RES 2016-0766 - Addition of outdoor area to Flixx E-MAILED TO NLCC
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* ` 111 STATE OF NEBRASKA
Millt �
Pete Ricketts NEBRASKA LIQUOR CONTROL COMMISSION
"It Governor Hobert B.Rupe
cat 1se�� T 1 F; , Executive Director
301 Centennial Mall South,5th Floor
I` ik 3 P.O.Box 95046
Lincoln,Nebraska 68509-5046
Phone(402)471-2571
May 11, 2016 Fax(40T2) 374
R 1 S USER800 8 4 or(402)3-7352 471-(ITY)
web address:http://www.lcc.ne.gov/
OMAHA CITY CLERK
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 #: C-087925
LICENSEE: KARMA INC
TRADE NAME: FLIXX
ADDRESS: 1019 S 10TH STREET
CITY/COUNTY: OMAHA/DOUGLAS
PREMISE PHONE: 402-408-1020
CONTACT PERSON: 402-212-4435
CURRENT DESCRIPTION: MAIN FLOOR OF THREE STORY BLDG INCLUDING
BASEMENT APPROX 62'X65'
NEW DESCRIPTION: MAIN FLOOR OF THREE STORY BLDG INCLUDING
BASEMENT APPROX 62'X65'INCLUDING OUTDOOR AREA APPROX 10'X 42'TO THE
WEST
APPROVED: X DENIED NO RECOMMENDATION
Randy Seybert (l&L : /l p- (A yr /0
Licensing Division I
Nebraska Liquor Control Commission
DEPUTY CLERK'S SIGNATURE: /4w
rs E7 iS
DATE: LerV�s 2'
cc: file
Janice M.Wiebusch Robert Batt Bruce Bailey
Commissioner Chairman Commissioner
An Equal Opportunity Employer
11
APPLICATION FOR ADDITION
TO LIQUOR LICENSE Office Use RNEBRASKA LIQUOR CONTROL COMMISSION EC IV
ED
301 CENTENNIAL MALL SOUTH
PO BOX 95046
LINCOLN NE 68509-5046 MAY 9 2016
PHONE:(402)471-2571 •
FAX:(402)471-2814
Website: www.lec.nebrasktgov NEBRASKAUQUOR
CONTROL COMMISSVON
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/NLCCpavport
• 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 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 2c-- CLASS TYPE
LICENSEE NAME Kr-..ram a.. t'nC •
-
TRADE NAME
PREMISE ADDRESS 10 ( +Q
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CITY CMak-°� ZIP CODE {O o t° COUNTY jam- I cA-5
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CONTACT PERSON !-e_ w1\
PHONE NUMBER OF CONTACT PERSON 1./O"2 Z 1 Z q LI '5
EMAIL ADDRESS OF CONTACT PERSON k��1.�✓ti�t �l r►'I 4,`I• La
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1600008653
FORM 110
REV JULY 2015
Page I of 2
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NEBRA
CONTROL COMMtSS10N
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1. What is being added?
Explain the type of addition that is being requested,i.e. beer garden, adding to building
2. Will this addition cause the location to be within.150 feet of a ehurch,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? .
YES
n
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: http://www.lcc.ne.aov/formsdiv.html
If proposed location is within 300 feet 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)(1).
Must include supplemental Form 135 found at this link: http://www.lcc.ne.gov/formsdiv.html
3. Include a sketch of the area to be added showing:
✓ existing licensed area with length &width in feet
✓ area to be added with length &width in feet
✓ direction north
9. 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
'acknowledge under oath that the premises as added to comply in all respects with the requirements of the act.
Neb Rev Stat 53-129
/Sigh/at icensee or Officer
State46f NebrRka
County of \ The foregoing instrument was acknowledged before me this
' \G:9 Date. /Mt by tr l t��C�� _ 1\ \U'C C..
