant. landlord shall not be liable for damages,nor shall the rental ny service when failure to furnish,or delay in furnishing,is occasioned in whole or in part by neer111111111111111111 e or labor controversy,or by any accident or casualty whatsoever,or by any unauthorized act or deft of causes Page 1 of 9 1600014094 ester Bodkins Owners ant Manage"/monition otOmaha.Inc .Ropey Iwo W Vowm,y Maapaal Luce Hiollom I Addendum Wodmµ 1bl372 PIaa1Mmabdl.W iw&Iln Aol P....",N Copy I2010.doc Lund Bey.09-2010 • RECEIVED beyond the control of Landlord. Upon Landlord's Delivery of the Premises of the Premises,Tenant shall transfer the utilities into Teppintl ntione funant shall pay directly to the service provider when due,all water,gas,electricity,and sewer use fees,incurred at or chargeable to the Premis2a"C-�[1Qe7 C�U[��0 6. ASSIGNMENT OR SUBLEASE. Tenant shall not assign this Lease or sublet the whole or any part of the e BR sfel`thi97 9R operation of law or otherwise,or permit any other person except agents and employees of Tenant to occupy the Premises,GehltiTrtROL,0611.4 OA elp ION written consent of Landlord,which consent may be withheld or conditioned in Landlord's sole discretion. Landlord may charge a seasonable fee to process an consider a request,and may consider any factor it deems relevant in determining whether to withhold consent including,but not limited to,the following: (a) financial responsibility of the new tenant,(b)identity and business character of the new tenant,(c)nature and legality of the proposed use of the Premises. Landlord shall have the right to assign its interest under this Lease or the rent hereunder. Tenant shall,with any request for Landlord's consent on an assignment or sublease,pay to Landlord a fee in the stun of Five Hundred and no/100 Dollars($500.00)for review and processing of suds request and Landlord shall not be obligated to review such request prior to Landlord's receipt of such fee. 7. TENANTS IMPROVEMENTS. Tenant shall have the right to place partitions and fixtures and make improvements or other alterations in the interior of the Premises at its own expense and in accordance with Tenant Managed Construction Rules and Regulations as outlined on Exhibit'B". Prior to commencing any such work,Tenant shall first obtain the written consent of Landlord for the proposed work. Landlord may,as a condition to its consent, require that the work be done by Landlord's own employees 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.Upon completion of any and all improvements, Tenant shall be required to obtain and submit to Landlord Final lien waivers from all General Contractors,Sub-contractors and material suppliers. Tenant agrees at Tenant's expense to obtain or maintain or cause its contractor to obtain or maintain public liability insurance in the amounts set forth in Paragraph 14 of the Lease and workmen's compensation insurance adequate to fully protect Landlord as well as Tenant from and against any and all liability for death or for injury to persons or property caused in or about or by reason of the construction of Tenant's work. 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 Landlord. Tenant mayremove 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. 8. REPAIRS.Landlord agrees to maintain in good condition,and repair as necessary the foundations,exterior walls and the roof of the Premises. Tenant agrees that it will make,at its own cost and expense,all maintenance,repairs and replacements to the Premises not required to be made by Landlord,including,but not limited to,all interior and exterior doors,door frames,windows,plate glass,and the heating,air conditioning,plumbing and electrical systems servicing the Premises.Tenant agrees to do all redecorating,remodeling,alterations,and painting required by it during the term of the Lease at its own cost and expense,to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant,and to maintain the Premises in a 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,Tenant,or other tenants to the Premises or the Real Estate. 9. CONDITION OF PREMISES. Except as provided herein,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 manner of operating the Real Estate,or the making of any repairs to the Premises. By taking possession of the Premises,Tenant acknowledges that the Premises were in good and setisfactory 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 area surrender the Premises to Landlord in as good condition as when Tenant took possession,normal wear excepted. 10. PERSONAL PROPERTY AT RISK OF TENANT. 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 any reason whatsoever,including,without limitation, fire,theft,steam,electricity,sewage,gas or odors,or from water,rain,or snow which may leak into,issue or flow into the Premises from any part of the Real Estate,or from any other place,or for any damage done to Tenant's property in moving same to or from the Real Estate or the Premises. Tenant shall give Landlord,or its agents,prompt written notice of any damage to or defects in water pipes,gas or warming or cooling apparatus in the Premises. 