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Home My WebLink About20131567.tiffcar* INfiNthe -i -?3\2(b\-3 RESOLUTION RE: APPROVE APPLICATION FOR TRANSFER OF OWNERSHIP OF A TAVERN LIQUOR LICENSE FROM EL CAPORAL NIGHT CLUB, INC., TO AMIGOS NIGHT CLUB, LLC, AND AUTHORIZE CHAIR TO SIGN - EXPIRES DATE W E EAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorad s tut and the Weld County Home Rule Charter, is vested with the authority of adminis e $ g t134 of airrss of Weld County, Colorado, and WHEREAS, Arryfgos LLC, presented to the Board of County Commissioners of Weld County, Colorado, pplic ion for a Transfer of Ownership of a Tavern Liquor License for the sale of ma v ous n spirituous liquors, said license previously held by El Caporel Night Club, and 1 WHEREAS, pursuant to Exhibit 5-H d County Code, said applicant has paid the required fees to the County of Weld for a Trahr/gf'Oynership of the existing license, and WHEREAS, said applicant has exhibited a State uor License for the sale of malt, vinous and spirituous liquors for consumption by the drip on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 1490 County Road 27, Brighton, Colorado 80603 WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor' trained, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the first available "responsible vendor" class after hiring. Evidence of such shall be included in the referral report submitted by the Sheriff's Office at the time of annual renewal. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number * to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until DATE, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 2013-1567 LC0028 TRANSFER OWNERSHIP OF LIQUOR LICENSE - AMIGOS NIGHT CLUB, LLC PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of June, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: William F. Garcia, Chair Weld County Clerk to the Board Douglas Rademacher, Pro -Tern BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Mike Freeman County Attorney Barbara Kirkmeyer Date of signature: 2013-1567 LC0028 DR 8404 (05/07/09) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 21 COLORADO LIQUOR tivto RETAIL LICENSE APPLIe lr1 JUL 12013 NEW LICENSE ,'`TRANSFER OF OWNERSHIP D LICENE .,Rr • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE S • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-370-2165) DEPARTMENT USE ONLY Received JUL 02 2013 Liquor Ent Div. 1. Applicant is applying as a Individual Corporation JN' Limited Liability Company Partnership (includes Limited Liability and Husband and Wife Partnerships) Association or Other 2. Applicant If an LLC name of I I r,- if n rtners at least 2 partner's names: if corporation, name of corporation OS V1. t ctULo L L(P. v'1 - i' , ) V 2a. Trade NAme of stabiisnment (D. 03 3f .bio 3. Address of Premises (specify exact to tion of premises) ILgC City •Jcc r en 4. Mailing Addjess (Number and Street) S C NN e_ 5. If the premises currently have a liquor or beer license. you MUST answer the following questions Fein Number gce.aso-2baot State Sales T• x No. :36L135 County tkiieAci City or Town State Business Telephone 1)ti534 fl i-1 1ao- -*I-- 3-11-1 ZIP Code 0.(e03 ZIP Code State Present Tilde Name of Establishment (DBA) Present State License No. Et I c cone (C 111 �` I 1 �L (ddb `13 - G u �i -ate. LIAB SECTION A NONREFUNDABLE APPLICATION FEES LIAB SECTION B (CONT.) 2300 ❑ Application Fee for New License $1,025.00 2302 1 I Application Fee for New License - w/Concurrent Review $1,125 00 2310 VApplication Fee for Transfer $1,025.00 I LIAB SECTION B LIQUOR LICENSE FEES Present Class of License 1-c,.v`kr,1 Present Expiration Date Ifl(kik • S aC1� LAIUOR LICENSE FEES 1905 n Retail Gaming Tavern License (City) $500.00 1906 'Retail Gaming Tavern License (County) $500.00 1940 Li Retail Liquor Store License (City) $227.50 1941 ❑ Retail Liquor Store License (County) $312.50 1950 ❑ Liquor Licensed Drugstore (City) $227.50 1951 ❑ Liquor Licensed Drugstore (County) $312.50 1960 Beer and Wine License (City) $351.25 1961 ❑ Beer and Wine License (County) $436.25 1970 ❑ Hotel and Restaurant License (City) $500.00 1971 ❑ Hotel and Restaurant License (County) $500.00 1975 ❑ Brew Pub License (City) $750.00 1976 ❑ Brew Pub License (County) $750.00 1980 ❑ Hotel and Restaurant License w/opt premises (City) $500.00 1981 ❑ Hotel and Restaurant License w/opt premises (County) $500.00 1983 n Manager Registration - H & R $ 75.00 1985 ❑ Resort Complex License (City) $500.00 1986 ❑ Resort Complex License (County) $500.00 1988 ❑ Add Related Facility to Resort Complex ... $ 75.00 X _ Total 1990 ❑ Club License (City) $308.75 1991 fl Club License (County) $308.75 2016 ijj tavern License (City) $500.00 2011 ►tavern License (County) $500.00 2012 ❑ Manager Registration - Tavern $ 75.00 2020 ❑ Arts License (City) $308.75 2021 ❑ Arts License (County) $308.75 2030 ❑ Racetrack License (City) $500.00 2031 ❑ Racetrack License (County) $500.00 2040 ❑ Optional Premises License (City) $500.00 2041 ❑ Optional Premises License (County) $500.00 2045 ❑ Vintners Restaurant License (City) $750.00 2046 2220 2370 2375 LI Vintners Restaurant License (County) $750.00 Add Optional Premises to H & R $100.00 X Total Master File Location Fee $ 25.00 X Total Master File Background $250.00 X Total DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY County State -750 (999) City Cash Fund New License 2300-100 (999) LIABILITY INFORMATION Industry Type • ef IF 56a, eso License Accq►rlilber Managers Reg -750 (999) Cash Fund Transfer License 231O-100 (999) Liability Date FROM S � License Issued Through (Expiration Date) TO TOTAL r. o u 16 3 233 cc % /4/444‘,544334, S'Uo• ao G414/3V1137- 41 5.00 DR 8404 (05/07/09) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET (7O 7Z4-5 X 1-itaa (J CO.jVi. Instructions: This check list should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION g A. Applicant/Licensee identified. B. State sales tax license number listed or applied for at time of application. irk D.; C. License type or other transaction identified. gD. Return originals to local authority. • E. Additional information may be required by the local licensing authority. II. DIA9RAM OF THE PREMISES A. No larger than 8 1/2" X 11'. ❑ B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). El C. Separate diagram for each floor (if multiple levels). • D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ■ A. Deed in name of the Applicant ONLY (or) ❑ B. Lease in the name of the Applicant ONLY. , ' C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. ■ D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS jg A. Individual History Record(s) (Form DR 8404-I). 'B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) XA. Certificate of Incorporation (and/or) 7 ■ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. • D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) ❑ A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) [2" A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). • B. Copy of operating agreement. ❑ C. Certificate of Authority (if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT, TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ■ A. $75.00 fee. • B. Individual History Record (DR 8404-I). vut DR 8404 (05107/09) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- holders or directors if a corporation) or manager under the age of twenty-one years? Yes No • U"/- 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager ever (in Colorado or any other state); (a) been denied an alcohol beverage license? (b) had an alcohol beverage license suspended or revoked? (c) had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 7a, b or c, explain in detail on a separate sheet. / • [} • a" • AN -- 8. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within preceding two years? If "yes," explain in detail. the • [0/ 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? ❑ R" 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager limited liability company; or officers, stockholders or directors if a corporation)? If yes. identify the name of the business and list current or former financial interest in said business including any loans to or from a licensee. if a any ■ D, 11. a. Attach entrances, to Does the Applicant, as listed on line 2 of this application, arrangement? in of have legal possession of the premises by virtue of ownership, lease or other Detail) ■ Ownership el / Lease 1:1 Other (Explain VII If leased, list name of landlord and tenant, and date TLY as they appear onllsee:: expiration, EA)oN1J14CJL)b1"j&ires Tenant . Landlord a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery, walls, partitions, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11'. (Doesn't have be to scale) 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses Has a local ordinance or resolution authorizing optional Number of separate Optional Premises areas requested with Optional Premises premises been adopted? (See License Fee Chart) Yes No J ■ 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. Yes N ■ 15. Club Liquor License applicants answer the following (a) Is the applicant organization operated solely not for pecuniary gain? (b) is the applicant organization a regularly operated solely for the object of a patriotic (c) How long has the club been incorporated? (Three years required) and attach: for a national, social, fraternal, patriotic, political or athletic purpose and chartered branch, lodge or chapter of a national organization which is or fraternal organization or society, but not for pecuniary gain? (d) Has applicant occupied an establishment for three years that was operated solely for the reasons stated above? Yes No • ■ ■ ❑ ❑ ❑ 16. Brew -Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) Yes No ❑ ■ 17a. Name of Manager (for all on -premises applicants) application for a Hotel, Restaurant or Tavern License, 17b. Does this manager act as the manager of, or have a licensed establishment in the State of Colorado? If KANCV•k-, UU j 1 Ii OJt1�S (If this is an 8404-I). Date of Birth the manager must also submit an Individual History Record (DR financial interest in, any other liquor yes, provide name, type of license and account number. Yes N L ■ 18. Tax Distraint information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. Yes Nc( ■ DR 8404 (05/07/09) Page 4 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404-I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED* M/ 1art e \I\JnOrn5 51 g3 ,rican bWvd401 o m6kAda-6 41.e 10 04 If townership percentage disclosed here does not total 100% applicant must check this box oApplicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant Additional U ,IJ,ARTNERSHIP L�J ❑ Documents CORPORATION LIMITED LIABILITY COMPANY ASSOCIATION OR OTHER to U ❑ be submitted by type of entity Cert. of Incorp. ❑ Cert. of Good Standing Partnership Agreement (General or Limited) ❑ Articles of Organization Attach copy of agreements creating association ill (if more than 2 yrs. old) ❑ Cert. of Auth. (if a foreign Corp.) ❑ Husband and Wife partnership (no written agreement) Cert. of Authority (if foreign company) ❑ Operating Agrmt. or relationship between the parties Registered Agent (if applicable) Address for Service OATH OF APPLICANT / declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authoj ediSignature c� iG1, (i IL?V 4. Title MCt.kc_ �c Date 3. (o - i 3 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: Tht each person required to file DR 8404-i (Individual History Record) has: YeNo Been fingerprinted RE t( 'Been subject to background investigation, including NCIC/CCIC check for outstanding warrants [' ■ That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in compliance with, and aware of, liquor code provisions affecting their class of license ❑ (Check One) ❑ Date of Inspection or Anticipated Date [✓i Jpon approval of state licensing authority. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do reportthat such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for Weld Coun , Colorado it Telephone Number -356-4000 x 4225 i TOWN, CITY COUNTY Si na r 4-----I ` •air o f�, ommissioners Date JUN 2 4 2013 Signatur (attest) ksp,roc t { eloFt$� Date JUN 2 4 2013 DR 8404-I (01106105) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. AN questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business am c'oS NBC — C1t,b) LU 2. Your Full Name ast, first, middle) t11\C . 5 JAkU, Lv��4. 3. List any other names you have used. Mailing address (if different fom residence) Home Telephone "1�p — '?1P -k- 2,7111 1 IC'` Il-,-i4- 5. List all residence addresses below. Include current and previous addresses for the past five years. See, G,-tid vt .-t- a' STREET AND NUMBER CITY, STATE, ZIP FROM TO Current '} it (?o t ( e5t + Previous 31CD 3 V� 3c11(` w1:I IA�'-c'il�i r rtJ ��c� 33 31 Iab 14 ); 11 6. List all current and former employers or ttusinesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO Vc\\ o. -Q (Cmflleaiat etopoony i311t3 S+ee-Lz C-4.- Thornton 62) .SrVice. �D(�clz � � foul al II I J7�� ff�i�ioiz vi C ta.S Se( re- - beau. flfla4-i (en.S ry-ta f I 8rnrm�,.e /d, (c)3a Lk_ s i �,�� J z�� •��d dalIcd s CG.-keivtcft 0-15 V\V ✓ika, (fir) skS aivk-weds scrvt c e, iro setup (eIWO i 7. List the name(s) of relatives worlking in or holding a financ I interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Be r License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. n Yes [ No 9. Have you ever received a violation notice suspension or revocation, for a liquor law vi lion, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. ❑ Yes No 10. Have you ver been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you h e any charges pending? Include arrests for DUI and DWAI. (If yes, explain in detail.) Lives ;.. No 11. Are you rrently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.) Lives I _; No 12. Have yoyever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail_) Yes ,�No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a. Date of Birth b. Social Security Number SSN I c. Place of Birth I d. U Itizen? ' • - � ? i eel a F. es Ell No e. If Naturalized, State where I f. When lg. Name of District Court ; h. Naturalization Certificate Number I I. Date of Certification ' j. If an Alien, Give Alien's Registration Card Number i k. Permanent Residence Card Number i I I m. Weight ln. Hair Colorlo. Eye Color p. Sex I Iq. Race I r. Doybu have a current Information. f� a. Total purchase price $_.____. ... D' .. (if buying 0 .k QQ...___. an existing business) or investment being made by the applying entity, corporation, partnership, limited liability company, other $— ..4% 0 O b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and fees paid $__.._ 1.D.Nt00O. 0 C) c. Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed.— Q, ww-nv Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number Amount _ e SV1. . IC'cZS� 14a4( i c, cA '7,000 ,, 0o ' Oi1U '\_ _. - t . -cm, StLt/(twJS acc,(Luk. i -ltit.l.tS � I n Ca-`�'\ VeLe iC� __ __5,^, c} 'l t\v\ (�J "Catt30 al _(, ) C 4SA . Lw Ld cL Jr L&), cZs d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount h o iocu1S 15. Give name of bank where business account will be maintained; authorized to draw thereon. rn i cnS n i gY- c oh Lc; cw / Account Name and Account Number: and the name or names of persons r, we,' 15 ...i- (0 1 �� Kf - 7 Q Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorize gn ture Title Date fl--Md,,vv k A- 5 years of address history for Michelle Williams 5783 Sheridan Blvd #101 Arvada, Co 80002 I hove resided at this address since September of 2011 Older Addresses 2010-2011— 3753 W 89th Wy Westminster, Co 80031 2009-2010— 460 Voiles Ct Brighton, Co 80601 2008-2009-13743 Steele Ct Thornton, Co 80602 Breakdown of investment; 0% was invested by LLC 100% was invested by Michelle Williams The investment money came from taxes, savings and family gave me money. $7000.00- Taxes $2000.00- Savings $3000.00- Family gift money 2), «°ckw� Y` I did not recieve any loans or borrow money for the investment. COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St, Denver CO 80261 September, 2005 aterr AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: n Paid in full. There are no outstanding accounts with any Colorado VVholesalers. Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: ED Licensee ❑Applicant ❑ Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law - Regulation 47-304. Applicant will assume full responsibility for payment of the outstanding accounts as listed above. No alcohol beverage inventory transferred or sold. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. Dated this / day ofJla 200a..O t2 - Seller: Licensee & License Number Buyer : C 111v eZ A 3 -0X49-0o°tcM� ©I\1`�5(�+c1 C. A Y pplicaIYm iyAlei ub) L-L,Cj Trade name : cTrade n`- e t 'Sig[. natureit) (_.. be iii ( 4 ).,/,.., 2_ Signal re Position Position J Print Name Print Name I 12/9/2012 TO WHOM IT CONCERN; I , Ruben Chavez and the Caporal Night Club of 1490 W.C.R. 27 Brighton, Co. have agreed with Mary Sipres to terminate contract between us. The Caporal Night Club will volunteer to transfer the liquor license and other permits needed for the next party to continue operating at 1490 W.C.R. Brighton,Co. ;mil ,-''7„ %ck p � 1 H LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR (911-1-0 140 LLL This Company Agreement of this SINGLE MEMBER MANAGED LIMITED LIABILITY COMPANY organized pursuant to applicable state law, is entered into and shall become effective as of the Effective Date by and among the Company and the person executing this Agreement as the Member. It is the Member's express intention to create a limited liability company in accordance with the Act, as currently written or subsequently amended or redrafted. Therefore, all provisions of this document shall be construed consistent with the afore described intent of the Member's. Accordingly, in consideration of the conditions contained herein, he/she/they agree as follows: 1.1 ARTICLE I Company Formatio FORMATION. The Member hereby does form a' Limited Liability Company ("Company") subject to the provisions of state law as currently in effect as of this date. Articles of Organization shall be filed with the Secretary of State. 1.2 REGISTERED OFFICE AND AGENT. The location and name of the registered agent shall be as stated in the Articles of Organization. J 1.3 TERM. The Company shall continue for a erpetual period unless, (a) The Member votes for dissolution; or (b) Any event which makes it unlawful for the business o \the Company to be carried on by the Member; or (c) Any other event causing dissolution of this Limited Liability Company un er applicable state laws. 1.4 CONTINUANCE OF COMPANY. Notwithstanding the provisions of ARTICLE 1.3, in the event of an occurrence described in ARTICLE 1.3(c), if there are at least one remaining Member(s), said remaining Member)s) shall have the right to continue the business of the Company 1.5 BUSINESS PURPOSE. The Company shall conduct any and all lawful business deemed appropriate to execute the company's objectives. Operating Agreement - 1 www.northwestregisteredagent.com 1.6 PRINCIPAL PLACE OF BUSINESS. The location of the principal place of business of the Company shall be as stated in the Articles of Organization or at a location as the Member selects. 1.7 THE MEMBERS. The name and place of residence of each member are listed below at Certification of Members. Members are the owners of this company. 1.8 ADMISSION OF ADDITIONAL MEMBERS. Except as otherwise expressly provided in the Agreement, additional members may be admitted to the Company through issuance by the company of a new interest in the Company or a sale of current a percent of current Member's interest. ARTICLE II Capital Contributions 2.1 INITIAL CONTRIBUTIONS. The Member initially shall contribute to the Company capital and the company shall keep record of the amount each contributed. 2.2 ADDITIONAL CONTRIBUTIONS. Except as provided in ARTICLE 6.2, no Member shall be obligated to make any additional contribution to the Company's capital. ARTICLE III Profits, Losses and Distributions 3.1 PROFITS/LOSSES. For financial accounting and tax purposes the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Exhibit 2 as amended from time to time in accordance with Treasury Regulation 1.704-1. 3.2 DISTRIBUTIONS. The Member shall determine and distribute available funds annually or at more frequent intervals as the Member sees fit. Available funds, as referred to herein, shall mean the net cash of the Company available after appropriate provision for expenses and liabilities, as determined by the Member. Distributions in liquidation of the Company or in liquidation of a Member's interest shall be made in accordance with the positive capital account balances pursuant to Treasury Regulation 1.704- I(b)(2)(ii)(b)(2). To the extent a Member shall have a negative capital account balance, there shall be a qualified income offset, as set forth in Treasury Regulation 1.704- l(b)(2)(ii)(d)• Operating Agreement - 2 www.northwestregisteredagent.com 3.3 C CORPORATION ELECTION. The Member may elect to be treated as a C corporation at any time to keep the profits of the LLC at the company level and not be forced to distribute profits to the Member. ARTICLE IV Management 4.1 MANAGEMENT OF THE BUSINESS. The management of the business is invested in the Member. 