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Home My WebLink About20133482.tiffRESOLUTION RE: APPROVE APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR LICENSE FROM RM, INC., DBA ROOM 119, TO EL RANCHO GRANDE, LLC, DBA EL RANCHO GRANDE NIGHT CLUB, AND AUTHORIZE CHAIR TO SIGN - EXPIRES JANUARY 20, 2015 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, El Rancho Grande, LLC, dba El Rancho Grande Night Club, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors, said license previously held by RM, Inc., dba Room 119, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the required fees to the County of Weld for a Transfer of Ownership of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3101 Highway 119, Longmont, CO 80504 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 2014-1 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 January 20, 2014, 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. CGS. � So 2013-3482 /-27-/1/ LC0019 TRANSFER OWNERSHIP OF LIQUOR LICENSE - EL RANCHO GRANDE NIGHT CLUB 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 18th day of December, A.D., 2013. ATTEST: a y.� Weld County Clerk to the Board BY: eputy Cle to the Boar FORM: County Attorney Date of signature: JAN 2 2 2014 BOARD OF COUNTY COMMISSIONERS WELD QUNTY, COLORADO -117 G'� William F. rcia, Chair Dougl Radema er, I≤ro-Tem c 'r?�€ean P. Conway 2013-3482 LC0019 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 EL RANCHO GRANDE LLC dba EL RANCHO GRANDE NIGHT CLUB 3101 HIGHWAY 119 LONGMONT CO 80504 ALCOHOL BEVERAGE LICENSE Liquor License Number 4702537 License Expires at Midnight January 20, 2015 License Type TAVERN (COUNTY) Authorized Beverages MALT, VINOUS, AND SPIRITUOUS This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1881 Pierce Street, Suite 108, Lakewood, CO 80214. In testimony whereof, I have hereunto set my hand. 1/21/2014 RLE Division Director Executive Director THIS LICENSE EXPIRES JANUARY 20, 2015 1 �1 LIQUOR LICENSE [NOUS, AND SPIRIT ncho Grande Night CI wing paid to the County 'cant is hereby licensed drink for consumption in the County of Weld, January, 2015, unless thi nado and especially und -,ssioners has hereuntc i.� BY yl TO BE POSTED IN A CONSPItir PLACE. NON -TRANSFERABLE. City DR 8404 (05/07/09) Pegs 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 COLORADO LIQUOR RETAIL LICENSE APPLICATION 21 0 NEW LICENSE 7TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303.370.2165) 1. Applicant is applying as a ❑ Corporation O Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; If partnership, at least 2 partners names: if corporation, name of corporation g1 RQndao & c4c]cle ) 2a.Trade Name of Establishment (D A) El RrAtM(;) ClSQuat W lekV \ l`1ub 3. Address of Premises (specify exact location of premises) 3'O1 Htstnwoy 114 �t1 Mailing A (dress (Number and DEPARTMENT USE ONLY O Individual Limited Liability Company ❑ Association or Other Street) 4. al(5O tic) -Ott 5. If the premises currently have a liquorrbr beer license, you MUST answer the following questions: County City or Town Tnnei r rIA pct (—State Sales Tax Nn 29 - q344L/14 Present Trade Name of Establishment (DBAI Doom / /4 HAD =.:SECTION A "' NONHEFUIISDABLE APPLICATION FEES 2300 ❑ Application Fee for New License $1,025.00 2302 ❑ Application Fee for New License - w/Concurrent Review $1,125 00 2310 R Application Fee for Transfer $1,025.00 LIAR SECTION' B LIQUOR LICENSE FEES 1905 ❑ Retail Gaming Tavern License (City) $500.00 1906 ❑ Retail Gaming Tavern License (County) $500.00 1940 ❑ Retail Liquor Store License (City) $227.50 1941 ❑ Retail Liquor Store License (County) $312.50 1950 ❑ Liquor Licensed Drugstore (City) $227.50 1951 ElLiquor Licensed Drugstore (County) $312.50 1960 O Beer and Wine License (City) $351.25 1961 0 Beer and Wine License (County) $436.25 1970 ❑ Hotel and Restaurant License (City) $500.00 1971 0 Hotel and Restaurant License (County) $500.00 1975 0 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 0 Hotel and Restaurant License w/opt premises (County) $500.00 1983 ❑ Manager Registration- H & R $ 75.00 Present State License No. y2--928 s 0000 state Co State Co Present Class of License Fein Number Business Telephone 303- sop -A261 ZIP Code 8c1OJ1 ZIP Code 5'033 PreseDtF,wjation Date LIA@ SECTION B(CONT.) dLIQUOR LICENSE FEES 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 0 Club License (County) $308.75 2010 ❑Tavem License (City) $500.00 2011 [fit vern License (County) $500.00 2012 E 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 ❑ Vintners Restaurant License (County) $750.00 2220 ❑ Add Optional Premises to H & R $100.00 X Total 2370 ❑ Master He Location Fee $ 25.00 X Total _ 2375 ❑ Master File Background $250.00 X Total DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County Cny Industry Type License Account Number Liability Date License Issued Through (Expiration Date) FROM TD State -750 (999) City 2180.100(999) County 2190-100(999) Managers Reg -750 (999) TOTAL Cosh Fund New License 2300-100 (999) 2310-100 (999) • 2013-3482 DR 8404 f05107109) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET 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 12'A. Applicant/Licensee identified. 2.'"B. State sales tax license number fisted or applied for at time of application. ['''.C. License type or other transaction identified. -'b. Return originals to local authority. E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES ye A. No larger than 8 1/2" X 11". EI B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). Wr C. Separate diagram for each floor (if multiple levels). [t D. Kitchen - idenlfied if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ■ A. Deed in name of the Applicant ONLY (or) [;irB. 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 d A. Individual History Record(s) (Form DR 8404-I). IFI B. Fingerprints taken and submitted to local authority. (State authority for master fife 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) E A. Certificate of Incorporation (and/or) VB. 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) dA. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). V B. Copy of operating agreement. ❑ C. Certificate of Authority (if foreign company). VIII. APPLICATION MANAGER REGISTRATION FOR HOTEL AND RESTAURANT, TAVERN LICENSES WHEN INCLUDED WITH THIS ■ A. $75.00 fee. 2<8. Individual History Record (DR 8404-1). DR 8404 (05/07/09) 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- Yes No holders or directors It a corporation) or manager under the age of twenty-one years? I_ ( 7. Has the applicant (including any of the partners, if a partnership; members or manager It 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? LI [V (b) had an alcohol beverage license suspended or revoked? L] 2' (c) had interest in another entity that had an alcohol beverage license suspended or revoked? n I2" It you answered yes to 7a, b or c, explain in detail on a separate sheet. 8. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes,' explain in detail. II] 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 prinapal campus of any college, university or seminary? E 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, it a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? It yes, Identify the name of the business and list any current or former financial interest In said business Including any loans to or from a licensee. El Cr 11. 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 [(Lease 7 Other (Explain expiration, EXACTLY as they appear on the lease: a. It leased, list name of landlord and tenant, and date • Landlord Ro�O� (> �n s Tena^' El Ronal() qtr �C-, Expires `� Sc:P1(c/let walls, partitions, (Doesn't have Attach a diagram and outline or designate the area to be licensed (Including dimensions) which stows the bars, brewery, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 12' X11". to 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 tor 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 with Optional Premises Yes No Has a local ordinance or resolution authorizing optional premises been adopted? Li Number of separate Optional Premises areas requested. (See License Fee Chart) 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 Yes No Pharmacy'? GOP'? MUST BC ATTACHED. CI 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 requ red) and attach: for a national, social, fraternal, patriotic, political or athletic purpose and Yes No El EF chartered branch, lodge or chapter of a national organization which is or fraternal organization or society, but not for pecuniary gain? Li RI (d) Has applicant occupied an establishment for three years that was operated solely for the reasons stated above? .J Ldp 16. Brew -Pub License or Vintner Restaurant Applicants answer the following: Yes Nn (a) Has the applicant 'eceived or applied for a Federal Permit? Q I (Copy of permit or application must be attached) 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 licensed establishment in the State of Colorado? If ,b 03,1M (If this is an 8404-I). Date of Birth ,R\Se, the manager must also submit an Individual History Record (DR a financial interest in, any other liquor yes, provide name, type of license and account number. YPC Nom, 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 Yes No in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? ❑ i?