11. LANDLORD'S jaagalailfilin. Without notice to Tenant,without liability to Tenant for damage or injury to property,person,or business,and without effecting an eviction of Tenant or a disturbance of Tenant's use or possession or giving rise to any claim for set off or abatement of rent, Landlord shall have the right to: (a) Change the name or street address of the Real Estate. (b) install and maintain signs on the Real Estate. - (c) Have access to all mail chutes according to the rules of the United States Post Office Department. (d) 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,the Real Estate,or part thereof,and any adjacent Real Estate,land,street,or alley,and during such operations to take into and through the Premises or any part of the Real Estate all materials required,and to temporarily close or suspend operation of entrances,doers,corridors,elevators,or other facilities to do so. (e) Possess passkeys to the Premises. (t) Show the Premises to prospective tenants at reasonable times. (g) Take any and all reasonable measures,including inspections or the making of repairs,alterations,and additions and improvements to the Premises or to the Real Estate,which Landlord deems necessary or desirable for the safety,protection,operation,or preservation of the Premises or the Real Estate. (h) Approve all sources furnishing signs,painting,and/or lettering to the Premises,and approve all signs on the Premises prior to installation thereof,which approval may be withheld or conditioned in Landlord's sole discretion. (i) Establish rules and regulations for the safety, care, order, operation, appearance,and cleanliness of the Real Estate and to make modifications thereto. 12. INSURANCE, 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 Real Estate or increase the risks covered by insurance on the Real Estate 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,Landlord shall have the right to terminate this Lease or,at Landlord's option,to charge Tenant for extra insurance premiums required on the Real Estate 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. 13. INQMEM. 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 attorneys 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 otters of any governmental authority;or(c)any accident,death,or personal injury,or damage to,or loss ortheft of property which shall occur on or about the Premises,or the Real Estate,except as the same may be the result of the negligence of Landlord,its employees,or agents. 14. LABILITY INSURANCE. 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 NWE Plaza 352.LLC.a Nebraska IhmitetlJiabiBly cormanv and2911 Center.LLC.a Nebraska limited liability company and Landlord's managing agent(The Lund Company)as additional Insureds and shall provide coverage in a combined single limit per occurrence of at least)2.000.000 for claims,demands or actions for bodily injury,death or property damage made by or on behalf of any person or persons,firm or corporation 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 Real Estate by Tenant.All such insurance shall provide that Landlord shall be given a minimum of ten(10)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. Page 2 of 9 e 1001 Building owners end M.,ager.A..ocw1 of Omaha,Inc. Beams r ap,ny Len.. W:1lhopeny Mammanenl Leas rvlull.ea,n a Addendum.Working F11.352 nirealMabelle Massie Fie,l E.a,,We Cupy 120uu.doe Lund Bev.0p-2010 RECEIVED •t 15. DAMAGE BY FIRE OR OTHER CASUALyY. If,during the teen of this Lease,the Premises shall be so damagi:ry f&e 3r a tiler cause except Tenant's negligent or intentional act so as to render the Premises antenantable,the rent shall be abated while the Premises remain unnttteenaantaahlee;;and in the ev(60) of such damage,Laag shallthe electn Landlord whether torepairthe Premises or tom cancels, this kaor and shall notify TOO` be r MM'b!f ty (60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall beginAJn�so and a t unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be deemed canceled as of ere.© 'l not extend the Lease term. 16. CONDEMNATION. 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 tent 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 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. 17. DEFAULT OR BREAQj.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 hereunder, (b) If Tenant vacates or abandons the Premises; (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 art 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 prup,ty of Tenant,and such proceedings shall not be dismissed or the receivership or trusteeship vacated within thirty(30)days after the institution or appointment;or (e) If Tenant fails to perform or comply with any other term or condition of this Lease,or any of the rules and regulations established by Landlord, and if such nonperformance shall continue for a period'of ten(10)days after notice thereof by Landlord to Tenant,time being of the essence. 