4.2 MEMBER. The liability of the Member shall be limited as provided pursuant to applicable law. The Member is in control, management, direction, and operation of the Company's affairs and shall have powers to bind the Company with any legally binding agreement, including setting up and operating a LLC company bank account. 4.3 POWERS OF THE MEMBER. The Member is authorized on the Company's behalf to make all decisions in accordance with ARTICLE 4.2 as to (a) the sale, development lease or other disposition of the Company's assets; (b) the purchase or other acquisition of other assets of all kinds; (c) the management of all or any part of the Company's assets; (d) the borrowing of money and the granting of security interests in the Company's assets; (e) the pre -payment, refinancing or extension of any loan affecting the Company's assets; (f ) the compromise or release of any of the Company's claims or debts; and, (g) the employment of persons, firms or corporations for the operation and management of the company's business. In the exercise of its management powers, the Member is authorized to execute and deliver (a) all contracts, conveyances, assignments leases, sub -leases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting the Company's assets; (b) all checks, drafts and other orders for the payment of the Company's funds; (c) all promissory notes, loans, security agreements and other similar documents; and, (d) all other instruments of any other kind relating to the Company's affairs, whether like or unlike the foregoing. 4.7 NOMINEE. Title to the Company's assets shall be held in the Company's name or in the name of any nominee that the Member may designate. The Member shall have power to enter into a nominee agreement with any such person, and such agreement may contain provisions indemnifying the nominee, except for his willful misconduct. 4.8 COMPANY INFORMATION. Upon request, the Chief Executive Member shall supply to any member information regarding the Company or its activities. Each Member or his authorized representative shall have access to and may inspect and copy all books, ®p@rdl ing Agr@@m@nt - 3 www.northwestrepisteredagent.corn records and materials in the Chief Executive Member's possession regarding the Company or its activities. 4.9 EXCULPATION. Any act or omission of the Member, the effect of which may cause or result in loss or damage to the Company or the Member if done in good faith to promote the best interests of the Company, shall not subject the Member to any liability to the Member. 4.10 INDEMNIFICATION. The Company shall indemnify any person who was or is a party defendant or is threatened to be made a party defendant, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Company) by reason of the fact that he is or was a Member of the Company, Manager, employee or agent of the Company, or is or was serving at the request of the Company, for instant expenses (including attorney's fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with such action, suit or proceeding if the Member acted in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interest of the Company, and with respect to any criminal action proceeding, has no reasonable cause to believe his/her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of "no lo Contendere" or its equivalent, shall not in itself create a presumption that the person did or did not act in good faith and in a manner which he/she reasonably believed to be in the best interest of the Company, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was lawful. 4.11 RECORDS. The Member shall cause the Company to keep at its principal place of business or other location the following: (a) A copy of the Certificate of Formation and the Company Operating Agreement and all amendments; (b) Copies of the Company's federal, state and local income tax returns and reports, if any, for the three most recent years; (c) Copies of any financial statements of the limited liability company for the three most recent years. Operating Agreement - 4 www.northwestregisteredagent.com ARTICLE V Compensation 5.1 MEMBER MANAGEMENT FEE. Any Member rendering services to the Company shall be entitled to compensation commensurate with the value of such services. 5.2 REIMBURSEMENT. The Company shall reimburse the Member for all direct out-of- pocket expenses incurred by the Member in managing the Company. ARTICLE VI Bookkeeping 6.1 BOOKS. The Member shall maintain complete and accurate books of account of the Company's affairs at the Company's principal place of business or other agreed location. Such books shall be kept on such method of accounting as the Member shall select. The company's accounting period shall be the calendar year. 6.2 MEMBER'S ACCOUNTS. The Member shall maintain separate capital and distribution accounts for each member. Each member's capital account shall be determined and maintained in the manner set forth in Treasury Regulation 1.704-I(b)(2)(iv) and shall consist of his initial capital contribution increased by: (a) Any additional capital contribution made by him/her; (b) Credit balances transferred from his distribution account to his capital account; and decreased by: (a) Distributions to him/her in reduction of Company capital; (b) The Member's share of Company losses if charged to his/her capital account. 6.3 REPORTS. The Member shall close the books of account after the close of each calendar year, and shall prepare and send to each member a statement of such Member's distributive share of income and expense for income tax reporting purposes. Operating Agreement - 5 www.northwestregisteredagent.com ARTICLE VII Transfers 7.1 ASSIGNMENT. According to the appropriate Court, should the Member have a creditor with a judgment that was issued an assignment of the membership interest, the creditor shall only obtain an assignment of the membership interest, not the actual transfer of Membership in the LLC. The new assignee does not have any rights of the Member or have the ability to be involved in management of the LLC or the right to dissolve the LLC. The new assignee is only granted rights of the distributions of the Member's interests, if the Member decides to distribute at all, not the rights of membership. The assignee must release the Member's interests back to Member upon payment of the judgment in accordance with the appropriate Court. ARTICLE VIII Dissolution 8.1 DISSOLUTION. The Member may dissolve the LLC at any time. The Member may NOT dissolve the LLC for a loss of membership interests. Upon dissolution the LLC must pay its debts first before distributing cash, assets, and/or initial capital to the Member or the Members interests. The dissolution may only be ordered by the Member, not by the owner of the Members interests. CERTIFICATION OF MEMBER The undersigned hereby agree, acknowledge and certify to adopt this Operating Agreement. Signed this i f day of Tine_ 20 13 . Operating Agreement - 6 Signature Midiei (e I o1/4r yt Printed Name www.northwestregisteredagent.com COMMERCIAL LEASE This Commercial Lease ("Lease") is executed and delivered this 1st day of March , 2013 by and between MARY SIPRES, Owner of SIPRES LOUNGE, INC., a Colorado corporation, of 1490 WCR 27, Brighton, Colorado 80603, herein called Lessor; and Amigos Night Club LLC whose address is 1490 WCR 27 Brighton, Co. herein called Lessee. Lessee hereby leases and accepts from Lessor certain premises located in the City of Brighton, County of Weld, State of Colorado, described as the downstairs/main-floor part of the building located at 1490 WCR 27, Brighton, Colorado 80603, hereinafter referred to as the "Premises" or "demised premises," as well as certain Assets including furniture, fixtures, equipment and leasehold improvements related to the operation of a restaurant/nightclub business in the Premises, all in their present condition, as -is, where - is, and with all faults, upon the following TERMS and CONDITIONS: 1. Term and Rent. Lessor leases the demised premises to Lessee for a fixed term of one (1) year commencing on March 1, 2013 and terminating on February 28, 2014 payable in equal monthly installments of Three Thousand Dollars ($3,000.00) from April 1, 2013 to June 1, 2013. Commencing on July 1, 2013, a total of Four Thousand Five Hundred Dollars ($ 4,500.00) shall be paid until February 1, 2014, payable in advance on the first day of each and every month during the term of this Lease. All rental payments shall be made to Lessor at the address specified above. 2. Use. This Lease Agreement is only for a properly licensed and lawfully operated Restaurant and Night Club use. Living Quarters upstairs is not included with this Lease Agreement. Lessor makes no representation or warranty that the Premises are suitable or zoned for Lessee's intended uses. Lessee's uses shall confirm all zoning, licensing and permitting requirements, and Lessee shall only use and occupy the demised premises for Lessee's lawful business purposes. The demised premises shall be used for no other purpose without the prior written consent of Lessor. Lessee shall not use the demised premises for storing, manufacturing or selling any explosives, flammables, or any other illegal or dangerous substance, chemical, hazardous material, thing or device. Lessee shall not use or allow the Premises to be used for any immoral, unlawful, or objectionable purposes. Lessee shall not commit, or suffer to be committed, any waste upon the Premises, or cause, suffer or permit any nuisance (public or private) or disturbance in the Premises. 