name of person acknowledged(individual(s)signing document)
(A.G. Affix Seal Tr GENERAI.N pa-sk EafNetrasa
. \ .[C:L(1 .ENNA:t GARCIA
My Comm.Exp.'January 14,2018
Notary Public signature
RECEIVED
FORM 110
• MAY 9 2016 REV JULY 2015
Page 2of2
Z5) i NEBRASKA LIQUOR
CONTROL COMMISSION
RECEIVED
MAY I 0 2D16
Page 1 of 9
LEASE ��NEBR�ASKA LIQUOR
ASHLEY'S PULLMAN APARTMNTSTLL"C'COMMISSION
THIS LEASE is entered into this day of October,2014 between Ashley's Pullman Apartments LLC,a Nebraska limited liability
company,Landlord,and KARMA INC.,a Nebraska Corporation,Tenant and Jeremiah Morello and Kyle Baun as tenants jointly and severally
(herein collectively called"Tenants")
1. PREMISES.Landlord leases to Tenants the real property commonly described as 1015 and 1019 South 10'n Street,Omaha,
Nebraska,the basement area under this area,and an approximately 10 foot by 20 foot area at the northwest corner of the building
for a patio area(hereinafter called the"Leased Premises"). The equipment and trade fixtures described in Exhibit 1, attached
hereto,and any additions,substitutions and replacements thereto are the property of Tenants. All other fixtures are the property of
the Landlord.
2. TERM. This Lease shall be for a fixed term of 4 years (Initial Term)commencing on the 1st day of November 2014,and ending on
October 31,2018 unless terminated earlier as provided in this Lease.
A) RENEWAL OPTIONS:The lease may be renewed at the option of the Tenant,for the following separate and consecutive
Two(2)5 year terms.This lease may be renewed in 5 year increments following the lease terms set forth in the following paragraphs for a
period not to exceed 14 years. The Tenants shall exercise the renewal option(s)by giving the Landlord not less than 90 days written
notice of its intent to exercise the renewal option for such specific option period prior to the end of the Lease term then in effect.
In addition to the Premises,Tenant shall enjoy the nonexclusive use of any automobile parking areas,and walkways,but specifically
subject to the easement from Burlington Railways.There are no agreements whether stated or implied that there is any access through the
former Burlington Property now owned by KETV parent company.
3. USE OF PREMISES. The Premises are leased to Tenant,and are to be used by Tenant,for the purposes of Tavern Business and other
related purposes,and for no other purpose. Tenant agrees touse-the Premises.in.such a manner as to not interfere with the rights of other
tenants in the real estate("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.Tenant shall be responsible to keep the common area hallway clean
and free of debris and spillage.
4. RENT. The rent under this Initial Term for the Lease is Two Hundred Forty Two Thousand Four Hundred and no/100 dollars($242,400).
Tenant agrees to pay rent to Landlord, without demand, at 1212 Howard St,Omaha, Nebraska 68102,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,as follows:
For the period from November 1,2014,to October 31,2015,$4,900 per month
Commencing November I,2015 to October31,2016$5,000 per month.
Commencing November 1,2016 to October31,2017$5,100 per month.
Commencing November 1,2017 to October31,2018$5,200 per month
•
First Renewal Term,if exercised:
Commencing November 1,2018 to October 31,2019$5,300 per month.
Commencing November I,2019 to October 31,2020$5,400 per month.
Commencing November 1,2020 to October 31,2021$5,500 per month.
Commencing November 1,2021 to October 31,2022$5,600 per month.
Commencing November 1,2022 to October 31,2023$5,700 per month.
Landlord
Tenant
Page 2of9
Second Renewal Term,if exercised: RECEIVED
Commencing November 1,2023 to October 31,2024$5,800 per month.
Commencing November 1,2024 to October 31,2025$5,900 per month. ""-%, 1 Zfl�s
Commencing November 1,2025 to October 31,2026$6,000 per month. r�i�QTU'1SIr1 LIQUOR
Commencing November 1,2026 to October 31,2027$6,100 per month. CONTROL.COMMISSION
Commencing November 1,2027 to October 31,2028$6,200 per month. 'M 1
(b) Operating Expenses/Rent Adjustment.There shall be no triple net charges or CAM charges.The Tenant shall be allowed use
and access of the common areas.The Tenant is responsible for keeping the Leased Premises in good condition. Tenant is responsible for all
equipment maintenance all costs of labor,material and supplies for maintenance,repair,replacement,and operation of the Leased Premises,
including but not limited to painting,lighting,snow removal,landscaping,cleaning,depreciation of machinery and equipment used in such
maintenance.The property is separately metered and the Tenant is responsible for all utility charges and hookups.There is currently a trash
dumpster for the apartments that the Tenant may use as long as it is available.In the event the dumpster is not available the tenant is responsible
for its own waste removal.Nothing in this lease shall obligate the landlord to take out or remove any trash generated by the Tenant.Tenant is
responsible for the heating and air conditioning and any repairs needed. Tenant is responsible for all damage to the building and property from
sewer backup,damage caused by the Tenant to the front of the building including but not limited to broken windows doors outside walls from
their operation of the tenant's business.Landlord shall allow the Tenant to store items in the back of the building as long as this use conforms
with all laws and regulations.Tenant shall keep the area free and clear of any trash and maintain a neat appearance,and not infringe on the quiet
enjoyment of the other tenant of the building.The leased property has parking on all adjoining streets.Landlord is not responsible for providing
additional parking.