18. Jr'FECT OF DEFAULT. 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 exert 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 atom 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 coat 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 fair market rental value of the Premises for the balance of the Lease term as though the Lease had not been terminated 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 repaiis 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 tam,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, Landlord shall pay such excess to Tenant,but only to the extent Tenant has actually made payment pursuant to this sub-paragraph. 19. SURRENDER-HOLDING Off. 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 rent shall be two times the monthly rent specified in the lease immediately before termination. 20. SUBORDINATION AND ATTORNMENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in lien and effect to this Lease. This Ins.. and all rights of Tenant hereunder,shall,at the option of Landlord,be subject and subordinate to any liens and encumbrances now or hereafter imposed by Landlord upon the Premises or the 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 attom to the purchaser at the foreclosure sale and recognize such purchaser as the Landlord under this Lease. The purchaser,by virtue of such foreclosure,shall be deemed to have assumed,as substitute Landlord,the terms and conditions of this Lease until the resale or other disposition of its interest. Such assumption,however,shall not be deemed in acknowledgment by the purchaser of the validity of any then existing claims of Tenant against the prior Landlord. Tenant agrees to execute and deliver such further assurances and other documents,including a new lease upon the same terms and conditions contained herein,confirming the foregoing,as such purchaser may reasonably request. Tenant waives any right of election to terminate this Lease because of any such foreclosure proceedings. 21. NOTICES. Any notice or demands given hereunder shall be in writing and personally delivered or sent by first class mail postage prepaid to Landlord at do The Lund Comoamv.450 Remeacv Parkway.Suite 220.Omaha.NE 68114.3764 and also to Tenant at S66 N.114a Street.Omaha.NE 68154 or at such other address as either party may from time to time designate in writing. Each such notice shall be deemed to have been given at the time it shall be personally delivered to such address or deposited in the United States mail in the manner prescribed herein. 22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act(ADA)and all similar laws and regulations within the Premises,including the removal of barriers which do not necessitate the removal or modification of load-bearing walls. 23. SUBSTITUTION OF OTHER PREMISES. Landlord may upon thirty days notice to Tenant substitute for the Premises other premises in the Real Estate(the"New Premises"),provided that the New Premises shall be reasonably usable for Tenant's business hereunder;and,if Tenant is already in occupancy of the Premises,then in addition Landlord shall pay the reasonable expenses of moving Tenant from the Premises to the New Premises and for improving the New Premises so that they are substantially similar to the Premises. 24. MISCELLANEOUS. (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 permitted 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 of 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. Page 3 of 9 e or a,iulns Menem and Unman.Am,l.mm o ernmaha.Inc. n WW ,e:Vt „tyM.,q,m,,Le RWVa.n&Addendum Working SWAMPIv4U/in,bSl,Nliu6,ll.PoWi use Copy 110144w Swine. Lease Lund Rev.092010 • (k) Exclusive Use:Provided that Tenant has complied with all the terms and conditions of this Lease and is not other�'st'c V (o Lease, Landlord will not lease to any other Tenant whose primary business is$gfon/Dav Seta during Tenant's lease term,or any extensi® GvE (I) Sales Reports: Within twenty(20)days after the end of each calendar month,Tenant shall submit to Landlord a copy of State of Nebraska Form 10 statement to verify Gross Sales figures of Tenant Tenant will be charged a 850.00 fine for late Sales Report for that month of}vh'ich et S*%eport is not received. In the event of a discrepancy,a third party,to be mutually agreed upon by Landlord and Tenant,shall be appointed ldet nlllne actual sales figures. If the actual Gross Sales figures are different from those submitted by Tenant,an adjustment shall be made accordingly. If willful nthstell discrepancies are discovered by this audit,Landlord may terminate this Lease and the cost of the audit charged to Tenant,up¢�tity iertant,$p N opportunity to explain the discrepancies. ^^PP^^VV��7ROL COMM. tS't0 (m) Gross Sales: Gross Sales shall mean the amount of money received by Tenant from the sale of goods or CAN shade on or from th Premises, including orders made or fulfilled from the Premises(herein"Gross Sales"). Gross Sales shall not include: i. goods or services