3. Security Deposit. The amount of the Security Deposit is $5,000.00 payable as follows. On or before March 1, 2013, Lessee shall deposit with Lessor One Thousand Dollars ($1,000.00); but Lessor agrees, deposit will be divided into Eight (8) monthly installments of Five Hundred Dollars ($500.00) until fully paid, as security for the full and faithful performance by Lessee of all terms hereof, to be returned to lessee, without interest, on the full and faithful performance by Lessee of all provisions hereof and returning the Premises (and all Assets) in as good condition or better as existed at the inception of this Lease, normal wear and tear excepted. Page 1 of 7 4. Liquor License. This Lease Agreement is contingent upon Lessee obtaining a Liquor License from Weld County and the State of Colorado, for alcohol sales at the Premises. Lessee shall promptly apply for and use diligent efforts to obtain such license(s). Lessee shall comply with all terms, conditions and requirements of such license(s). At the end of the Term or upon any other termination of this Lease, the Lessee shall not terminate its Liquor License and if necessary shall extend such license(s), such that any subsequent lessee or buyer can obtain a transfer of such license(s). Lessee agrees to obtain and maintain in good standing all necessary licenses for the operation of its business, including: Liquor License, Sales Tax License, Cabaret / Dance License, Restaurant License, and any other license that is required by the laws of the City of Brighton, Weld County, and the State of Colorado to operate Lessee's business in the Premises. If Lessee receives a suspension or revocation of any license issued by the State, County or any other governmental entity, and such suspension or revocation is not promptly and properly cured and the license reinstated, then Lessor may terminate this Lease Agreement and Lessee shall remain liable to pay all remaining amounts due under this Lease Agreement. 5. Sales Taxes. Lessee shall pay in full when due all sales or other taxes related to the operation of its business on the Premises, and shall provide Lessor copies of all sales tax reports to the requisite State and local governmental authorities, and evidence of payment of the same, on a quarterly basis, commencing 1`)= ,l2, and continuing on ) 1-3 Mu ur '/ pnd , ,j1 .:.# J,while this Lease Ys in effec . —niJ (+'�V��6. Care and Maintenance of Premises. Lessee acknowledges that it has inspected the demised premises and that the same are in good order and repair and acceptable to Lessee, and Lessee hereby accepts the Premises as is and with all faults. Lessee shall, at its own expense and at all times during the Term, maintain the demised premises in good and safe condition, including plate glass, electrical wiring, plumbing and heating installations and any other system or equipment upon the demised premises, and shall surrender the same, at termination hereof, in as good or better condition as received, normal wear and tear excepted. Lessee shall be responsible for all repairs and maintenance, excepting major maintenance and repair of the demised premises, not due to Lessee's misuse, waste or neglect or that of its employees or visitors, which major repairs and maintenance (any one repair exceeding $2,500.00) shall be the responsibility of Lessor. Particularly, the roof, exterior walls and structural foundations shall be maintained and repaired by Lessor. Lessee shall also maintain in good condition all areas adjacent and appurtenant to the demised premises, such as sidewalks, driveways, lawns and shrubbery. If snow is not removed within 24 hours after the last snow fall, Lessor will hire a contractor for that day and Lessee will pay the charges for having the snow removed. Lessee shall be responsible for any damage caused to the demised premises by Lessee's misuse or negligence and that of Lessee's employees, customers, agents, guests and visitors. 7. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or improvements, in, to, or about the demised premises. 8. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in effect and as the same may hereafter be amended, pertaining to the demised premises, occasioned by or affecting the use thereof by Lessee. 9. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the demised premises without prior written consent of Lessor, which consent may be Page 2 of 7 withheld in the Lessor's sole and absolute discretion. Any such assignment or subletting without the prior written consent of Lessor shall be void and, at the option of Lessor, may terminate this lease. Lessee agrees to execute an assignment of rents owned to Lessor, in favor of Lessor's lender, if required by Lessor's lender. 10. Utilities. Unless otherwise separately agreed in writing signed by the Parties, all applications and connections for necessary utility services on the demised premises shall be contracted -for in the name of Lessee only, and Lessee shall be solely liable for all utility charges as they become due, including those for sewer, water, gas, electricity, television and telephone services. In the event that any utility or service provided to the demised premises is not separately metered, Lessor shall pay the amount due and separately invoice Lessee for Lessee's pro rata share of the charges. Lessee shall pay such amounts within fifteen (15) days of invoice. Lessee acknowledges that the demised premises are designed to provide standard office use electrical facilities and standard office lighting. Lessee shall not use any equipment or devices that utilize excessive electrical energy, or that may, in Lessor's reasonable opinion, overload the wiring or interfere with electrical services to other lessees or occupants. Lessor will continue to live in the residence above the nightclub. If Lessor moves out of the above residence, Lessor may, but shall not be obligated to, offer such upstairs residence for lease to Lessee for an additional rent. 11. Entry and Inspection. Lessee shall permit Lessor or Lessor's agent(s) to enter the demised premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and shall permit Lessor at any time within fifteen (15) days prior to the expiration of this lease, to place upon the demised premises any usual "To Let", "For Lease" or "For Sale" signs, and shall permit Lessor and prospective lessees or purchasers desiring to lease or purchase to inspect the demised premises. 12. Parking. During the term of this lease, Lessee shall have the nonexclusive use in common with Lessor, and other tenants or occupants and their guests and invitees, of the non - reserved common area established parking areas, driveways, and foot ways, subject to rules and regulations for the use thereof as prescribed from time to time by Lessor. Lessor reserves the right to designate specific parking areas for Lessee and Lessee's agents and employees. Upon Lessor's request, Lessee shall provide Lessor with a list of all license numbers for vehicles owned or used by Lessee, its agents and employees. 13. Possession. If Lessor is unable to deliver possession of the demised premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but rent shall abate until possession is delivered. Lessee may terminate this lease if possession is not delivered within thirty (30) days of the commencement of the term hereof. 14. Indemnification of Lessor. Lessee acknowledges and agrees that Lessor shall not be liable for any claim, demand, loss, damage or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof, occurring during or in connection with Lessee's term of occupancy. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims or demands for damages which arise in connection with any such occurrence. Said indemnification shall include indemnity from any costs or reasonable attorneys fees which Lessor may incur in defending said claim or demand. 15. Insurance; Exhibit A. Lessee, at its expense, shall obtain and maintain at all times during the Term, adequate worker's compensation insurance as required by Colorado law, Page 3 of 7 public commercial general liability and casualty insurance, including bodily injury and property damage, and "dram shop" liquor liability insurance, insuring Lessee and Lessor (as an additional insured), with minimum coverage amounts, and types of insurance coverage, as set forth on the attached Exhibit A, incorporated by reference. At or before the commencement date, Lessee shall provide Lessor with Certificates of Insurance showing Lessor as an additional insured, and demonstrating that all insurance required by Exhibit A is in place and the premiums therefore are paid. The Certificate shall provide for a thirty -day written notice to Lessor in the event of cancellation or material change of coverage. To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor, for the benefit of each other, waive any and all rights of subrogation which might otherwise exist. If the demised premises or any other part of the building is damaged by fire or other casualty resulting from any act of negligence of Lessee or any of Lessee's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Lessee shall be responsible for the costs of repair not covered by insurance. Lessee shall also maintain such liquor liability or "dram shop" insurance as is required by Exhibit A. 16. Eminent Domain. If the demised premises, or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the demised premises shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination date, and any rent paid for any period beyond that date shall be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may at its expense pursue its own separate claim against the condemning authority for any taking of fixtures and improvements owned by Lessee, and for moving expenses. 17. Destruction of Premises. Lessee shall give Lessor immediate notice in case of fire or other damage or casualty to the demised premises, or any part thereof. In the event of partial destruction of the demised premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of Lessee on the demised premises. If such repairs cannot be made within the said sixty (60) days, Lessor, at Lessor's option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and in the event that Lessor shall elect not to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building in which the demised premises are situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A total destruction of the building in which the demised premises may be situated shall terminate this lease. 18. Lessor's Remedies on Default. If Lessee fails to make payment of any installment of Rent for more than three (3) days after the due date, Lessee agrees to pay an additional $200.00 per day late fee. If not paid within seven (7) days, Lessor will have the right to terminate the Lease Agreement, effective fourteen (14) days after the original payment due date. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any of Page 4 of 7 the other terms or conditions hereof, this lease, at the option of Lessor and to the extent permitted by law, shah terminate and be forfeited, and Lessor may re-enter the demised premises and remove all persons therefrom to the extent permitted by law. Lessor may accelerate the rent and recover damages, reasonable attorney's fees and costs of enforcing this Lease and collecting unpaid rent, and may retain the security deposit in whole or in part. 19. Common Area Expenses. In the event the demised premises is situated in a commercial building in which there are common areas, Lessee agrees to pay its pro rata share of maintenance, taxes and insurance for the common area, including parking areas, plus any pro rata share of insurance premium increase. 20. Attorney's Fees. In case Lessor shall retain the services of an attorney to enforce this Lease, whether for recovery of the demised premises or for any sum due hereunder, or because of any act which may arise out of Lessee's possession of the demised premises, the Lessor shall be entitled to recover from Lessee all costs incurred in connection with such action, including a reasonable attorney's fee. In the event that Lessee is the prevailing party in any such proceeding, then this attorney fee shifting provision shall be reciprocal. 21. Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 22. Notices. All notices pursuant to this agreement shall be in writing. 23. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. 24. Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 25. Radon Gas Disclosure. As required by law, Lessor makes the following disclosure: "Radon Gas" is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon gas that exceed federal and state guidelines have been found in buildings in Colorado. Additional information regarding radon gas and radon testing may be obtained from your county public health unit. Lessor has no knowledge of radon gas levels in the premises and Lessee is advised to conduct regular inspections. 26. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. 27. Liability. Lessor shall not be liable for any loss, expense or damage to any person or property, unless it is due to Lessor's gross negligence. Lessee is responsible for all acts, omissions, conduct or negligence of Lessee, its employees, customers, agents, visitors or invites. 28. Paragraph Headings. The paragraph headings are for convenience only. Page 5of7 29. Choice of Law. This lease shall be governed by the laws of the State of Colorado, and all disputes shall be subject to the jurisdiction of the Courts of Weld County, Colorado. IN WITNESS WEHREOF, the parties have executed this lease the day, month and year first above written. LESSOR: SIPRES LOUNGE, INC a Colorado corporatio 4 By: Mary/ ipres, President LESSEE: Amigos ight Club, LLC a Colo f do Corporation By:/ Michelle Williams, Owner NOTICE: Lessees are advised to seek assistance from an attorney before signing this Lease. Page 6 of 7 await EXHIBIT A TYPES OF INSURANCE AND REQUIRED COVERAGE AMOUNTS [To be provided by Insurance Agent] dite. 7,e2eLe .azx Ailas(_titt 4fr /-1 ditee of /10 Udzda Page 7 of 7 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. Colorado Secretary of State Date and Time: 03/06/2013 01:41 PM ID Number: 20131153739 Document number: 20131153739 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.RS.) 1. The domestic entity name of the limited liability company is Amigos Nightclub LLC (The name ofa limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co", "lzd liability co.", "limited", "tic". "Ile", or "ltd". See §7-90-601, CR.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address Mailing address (leave blank if same as street address) 1490 Weld County Rd 27 (Street manber and name) Brighton CO 80603 (City) (Province — if applicable) 5783 Sheridan Blvd (State) State RIP/Postal Code) United ) States (Counny) Apt 101 (Street number and name or Post Office Bas information) Arvada CO 80002 (City) (State) (ZIP/Postal Code) United l States • (Province — if applicable) (Counny) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name.) 5783 Sheridan Blvd Williams Michelle Lynn (Meddle) Pea) (Last) (First) Street address Mailing address (leave blank if same as street address) ARTORG_LLC Apt 101 (Street number and name) Arvada CO 80002 (City) (State) (ZIP Code) (Street number and name or Post Office Box information) Page 1 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Williams (Last) (First) (Middle) (Suffix) 5783 Sheridan Blvd Michelle Lynn Apt 101 (Sheet number and name or Post Office Box it formation) Arvada CO 80002 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Comhy) (If the following statement applies, adopt the statement by marking the box and include an attachment.) O This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORC3 LLC Page 3 of 3 Rev. 12/01/2012 (City) CO (Slate) e following statement is adopted by marking the box) The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name.) 5783 Sheridan Blvd Williams (Last) Michelle Lynn (First) (Middle) Pea) Mailing address Apt 101 (Street number and name or Post Office Box information) Arvada CO 80002 (City) (Province— if applicable) (Stele) (ZIP/Postal Code) United States . (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) [] The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box) O one or more managers. or n the members. 6. (The following statement is adopted by marking the box) 0✓ There is at least one member of the limited liability company. 7. (ff the following statement applies, adopt the statement by marking the box and include an attachment) n This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has sign cant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, ifapplicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are (mmitlek 'i y hou :minute ant/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG LLC Page 2 of 3 Rev. 12/01/2012 NT F THE IRS INTERNAL REOVENUE TREASURYSERVICE CINCINNATI OH 45999-0023 Date of this notice: 03-06-2013 Employer Identification Number: 46-2203201 Form: SS -4 Number of this notice: CP 575 G AMIGOS NIGHTCLUB LLC MICHELLE LYNN WILLIAMS SOLE MBR 1490 WELD COUNTY RD 27 BRIGHTON, CO 80603 For assistance you may call us at: 1-800-829-4933 IF YOU WRITE, ATTACH THE STUB AT THE END OF THIS NOTICE. WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER Thank you for applying for an Employer Identification Number (EIN). We assigned you EIN 46-2203201. This EIN will identify you, your business accounts, tax returns, and documents, even if you have no employees. Please keep this notice in your permanent records. When filing tax documents, payments, and related correspondence, it is very important that you use your EIN and complete name and address exactly as shown above. Any variation may cause a delay in processing, result in incorrect information in your account, or even cause you to be assigned more than one EIN. If the information is not correct as shown above, please make the correction using the attached tear off stub and return it to us. A limited liability company (LLC) may file Form 8832, Entity Classification Election, and elect to be classified as an association taxable as a corporation. If the LLC is eligible to be treated as a corporation that meets certain tests and it will be electing S corporation status, it must timely file Form 2553, Election by a Small Business Corporation. The LLC will be treated as a corporation as of the effective date of the S corporation election and does not need to file Form 8832. To obtain tax forms and publications, including those referenced in this notice, visit our Web site at www.irs.gov. If you do not have access to the Internet, call 1-800-829-3676 (TTY/TDD 1-800-829-4059) or visit your local IRS office. IMPORTANT REMINDERS: * Keep a copy of this notice in your permanent records_ This notice is issued only one time and the IRS will not be able to generate a duplicate copy for you. You may give a copy of this document to anyone asking for proof of your EIN. * Use this EIN and your name exactly as they appear at the top of this notice on all your federal tax forms. * Refer to this EIN on your tax -related correspondence and documents. If you have questions about your EIN, you can call us at the phone number or write to us at the address shown at the top of this notice. If you write, please tear off the stub at the bottom of this notice and send it along with your letter. If you do not need to write us, do not complete and return the stub. Your name control associated with this EIN is AMIG. You will need to provide this information, along with your EIN, if you file your returns electronically. Thank you for your cooperation. (IRS USE ONLY) 575G 03-06-2013 AMIG O 9999999999 SS -4 Keep this part for your records. CP 575 G (Rev. 7-2007) Return this part with any correspondence so we may identify your account. Please correct any errors in your name or address. CP 575 G 9999999999 Your Telephone Number Best Time to Call DATE OF THIS NOTICE: 03-06-2013 ( ) - EMPLOYER IDENTIFICATION NUMBER: 46-2203201 FORM: SS -4 NOBOD INTERNAL REVENUE SERVICE CINCINNATI OH 45999-0023 �f�l1II�IIII•1.11111liii IIIIIIIIIlllll IIIIIII�i�11� AMIGOS NIGHTCLUB LLC MICHELLE LYNN WILLIAMS SOLE MBR 1490 WELD COUNTY RD 27 BRIGHTON, CO 80603 Tammy Waters From: Sent: To: Subject: To Whom it May Concern: P ARCHULETA [phil5495@msn.com] Thursday, March 07, 2013 2:47 PM Tammy Waters Recommend Michelle Williams has worked with Reliable Commercial Cleaning Services, LLC for six years. Because of the nature of our company her position required self -governance and personal integrity. During the time she has worked with us she has proven to be dependable and trustworthy. Michelle has been an asset to our company. She is always cheerful and willing to assist with any task. In addition, Michelle is motivated and interested in learning. I believe that she will succeed in any endeavor that she sets her mind to. Sincerely, Phil Archuleta Reliable Commercial Cleaning Services, LLC 303-286-1499 1 Tammy Waters From: Sent: To: Subject: Joe Archuleta [theinkid5@gmail.com] Friday, March 08, 2013 1:36 PM Tammy Waters Michelle williams I Joseph archuleta have known Michelle Williams 8 years.she is a well rounded bussines orienteded woman. If you have any questions please call 7209843641 thank you Joseph archuleta `moo Whom j-{ rmat j—Canrarfl t. gni-cu. 1 rn;th-ciA lotho be q Loa"stbLS:hu_ Tar Gun -.1-- GI vrci rc-1 \viola, ` irson , lc) rsLcrcitcda-1--- 133 Li 3 