(c) Payment of Rent.Tenant agrees to pay the Rent es and when due,on the first of the month and each and every month. Rent
shall be late on the 56 day of the month and a$100.00 late fee shall be added to the rental amount after the 5'h day of the month. In the event of
nonpayment of any amounts due under this Lease,whether or not designated as rent,or late fee,Landlord shall have all the tights and remedies
provided in this Lease or by law for failure to pay rent.
(d) Late Charge. If the Tenant fails to pay the Full Rent together with the 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
said$100.00 late charge.
(e) Security Deposit. None
5. SERVICES. Tenant shall pay when due,all water,gas,electricity and sewer use fees chargeable to the Leased Premises.Landlord shall not
be liable for damages,nor shall the rental be abated,for failure to furnish,or delay in furnishing,any service when failure to furnish,or delay
in furnishing,is occasioned in whole or in part by needful repairs,renewals,or improvements,or by any strike or labor controversy,or by any
accident or casualty whatsoever,or by any unauthorized actor default of any employee of Landlord,or for any other cause or causes beyond the
control of Landlord.
6. ASSIGNMENT OR SUBLEASE. Tenant shall not assign this Lease or sublet the whole or any part of the Premises,transfer this Lease by
operation of law or otherwise,or permit any other person except agents and employees of Tenant to occupy the Premises,or any part thereof,
without the prior written consent of Landlord.Landlord 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. In the event that any sublease approved by Landlord shall provide for payment
of rent in excess of rent payable under this Lease,such excess shall be paid to Landlord as it becomes due under the terms of such sublease.
Landlord shall have the right to assign its interest under this Lease or the rent hereunder. Landlord's consent to assignment or sublease shall
not release Tenant of any liability or obligation hereunder.In the event Landlord shall sell the property,this lease shall be transferred to the new
owners and the obligation of the landlord and tenant shall be transferred by operation of the sales agreement.
7. TENANT'S 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. 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 termination of this Lease,at Landlord's option,Tenant will repair and restore
Landlord
Tenant
Page 3 of 9
the Premises to its former condition, at Tenant's expense, or any such improvements,additions,or alterations installed or made by Tenant,
except Tenant's trade fixtures,shall become part of the Premises and the property of the Landlord. Tenant may remove its trade fixtures at the
tenmination of this Lease provided Tenant is not then in default and provided further that Tenant repairs any damage caused by such removal.
A) Fixtures and signs,The Tenant shall have the right to install in or place on the Leased Premises such fixtures,machines tools
or other equipment(including but not limited to trade fixtures,lighting fixtures,water coolers,and air conditioning equipment)as
it may choose.Such fixtures machines,tools or other equipment shall at all times remain the personal properly of the Tenants
regardless of the manner or degree of attachment thereof tot eh premises and may be removed at any time by Tenants whether at
the termination of this lease or otherwise;provided however that tenant shall make reasonable restoration of the Leased Premise in
the event that any substantial damage Is done thereto In the removal of any such property.
8. REPAIRS. Landlord agrees to maintain in good condition,and repair as necessary the foundations,exterior walls,roof,Common Areas of
the Building and Real Estate,exterior and Common Area windows and plate glass except as above.
Tenant agrees that it will make,at its own cost and expense,all repairs and replacements to the Leased Premises not required to be made by
Landlord,including,but not limited to,all interior and exterior doors serving the Premises,door frames,interior windows and plate glass,and
the electrical systems servicing the Premises. Tenant agrees to do all redecorating,remodeling,alterations,and painting required by it during
the teem 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 from the Landlord 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 satisfactory
condition when possession was taken. Tenant shall,at the termination of this Lease,by lapse of time or otherwise,remove all of Tenant's
property and surrender the Premises to Landlord in 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.