which result in a refund; ii. allowances actually made for merchandise or services claimed by customers to be defective or unsatisfactory; iii. the amount imposed pursuant to law or by any federal,state,municipal or other government authority upon the sale of merchandise or performance of services and which are payable by the customers and computed separately from the regular price or charge for such merchandise or services,and; iv. wholesale sales and sales for resale; v. non-profit sales; vi. overrings. (n) Signage:Prior to installing any sign on the exterior of the Premises(including the suite entrance door),Tenant must submit to Landlord for Landlord's review and written approval(which will not be unreasonably withheld)a rendering from a licensed sign contractor which clearly indicates the size, color,type,location and manner of installation of said signage. Tenant shall install their sign no later than sixty(60)days after lease execution. All costs associated with said signage shall be borne by Tenant. Attached to this lease as Exhibit i1="'is a copy of Landlord's sign criteria. Tenant shall be required to keep the sign adequately illuminated continuously from dusk until 10:00 p.m.,to perform routine maintenance,to maintain signage in a safe,clean and working condition,free from debris/obstructions including,but not limited to,bird and wasp nests,snow and ice;Tenant shall bear any and all costs associated with the routine maintenance,repair and relamping of Tenant's signage. Tenant shall not cover the Premises,storefront glass,building exterior or roof with marketing materials,install,paint,or otherwise create other advertising signage such as banners,window signage(including neon and/or flashing signs and lights),window painting,yard signs,billboards,etc.or place any signs on the Property including the sidewalks,without the prior written approval of landlord. Upon termination of this Lease,Tenant shall remove all signs from the Premises,repair and restore the Premises to its former condition,at Tenant's expense. Failure by Tenant to comply with any of the terms contained herein shall constitute a default and/or breach of this Lease subject to the rights and remedies available to Landlord,including Landlord's right to perform said maintenance and repairs on behalf of Tenant at Tenant's cost and expense. (o) Parking:Tenant's employees shall park their vehicles only in those portions of the parking areas designated by Landlord. Tenant agrees to direct its employees to park in the designated parking area as needed so not to unduly burden the parking in front of the premises. Landlord reserves the right to change the designated parking area from time to time. Attached to this lease is Exhibit"'"which is a site plan that shows the initial area of Tenant employee parking.In addition to employee parking areas to be used In common with the neighboring tenants,Landlord shall designate approximately nine(9) parking stalls for Tenant's exclusive use prior to Tenant opening for business.Said location shall be at Landlord's discretion;Tenant shall be responsible for the cost associated with labeling of Tenant's designated spaces. (p). Alternative Telecommunication Service Provider: In the event that Tenant wishes to utilize services of an alternative telecommunication service provider rather than the telecommunication service provider(s)which is(are)servicing the building as of the date of lease execution,no such alternative service provider(s)shall be permitted to provide service to Tenant or to install its lines or other equipment within the building or across the Real Estate without obtaining the prior written consent of Landlord. Landlord's consent may be withheld in Landlord's sole and absolute discretion. (q) Telecommunication System Installation/Removal: Tenant(and Tenant's telecooununicationns service provider(s))shall have no right to install and/or operate telecommunications systems in any area of the Building or Real Estate other than the Premises,without the prior written consent of Landlord. Landlord's consent can be withheld in Landlord's sole and absolute discretion. Upon the termination or expiration of the lease,unless Landlord has provided written consent to the contrary,Tenant shall immediately remove all of Tenant's telecommunications systems,and repair any damage caused by the removal(to Landlord's reasonable satisfaction). (r) Notice To Investigation And Claims: If,during the lease term,or any extensions thereof,Tenant becomes aware of(a)any actual or threatened release of any hazardous material on,under,or about the Premises or Building or(b)any inquiry,investigation,proceedings,or claim by any government agency, or other person regarding the presence of Hazardous material on,under,or about the Premises or Building,Tenant shall give Landlord written notice of the release or investigation within five(5)days after learning of it and shall simultaneously furnish to Landlord copies of any claims,notices of violation,reports,or other writings received