(' If yes, provide an explanation and include copies of any payment agreements. DR 8404 (05/07109) 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 Ilst any stockholders, partners, or members with OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404-1 (Individual History record), and submit linger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED' A OS . I b c�y� 'O• '� -- �. tl il ?r4ce 'ThotnexiC M-FM43et / oO Isol33 'If total ownership percentage disclosed here does not total 100% applicant must check this box ❑ Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant Additional Documents ❑ CORPORATION to be submitted by C' Cert. of Incorp. C Partnershipc-Agreement COMPANY I LI Articles OR OTHER Attach copy of type of entity Good Standing (if more than 2 yrsold) a Cert. of Auth. (if a fo eign corp.) or Limited) LI Husband and Wife partnership (no wntte greement) ❑ Cert. of Authority (if foreign company) Operating Agrmt. creating association or relationship between the parties El Cert. of Ill PARTNERSHIP (General of Organization agreements ELIMITED LIABILITY ❑ ASSOCIATION Registered Agent (if applicable) -656 6 . -e RA-- Address for Service 8'gY 6. 616 p l e NettAill, �o 23 3 w. .. 7('' rl. .. 3�,i ,.. sac -, `I 1r` ..a'. * pri,.A TH OF APPLiC�IT` c ,. ,...c.. •• Y��r • -- • ir•- � declare under enalty ofter/ury in the sewn, d degre�: hat this' applicatrA gill all atla[chments are true, to tlie,6est trig` powledg� s1 also acicrrowledge th f rls myxesponsibi!rty and the responsfb:kly of myage to corppik,wlth t ;TIf9vrstons of the Color, do,1 lgtlorbr;BeerCo iewhich affect my license .:;} :. '.' �� .�� ry Cot�rpl ete of ei OR/ tts a R/ liplo ees)-, Authorized Signature ,ACi 5i. 6. W►3.5�• ° Title M em_8 Date gig/ g > 13 yy REPORT ►ND u PROVAL 7LO6AL L1 s1NG yA ° ' ORITY (CITY/C'OU N1 Date application -7k1 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)) G.R.S. THE LOCAL LICENSING AUTHORITY That each person required to tile DR Been fingerprinted Been subject to background investigation, That the local authority has conducted, compliance with, and aware of, liquor (Check One) Date of Inspection or Anticipated [] Upon approval of state licensing HEREBY AFFIRMS: 8404-1 (Individual History Record) has: including NCIC/CCIC check for outstanding warrants or intends to conduct, an inspection of the proposed premises to code provisions affecting their class of license Date ensure that the applicant is in Yes No • ❑ D authority. The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that 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 County Telephone Number 970-356-4000 x 4225 ❑ TOWN, CITY V] COUNTY Signature J - Title Chair, Board of County Commissioners Date DEC 1 8 2013 Signature ( est) hi : 11)-4, _ Deputy Clerk to the Board Date DEC 8 2013 ao/3- 3yS7' STATE COLORADO RTD riR elm (;):2.!'6111) DEPARTMENT OF REVENUE DENVER CO 80201-0013 Must collect taxes for: SALES TAX LICENSE USE ACCOUNT NUMBER for all references LIABILITY INFORMATION ! ISSUE DATE C(:I¢1•,y c-1 -Slur.-, Iv'e 1::t;,'.:y date rt,,Slh Celt/ year 29936644.0000 03-0156-073 L 070113 Oct 18 13 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION IN A CONSPICUOUS PLACE: RANCHO GRANDE 3101 DIAGONAL HWy' I.ONGMONT CO 80504 IIIlllffl,Iflll#If lil`f'flflJIflJIlIIIIIuif if ( lf,fffll.11ll,lIifl RANCHO GRANDE 2884 E 116TH PL THORNTON CO 80233-2438 A Detach Here LICENSE VALID 1O DECEMBER 31 2015 THIS LICENSE IS NOT TRANSFERABLE 1 Executive Director Department of Revenue Letter Id: L0510688576 important Verification Process if you are new to Colorado sales tax visit: www.Colorado.gov/revenue/salestaxbasics VERIFY that all information on your sales tax license is correct. Modify and update any errors you identify on the Internet through Revenue Online. Access your tax account, file returns, submit payments, verify sales tax licenses and view sales tax rates through Revenue Online at lwww.Colorado.gov/RevenueOnline Ail the information you need to register is on this document; have it with you before you begin. Follow these easy steps. 1. Go to www.Colarado.gov/Revenue0nline 2. Click on the Sign Op (individual or Business) link on the right. 3. Click on Continue Now click on: Enter Taxpayer Information. Click on the down arrow in the Account Type list and select Other. Use the first 8 -digits of the account number shown on your license. Complete the rest of the screen. Next dick an: Enter Login information and complete the screen (this is information YOU get to create for the account). Next click on: Enter Account Information and complete the screen. Your Letter ID is: L0510688576 Then click the Submit button You will see a confirmation page on your screen. You should receive a confirmation email from the Colorado Department of Revenue. If you do not, check your Junk email folder. Once you have your Authorization Code return to Revenue Online via €e link in your email. Enter the Login ID and Password you created. 1. Click on the Login button. 2. Enter the Authorization Code from your email (first time only). 3. Click Login. You should then be in your account. NOTE: If you have additional tax types registered under the same Account Number, such as withholding, you will be able to view those tax types through the account. You do not need to create separate Login IDs and Passwords for each tax in your account. Filing Returns To file a return, go to Revenue Online(www.Colorado.gov/RevenueOnline). You must file a return for each reporting period. If you have no tax to report, file a "zero" return. Tax reporting and payment are your responsibility. To avoid late penalties and interest; file online on or before the due date. If you discontinue sales, you may close your business location through Revenue Online Learn more and avoid unnecessary errors by attending our free sales tax classes] Sign up at www.TaxSer inars.state.co.us COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St, Denver CO 80261 September, 2005 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: ® Paid in full. There are no outstanding accounts with any Colorado Wholesalers. p 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: ❑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 b day of 200 13 .7 Seller: Buyer: 'Rrn A7( JJ,2.2'g5`Coo0 Et -Ratio-10 GSUW1 . LLC Licensee & License Number Applicant 'Sot M 1 1 C r I I2AA,cout C• Trade name Trade name n ado) 4 Pic In -C Signature C tyj nAn( Position Rcici(o )1/2e o 4ee Print Name a G. :rPR4 Signature Position OS C• AW1LN Print Name SOOT Fi rn RE: RM INC. dba ROOM 119 3101 HIGHWAY 119; LONGMONT CO 80504 TAVERN LICENSE, PUBLIC APPLICATION APR 2011 DANCE LICENSE COMMERCIAL, LEASE (N) This Commercial Lease (the "Lease") is made on May 30. , 2013 (date) and is entered into by and between Landlord (as defined below) and Tenant (as defined below).t consideration of the payment of the Rent (as defined below); all costs, charges, and expenses which Tenant assumes, agrees, or is obligated to pay to Landlord pursuant to the Lease (the "Additional Rent"); and the performance of the promises by Tenant set forth below, Landlord hereby leases to Tenant, and Tenant hereby accepts, the Premises (as defined below), subject to the terms and provisions set forth in the Lease. 1. Landlord: RODOLFO MONTES, a(n) [Individual] (the "Landlord"), 2. Tenant: , individuals] (the "Tenant"). El Rancho Grande LLC C' 3. Premises: Landlord is the owner of certain real estate legally described as 3101 HIGHWAY 119 in WELD COUNTY Colorado (the "Real Estate"). The Real Estate is improved with a SINGLE STORY BUThDXRG (the "Improvements") (the Real Estate and the Improvements are collectively referred m as the 'Rm hereby leases and demises to Tenant the following described portion of the Proper) Landlord panty: ENTIRE PROPERTY. 4. Term: LandlordLeasesthePremisestoTenant from twelve o'clocknoonante I dayofAUGUST 2013 and until 11:59 p.m. on the 30" day of SEPTEMBER 2015 (the "Term"). Subject to Tenant's performance of all obligations under the Lease, including, without limitation, payment of Rent and Additional Rent, Tenant shall enjoy quiet possession of the Premises. PARTIES, PREMISES, AND DEFINED TERMS fll rOQn 5• Rent Rental for the first year of the Term is AS SHOWN THE ADDENDUM and payable in installments in advancetoLandlord on the fast day ofeachcalendar month fortbatmonth's rental before twelve o'clock noon, withoutnotice (the 'Rent"), Unless otherwise provided in the Lease, all payments due under the Tense, including Additional Rent, shall be mailed, or delivered to Landlord at the following address: Rent shall be.Ifthe Term does not begin on the first day of the montir,the prorated accordingly. 6. Option: Tenant shall have the option to extend the Term, pursuant to the terms and conditions contained herein, for an additional THREE (31 YEAR period (the "Option") . In the event Tenant desires to exercise the Option, Tenant shall, at least 120 days before expiration of the Term, provide Landlord with written notice of its intent to exercise the Option. Rent shall be adjusted and payable as -follows: t Defaults currently exist and thatnoTenantDefaultshaveoccurred overtleTeon shall rofty,L Leese chbayenlot beentno rued by Tenant as provided by the Lease. 7. Security Deposit: Prior to occupying the Premises, Tenant shall keep on deposit with Landlord a security, cleaning and damage deposit in the amount of FOUR THOUSAND FIVE HUNDRED and 0/100 Dollars ($100.00) as security for the retrn of the Premises at the expiration of the Term in as good condition as when Tenant • entered the Premises, normal wear and tear excepted, as well as the faithful, timely, and complete performance of all other terms, conditions, and covenants of the Lease (the "Security Deposit"). 8. Use: The Premises shall be used for BARAND NIGHT CLUB, provided this use conforms with applicable zoning regulations. Tenant shall not, without the prior written consent of Landlord, permit the Premises to be used for any other purpose. 