I I. LANDLORD'S RESERVED RIGHTS. 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:
• Change the name or street address of the Real Estate.
• Install and maintain signs on the Real Estate.
• Have access to all mail chutes according to the rules of the United States Post Office Department.
• At reasonable times,to decorate,and to make,at its own expense,repairs,alterations,additions,and improvements,structural or otherwise,
in or to the Remises,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,doors, corridors,elevators,or other facilities to do so,however,such activities shall not unreasonably interfere with Tenant's
operation of its business.
• Possess passkeys to the Premises.
• Show the Premises to prospective tenants at reasonable times during the last 3 months of the Lease Term,however,the Landlord shall have
the right to show the Premises to perspective buyers during the term of the Lease during normal business hours with prior notice to the
Tenants.
• 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.
• Approve all sources furnishing signs,painting,and/or lettering to the Premises,and approve all signs on the Premises prior to installation
thereof.
RECEIVED
Landlord
MAY 02016
Tenant NEBRASKA LIQUOR
CONTROL COMMISSION
RECEIVED
pa ray 0 gm
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• Establish rules and regulations for the safety, care, order, operation, appearance, and cleanliner �� ' rhaae
N
modifications thereto. NEBRASKA LI
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 othe
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. INDEMNITY. 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 attorney's fees,asserted by or on behalf of any person,entity,or governmental authority arising out of or in any way connected with
either(a)a failure by Tenant to perform any of the agreements,terms,or conditions of this Lease required to be performed by Tenant;(b)a
failure by Tenant to comply with any laws,statutes,ordinances,regulations,or orders of any governmental authority;or(c)any accident,death,
or personal injury,or damage to,or loss or theft of property which shall occur on or about the Premises,or the Real Estate,except as the same
may be the result of the negligence of Landlord,its employees,or agents.
14. LIABILITY 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 the
Landlord and Landlord's managing agent as additional Insured(s) and shall provide coverage in a combined single limit per occurrence of
at feast$ 1,000,000.00 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 the Tenant. All such insurance shall provide that Landlord shall
be given a minimum of ten(10)day's 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 sucirinsurance is in full force and effect and stating the term
and provisions thereof.Such insurance shall be at least A Plus XV by Best's Insurance Ranting Service 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.
15. DAMAGE BY FIRE OR OTHER CASUALTY. If,during the term of this Lease,the Premises shall be so damaged by fire or any other
cause except Tenant's negligent or intentional act so as to render the Premises untenable,the rent shall be abated while the Premises remain
untenable;and in the event of such damage,Landlord shall elect whether to repair the Premises or to cancel this Lease,and shall notify Tenant
in writing of its election within sixty(60)days after such damage.In the event Landlord elects to repair the Premises,the work or repair shall
begin promptly and shall be carried on without unnecessary delay. In the event Landlord elects not to repair the Premises,the Lease shall be
deemed canceled as of the date of the damage. Such damage shall not extend the Lease term.
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 rent shall be paid to that date,
with a proportionate refund by Landlord to Tenant of such rent as may have been paid by Tenant in advance. If the portion of the Premises
taken is such that it prevents the practical use of the Premises for Tenant's purposes,then Tenant shall have the right either(a)to terminate this
Lease by giving written notice of such termination to Landlord not later than thirty(30)days after 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 BREACH. Each of the following events shall constitute a default or a breach of this Lease by Tenant:
• If Tenant fails to pay Landlord any rent or other payments when due hereunder,time being of the essence;
• If Tenant vacates or abandons the Premises;
• If Tenant files a petition in bankruptcy or insolvency or for reorganization under any bankruptcy act,or voluntarily takes advantage of any
such act by answer or otherwise,or makes an assignment for the benefit of creditors;
Landlord
Tenant
RECEIV ED
MAY 10 Z016
• If involuntaryNEBRASKA LAM cc
proceedings under any bankruptcy or insolvency act shall be instituted against Tense "`RQL a be MISSION
appointed of all or substantially all of the property of Tenant,and such proceedings shall not be dismi a receivership or trusteeship
vacated within thirty(30)days after the institution or appointment;or
• 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 twenty(20)days after notice thereof by Landlord to Tenant,time being
of the essence.