by Tenant that concern the release or investigation. Landlord may then,at its sole option,inspect assess,remediate and abate the Hazardous Material in the Premises as it sees to it in its sole discretion. All costs,charges and expenses for same shall be borne by Tenant (a) Tenant Maintenance Requirement Concerning Mold: Tenant agrees to maintain the Premises in a manner that prevents the occurrence of an infestation of mold,mildew,microbial growths and any associated mycotoxins in the Premises. Tenant must properly maintain the Premises to reduce the likelihood of any mold growth or proliferation. Tenant must keep the Premises clean and immediately fix and abate any leaks or moisture which fosters mold growth,caused by any equipment,plumbing fixtures or other items under its control. Tenant must report within forty-eight(48)hours the following to Landlord: i. Any non-working fan,heater,air conditioner or ventilation system; ii. Plumbing leaks,drips,sweating pipes,wet spots; iii. Overflows from bathroom,kitchen,or other facilities,including but not limited to tubs,showers,shower enclosures,toilets,sinks,kitchen appliances or other receptacles of water,especially in cases where the overflow may have permeated walls,floors,ceilings or fixtures; iv. Water intrusion of any kind; v. Any mold or black or brown spots or moisture on surfaces inside the Premises; vi. Broken plumbing systems or standing water near structures; vu. Any discovery of adverse health conditions or symptoms related to mold growth at the Premises; viii. Any discovery of allergies,predisposition to or heightened risk of adverse health reactions or hypersensitivity,to mold growth at the Premises;and ix. Any odors consistent with mold growth. (t) Right to Terminate:Landlord shall have the right to terminate this Lease at the end of any calendar month by giving Tenant written notice at least six months before the date of Landlord's intention to remodel,remove or demolish the Premises,or to sell,or make a ground lease of the land thereunder. Any additional provisions of this Lease shall be in writing and attached as an addendum hereto. Signatures on following page. Page 5 of 9 e 2001 aWldins Owners rid Managers Ac iauw ornmW.Inc. - amineu Prepay lase W:Wrapul,Managenae mart Rkcllenn a Addendum Waddns RkN32 P4a%MeinaSdWAeuasela anal a,vsl de Carry 1.20I4.doe Lund Rer,09-2010 RECEIVED Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord. co: 7 n S IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above written. NEBRASKA LIQUOR CONTRL �#grON LANDLORD: NWE Plaza 352, LL , s e liability company,and 7911 Center LLC,a Nebraska limited liability compare 410.4740, ...144(#/(7/1/4:1:4)4-11‘. BY: Wi PRINT/TYPE NAME/TITLE: John F. Manager DATE: //7e TENANT: Minabella Beauty Resort,LLC,a Nebraska limited liability company, ba Minabella Beauty Resort BY: gifi 4 1.18_TainiA Witness PRINT/TYPE NAMERITLE: Mina Diep•Kreider,Managing Member ei )JJ DATE: I I 1 I �1�J 1 0 PERSONAL GUARANTEE The undersigned hereby absolutely and unconditionally guarantee unto Landlord the payment of the rent and the performance of all of the covenants under the Lease and all renewals and extensions thereof between NWE Plaza 352,LLC,a Nebraska limited liability company,and 7911 Center,LLC,a Nebraska limited liability company(Landlord)and Minabella Beauty Resort,LLC,a Nebraska limited liability company,dba Mtmbella Beauty Resort (Tenant)for the premises located at 366 N.114e Street,Omaha,NE 68154 and hereby waive notice of any default under the Lease and agree that this liability shall not be released or affected by an extension of time for payment,by any foebdarance by Landlord,or by any assignment or modification of this lease. Dated this 01 day of. j MA/ ,20)4. BY: i ,.,so. By Mina Diep-Kreider,an individual Chad Kreider,an individual Name Name 4926 CopperbilDrive 4926 Copperbl11Drive Home Address Home Address Bellevue,NE 68157 Bellevue,NE 68157 City,State,Zip City,State,Zip Page 6 of 9 02001 auilJloy nvavla and Manager.Aaonmbn ofOmaha Ism 0lumeaa WAINapwy Maardemal Lae Flea Loam&Addedum>WMuns FRAM PWaVAna2.telM adl>Rae/a,, 2 RopxlY Lease I.301e.dm Lund Rev.094010 RECEIVED „A52 �EXHIBIT 3 JUL 13 2 ,; • 352-384NORTH 1I4ih STREET NEBRA LIQUOR • CONTROLSKA COMMISSION --,'''..r-,\\\\ \-- \ \,,,,, \\\ I \\,\.\\, \\,,,,,,..-,\\:::,,,,,,, '�,' 'r';j 3To 13Yd 314 376 3T8 f-, ::::\-\i,„: \\,'", \\-‘ 'N\N,,, ,'''.:','':,\,..."—. ..-73,. .-.,1:: .,-.1..1.41,,,-1 '.,,,''.''