9. UtilitiesfAddltlonal Rent: Tenant shall pay all of the utilities for the Premises indicated in this Page 1 of 12 Initlalg %'S. -h9 I. Landlord Tenant Paragraph 9 as Additional Rent and shall pay Tenant's Pro Rata Share of all other items in this Paragraph 9 as Additional Rent. Tenant's pro rata share of costs for purposes of the Lease shall be 100% ("Tenant's Pro Rata Share"). Tenant's Pro Rata Share is determined as a proportion of the whole of the improvements upon the Property, the denominator of which is the number ofthe square feet available to rent as determined by the Landlord and excluding common areas, and the numerator of which shall be the same square footage as the Premises. a. Utilities: Tenant shall be responsible for paying the following utilities on the Premises: ®Electric ®Gas ®Water ®Sewer laPhone ®Cable/Satellite T.V. ®Internet Access ®Refuse Disposal ElOther . ofthe Premises does not share meter facilities for utilities and if the utility or utilities are not provided as part ofthe CAM Costs (as defined below), tenant shall contract directly with all utility providers and all utility payments shall be directed to the respective utility providers. lithe Premises shares meter facilities for utilities, the charges shall be allocated to each tenant by Landlord based upon a reasonable basis and shall be payable to the Landlord as Additional Rent b. Tax Costs: Landlord shall pay all property taxes. e Landlord's Insurance Costs: The Landlord shall procure and maintain such fire and casualty, loss of rents, and liability insurance on the Property as it deems proper and appropriate ("Insurance Costs"). Tenant shall be responsible for paying Tenant's Pro Rata Share oflnsurance Costs. Such insurance shall not be required to cover any of the Tenant's property and the Tenant shall have no interest in any of the proceeds of such insurance. 10. Payment of Additional Rent: All Additional Rent shall be paid by Tenant to Landlord in equal monthly installments concurrent with the Rent Payments ofAdditional Rent shallbe calculated as follows: on, or before the commencement date ofthis Term, Landlord shall give Tenant a statement of the estimated annual CAM Costs, Tax Costs, and Insurance Costs for the Property ("Estimate of Costs"). Tenant shall pay Additional Rent to Landlord based upon the Estimate of Costs divided by twelve (12). The Estimate of Costs shall be the basis of such Additional Rent calculated until Tenant is notified by Landlord of a change thereof. Within ninety (90) days of the end of each calendar year, Landlord shall compute actual CAM Costs, Tax Costs, and Insurance Costs for the preceding year (the "Actual Costs"). Landlord shall provide Tenant with a statement of Actual Costs. In the event that Tenant's payment of Additional Rent for said calendar year totals less than the Tenant's pro -rata share of the Actual Costs, Tenant shall be obligated to pay Landlord, within ten (10) days of receipt of statement, the difference between Tenant's pro -rata share of Actual Costs and the Additional Rent actually paid for said calendar year. In the event Tenant's Additional Rent actually paid for said calendar year exceeds Tenant's pro -rata share of Actual Costs, such excess shall be credited to Tenant's account The Actual Costs of the prior calendar year shall be used for the purpose of calculating the Estimate of Costs for the then current year. 11. Late Payments: If any Rent, Additional Rent, or other payment is r s v d later than TEN (10) days after the date when due, the parties agree that Additional Rent in the amount o f� percent (SQ %) of the outstanding sums shall also be due and payable. The addition of such amount and the collectionthereofshall not operate to waive any other rights of landlord for nonpayment of Rent, or for any other reason. 12. Repairs and Maintenance of the Premises: The ['Tenant HLandlord shall maintain the foundation, exterior walls, and roof of the Improvements in good repair. The taTenant ['Landlord agrees to keep all the other improvements (including plate glass and other windows, window frames, and doors) upon the Premises repaired and maintained in good order as described in the Lease. The ®Tenant OLandlord shall properly irrigate and care for all trees, shrubbery, and lawn and the ®Tenant aLandlord shall keep all driveways, sidewalks, and parking areas on the Premises free and clear of ice and snow. 13. Parking. For the Term, Landlord grants to Tenant and its employees and invitees, at no additional charge, a Parking License. The Parking License is a non-exclusive license for the use of IRE parking spaces upon the Property (the "Parking License"). The Parking License shall be effective for the term of the Lease as defined below. Landlord and Tenant shall not designate specific spaces for the Parking License prior to commencement of the Term. PREMISES Page 2 of 12 Initials:" Landlord Tenant 14. Condition of Premises and Representations: Tenant is familiar with the physical condition of the Premises and the Property. Except as may otherwise be provided in the Lease, Landlord makes no representations, or warranties as to the physical condition of the Pie wises, or the Property, or their suitability for Tenant's intended use. In the event that Landlord agrees to provide any renovations, build -out, or any other labor and materials for the improvementofthePremises, or any allowance for improvements to be effected by Tenant, such work, or allowance shall be specified and agreed to between the parties in a separate document appended to this Lease and which shall constitute a part of this Lease ("Work Letter"). Other than the work, if any, to be performed pursuant to Tenant's Work Letter, the Premises are rented "as is," in current condition, and all warranties are hereby expressly disclaimed. Landlord makes no representations, or warranties as to the suitability of the Premises for Tenant's intended use. Landlord further makes no representations, or warranties as to whether Tenant's intended use will necessitate changes, or alterations to the Premises in order to comport with local, state, or federal laws and regulations. Such laws and regulations include, but are not limited to: health code regulations, access regulations (including, but not limited to, the Americans with Disabilities Act), and zoning regulations. Tenant understands and agrees that lathe event actions, alterations, or improvements are required in order to bring the Premises into compliance with any local, state, or federal laws and regulations because of Tenant's intended use, Tenant shall be solely responsible for any and all associated costs and expenses relative thereto. Tenant further indemnifies and agrees to hold Landlord harmless from any and all claims and liabilities that may arise by virtue of Tenant's use of the Premises in violation of any local, state, or federal laws and regulations. 15. Check -In Inspection: Landlord and Tenant may conduct an inspection of the Premises at the time of possession. A check -in inspection sheet may be completed at that time and the information contained therein shall be sufficient and satisfactory proof of the condition of the Premises at the time of possession, should a subsequent dispute arise at a later date as to the condition of the Premises at the time of move -in. 16. Use of Premises: Tenant, in consideration of the leasing of the Premises, agrees as follows: a. Use of Premises: To use and occupy the Premises solely as and for the use specified in Paragraph 8 of the Lease. Landlord's consent to the aforementioned use is not an assurance, or warranty that the Premises' attributes are sufficient for Tenant's use. Tenant represents and warrants that it has conducted sufficient due diligence to assure itself that the Premises are suitable for its use, and that such use is permitted by applicable law. b. Signage: Tenant shall be permitted to erect a sign or signs upon the Premises, provided all signage is in compliance with size and other requirements of Landlord and as may be set forth by applicable ordinances and regulations including, but not limited to, sign and design ordinances. All signage shall conform to aesthetic and design criteria, themes, andstandards ofthe Property and the Improvements. Additionally, Landlord mayprovidesignage space on a common, or community sign located on the Property. e. Vacancy: It will be deemed a Default of the I _ease if the Premises are left vacant and unoccupied for over thirty (30) days. ht addition to other remedies contained in the Lease, the Landlord may, without being obligated to do so, and without terminating the Lease, retake possession of the Premises and relet, or attempt to relet them for such rent and upon such conditions as the Landlord deems best, making such changes and repairs as may be required, giving credit for the amount of rent so received, less all expenses of such changes and repairs. Tenant shall be liable for the balance of the Rent and Additional Rent herein reserved until the expiration of the Term. d. Legal Compliance: Tenant and its licensees and invitees shall comply with and abide by all federal, state, county, and municipal laws and ordinances in connection with the occupancy and use of the Premises. Tenant and its licensees and invitees may not possess, or consume alcoholic beverages on the Premises unless they are of legal age. No alcoholic beverages shall be sold upon the Premises unless proper licenses have been obtained. No illegal drugs or controlled substances (unless specifically prescribed by a physician for a specific person occupying or present upon the Premises) shall be permitted upon the Premises. Tenant hereby covenants and agrees to use its reasonable efforts to prevent and preclude its employees, guests, invitees, etc. from the aforementioned illegal conduct. Tenant and its