5 ¢_LC+• Thnort\cf Gob. '64;0Q '7a.O v27572Mt Do 0 20130604-02251 (2) DATE 05/22/2013 SO WELD COUNTY RECORDS GREELEY 1950 "0" STREET GREELEY, CO 80631 RE: WILLIAMS,MICHELLE LYNN DATE OF BIRTH: SOC: XXX-XX- No Colorado record of arrest has been located based on above name and date of birth or through a search of our fingerprint files. The Colorado Bureau of Investigation's database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. On occasion the Colorado criminal history will contain disposition information provided by the Colorado judicial system. Additionally, warrant information, sealed records, and juvenile records are not available to the public. Since a record may be established after the time a report was requested, the data is only valid as of the date issued. Therefore, if there is a subsequent need for the record, it is recommended another check be made. Falsifying or altering this document with the intent to misrepresent the contents of the record is prohibited by law and may be punishable as a felony when done with intent to injure or defraud any person. Sincerely, Ronald C. Sloan, Director Colorado Bureau of Investigation Page 1 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Public Health Web: http://www.weldhealth.orq Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play. March 21, 2013 Ms. Mary Sipres 1490 County Road 27 Brighton, Colorado 80603 Re: Opening of the Amigos Nightclub Dear Ms. Sipres: I am aware that you are in the process of attempting to acquire a Retail Food Establishment license for the Amigos Night Club. As you have contacted various staff in the Health Department and other County Departments I thought it would be useful to outline the requirements that must be met prior to our Department issuing a Retail Food Establishment license for this establishment. The requirements that must be met are as follows: 1. The complete retail food establishment plan review packet must be submitted to this office. 2. The well water treatment system must be recertified by the Water Quality Division of the Colorado Department of Public Health and Environment. 3. The fire department approval form that was included with the plan review packet must be signed by the Brighton Fire District. 4. All requirements that may be put forth by the Weld County Planning and Building Departments must be fulfilled. 5. The sewage disposal system must be brought up to current code. As was documented in the letter hand -delivered to you by inspector Gail Harvey on March 5, 2010, the existing individual sewage disposal system is inadequate for the proposed use. In 2010, you agreed to pump the tank every four months and provide receipts to this Department. This was an interim solution intended to allow operation of the facility until either the septic system was brought up to code by the installation of an engineer designed system or the property was connected to the sewer through the City of Brighton. In your current situation, connection to the sewer is required by the following section of the County Code: "Except as provided in this Chapter, no individual sewage disposal system permit shall be issued to any person when the subject dwelling, place of business or institution is located within four hundred (400) feet of a sewer line of a municipality or special district which provides public sewer service, except where such sewer service to the structure is not feasible in the determination of the municipality or special district. (Weld County Code Ordinance 2005-5)" Amigos Nightclub March 21, 2013 Page 2 According to the City of Brighton, the sewer line is within 400 feet of your property, and it is feasible to connect. As you know, annexation to Brighton is required in order to connect to the sewer line. The City of Brighton has indicated to this Department that you previously submitted an annexation application but that it has been withdrawn. Please call the City of Brighton with any questions you may have regarding annexation and connection to the sewer line. Once the above items have been addressed satisfactorily, retail food establishment plan review may proceed. Sincerely, Trevor Jiricek Director Environmental Health Services Ec: Michelle Williams, Joe Archuleta Kris Krengel, Brighton Fire Department, Division Chief Fire Prevention Weld County Departments of Building, Planning, Attorney, and Clerk to the Board Letter dated March 21, 2013, regarding opening of Amigos Nightclub was picked up personally by Mary Sipres on March 21, 2013. K Represerr ative: Mari Sipres Witnessed by 6i6�l Tammy W ter's, Deputy Clerk to the Board DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Web: http://www.weldheaith.orq PublicHealth Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tele: 970.304.6420 Tele: 970.3046415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970.304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax: 970.304.6469 Our vision: Together with the communities we serve, we are working to make Weld County the healthiest place to live, learn, work and play April 11, 2013 Ms. Mary Sipres 1490 County Road 27 Brighton, Colorado 80603 Re: Opening of the Amigos Nightclub Dear Ms. Sipres: This letter is written as an update to the letter of March 21, 2013, in which requirements were outlined for the issuance of a retail food establishment license for the Amigos Nightclub. We reviewed the copy of the April 3, 2013, City of Brighton meeting minutes that you provided to us on April 10, 2013, and noted that Brighton is not supportive of allowing the continued existing use of your property should you annex into the city. Based on those minutes, Weld County has determined that it is not feasible for you to connect your property to the existing sewer line. The following requirements must be fulfilled in order for a retail food establishment license to be issued: 1. The complete retail food establishment plan review packet must be submitted to this office with all associated fees and attachments included. The packet should be submitted by the individual(s) who will hold the license. 2. The well water treatment system must be recertified by the Water Quality Division of the Colorado Department of Public Health and Environment. We understand that the required paperwork has been submitted to the Water Quality Division of the Colorado Department of Public Health and Environment, and all parties will be notified when the recertification is complete. 3. The fire department approval form that was included with the plan review packet must be signed by the Brighton Fire District. We understand that you have complied with the requirements of the fire department, and so this requirement may be fulfilled simply by including the signed approval form in the plan review packet. 4. All requirements that may be put forth by the Weld County Planning and Building Departments must be fulfilled. We understand that you have complied with the requirements of these departments, and the signed approval form may be included with the plan review packet. 5. The facility must be served by an adequate sewage disposal facility. The current system is not adequate. As it is not feasible to connect to the City of Brighton's system, Weld County Code will allow you to install a new engineer designed sewage disposal system to fulfill this requirement. Amigos Nightclub April 11, 2013 Page 2 Once the septic permit has been issued, retail food establishment plan review may proceed, however, the license will not be issued until all requirements have been completed, including installation of the septic system. Please do not hesitate to contact either Deb Adamson (970-304-6415, X2243) if you have questions related to the food license plan review or Lauren Light (970-304-6415, X2211) if you have questions related to permitting of a new septic system. Sincerely, ktifrtij Trevor Jiricek Director Environmental Health Services Ec: Michelle Williams, Joe Archuleta Kris Krengel, Brighton Fire Department, Division Chief Fire Prevention Weld County Departments of Building, Planning, Attorney, and Clerk to the Board Department of Planning Services 1555 N 17th Ave Greeley, CO 80631 (970) 353-6100 Weld County Building Inspection Referral Date: April 2, 2013 Applicant: Amigos Night Club/ Lisa Carpenter and Mark Mellon Address: 1490 County Road 27 Brighton, CO 80601 Project: Transfer of Ownership of Review Form After reviewing the application and documents submitted, the Building Inspection Department has the following comments: The Fire Marshal from Brighton Fire District has asked for these changes, and I concur with the code requirements. 1. Exiting for the 3 exterior doors requirements shall be made to conform to Chapter 10 of the 2012 International Building Code: Section 1008.1.2 Door swing. Doors shall swing in the direction of egress travel where serving a room or area containing an occupant load of 50 or more persons Section 1008.1.10 Panic and fire exit hardware Panic and fire exit hardware .Doors serving Group H occupancy and doors serving rooms or spaces with an occupant load of 50 or more in a Group A or E occupancy shall not be provided with a latch or lock unless it is panic hardware or fire exit hardware. 2. A final approval from the Fire District shall be conducted prior to opening of bar. Frank Piacentino Weld County Department of Building Inspection !1P DISCUSSION NOTES: ❑ SEE ADDITIONAL NOTE SHEET (ATTACHED) { f' l.C 1..1 e -r. 4 �-c� ,i.x.,J lc� tc, (3 . r.r. C t‘ cS a- k 4 _C-i. car-• c.k.- re--,a1-.S1---..c -- c,.1cDc\J — . 4-- c......3• -••-o___0 ,pr -z--, a--kt Z {-Nsz-IA.-_ k cke. i , . QP� ic-,--t _ ....%..s . ,-_ cTn ro��.r Ce_ c3 l�s c2._,c2._,t-f•-\ \ u, t `�- i ..� 1 - -- +_J , ` fh-^4_f- \ Vim" C__cs rS"-1t.\ i '.... *ice --_r- k•-•>‘ c1� . ''-, - is �, ---s-0-- 04_c_ . U.O . 2S��2--- p L.� 7S e 0 e..,e,--•-k"7 r�n_t--- 66.,'.Y" c-----2:: A..tit 3 . -�, s _ G..s�'F 0 r C.��:,- , \, lv,,-, . ..,.,pe_s_ke^ a�c t. -S \J Cstia ,S.A-(5 •cam 2.s.) : s e..J• FhAsc� Sco.l.l '-._' tic-., r ,:;,, r' -t'\---, :�_. C cx `f_„/f' ) c›.-k-----�`. -",..1 A r---u��.�.1 Cii 'c --.: v c d ..n i c �t in o -t-- c4 OW to A.- ✓vi_ VLS�P • t S c u..?.u.C- . -c-o 3 C�v,�? fn...l t/L i 4.0 GY (I S - crkt- � {? p -'y�r y. L tNl �t vL 4- t'o jc. DIA v .. o4. (Ask!, R �+ ,-c 1 fit' ti)�^ 1��-e.. L. a t t,to` fir? 1't,l_ �'l GCs 'wi t`' , _.(Lf �r-t4- S A -1-017 rY v UG �_t�v d' P �.