.'1 L. ., , : . \ a . _ • 1,ra T K, 3 *!H. r e3rx 1 - t.._3 i ,, '? �. GAtwMa r rAt r. 9 ` LEGEND J II Tenant/Empbyee Paring 352 Customer Reserved Parking 360Customer Reserved Parking El 362 Customer Reserved Parking PRElWII5f5 • 3643E6 C usto mer Reserved Parking 0 370/372 Customer Reserved Parking or STORAGE • Page 7 ©2001 Building Owners and Managers Association of Omaha,Inc. Business Property Lease W:WropenY Manegemem Lease FiIn\Le sea&Addendum.Working•Fika\352 Pon\Minahe14V.7innBnIla Final E�ieco able Copy 1.5014.doo Lund Rev.II-14-21105 EXHIBIT"B" RECEIVED PROPERTY RULES AND REGULATIONS J U l 1 3 2016 A. The entrances,corridors,passages,and stairways shall be under the exclusive control of Landlord and shall not be obstructed,or used by Tenant for any other purpose than ingress and egress to and from the Premises;and Landlord shall have the right to cricitEBRAsrarlOrtilOurM2r the Building at all times. CONTROL COMMiSS:ON B. Tenant,shall not place nor permit to be placed any signs,advertisements or notices in or upon any part of the Building,and shall not place merchandise or show-cases in front of the Building,without Landlord's written consent,which consent may be withheld or conditioned in Landlord's sole discretion.. In addition,Tenant shall not place any handbills,bumper stickers,or other advertising devices,including vehicles used for billboard purposes,on any vehicle parked in the parking area of the property,. C. Tenant shall not put up nor operate any engine,boiler,dynamo,or machinery of any kind,nor carry on any mechanical business in said Premises nor place any explosives therein,nor use any kerosene or oils or burning fluids in the Premises without first obtaining the written consent of Landlord. D. if Tenant desires telegraphic or telephonic connections,Landlord will direct the electricians as to where and how the wires are to be introduced,and without such written directions no boring or cutting for wires will be permitted. E. Landlord shall have the right to exclude or eject from the Building,animals of every kind,except guide dogs,and all canvassers and other persons who conduct themselves in such a manner as to be,in the judgment of Landlord,an annoyance to the tenants or a detriment to the Building. F. No additional locks shall be placed upon any doors of the Premises without first obtaining the written consent of Landlord and Tenant will not permit any duplicate keys to be made. If more than two keys for any door are desired,the additional number shall be paid for by Tenant. Upon termination of this lease Tenant shall surrender all keys of said Premises and of the Building,and shall give to Landlord the combination of all locks on any vaults and safes, G. Tenant shall not allow any curtains,filing cases nor other articles to be placed against or near the glass in the partitions between the Premises,without first obtaining the written consent of Landlord. H. Landlord shall have the right to make such other and further reasonable rules and regulations as,in the judgment of Landlord,may from time to time be needed for the safety,care and cleanliness and general appearance of the Premises and for the preservation of good order therein. I. Smoking is prohibited in all areas of the Building,including the Premises,except that Landlord may,in its sole discretion,designate one or more areas outside the Building where smoking may be permitted.Tenant shall direct its employees to smoke at the rear of the building. J. No weapons shall be permitted on the property,including but not limited to handguns possessed by individuals with concealed weapons permits. Except for law enforcement individuals acting in their official capacities,this prohibition applies to all persons including,but not limited to employees, contractors and visitors within the building,the parking area and the leased premises. TENANT MANAGED CONSTRUCTION RULES AND REGULATIONS • In order that tenant-managed construction is performed in a high quality,safe manner and to ensure that the integrity of the building systems and structural components are maintained,and the rights of other tenants are preserved,the following are general rules and requirements for all tenant-managed construction projects in the Building. A. Tenant must submit construction drawings(plans and specifications)to Landlord(or Landlord's property manager)for approval a minimum of two(2)weeks prior to commencement of the project. B. All space plans and construction drawings must be approved in writing by Landlord(or Landlord's property manager)in writing prior to commencement of any construction. C. Landlord reserves the right to restrict the life safety design(sprinkler and fue alarm systems)to its approved design engineers and or contractors. D. Landlord reserves the right to restrict subcontractor selection for any trade performing work in the building. A pie-qualification system must be submitted to Landlord(or Landlord's property manager)for subcontractors who have not performed work at the property site within the last two(2) years or have not completed jobs of comparable size and dollar value. E. The contractor shall complete work without disruption from labor disputes and in harmony with other trades and union affiliations. F. Tenant must submit to Landlord(or Landlord's property manager)the following items prior to the commencement of the project: • Name of the general contractor/construction management firm; • Subcontractor list for approval; • Certificates of Insurance from general contractor and subcontractor(s)in compliance with insurance requirements of the