licensees and invitees shall not use the Premises in any way that may result in an increase of the rate or cost to the Landlord to insure the Property. No hazardous or dangerous activities are permitted upon the Premises. Initials: R• rn 3 -� Page 3 of 12 Landlord Tenant e. Additional Prohibitions: Neither Tenant nor its subtenants, licensees, volunteers, employees, guests, or invitees shall act in any manner that would interfere with, or be a nuisance to, other subtenants, occupants, or invitees ofthe Premises, or adjacent property owners, or adjacent tenants, or that would interfere with those other parties' quiet enjoyment of their premises. Said prohibition includes, but is not limited to, loud noises, loud music, noxious or `4I _ unpleasant odors, and disruptive behavior or actions. Tenant shall not permit any portion of the Premises to be used in I a mannerthatmay endanger the person or property of Landlord, co -tenants, or any person living on or near the Premises. Tenant shall keep all portions of the Premises in a clean, safe, sanitary, and habitable condition. f. Pets and Animals: Pets or animals shall not be permitted upon the Premises. g. Storage/Trash: Tenant shall store all personal property entirely within the Premises. Tenant shall store all trash and refuse in adequate containers within the Premises, which Tenant shall maintain in a neat and clean condition, or within designated Common Areas so as not to be visible to members ofthe public in, or about the Property, and so as not to create any health or fire hazard. h. Hazardous Material Prohibited: Tenant shall not cause or permit any hazardous material to be brought upon, kept or used in, or about the Premises by Tenant, its agents, employees, contractors, or invitees. If Tenant breaches the obligations stated in the preceding sentence, or lithe presence ofhazardous material on the Premises caused, orpermitted by Tenantresults in contamination ofthe Premises, or if contamination ofthe Premises by hazardous material otherwise occurs forwbichTenantis responsible to landlord for resulting damage, then Tenant shall indemnify, defend, and hold Landlord harmless from any and all resulting claims, judgments, damages, penalties, fines, costs, liabilities, or losses. i. Quiet Enjoyment: Landlord agrees that upon Tenant paying the Rent and performing Tenant's obligations under the Lease, Tenant shall peacefully and quietly have, hold, and enjoy the Premises throughout the Term or until the Lease is terminated pursuantto its terms. Landlord shall not be responsible for the acts or omissions of any other tenant or third party that may interfere with Tenant's use and enjoyment of the Premises. In the event of any transfer or transfers of Landlord's interest in the Premises or in the Property, other than a transfer for seanity purposes only, the Landlord shall be automatically relieved of any and all obligations and liabilities accruing from and after the date of such transfer. j. Rules and Regulations; Landlord shall provide Tenant with a copy of all rules and regulations affecting the Premises, and Tenant shall abide by all such rules and regulations. 17. Subletting or Assignment: Tenant shall not sublet the Premises or any part thereof; nor assign the Lease or any interest therein, without the prior written consent of Landlord. Such consent shall be at the sole discretion of Landlord. As a condition of assignment or sublease, Landlord may require the continued liability of Tenant or a separate personal guaranty by Tenant or its principal. IfTenant is a corporation, limited liability company, or other entity that is not a natural person, any change in ownership of more than thirty percent (30.0%) (over any period) of the ownership interest shall be deemed an assignment of the Lease. In the event an assignment or sublease is permitted, all payments from assignee or sub -lessee shall be made directly by said party to Landlord, and not through Tenant. 18. Surrender of Premises: Tenant will return the Premises to Landlord at the expiration of the Term in as good order and repair as when Tenant took possession, loss by casualty and normal wear and tear excepted. Any deterioration or damage caused by accident, abuse, carelessness, or negligence shall not be considered normal wear and tear. In the event that Tenant fails to redeliverthe Premises in appropriate condition, Landlord may restore the Premises to appropriate condition, including repair, replacement, and cleaning. The cost ofanywork necessitated shall be deducted from the Security Deposit; ifthe Security Deposit is insufficient to cover work performed, Tenant shall be obliged to pay the additional balance. 19. Removal of Fixtures/Redelivery: Tenant shall remove, at the termination of the Lease, provided Tenant is not in Default, Tenant's moveable trade fixtures and other items of personal property that are not permanently affixed to the Premises. Tenant shall remove the alterations and additions and signs made by Tenant as Landlord may request and repair any damage caused by such removal. Tenant shall peaceably yield up the Premises and all alterations Initials Page 4 of 12 Qin Sr__ Landlord Tenant and additions thereto (except such as Landlord has requested Tenant to remove); and all fixtures, furnishings, floor coverings, and equipment that are permanently affixed to the Premises which shall thereupon become the property of the Landlord. Any personal property of Tenant not removed within five (5) days following such termination shall, at Landlord's option, become the property of Landlord. PAYMENTS 20. Payments/Dishonored Checks: Payments shall be deemed received when actually delivered to, and received by, Landlord at the payment location. Dishonored checks and any checks received late inthemaiIwill be treated as late payments. Additional bank and handling charges may also be assessed in the event of a dishonored check. The foregoing items shall be deemed Additional Rent J andlord may require Tenant to replace such dishonored check with a money order, cashier's check, or other good funds. Landlord may further require that all subsequent payments after a dishonored check be paid with a money order, cashier's check, or other good funds. 21. Partial Payment: If any partial payment is made by Tenant, it shall be allocated first to the payment of Additional Rent, including, without limitation, utilities (if applicable) and other expenses; and second to unpaid Rent. Acceptance by Landlord of any partial payment shall not waive the right of Landlord to require immediate payment of the unpaid balance of Rent or waive or affect Landlord's rights to institute legal proceedings including, without limitation, an eviction action. 22. No Offset: No assent, express or implied, to any Default of any one or more ofthe agreements hereof shall be deemed or taken to be a waiver of any succeeding or other Default. The covenants set forth in the Lease are independent. Tenant shall have no right to withhold or set off any Rent due Landlord. SECURITY DEPOSIT 23. Security Deposit: a. SecurityDeposit:TosecurethefaithfulperformancebyTenantofallofTenant'scovenants, conditions, and agreements in the Lease to be observed and performed, Tenant shall deposit with Landlord the Security Deposit prior to commencement of the Lease. The Security Deposit may also be used in the event of termination of the Lease by re-entry, eviction, or otherwise. b. Application of Security Deposit: The parties agree: (1) that the Security Deposit or any portion thereof, maybe applied to the curing of any Default that may exist, and/or payment of subsequent damages and costs incurred by Landlord, without prejudice to any other remedy or remedies that the landlord may have on account thereof, and upon such application Tenant shall pay landlord on demand the amount so applied, which shall be added to the Security Deposit so it will be restored to its original amount (2) that should the Premises be conveyed by Landlord, the Security Deposit or any portion thereof may be turned over to Landlord's grantee, and if the Security Deposit is turned over, Tenant agrees to look to such grantee for such application or return; (3) that Landlord shall not be obligated to hold Security Deposit as a separate fund; (4) that should the Rent be increased, the Security Deposit shall be increased in the same proportion within thirty (30) days of such Rent increase; and (5) that should a Default occur, Landlord may, as an additional remedy, increase the Security Deposit at its sole discretion. c. Return of Security Deposit: If Tenant shall perform all of its respective covenants and agreements in the Lease, the Security Deposit, or the portion thereof not previously applied pursuant to the provisions of the Lease, together with a statement, shall be returned to Tenant without interest, no later than sixty (60) days after the expiration of the Term, or any renewal or extension thereof (or such earlier time if required by applicable law), provided Tenant has vacated the Premises and surrendered possession thereof to Landlord. REPAIRS AND MAINTENANCE 24. Improvements, Repairs, and Maintenance: Subject to the limitations set forth in Paragraphs 27 and 28 below, either Landlord or Tenant, as specified in Paragraph 12 above, shall be responsible for the cost and condition Page 5 of 12 Initials 'I''. Pr) 3 'a. Landlord Tenant of the respective improvements, repairs, and maintenance relating to all structural components, interior and exterior walls, floors, ceiling, roofs, sewer connections, plumbing, wiring, appliances, and glass used in connection with the Premises. 