°G :mot l : w+rv'N " Orse c -A' s , S (Act, c-.5 3 ti t Oro 11,4-cr w Crlt (e)( Int 4 C \vv. vTSC S •- �� L t l'i+nruL `+ l vsrt l� Ye„ .Cr-P �cs �. S C v Oft , �. �G�h t^ a- . r {.s r &v €L r+11111 -c, (A u t S %n l��i ii .i r + 111/1.x.. I iA ' -(.t't-c.1 42 - Mel r .A r J - _�� Cad -LcC t - A- -..-S ✓JttcrbtC� c .:ytc Z�rver� odcvz.-1,9s i -�?�,.y p b d ✓ _ , c � r...s�.r4 r- ‹. A-vv✓tex�t 1t74 -�i��,,f i � t-- -H Y PIA ; eSt vs, 5 ci ip �7 I t c`� '46L�r (.7 P.ti c ! � ct— rr tJl/t �t 1 iPvs (4-k P i v iV171_.4;0 -,4rL � G f � ►� ri�$ Gcc - s, ca,“,c.44,2,1 4,2,1 '� �t k r ` iG � Y i 5 [.c�c f . MEETING SUMMARY AND INITIAL STAFF RECOMMENDATION*: u, ses 1�.P. . *ALTHOUGH STAFF REACTION MAY BE FAVORABLE AT THE TIME OF THE PRELIMINARY CONTACT MEETING, THE FINAL RECOMMENDATION MAY CHANGE DUE TO INFORMATION UNAVAILABLE TO THE STAFF OR APPLICANT AT THE INITIAL MEETINGS. Notes to Applicant: 1) The City of Brighton utilizes external engineering consultants for development review and the applicant bears all costs associated with the development review. Per the current Adopted Fee Schedule, the cost to the applicant for each development review will be 10% above the actual cost of consulting services. Comment letters and redline plans for each review will be released upon payment of applicable fees. 2) By signing this form, you attest that you have read and understood the information contained herein. APPLICANT OR OWNER SIGNATURE/S: / f/ f( P: lCommunity DevelopmentWPlanningUPLC's1PLCinfo. & Meeting Notes.doc On 4-3-13 I (Lauren Light) had a phone conversation with Hazel Leem who is a planner with the City of Brighton. Mary Sipres and her daughter met with the City on 4-3 and Hazel was in attendance at that meeting. The City indicated to Mary they were not supportive of the existing use and that it would likely not be supported by the City. Mary would have to apply for annexation and also apply for a conditional use permit to allow the bar to remain. Based upon comments from the Brighton police department the City would not support the current use. The City indicated to Mary that the current use is considered abandoned if it has not been active for 60 days. The City would support industrial use on the property but would need 25 feet dedicated for the road and also would need more information regarding the rail road right of way. The number of required parking spaces may be an issue due to the small size of the parcel. The annexation procedure would take 6 to 8 months and last year Mary would not resign the annexation petition due to the cost. Mary told the City that her brother or cousin (?) had been pumping the septic tank every 4 months. The City was not very encouraging to Mary and she left the meeting over whelmed according to Hazel. I did inquire about a pre -annexation petition to allow Mary to connect to sewer but did not want to proceed further until discussions with Deb Adamson, Trevor Jiricek and Brad Yatabe had taken place. To: Weld County Board of Commissioners From: Deputy Lisa Carpenter Date: June 13, 2013 RE: Amigos Night Club, LLC Dear Commissioners, I have researched and found no reported calls for service to the address of 1490 WCR 27, Brighton, CO 80601 for the Calendar year of 2012 to present day. Amigos Night Club LLC., is planning on opening on June 14, 2013. I find no grounds for disapproval for the renewal of the liquor license. Respectfully Su„gi tted, eputy Li arpenter Community ' esource Officer Weld County Sheriffs Office 1950 "O" Street Greeley, CO 80631 u^^v-�. d"a ri rarr ComniU1 ft f esource Office- LkGkU[ata ENK'C�FLQE�M ENT VVC3 RYSH EE7 NIX' 1950-'0 Street Greeley, Colorado 80631 Voice (970) 356-4015 d Fax (970) 304-6467 Inspection Report u Incident Report CR#: ;aaeName RMtcloS NY G licensee Name # A co S (v,G/ l u. License#/Type: I4Ug2fv Date °FRepwfllnade'i IC -II Address (r I. it W�_�. oa, Person Contacted'. -3. I_I:c ct Y1aejticT^- k p6 �� Crt)r. Slate Zip: / Y i. e r�;a l° so (, (� L Telephone #:� GR' 1✓C -� w - -+1.---1- Yes o NIA es No �e ui. LioLA -S State Liquor License Posted j Manager Registered ' State Sales Tax License Posted r// License in Control of Premises iii - 1 --bounty Liquor License Posted Trade Name Properly Registered Federal Form 11 ° Call (800) 398-2822 k/Premises Physical Control Adequate V -Food Service License Posted r Acceptable Dispensing System Minor Warning Sign Posted t/ Off Premise Storage Licensed vi Meals and Snacks Available ✓ Only Permitted Items Sold J Cleanliness Adequate ✓I I Alcohol From Permitted Source Books & Invoices Available Discuss Sales of Liquor to Minors Alcohol Beverage Stock Acceptable Discuss Sales to Intoxicated Persons ✓ ❑Warning fFoflow-Up Inspection Lice /Representative Signature . (o-; 3-z )3 Date Nolaton: Date: Ti Subject J DOB: I Hgt: Wg't Eyes: Hair. Cbltiing:: DL / lOt: Slate: Address: City: State: Zip: Evidence: yes NO HA Phone tr. sumns#: Court Date Phol yyS NO Depu #: I/ & S V Date: 6-/ g- /3 TRANSFER OF OWNERSHIP REVIEW FORM Date: June 11, 2013 TO: Lisa Carpenter and Mark Mellon FROM: CTB — Tammy Waters SUBJECT: Liquor License Check In accordance with the procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Transfer of Ownership for a Tavern Liquor License. PLEASE RESPOND NO LATER THAN: June 21, 2013 NEW APPLICANT: Amigos Night Club, LLC Amigos Night Club 1490 COUNTY ROAD 27 BRIGHTON, CO 80601 This location previous held a license by El Caporal Night Club who allowed their license to be transferred. Temporary permit issued March 13th, 2013. The building is leased out by Mary Sipres. No concerns Deput'y'stnitials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) Please notify at Extension Board of Commissioner's New Application hearing. of the date and time of the Liquor/Beer License Worksheet The following concerns are noted: The Licensee and the Sheriffs Office have collectively agreed to implement the following to correct concerns noted above: (A time line and corrective action should be listed for each concern) Jhc,(le HillicurY73 Establishment Owner, Please Print Establishment Signature t9-13-13 Date < Deputy's ignature Use another sheet of paper or attach separate proposal to this packet if needed. Attach copies of all reports associated with this establishment for the last year. Both the Deputy and the Owner of the establishment will be required to attend the Liquor Hearing to testify to the above agreement. Tammy Waters From: Sent: To: Subject: No concerns from OEM Roy Rudisill Wednesday, March 20, 2013 8:33 AM Tammy Waters RE: Amigos Night Club - previously El Caporal Night Club - Transfer Director Roy Rudisill Weld County Office of Emergency Management 1150 O St. Greeley Co. 80632 970-304-6540 Office 970-381-0417 Cell Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tammy Waters Sent: Tuesday, March 19, 2013 3:17 PM To: Bethany Salzman; Dan Joseph; Janet Carter; Jonathan Gesick; Roy Rudisill Cc: Brad Yatabe; Sara Evans; Deb Adamson Subject: FW: Amigos Night Club - previously El Caporal Night Club - Transfer In accordance with the procedure for Liquor and/or beer license checks, please review all records on the following establishment and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Transfer of Ownership for a Tavern Liquor License. PLEASE RESPOND NO LATER THAN: April 9, 2013 NEW APPLICANT: Amigos Night Club, LLC Amigos Night Club 1490 COUNTY ROAD 27 BRIGHTON, CO 80601 1 Tammy Waters From: Sent: To: Subject: Janet Carter Friday, March 22, 2013 5:05 AM Tammy Waters RE: Amigos Night Club - previously El Caporal Night Club - Transfer This is an existing facility and Public Works doesn't have any comments at this time. Janet L Carter Traffic Engineer Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Tammy Waters Sent: Tuesday, March 19, 2013 3:17 PM To: Bethany Salzman; Dan Joseph; Janet Carter; Jonathan Gesick; Roy Rudisill Cc: Brad Yatabe; Sara Evans; Deb Adamson Subject: FW: Amigos Night Club - previously El Caporal Night Club - Transfer In accordance with the procedure for Liquor and/or beer license checks, please review all records on the following establishment and return your report to the Weld County Clerk to the Board's Office. Your report will be used by the Board of County Commissioners in considering the Transfer of Ownership for a Tavern Liquor License. PLEASE RESPOND NO LATER THAN: April 9, 2013 NEW APPLICANT: Amigos Night Club, LLC Amigos Night Club 1490 COUNTY ROAD 27 BRIGHTON, CO 80601 This location previous held a license by El Caporal Night Club who allowed their license to be transferred. Temporary permit issued March 13th, 2013. The building is leased out by Mary Sipres. 1 MEMORANDUM Tammy Waters, Deputy Clerk to the Board March 26, 2013 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0028 Review of the following liquor license renewal by the Department of Planning Services shows the following: Owner: Mary D. Sipres 1490 CR 27 Brighton, Co 80603-9332 Applicant: Amigos Night Club Dba: Amigos Night Club 1490 County Road 27 Brighton, Co 80603 Situs Address: 1490 CR 27 Brighton, Co 80603 Zone District: A (Agricultural) This use has existed prior to zoning and a Nonconforming Use File (NCU-80), has been set up by the Planning Department. Any expansion, construction or change in use would need to be submitted to the Department of Planning Services prior to completion. Historically, there have been issues with the septic, please check with Health Department for any comments. No Zoning Violations are occurring on the property at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY Sfale � v61 l eq pI4- DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Greeley, CO 80631 Web: http://www.co.weld.co.us/depanments/healthenvironment/ PublicHealth Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.304.6410 Tete: 970.304.6420 Tele: 970.304.6415 Tele: 970.304.6470 Tele: 970.304.6420 Fax: 970.304.6412 Fax: 970,304.6416 Fax: 970.304.6411 Fax: 970.304.6452 Fax 970.304.6469 Our vision: Together with the communities we serve, we am working to make Weld County the healthiest place to live, learn, work and play. RETAIL FOOD ESTABLISHMENT PLAN REVIEW INSPECTION REPORT Facility name: Amigos Night Club, LLC Address: 1490 CR 27, Brighton, Colorado Phone: 303-641-3015 land and 720-984-3641 cell Facility No.: El Caporal License Current: new Sanitarian Code: 157 Date: 06062013 Inspect Time: Seating Capacity: 0-100 Inspection Type: Specialist: Debra Adamson Under the conditions of the "Agreement for Amigos Night Club," the establishment is approved to operate. If the individual sewage disposal system installation is not complete by July 10, 2013, as per the agreement, the owner