Lease, Tenant,Landlord and Landlord's Property Manager must be named additionally insureds; • Copies of all required permits; • Construction schedule; • Project Directory to include name of firm,address,contact,and normal and emergency telephone numbers. G. Tenant must schedule a project meeting with the property manager one(l)week prior to commencement of the project Weekly or bi- weekly project meetings are required for major construction projects. Landlord's construction coordinator may attend meetings as deemed necessary.The construction coordinator must receive a copy of the minutes on a weekly or bi-weekly basis. H. Independent air balancing is required before the project is completed. I. Testing of the sprinkler system and fire protection devices is required one(I)week prior to completion of the project and proof of such testing and certifications shall be delivered to the property manager. J. All contractor work shall be performed in accordance with applicable laws and Landlord's rules and regulations for such work as well as Landlord's rules and regulations for the building and grounds. IC Tenant's work shall he performed in such a manner and at such times as required so as not to disrupt the operation of the building and the normal operation of other tenants of the building. This shall include but not be limited to noise,vibration,odors,dust,obstruction of the common areas,use of elevators for movement of materials,etc. L All finishing work involving materials that emit offensive odors shall be performed during non-business hours in such a manner that any odors are evacuated from the building prior to normal business hours or at an off-site location. Tenant shall coordinate any such work with Landlord's property manager. Page 8 ©2001 Building Owners and Managers Association of Omaha,Inc. Business Property Lease W:1Pmperry Management lease FIWUeeses Sr Addendum Working FileA352 Plua\Minabella\MinaBella Pinar Baenaable Copy 1.2014.doc Lund Rev.I I-14-2005 • EXHIBIT"C" RECEIVED TENANT SIGNAGE JUL 1 3 n'q EXTERIOR SIGN SPECIFICATIONS NEBRASKA LIQUOR 1. Signs shall be store and business name identification signs only. Placement of sieelow lJ}g(310 684 lNd's consent and discretion. Sign copy shall be limited to the proper business name of the tenant. 2. Signs must be approved by the Landlord before manufacturing is begun or permits are executed. 3. Signs shall consist of individually illuminated channel letters with Plexiglas faces and mounted to low profile raceways. Raceways shall be 15'in length and painted to match the building facade. 4. The sign must not exceed 80%of bay width. Signs must not exceed 30"in height. If text is stacked due to restricted length, each line of text must be no less than 12"in height with overall signage height not to exceed 36". 5. All signs shall be centered horizontally on allocated sign area;mounted over power source. 6. All letters shall be illuminated using LED illumination. The face color must be approved by the Landlord. 7. Corporate logo's shall be allowed at Landlord's discretion and shall remain within the sign requirements. 8. Revisions to,or deviations from,these specifications and conditions,including re-allocation or relocation of assigned sign area shall be at Landlord's discretion. 9. All signs must be UL Listed. to. The following signs shall not be allowed:flashing or strobing signs;can or box signs;and,no exposed skeleton neon signs. SIGN MANUFACTURING REQUIREMENTS I. Only Landlord approved vendors shall be allowed to manufacture and install exterior signage. 2. Individual illuminated channel letters shall be constructed out of aluminum with 5"returns and Ws"weep holes in the bottom of each letter. 3. Plexiglas faces shall be 3/16"thick;trim cap to be 1"wide and all colors shall approved by Landlord. 4. Each channel letter and transformers to be wired behind the mounting surface. 5. Midpoint grounded installations shall NOT be acceptable. 6. All transformers must comply with NEC Article 600-23 and UL's 2161 specification per the City of Omaha's electrical code. These transformers are also known as Ground Fault Protected Transformers. SUBMITTALS AND APPROVAL 1. Approval of sign drawings for Tenant's premises does not constitute approval of manufacturing and installation. Landlord's written approval of Tenant's proposed sign drawings is required. 2. Tenant shall submit drawings and specifications for all proposed sign work. Two(2)sets of drawings shall be submitted to Landlord. The drawings shall clearly show proposed graphics,logos,colors and position of sign on the building elevation. 3. Landlord shall return one (1) set of the sign drawings to the Tenant marked "Approved", "Approved as Noted", or "Disapproved". Drawings marked"Approved"or"Approved as Noted"and returned to Tenant shall be needed to obtain a sign permit from the city. The city will not approve the sign permit without a drawing marked with Landlord's approval. Drawings that have been marked as"Disapproved"are to be redesigned and resubmitted to the Landlord for approval. The Landlord will retain one(1)set of drawings. 