25. Landlord's Limited Responsibility:In the event Paragraph 12 of the Lease provides for Landlord's responsibility for certain repair and maintenance, Landlord shall be responsible for: (i) any repairs, replacements, restorations, or maintenance that have been necessitated by reason of ordinary wear and tear, and (ii) any repairs, replacements, restorations, or maintenance that have been necessitated by sudden natural forces, or acts of God, or by fire not caused by Tenant. The cost ofany maintenance, repairs, or replacements necessitated by the act, neglect, misuse, or abuse of Tenant, its agents, employees, customers, licensees, invitees, or contractors shall be paid by Tenant to Landlord promptly upon billing. Landlord shall use reasonable efforts to cause any necessary repairs to be made promptly; provided, however, that Landlord shall have no liability whatsoever for any delays in causing such repairs to be made, including, without limitation, any liability for injury to or loss of Tenants business, nor shall any delays entitle Tenant to any abatement of Base and Additional Rent or damages, or be deemed an eviction of Tenant in whole or in part. 26. Tenant's Allowed Responsibilities: In the event Paragraph 12 of the Lease provides for Landlord's responsibility for certain repair and maintenance, Tenant shall not perform or contract with third parties to perform any repairs of any kind upon the Premises or structure upon which the Premises are located. In the event any repair that is the responsibility ofLandlord becomes necessary, Tenant shall notify Landlord as soon as possible, and allow reasonable time for the work to be completed. Any unauthorized work performed or contracted for by Tenant will be at the sole expense of Tenant. 27. Tenant's Duty to Repair: In the eventParagraph 12 of theLease provides for Tenant's responsibility for certain repair and maintenance, Tenant shall, at Tenant's sole cost and expense, maintain the Premises, including, but not limited to, the plumbing, exterior plate glass, other windows, and window frames, electric wiring, HVAC equipment, fixtures, appliances, and interior walls, doorways, and appurtenances belonging thereto installed for the use or used in connection with the Premises (and including the foundation, exterior walls, and roof of the Improvements, if so provided in Paragraph 12). Tenant shall, at Tenant's own expense, make as and when needed all repairs to the Premises and to all such equipment, fixtures, appliances, and appurtenances necessary to keep the same in good order and condition. Tenant repairs shall include all replacements, renewals, alterations, and betterments (the "Tenant Repairs"). All Tenant Repairs shall be equal or better in quality and class to the original work In the event Tenant fails to complete Tenant Repairs, Landlord may obtain them and bill Tenant for such work as Additional Rent 28. Tenant Improvements: Unless otherwise provided in the Work Letter, Tenant shall be solely responsible for any and all improvements and alterations within the Premises necessary for Tenant's intended use of the Premises, including, but not limited to, electrical wiring, lINAC, plumbing, framing, drywall, flooring, finish work, telephone systems, wiring, and fixtures necessary to finish the Premises to a condition suitable for Tenant's use (the "Tenant Work"). 29. Improvements/Prior Landlord Consent: Tenant agrees to submit to Landlord complete plans and specifications, including engineering, mechanical, and electrical work covering any and all contemplated Tenant Work, if applicable, and any subsequent improvements or alterations of the Premises. The plans and specifications shall be in such detail as Landlord may require, and in compliance with all applicable statures ordinances, regulations, and codes. As soon as reasonably feasible thereafter, Landlord shall notify Tenant of any failures of Tenant's plans to meet with Landlord's approval. Tenant shall cause Tenant's plans to be revised to the extent necessary to obtain Landlord's approval. Tenant shall not commence any Tenant Work, or any other improvements, or alterations of Premises until Landlord has approved Tenant's plans. 30. Tenant Work and Repairs/Compliance with Codes/Mechanic Liens: Tenant shall procure all necessarypermits before undertaking Tenant Work or Tenant Repairs. Tenant shall perform all Tenant Work or Tenant Repairs in a good and workmanlike manner. Tenant shall use materials of good quality and perform Tenant Work or Tenant Repairs only with contractors previously approved of in writing by Landlord. Tenant shall comply with all laws, ordinances, and regulations, including, but not limited to, building, health, fire, and safety codes. Tenant hereby agrees to hold landlord and Landlord's agents harmless and indemnified from all injury, loss, claims, or damage to any person Initials: Page 6 of 12 3.a.• Landlord Tenant or property (including the cost for defending against the foregoing) occasioned by, or growing out of Tenant Work or Tenant Repairs. Tenant shall promptly pay when due the entire cost of any Tenant Work or Tenant Repairs on the Premises undertaken by Tenant, so that the Premises shall at all times be free of liens for labor and materials. Tenant hereby agrees to indemnify, defend, and hold Landlord harmless of and from all liability, loss, damages, costs, or expenses, includingreasonable attorneys' fees, incurred in connection with any claims of any nature whatsoever for work performed for, or materials, or supplies furnished to Tenant, including lien claims of laborers, materialmen, or others. Should any such liens be filed or recorded against the Premises or the Improvements with respect to work done for, or materials supplied to, or on behalf of Tenant, or should any action affecting the title thereto be commenced, Tenant shall cause such liens to be released of record within five (5) days after notice thereof. If Tenant desires to contest any such claim of lien, Tenant shall nonetheless cause such lien to be released of record by the posting of adequate security with a court ofcompetent jurisdiction as may be provided by Colorado's mechanic's lien statutes. If Tenant shall be in default in paying any charge for which such mechanic's lien or suit to foreclose such lien has been recorded or filed and shall not have caused the lien to be released as aforesaid, Landlord may (but without being required to do so) pay such lien or claim and any associated costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due from Tenant to Landlord as Additional Rent. 31. Common Area Maintenance: Landlord shall nse reasonable efforts to maintain and repair Common Areas of Property, including walks and parking lots. The cost of any maintenance, repairs, or replacements necessitated by the act, neglect, misuse, or abuse by Tenant, its employees, licensees, invitees, or contractors shall be paid by Tenant to Landlord. Landlord shall use reasonable efforts to cause any necessary repairs to be made promptly; provided, however, that Landlord shall have no liability whatsoever for any delays in causing such repairs to be made, including, without limitation, any liability for injury to or loss of Tenant's business, nor shall any delays entitle Tenant to any abatement of Rent or damages, or be deemed an eviction of Tenant in whole or in part. 32. Keys/Locks: Tenant shall not place any additional locks upon the Premises, including, butnot limited to, exterior and interior doors. Tenant shall not cause any of the locks or cylinders therein to be changed or re -keyed. 33. Waste/Rubbish Removal: Tenant shall not lay waste to the Premises. Tenant shall not perform any action or practice that may injure the Premises or Property. Tenant shall keep the Premises and the Property surrounding the Premises free and clear of all debris, garbage, and rubbish. Unless otherwise provided for in the Lease, Tenant shall be responsible for contracting for and paying for trash and debris removal required by Tenant's use of the Premises. DEFAULT, NOTICE AND REMEDIES 34. Default If Tenant is in arrears in the payment ofany installment of Rent, any Additional Rent, or any portion thereof, or is in violation of any other covenants or agreements set forth in the Lease (a "Default") and the Default remains uncorrected for a period of three (3) days after Landlord has given written notice thereof pursuant to applicable law, then Landlord may, at Landlord's option, undertake any of the following remedies without limitation: (a) declare the Term of the Lease ended; (b) terminate Tenant's right to possession of the Premises and reenter and repossess the Premises pursuant to applicable provisions of the Colorado Forcible Entry and Unlawful Detainer statute; (c) recover all present and future damages, costs, and other relief to which Landlord is entitled; (d) pursue Landlord's lienremedies; (e) pursue breach of contract remedies; and (f) pursue any and all available remedies in law or equity. In the event possession is terminated by reason of a Default prior to expiration of the Term, Tenant shall remain responsible for the Rent and AdditionalRent, subject to Landlord's duty to mitigate such damages. Pursuant to §§ 13- 40-104(d.5) and (e.5), and 13-40-107.5, C.R.S., hereby incorporated by reference, in the event repeated or substantial Defaults(s) under the Lease occur, Landlord may terminate Tenant's possession upon a written Notice to Quit, without a right to cure. Upon such termination, Landlord shall have available any and all of the remedies listed above. 