18. EFFECT 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:
• Landlord may re-enter the Premises immediately and remove the property and personnel of Tenant,and shall have the right,but not the
obligation,to store such property in a public warehouse or at a place selected by Landlord,at the risk and expense of Tenant.
• Landlord may retake the Premises and may terminate this Lease by giving written notice of termination to Tenant Without such notice,
Landlord's retaking will not terminate the Lease. On termination,Landlord may recover from Tenant all damages proximately resulting
from the breach, including the cost of recovering the Premises. The cost of remodeling for prospective Tenant(s) 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.
• Landlord may re-let the Premises or any part thereof for any term without terminating this Lease,at such rent and on such terms as it may
choose.Landlord may make alterations and repairs to the Premises. In addition to Tenant's liability to Landlord for breach of this Lease,
Tenant shall be liable for all expenses of the re-letting,for any alterations and repairs made,and for the rent due for the balance of the Lease
term,which sum shall be immediately due Landlord from Tenant. The amount due Landlord will be reduced by the net rent received by
Landlord during the remaining term of this Lease from re-letting the Premises or any part thereof. If during the remaining term of this
Lease Landlord receives more than the amount due Landlord under this sub-paragraph,the Landlord shall pay such excess to Tenant,but
• only to the extent Tenant has actually made payment pursuant to this stab-paragraph;
19. SURRENDER-HOLDING OVER. 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 ATTORN111ENT. Landlord reserves the right to place liens and encumbrances on the Premises superior in
lien and effect to this Lease. This Lease,and all rights of Tenant hereunder,shall,at the option of Landlord,be subject and subordinate to any
liens and 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 an 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 1212 Howard Street,Omaha,Nebraska 68102 and also to Tenant at 605 South 126'h St,Omaha,Nebraska 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.
Landlord
Tenant
Page 6 of 9
22. COMPLIANCE WITH ADA.Tenant shall be responsible for all costs of complying with the Americans with Disabilities Act("ADA")
within the Leased Premises 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. 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.
(d).No Surrender. No surrender of the Premises by Tenant shall be effected by Landlord's acceptance of the keys to the Premises or of the
rent due hereunder,or by any other means whatsoever,without Landlord's written acknowledgment that such acceptance constitutes surrender.
(e).Captions. The captions of the various paragraphs in this Lease are for convenience only and do not define,limit,describe,or construe the
contents of such paragraphs.
(f).Applicable Law.This Lease shall be governed by and construed in accordance with the laws of the State of Nebraska.
(g).Short Form Lease. Both parties agree not to record this Lease;but each hereto agrees,at the request of the other,to execute a so-called
"short form"of Lease in form recordable and reasonably satisfactory to Landlord's attorneys. In no event shall such"short form"Lease set
forth the rental and other charges payable by Tenant under this Lease. Any such"short form"shall expressly state that it is executed pursuant
to the provisions contained in this Lease and is not intended to vary the terms and conditions of this Lease.
(b).Partial Invalidity.If any provision of this base is invalid or unenforceable to any extent,then that provision and the remainder of this
Lease shall continue in effect and be enforceable to the fullest extent permitted by law.
(i) As further partial consideration for the execution of this Lease,the Landlord has agreed to furnish for Tenants use a single patio area on
the Northwest corner of the property.The Landlord shall furnish labor and materials to build the patio area not to exceed$5000.It shall be the
Tenant responsibility to acquire any city permits or designs necessary for the Landlord to build patio area.The tenant shall be responsible for
strict adherence to any noise ordinance and the operation of the patio area shall not infringe upon or in any way curtail the quiet enjoyment
therein of the buildings other tenants.Landlords shall not be responsible to police the patio area and the building.Landlord is not responsible or
liable for a loss or injury to tenant or patrons of the tenant in the patio area.
24. BROKERS.There are no brokers involved in this transaction.
By affixing our signatures below the parties acknowledge they have had the opportunity to review the lease document and understand all its
terms.Further the parties acknowledge they have had the opportunity to consult with legal counsel and have entered into this agreement after
mature consideration.
Until this Lease is executed on behalf of all parties hereto,it shall be construed as an offer to lease by Tenant to Landlord.