4. No signage shall be manufactured or installed until the Landlord,with the"Approved or Approved as Noted",has returned the drawings. 5. All permits shall be submitted and signed by the Landlord prior to being sent to the City of Omaha. Subject to change. Page 9 ®2001 Building Owners and Managers Association of Omaha,Inc. BusinC88 Property Lea3e W:1Propmty Management true Files1Leaaes&Addendum Working Fka1352 PlazaMinabella\MinsBelts Final Executable Copy 1.2014.doc Lund Rev.11-14-2005 PLANNING DEPARTMENT REPORT DATE: AUGUST 1, 2016 DUE DATE: AUGUST 11,2016 CITY COUNCIL HRG AUGUST 23,2016 LOCATION: 364-368 NORTH 114TH STREET CURRENT LICENSED PREMISE: LANDS SEC-TWN-RGE 20-15-12 IRREG,ETC APPLICANT: MINABELLA BEAUTY RESORT, LLC, DBA"MINNABELLA" REQUESTED LICENSE OR ACTION ADDING CATERING LIQUOR LICENSE TO THEIR PRESENT CLASS "I" LIQUOR LICENSE LOCATION NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BEAUTY SALOON THIS REQUEST DOES O DOES NOT(X) PERTAIN TO AN OUTSIDE AREA 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) (Except Class D-1 Package Liquor License) ANNEXATION DATE: ORDINANCE NO. tt (Only if within last 24 months) EXISTING ZONING: EXITING LAND USE: 1 V P f7 I N GG aT6-2 ADJACENT LAND USE AND ZONING: RGS re II 2 A!V NORTH: SOUTH: G P>M M 6-r2 CA A L-._ �L EAST: G V^4'`') 6R2GI Po L G, C— WEST: F- r---1 G 6 e, PARKING STALLS PROVIDED: C t t N C N'I"6-2 EXISTING USE DOES(y)/ DOES NOT( )COMPLY WITH ZONING REGULATIONS PLUMBING FIXTURES PROVIDED: WOMEN'S STo 0 L s MEN'S S�D b DATE SUBJECT PROPERTY WAS POSTED: e - It. ' t (Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY PARK: DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE:1[1d E6eil 4 A/fDt7'S (State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH 6 le-- SCHOOL IL HOSPITAL K HOME FOR THE AGED,IN IGENT OR VETERANS COLLEGE OR UNIVERSITY a -�J 0$" (Authorized Signature) / (Date) 1 i '•' f `x' ' z = RECEIVED l= 3--_. JUL 13 2a'S id NEBRASKA LIQUOR COD � t� CONTROL COMMISS1OI i Al 4 11l1 • Al , 1.7 . T -- \ • fz - - - - P 3 f I O O `t ; . -.. I: ., r-7 12; ell 1 1 r 9 r! ..--` 1--1 C...-1 L i u '�._'_ ^z ><,a 1,43 ili N 0; rily Z. f :'� i ., .:.mil L...,, L.:: -d 7L tk Si f r1 * `!. 1+ - Lit12 - } rr- z r; g0 i...... .- , r-r.I-, b i 41' 1 f-z 1 H `�-1 I. 1 ) r . ;' i ‘ i , Cd _ Y ,�Co.-,} L .'7,..,, .:.:,-.......:.,:11 „,_a_.,:......:.T..- -.r, .,, .,...;.w.�:. t ..... . ..:..,,:,,. ;','. ...._... . ,...... .._ .-M... -... _. . p1V1AHA � City of Omaha, W �? kca41 K t"{�31` '411,, 1819 Farnam — Suite LC 1 : ��*��tttt�_� r, Omaha, Nebraska 681 83-01 1 2 Wriiv171 1 , Buster Brown (402) 444-5550 ��'.�`= _t ti City Clerk FAX (402) 444-5263 " 4� 4TFD FEB t- August 9, 2016 Minabella Beauty Resort, LLC Application for an addition to your present Dba"Minabella" Class "I" Liquor License location 364-368 North 114th Street Omaha,NE 68154 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 August 23, 2016 . 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, 4fdeod Buster Brown City Clerk BJB:clj City of Omaha, Nebraska ® �H� 1819 Farnam — Suite LC 1 xf` tI Omaha, Nebraska 68183-0112 cI , r, �'� l '^ Buster Brown (402) 444-5550 �A;, � ` `N"% City Clerk FAX (402) 444-5263 O 44ry 9TFD F]E130t August 16, 2016 Minabella Beauty Resort, LLC Application for an addition to your present Dba"Minabella" Class "I" Liquor License location 364-368 North 114th Street Omaha,NE 68154 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 August 30, 2016 . 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, Buster Brown City Clerk BJB:clj ñ2ci,/ J 8 -/Y/ NOTICE OF LIQUOR LICENSE APPLICATION This notice is to inform you that MINABELLA BEAUTY RESORT, LLC DBA "MINABELLA" has applied for an ADDITION TO THEIR PRESENT CLASS "I" lOn Sale beer,wine and liquor] LIQUOR LICENSE LOCATION OF AN AREA APPROX. 22' X 19' KNOWN AS THE WINE ROOM located at 364-368 NORTH 114TH STREET The Omaha City Council will hold a public hearing regarding this application on Tuesday, AUGUST 30, 2016 at 2:00 P.M. in the Legislative Chambers, Omaha/Douglas Civic Center at 1819 Farnam Street. Testimony will be received from interested parties at this meeting. You may submit written testimony to the City Clerk, 1819 Farnam Street, Omaha, NE 68183 prior to the hearing date. Buster Brown City Clerk ALL REQUESTS FOR SIGN LANGUAGE INTERPRETERS (SIGNERS) WILL REQUIRE A MINIMUM OF 48 HOURS ADVANCE NOTICE. IF ALTERNATIVE FORMATS ARE NEEDED, ALL REQUESTS WILL REQUIRE A MINIMUM OF 72 HOURS ADVANCE NOTICE. PLEASE NOTIFY BUSTER BROWN, CITY CLERK,444-5557, IF ARRANGEMENTS NEED TO BE MADE. 5 No. /2 Minabella Beauty Resort, LLC, dba "Minabella's", 364-368 North 114th Street, requests permission for an addition to their present Class "I" Liquor License location of an area approx. 22' x 19' to be known as the "Wine Room". Property posed: 08-10-16; Notification sent: 08-19-16. 08-30-16;cj l RECEIVED Presented to Council: August 30, 2016 - Approved 7-C Buster Brown City Clerk