35. Abandonment: In the event of an abandonment of the Premises, Landlord may, without being obligated to do so and without terminating the Lease, retake possession ofthe Premises and exercise any of the remedies contained in Paragraph 38 below_ 36. Re -Entry: In the event of re-entry by Landlord as a result of abandonment or a Default by Tenant: Page 7 of 12 Initials:St_LinJ - Landlord Tenant a. Tenant shall be liable for damages to Landlord for all loss sustained, including, without limitation, the balance of the Rent and Additional Rent, court costs, and reasonable attorneys' fees; b. Tenant's personal property and the personal property of any guest, invitee, licensee, or occupant may be removed from the Premises and left on the street or alley, or, at Landlord's option, it may be removed and stored, or disposed of at Landlord's sole discretion. Landlord shall not be deemed a bailee of the property removed and landlord shall not be held liable for the property. Tenant shall indemnify Landlord for any expense in defending against any claim by Tenant or third party and for any legal expense, cost, fine, or judgment awarded to a third -party as a result of Landlord's action under the term of the J Page; c. Landlord may attempt to relet the Premises for such rent and under such terms as Landlord believes appropriate; d. Landlord may enter the Premises, clean and make repairs, and charge Tenant accordingly; e. Any money received by Landlord from Tenant shall beapplied first toRent, Additional Rent, and other payments due; and Premises. f. Tenant shall surrender all keys and peacefully surrender and deliver up possession of the INSURANCE AND INDEMNIFICATION 37. Negligent Damages: Tenant shall be responsible for and reimburse Landlord for any and all damages to the Premises or Property and persons and property therein caused by the negligent, grossly negligent, reckless, or intentional acts of itself, its employees, agents, invitees, licensees, or contractors. 38. Liability Indemnification/Insurance: Tenant shall hold Landlord, Landlord's agents, and their respective successors and assigns, harmless and indemnified from all injury, loss, claims, or damage to any person or property while on the Premises, or any other part of the Property, or arising in any way out of Tenant's business, which is occasioned by anegligent, intentional, orreckless act, or omission of Tenant, its employees, agents, invitees, licensees, or contractors. Tenant shall maintain public liability insurance insuring Landlord and Landlord's agents, as their interest may appear, against all claims, demands, or actions for injury to or death in an amount ofnot less than one million dollars ($1,000,000) arising out of any one occurrence, made by, or on behalf of any person, firm, or corporation, arising from, related to, or connected with the conduct and operation of Tenant's business, including, but not limited to, events on the Premises and anywhere upon the Property. Tenant shall also obtain coverage in the amount of one million dollars ($1,000,000) per occurrence covering Tenant's contractual liability under the aforesaid indemnification clauses. 39. Fire/Casualty Insurance: Tenant shall maintain plate glass insurance covering all exterior plate glass in thePremises, fire, extended coverage, vandalism, and malicious mischief insurance and such other insurance as Tenant may deem prudent, covering all of Tenant's stock in trade, fixtures, furniture, furnishings, floor coverings, and equipment in the Premises. 40. Insurance Requirements: All of Tenant's insurance related to the Premises and the Property shall be in the form and from responsible and well -rated companies satisfactory to Landlord, shall name Landlord as an additional insured thereunder, and shall provide that the insurance will not be subject to cancellation, termination, or change except after at least thirty (30) days prior written notice to Landlord. The policies or duly executed certificates for such insurance shall be provided to Landlord prior to commencement of Term and upon request of Landlord. 41. Waiver of Liability: Landlord and Landlord's agents and employees shall not be liable for, and Tenant waives all claims for, damage to property sustained by Tenant, employees, agents or contractors, or any other person claiming through Tenant, resulting from any accident in or upon the Premises or the Property of which they shall be a part, including, but not limited to, claims for damage resulting from: (I) any equipment or appurtenances becoming out of repair, (2) Landlord's failure to keep the Property or the Premises in repair; (3) injury done or occasioned by wind, Initials: ' .� Page 8 of 12 .Landlord Tenant water, or other act of God; (4) any defect in, or failure of, plumbing, heating, or air-conditioning equipment, electric wiring, or installation thereof, gas, water and steam pipes, stairs, porches, railings, or walks; (5) broken glass; (6) the backing -up of any sewer pip; or down -spout; (7) the bursting, leaking, or running of any tank tub, sink, sprinkler system, water closet, waste pipe, drain, or any other pipe or tank in, upon, or about the Property or Premises; (8) the escape of steam, or hot water; (9) water, snow, or ice being upon, or coming through the roof; skylight, doors, stairs, walks, or any other place upon, or near such Property, or the Premises, or otherwise; (10) the falling of any fixtures, piaster, or stucco; (11) fire or other casualty; and (12) any act, omission, or negligence ofco-Tenants, or of other persons or occupants of the Property, or of adjoining or contiguous buildings, or of adjacent or contiguous property. 42. Third -Party Liability: Landlord shall not be liable to Tenant for any damage by or from any act or negligence of any co -tenant or other occupant of the Improvements, or by any owner or occupant of adjoining or contiguous property. Landlord shall not be liable for any injury or damage to persons or property resulting in whole or in part from the criminal activities of others. To the extent not covered by normal fire and extended coverage insurance, Tenant agrees to pay for all damage to the Improvements. 43. Landlord Insurance: Insurance shall be procured by Landlord in accordance with its sole discretion. All awards and payments thereunder shall be the property of the Landlord, and Tenant shall have no interest in the same. Notwithstanding the foregoing, Landlord agrees to obtain building liability and hazard insurance required to be carried for the Property and Premises and adequate hazard insurance, which covers replacement cost of the Property and Premises. 44. Indemnification Fees and Costs:In case any claim; demand, action, orproceeding is made or brought against Landlord, its agents, or employees, by reason of any obligation on Tenant's part to be performed under the terms of the Lease or arising from any act of negligence of Tenant or its agents or employees, or which gives rise to Tenant's obligation to indemnify Landlord, Tenant shall be responsible for all costs and expenses, including, but not limited to, reasonable attorneys' fees incurred in defending or prosecution of the same, as applicable. OTHER PROVISIONS 45. Destruction, or Condemnation ofPremises:Landlord's and Tenant's duties and responsibilities are as follows when destruction or condemnation of the Premises occurs: a. Partial Destruction of the Premises: In case of partial destruction of the Premises by fire, or other casualty, Landlord at its discretion may repair the Premises with reasonable dispatch after notice of said partial destruction. Tenant shall remain responsible for payment of Rent. Subparagraph (d) of this Paragraph shall apply if Landlord determines that the partial destruction will not be repaired. b- Premises Untenable: Ifthe Premises are made totally untenable by fire,the elements, or other casualty, or if the building in which the Premises are located is partially destroyed to the point where Landlord, within a reasonable time, decides not to rebuild, or repair, then Subparagraph (d) of this Paragraph shall apply. c. Condemnation: Ifthe whole orpart of the Premises are taken by any authority for any publi c or quasi -public use, or purpose, then Subparagraph (d) of this Paragraph shall apply. All damages and compensation awarded for any taking shall be the sole property of Landlord. d. Termination of Term: Tenant agrees that if Landlord decides not to repair, or rebuild the Premises where the destruction has occurred as described in Subparagraphs (a) and (b) of this Paragraph, the Term hereby granted by the Lease shall cease and the Rent and Additional Rent shall be prorated and payable up to the time of the cessation of the Term. A refund will be given for the balance of any Rent paid in advance for which Tenant did not have use ofthe Premises due to the cessation ofthe Term under the conditions of this Paragraph. Where the Premises have been taken due to condemnation as described in Subparagraph (c) of this Paragraph, the Term of the Lease shall cease and terminate upon the date that possession of the Premises is taken by the authority. Rent and Additional Rent shall be prorated and payable up to the time of the cessation of the Term. Tenant shall not hold Landlord liable for any damages as a result of any of the acts or events described in this subparagraph. Page 9 of 12 Initials: Landlord Tenant 46. Holdover: Tenant shall vacate the Premises and remove all of Tenant's personal property from the Premises prior to 11:59 ram. on the date the Term expires. Landlord may immediately commence eviction proceedings at its sole discretion_ If after the expiration of the Lease, Tenant shall remain in possession of the Premises and continue to pay Rent without a written agreement as ₹o such possession, then such tenancy shalt be regarded as amonth-to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's Rent paid under the Lease, and subject to all the terms and conditions of the Lease. 