IN WITNESS WHEREOF,the patties hereto have executed this Lease the day and year fast above written.
Landlord:Ashley's Pullman Apartments LLC p
By i uG°\I
Tenant:Karma Inc.By r.v I 0 201%
NES�ASKP NNSS'Q'
Landlord COIAIR �M
Tenant
PLANNING DEPARTMENT REPORT
DATE: MAY 11, 2016 DUE DATE: MAY 13, 2016
CITY COUNCIL HRG MAY 24,2016
LOCATION: 1014I SOUTH 10TH STREET
LEGAL DESCRIPTION: REQ ADDITION OF AN OUTDOOR AREA APPROX 10' X 42' TO THE
WEST
APPLICANT: KARMA, INC., DBA `FLIXX"
REQUESTED LICENSE OR ACTION: ADDITION TO THEIR PRESENT CLASS "C" LIQUOR
LICENSE LOCATION
NEW LOCATION(X)NEW OWNERSHIP ( ) TYPE OF FACILITY: BAR
THIS REQUEST DOES(X) DOES NOT O PERTAIN TO AN OUTSIDE AREA
IF SIDEWALK CAFE: R-O-W-LEASE N.1 b PERMITS OBTAINED (J 45
IF OUTSIDE: OUTSIDE AREA IS e9 I 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:CBI, - A C - 1 EXITING LAND USE: A �
ADJACENT LAND USE AND ZONING: / .=v 1
NORTH: P.A C--
SOUTH: VI LA1JT fir- AGT . I
EAST: K &TV 6 8 -A c T- 1
WEST: rA R/ R6sTAV rzAiiT t-t T- ACT - )
PARKING STALLS PROVIDED: v 2( 6 M' P T
EXISTING USE DOES U� DOES NOT( )COMPLY WITH ZONING REGULATIONS
PLUMBING FIXTURES PROVIDED: WOMEN'S L o G14• Es D
MEN'S � o � KG-9
DATE SUBJECT PROPERTY WAS POSTED: 5 . 13 . 1 Le,
(Rule#7) DISTANCE OF PROPOSED LICENSE TO ANY SCHOOL,CHURCH,OR CITY(PARK: D id-
DISTANCE OF PROPOSED LICENSE TO ANY EXISTING LICENSE: 102: I400s 0 P LeD^�
(State Law) DISTANCE OF PROPOSED LICENSE TO ANY CHURCH 0 4&
SCHOOL l ' lL HOSPITAL O EG HOME FOR THE AGED,IN ENT
OR VETERAN 0�- COLLEGE OR UNIVERSITY 0
4
3*— /o — /6
(Authorized Signature) (Date)
11/41
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RASKA LIQUOR
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CityofOmaha 9thrasa OMAH ,,,
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1819 Farnam — Suite LC 1 z isr t' ¢'1
Omaha, Nebraska 681 83-01 1 2 nSFA
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Buster Brown (402) 444-5550 dry,
City Clerk FAX (402) 444-5263 p� 4
9TFD FEBRU°'
May 11, 2016
Karma, Inc. Application for an addition to your present
Dba"Flixx" Class "C" Liquor License location
1019 South 10th Street
Omaha,NE 68106
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 May 24, 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,
40‘,,e4;40.
Buster Brown
City Clerk
BJB:clj
�LJ
fu ,°IrJ 5 /3 %
NOTICE OF LIQUOR LICENSE APPLICATION
This notice is to inform you that
KARMA, INC.
DBA "FLIXX"
has applied for an
ADDITION TO THEIR PRESENT CLASS "C" [On & Off Sale beers
wine and liquors LIQUOR LICENSE LOCATION OF AN OUTDOOR
AREA APPROX. 10 X 42' TO THE WEST
located at 1019 SOUTH 10TH STREET
The Omaha City Council will hold a public hearing regarding this
application on Tuesday, MAY 24, 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.
(c
No.
Karma, Inc., dba "Flixx", 1019 South 10th
Street, request permission for an addition to
their present Class "C" Liquor License location
of an outdoor area approx. 10' x 42' to the west.
Property posted: 05-13-16; Notification sent:
05-13-16.
05-24-16;cj
RECEIVED
Presented to Council:
May 24, 2016 - Approved 7-0
Buster Brown
City Clerk