and license holders agree to temporarily suspend operations until the system is installed and approved by the Weld County Department of Public Health and Environment. This form shall serve as a temporary license and is effective until the issuance of the permanent license by the health department office. Due and payable to WCDPHE: Environmental Health Specialist Debra Adamson, MPH, #157 $255.00 retail food establishment license $200.00 remainder of plan review fees $455.00 total AGREEMENT FOR AMIGOS NIGHT CLUB THIS AGREEMENT ("Agreement") is made and entered into this 5th day of June, 2013, by and through the County of Weld, State of Colorado, acting through Environmental Health Services of the Weld County Department of Public Health and Environment, and Mary Sipres (the "Applicant") whose address is 1490 CR 27, Brighton, Colorado. WITNESSETH WHEREAS, as explained by Martha Griego, daughter of the property owner, Mary Sipres, in her email dated May 30, 2013 (attached), Applicant proposes to install an engineer - designed individual sewage disposal system for which installation will begin on July 8, 2013, and be completed by July 15, 2013. WHEREAS, the Applicant and the retail food establishment license holder, Amigos Night Club, LLC, request early release of the retail food establishment license in accordance with the terms and conditions of this Agreement. WHEREAS, the temporary liquor license for Amigos Night Club expires on July 11, 2013. NOW, THEREFORE, in consideration of the foregoing, County consents to Applicant and license holder for early release of retail food establishment license in accordance with the following terms and conditions: 1. The Applicant agrees to receive final approval from Weld County Department of Public Health and Environment for the individual sewage disposal system by July 10, 2013, according to the Weld County Individual Sewage Disposal System Regulations. 2. Applicant shall agree to maintain adequate sewage disposal until such time the individual sewage disposal system is completed, which shall be by July 10, 2013. Adequate sewage disposal shall include pumping of the septic tank. Pump receipts shall be provided to Weld County Department of Public Health and Environment within one week of pumping. 3. If the individual sewage disposal system is not satisfactorily completed by July 10, 2013, Applicant and license holder agree to close the establishment until such time that the individual sewage disposal system receives final approval from Weld County Department of Public Health and Environment. 4. Applicant and license holder agree to satisfactorily complete Items 1 through 13 as detailed in the email dated April 24, 2013, prior to issuance of the retail food establishment license (email attached). 1 k44 Signed this day of 5 v n , 2013. Weld County Department of Public Health and Environment By: !' . Director State of(10--/Mvet,10 Subscribed and Sworn before me this Applicant By: ii//Cttom--/,. Title: License Holder /J�i(5C Owe By: Title: County of t) -eli 6 day of 2013, f 4 << t4 an. Gc c-� F�l f'�i..4.C`// .t',� G 744J/V/-/'G1-Lf othy Public Signature My Commission Expires illoramowaribramaidakdorosswerAbmlimip Notary Public State of Colorado Notary ID 19964002251 My Commission FxnirPq Nov 24. 2016 as 2 RECEIPT o • v N RECEIV D FROM >: m m A11D^^D,,R S S 2 0 DYL o o t x 0 0 a_ Y m m 0 0 O il 6 to 3 0 o p N O CD 0 0 ym oo o • y U o o *1) -o m ., UaPo F ass FOR H WP D CASH CHECK HONEY ORDER 6 'C/1 116 G ot BY IYV RECEIPT DATE 3-47- NO. 86896 RECEIVED FROM Gbh/Ur 0,( OP -4- C- 1 ADDRESS 00 (PL.- ,,_, �, , y t 0 SO,CCC-- FOR en tAkL l 1O Vl5f ti -cw -re n&e Cam{tro 4 tSaO,w \ 5a,n HOW PAID <., .CASH HONEY ORDER DSO BY lIv DEMAND FOR COMPLIANCE OR RIGHT TO POSSESSION NOTICE FOR PROPERTY LOCATED IN Weld COUNTY To: Michelle Williams of Amigos Night Club, LLC (Tenant) I hereby demand that you shall, within three days of the time this notice is served upon you, either comply with the covenant stated below or deliver to the Landlord the possession of the premises identified below: Street Address 1490 W.C.R. 27 City Brighton County Weld RECEIVED JUL 032Q3 Subdivision Northwest 1/4 of Southwest 1/4 secion 29, Township 1 North, Range 66. Lot Block WELD COUNTY COMMISSIONERS The covenant/condition with which you are to comply is (check one or both, as applicable) x The payment to the landlord in the sum of $ 4,200.00 being past due rent and owed to the landlord from June 1, 20 13, to July 1.2013 . Other covenant of the lease that is being violated is: The covenant/condition checked above constitutes default under the terms of the Lease, and this default entitles the Landlord to possession of the premises. The rental for said premises is $3.500.00 per Month for the Month of June and July ONLY. Dated: 7/2/2013 Mary Sipres Landlord/Property Manager NIA Agent or Attorney RETURN OF SERVICE i certify that I served this notice on July 2, 2013 (date), in Weld (County), Colorado by my selection below: UBy leaving a true copy with (Full Name) ElBy posting in a conspicuous place on the premises at: 1490 W.C.R. 27 on the South Door that opens Amigos Night Club, LLC. J0F 101T 5/02 DEMAND FOR COMPLIANCE OR RIGHT TO POSSESSION NOTICE Night Club for Lease Page 1 of 2 V A CL denver all housing office & commercial Reply cjfkr-3908118620(4 hous.craigslist.org(21 flag : miscategorized prohibited spam best of Posted: 2013-07-01, 5:57PM MDT Night Club for Lease (Brighton) Tired of people telling you what to do...Lease your own Night Club and make over $5,000.00 a weekend if you have the determination, heart and love to be around people. The capacity is about 296 and it is fenced around the Club so you can have gigs outside as well. There is living quarters upstairs - a 3 bedroom w/kitchen, bathroom and living room. It can be for rent once you have established the clientele or you may purchase the Night club as well as the upstairs. When my parents had the Club, it was only opened Friday, Saturday and sometimes Sunday. They vacationed the rest of the week. http://denver.craigslist.org/off/3908118620.html 7/3/2013 Night Club for Lease Page 2 of 2 • Location: Brighton • it's NOT ok to contact this poster with services or other commercial interests Posting ID: 3908118620 Posted: 2013-07-01, 5:57PM MDT email to a friend © 2013 craigslist help terms privacy safety feedback about cl jobs FORMAT: mobile regular http://denver.craigslist.org/off/3908118620.html 7/3/2013 Tammy Waters O i. CO N O C m C: CO j v 'w V d O 00 to m m XN m o a) � .C H d U b • Y ¢1 M t • N Q M U O 1. O C -zQ in u-VJ a• m ✓ > = rts L_ o o O y N C o o Co C C n o E E E H a C w m « - a 0 L • 1,1 O a a T a u m m 'c E c N L L 'Q Q 3 a • V.6:1 n E o N o c a O C C N c O O • y 0. O >L O +' O O C T N c c 0 O E a E > 9 • w o c n y m o y 00 d S C N L- 3 C >. • 0 m O • u 0 Oo C O 8 E o E O .= 0 E Y E E E ✓ 23 CU o O a a'O a i m o `o O � • CO C C =O T o a w cm O N m N E o E 46i v C E E • O 0 E4.1 o • m « T w ✓ o ▪ 0 0 • N ✓ 3 o W a L o z o $ • o 772 _ o C m o E 0 a v o 'C C • C N u a v Please send refund to this address 13743 steele ct Thornton co 80602 thanks so much .weld.co.us> wrote: On Jul 3, 2013 12:32 PM, "Esther Gesick" <e Michelle and Joe, m 00 L Co U U1 C .O • T C N O o • -3 T C O m Y .- a) an a — N N C -Q C O 3 c 6 > C 4- — 2 w m _N c 3 o a`1 m UO CO Q Q 41 CO C Y CO C C Y y N C i• t L Y Y a) 15 CO o4 L • m CD uo W E •> N co t • Y Q CO Q a1 w a i o • T 41 N L Y E C O0 N W C o O Q VI m CU 'O • MI C 3 a S cO N O tk W -c Y m a c > m o U C. v tC C O U aJ L h O E 1- C 0 0 u O Y Q a) a▪ ( N aJ al Cl_ al N CI r Y O C) C O U, a) C 4-. C CU E m C CO s_ i aJ (0 C C0 a) E v a) tn w L O 0 O C O tin C "O cu O a Esther E. Gesick Deputy Clerk to the Board/Office Manager 1150 O StreetIP.O. Box 758IGreeley, C a) O 3 6 N d C m p N V N O O ri U M sC' E O dc Mo C O . V b j at' o p m u Cr 'y O Uj W L V N Ewn {L • VI F VI d back to the the address listed in the IHR. Unless otherwise b C) On Wed, Jul 3, 2013 at 12:24 PM, Esther Gesick <e O M Robin Eaton Liquor Enforcement Colorado Department of Revenue July 11, 2013 TO: Michelle Williams, Leaser of Amigos Night Club, LLC, located at 1490 W.C. R. 27, Brighton, Colorado 80603. This is to notify you that you have received two (2) Notices of Demand Possession of Property and have not complied. We have given you ample opportunity to comply with Amigos Night Club LLC Lease, but you have failed to pay the full remainder of June's rent which is $700.00. Also, July's rent has not been received which is $3,500. Both come to a total of $4,200. We are giving you two options that you can comply with: 1. Sign the Transfer of License Form and pay the remainder of June's rent ($700.00) and the first 11 days of July's rent ($112.91 per day) which is $1,242.91 which totals $1,942.91; and we will cease Amigos Night Club LLC Lease; or 2. You can do nothing and we will proceed with Court procedures for the amount of $35,700.00 in which we will also ask for interest at 7% of the $35,700.00. As well as ask for Amigos Night Club LLC, to pay for all Court Cost, etc. Please sign your name next to the option you have taken. Option #1 Option #2 Both parties have agreed to the above Option by signing below: Michelle Williams, Leaser of Amigos Night Club LLC Date 1490 W.C. R. 27, Brighton, CO 80603 Mary Sipres, Owner, Sipres Lounge Date 1490 W.C. R. 27, Brighton, CO 80603 Notary: Date: Tammy Waters ro ro to (11 4-1 § k 7us N/ 4-, a j§ a oc cv -\CCO C § bI3 NI !k\{) / ) \\j7Q ) E®J! _ 0.1 - Qo.§) er&LO G Cin co to a me9® \ §\/( si0 /_0i §« a E/o a�kk \ /0 on c o \( Cb \c5 2 C }\\ 5)( \\\ ra 2o CU Z To c cc LT 0 hotmail.com] Here is the document, if you have questions let my Mom know since I will be gone. Hope all is good. E e § kk Tammy Waters From: Joe Archuleta [theinkid5@gmail.com] Sent: Wednesday, July 10, 2013 1:17 AM To: Tammy Waters Subject: Fwd: Notice of Agreement Attachments: Final Eviction Notice to Michelle Williams Amigos NC.docx Forwarded message From: "Martha Griego" <hotdamm7@hotmail.com> Date: Jul 9, 2013 12:48 PM Subject: Notice of Agreement To: "theinkid5Agmail.com" <theinkid5@,gmail.com> Cc: "many sipres" <msipres@live.com> Hi Michelle and Joe The word is that you all are deciding to leave the premises. I wrote a document to give you a fair warning of what to expect or for us not to expect. I have attached the document and if you don't contact me or my Mother by the end of today the 9th of July, we will proceed with the Court Proceedings in which you will be indebted to over $35,000.00. 1 Hello