47. Entry by Landlord: Landlord may enter the Premises at reasonable hours for reasonable purposes (such as repairs, inspections, or re -letting to prospective new tenants), upon reasonable notice to Tenant Landlord may also enter the Premises in the event ofemergency, without notice, or in the event of vacancy ofthe Premises, as described in Paragraph 38. 48. Subordination/FstoppeUAttornment: The Lease shall be subordinate to all existing and future mortgages, deeds of trust, and other security interests on the Premises and to any and all extensions, renewals, refinancing, and modifications thereof Tenant shall execute and deliver whatever instruments may be required for such purposes, or for the purpose of informing a potential or existing lender or purchaser of the Property as to the status of its tenancy. Any such instruments or estoppel letters shall contain all information reasonably required by Landlord or other entity in conjunction with such transaction. Tenant agrees to attom to a lender or other party coming into title to the Property upon written request of Landlord. 49. Notices: All notices required to be sent under the I Pace shall be in writing and either. (i) delivered as provided by applicable law, including, inter alia, § 13-40-101, C.R.S., et seq., [Colorado Forcible Entry and Unlawful Detainer statute]; (ii) personally delivered, with proper proof of service; or (iii) sent via U.S. first class mail, postage prepaid. All notices required to be sent to Landlord shall be sent or delivered to the address where the Rent is to be paid, and all notices required to be sent to Tenant shall be sent or delivered to the Premises, unless otherwise specified in the Lease.Notwithstandingthe foregoing, all notices involving or concerning § 13-40-101, C.R.S., et seq. shall be delivered as provided by statute. 50. Attorneys' Fees: In the event Tenant or Landlord fails to perform any of its obligations under the Lease, or in the event a dispute arises concerning the meaning or interpretation of any provision of the Lease, the defaulting party, or the party not prevailing in such dispute, as the case maybe, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees. 51. Governing Law: The Lease shall be governed by and construed in accordance with the laws of the State of Colorado. Venue shall be proper in the county where the Premises are located. 52. Amendments and Termination: Unless otherwise provided in the Lease, the I .esice may be amended, modified, or terminated only by a written instrument executed by landlord and Tenant. 53. Captions: The paragraph titles or captions in the Lease are for convenience only and shall not be deemed to be part of the Lease. 54. Pronouns; Joint and Several Use of Certain Terms: Whenever the terms referred to in the Lease are singular, the same shall be deemed to mean the plural, as the context indicates, and vice versa All references to the "Landlord" shall mean Landlord and/or its authorized agents, contractors, or employees as may be required by the specific context All references to the "Tenant" shall mean each and every person comprising Tenant, or an individual person, or combination of persons comprising Tenant as may be required by the specific context. 55. Waivers: No right under the Lease may be waived except by written instrument executed by the party who is waiving such right. No waiver of any breach of any provision contained in the Lease shall be deemed a waiver of any preceding or succeeding breach of that provision, or of any other provision contained in the Lease. No extension of time forperformance of any obligations or acts shall be deemed an extension of the time for performance of any other Page 10of12 Initials: R a-) Landlord Tenant obligations or acts. 56. Heirs, Assigns, Successors: The Lease is binding and inures to the benefit of the heirs, assigns, and successors in interest to the parties, subject to the restrictions on assignment in Paragraph 18. 57. Time of the Essence: Time is of the essence of the Lease, and each and all of its provisions. 58. No Reservation of Option: Submission ofthis instrument for examination or signature by Tenant does not constitute a reservation of or option for lease, and is not effective as a lease or otherwise until execution and delivery by both Lessor and Tenant. 59. Credit Reports: Tenant hereby grants Landlord permission to obtain from time to time investigative consumer reports to ascertain the creditworthiness of Tenant and Tenant's guarantors, if applicable. 60. Corporate Authorization: If Tenant is a corporation, each individual executing the Lease on behalf of the corporation represents and warrants that he is duly authorized to execute and deliver the Lease on behalf of said corporation in accordance with a duly adopted resolution ofthe Board of Directors of the corporation and that the Lease is binding upon the corporation in accordance with its terms. Lessee agrees to provide Landlord with such a resolution within five (5) days of the execution of the Lease. 61. Severability: If any term, covenant, condition, or provision of the I race, or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of the Lease or the application of such term, or provision to persons, or circumstances other than those to which it is held invalid, or unenforceable, shall not be affected thereby, and each provision of the Lease shall be valid and shall be enforced to the fullest extent permitted by law. 62. Lead -Based Paint Disclosure Rule: Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre -1978 housing, landlords must disclose the presence ofknowo lead -based paint and/or lead-basedpainthazards inthe dwelling. Tenantmust also receive a federally approved pamphlet on lead poisoning prevention. In the event the Premises were constructed before 1978, Landlord shall comply with the Lead -Based Paint Disclosure, 42 U.S.C. § 4852d. 63. Other Applicable Laws: Federal, state, county, or municipal laws and ordinances may affect the Premises, the Lease, and Landlord/Tenant relationship that are not specifically addressed in the Lease. Landlord and Tenant should consult legal counsel prior to execution of the I ease to ascertain such information. 64. ADA Compliance: Tenant shall not cause or permit any violation of the Americans with Disabilities Act (the "ADA") to occur on, or about the Premises by Tenant, its agents, employees, contractors or invitees. Tenant shall indemnity, defend and hold Landlord harmless from any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, diminution in value ofthe Premises, damages for the loss orrestriction of use of rentable or usable space, damages arising from any adverse impact on marketing of space, and sums paid in settlement of claims, attorneys' fees, consultation fees and expert fees) that arise during or after the Term as a result of such violation. This indemnification of Landlord by Tenant includes, without limitation, costs incurred in connection with any investigation of site conditions or any remedial work required by any federal, state, or local governmental agency or political subdivision because of any ADA violation present on or about the Premises. Tenant shall be permitted to make such alterations to the Premises as may be necessary to comply with the ADA, at Tenant's sole expense and upon the prior written consent of Landlord. Without limiting the foregoing, if thepresenceof any ADA violation on the Premises caused or permitted by Tenant results in remedial work on the Premises, Tenant shall promptly take all actions at its sole expense as are required by any authority to comply with the ADA; provided that landlord's consent to such actions shall first be obtained, which shall not be reasonably withheld. 65. Additional Provisions: In the event that there are any additional agreements between the patties or provisions with respect to the Premises, an Addendum may be attached to the Lease, which shall be incorporated by this Initials: 'R r T Page 11 of 12 Landlord Tenant aep. Ju. IuFJ m4rii No. Ibi4 r. L reference as a part oft eLCase.AnAddendumcwnainingadditionalprovisions 11 attached, The Lease and the attached Addendum constitute the entire agreement between the parties. THE PARTIES SHOULD INITIAL EACH PAGE °E THE LEASE AND SIGN BELOW EACH PAItTYSHOULD RECEIVE A SIGNED COPY OF THE LEASE AND ANY ADDENDA - TENANTS; Date: 9-29— 2a19 GUARANTOR of applicable): [sigiabna] [Print Name] Date: Page 12 of 12 LANDLORD: RODOLPO MONTES RO O 40 041 ►t5 : 9/27/ i 3 InitialR'g ts\ _la__ t landlord Tenant oep. Ju. [Uri [:94r11 No. Ibi4 r. j FIRST ADENDUM TO THE COMMERCIAL LEASE BETWEEN ROOM 119 RODOLFO MONTEs AND EL RANCHO GRANDE LLCJOSE IBARRA This first addendum is to confirm that all parties desire to transfer the license from Room 119 to El Rancho Grande Night Club LLC. And that in the Event that El Rancho Grande goes out of business for any reason at all the license will remain in the building and Rodolfo will be able to transfer it to his name or any successor at his own expense. If the El Rancho Grande LLC will remain there after the 3 year lease they will pay the same amount of money up to the 6 year and then the lease should be revised and new terms will apply. Rodolfo Montes o. C�::nat9J\. sit Jose ibarra OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Scott Gessler, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, El Rancho Grande LLC is a Limited Liability Company formed or registered on 07/03/2013 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20131393216. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 09/09/2013 that have been posted, and by documents delivered to this office electronically through 09/10/2013 @ 15:03:30. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 09/10/2013 @ 15:03:30 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 8637584. Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State 's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site http://wwwsos.state.co.us/biz/CertificaleSearchCriteria.do entering the certificate 's confirmation number displayed on the certificate, and following the instructions displayed confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, hapiAvwsos.state.co.us/ click Business Center and select "Frequently Asked Questions." CERT CS_D Revised 08/20/2008 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. Fried Colorado Secretary of State Date and Time: 09/10/2013 03:01 PM ID Number: 20131393216 Document number: 20131524343 Amount Paid: $25.00 ABOVE SPACE FOR OFFICE USE ONLY Amended and Restated Articles of Organization filed pursuant to §7-90-301, et seq. and §7-90-304.5 of the Colorado Revised Statutes (C.R.S.) ID number: I. Entity name: 2. New Entity name: (if applicable) 20131393216 El Rancho Grande LLC (If changing the name of the limited liability company, indicate name before the name change) 3. Use of Restricted Words (f any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 4. If the limited liability company's period of duration as amended is less than perpetual, state the date on which the period of duration expires: Or ❑ "bank" or "trust" or any derivative thereof 0 "credit union" 0 "savings and loan" ❑ "insurance", "casualty", "mutual", or "surety" (mm/dd/yyyy) If the limited liability company's period of duration as amended is perpetual, mark this box: 5 The amended and restated constituent filed document is attached. 6. (Optional) Delayed effective date: (mm/dd/yyyy) 0 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. 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. 7. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: IBARRA JOSE G (Last) (First) (Middle) (Suffix) AMDRST_LLC Page 1 oft Rev. 12/01/2012 2884 E 116TH PL (Street name and number or Post Office Box information) THORNTON (City) CO 80233 (State) (Postal/Zip Code) United States (Province — if applicable) (Country — if not US) (The document need not state the true name and address of more than one individual However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box Q and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form 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. Questions should be addressed to the user's attorney. AMDRST_LLC Page 2 of 2 Rev. 12/012012 EL RANCHO GRANDE LLC 3101 HIGHWAY 119TH LONGMONT CO 80504 4) THE TRUE NAME AND MAILING ADDRESS OF THE PERSON FORMING THE LIMITED LIABILITY COMPANY ARE NAME: JOSE G IBARRA MAILING ADDRESS: 2884 E 116TH PL THORNTON CO 80233 OPERATING AGREEMENT OF EL RANCHO GRANDE LLC A Limited Liability Company (LLC) organized under the laws of the State of Colorado and managed by its members. I. FORMATION A. The effective date of this operating agreement shall be August 9th, 2013 B. This agreement is adopted by the members whose signatures are affixed at the`end of this agreement. C. The Articles of Organization (Certificate of Formation, etc.) was filed with the State of Colorado on August 10th, 2013. D. The registered office and agent are: Jose G Ibarra 2884E 116th P1 Thornton CO 80233 Changes in registered agent must be made by filing the appropriate forms with the State of Colorado. E. The specific business purpose(s) is (are) as follows: + The operation of a bar and nightclub. This LLC shall also be permitted to engage in any and all lawful business activities beyond the stated purpose above. It shall also be allowed to do business in states other than by obtaining proper qualification from those states prior to engaging in such business. F. The duration of this LLC shall be Perpetual II. MEMBERSHIP PROVISIONS A. Liability of Members: No members of this LLC shall be personally liable for the expenses, debts, obligations or liabilities of the LLC, or for claims made against it. 1 B. Reimbursement for Organizational Costs: Members shall be reimbursed by the LLC for start- up and organizational expenses paid by the members. C. Management: This LLC shall be managed exclusively by all of its members. D. Members' Percentage Interests: A member's percentage interest in this LLC shall be computed as a fraction, the numerator of which is the total of a member's capital account and the denominator of which is the total of all capital accounts of all members. This fraction shall be expressed in this agreement as a percentage, which shall be called each member's "percentage interest" in this LLC. E. Membership Voting: Except as otherwise may be required by the Articles of Organization, Certificate of Formation or a similar organizational document, other provisions of this operating agreement, or under the laws of this state, each member shall vote on any matter submitted to the membership for approval in proportion to the member's percentage interest in this LLC. Further, unless defined otherwise for a particular provision of this operating agreement, the phrase "majority of members" means a majority of members whose combined percentage interests in this LLC represent more than 50 percent of the percentage interests of all members in this LLC. F. Compensation: Members shall not be paid as members of the LLC for performing any duties associated with such membership, including management of the LLC. Members may be paid, however, for any services rendered in any other capacity for the LLC, whether as officers, employees, independent contractors or otherwise. G. Members' Meetings: The LLC shall not provide for regular members' meetings. However, any member may call a meeting by communicating his or her wish to schedule a meeting to all other members. Such notification may be in person or in writing, or by telephone, facsimile machine, or other form of electronic communication reasonably expected to be received by a member, and the other members shall then agree, either personally, in writing, or by telephone, facsimile machine or other form of electronic communication to the member calling the meeting, to meet at a mutually acceptable time and place. Notice of the business to be transacted at the meeting need not be given to members by the member calling the meeting, and any business may be discussed and conducted at the meeting. 2 If all members cannot attend a meeting, it shall be postponed to a date and time when all members can attend, unless all members who do not attend have agreed in writing to the holding of the meeting without them. If a meeting is postponed, and the postponed meeting cannot be held either because all members do not attend the postponed meeting or the non attending members have not signed a written consent to allow the postponed meeting to be held without them, a second postponed meeting may be held at a date and time announced at the first postponed meeting. The date and time of the second postponed meeting shall also be communicated to any members not attending the first postponed meeting. The second postponed meeting may be held without the attendance of all members as long as a majority of the percentage interests of the membership of this LLC is in attendance at the second postponed meeting. Written notice of the decisions or approvals made at this second postponed meeting shall be mailed or delivered to each non attending member promptly after the holding of the second postponed meeting. Written minutes of the discussions and proposals presented at a members' meeting, and the votes taken and matters approved at such meeting, shall be taken by one of the members or a person designated at the meeting. A copy of the minutes of the meeting shall be placed in the LLC's records book after the meeting. H. Membership Certificates: This LLC shall be authorized to obtain and issue certificates representing or certifying membership interests in this LLC. Each certificate shall show the name of the LLC, the name of the member, and state that the person named is a member of the LLC and is entitled to all the rights granted members of the LLC under the Articles of Organization, Certificate of Formation or a similar organizational document, this operating agreement and provisions of law. Each membership certificate shall be consecutively numbered and signed by one or more members of this LLC. The seal of the LLC shall be affixed to each certificate. The certificates shall include any additional information considered appropriate for inclusion by the members on membership certificates. In addition to the above information, all membership certificates shall bear a prominent legend on their face or reverse side stating, summarizing or referring to any transfer restrictions that apply lo memberships in this LLC under the Articles of Organization, Certificate of Formation or a similar organizational document and/or this operating agreement. The records book of this LLC shall contain a transfer ledger with the names and addresses of all persons to whom certificates have been issued, show the date of issuance of each certificate, and record the date of all cancellations or transfers of membership certificates. I. Other Business by Members: Each member shall agree not to own an interest in, manage or work for another business, enterprise or endeavor, if such ownership or activities would compete with this LLC's business goals, mission, profitability or productivity, or would diminish or impair the member's ability to provide maximum effort and performance in managing the business of this LLC. 3 III. TAX AND FINANCIAL PROVISIONS A. Tax Treatment: It is anticipated that this LLC will not be treated as a corporation under the state and federal tax law, but instead it will be treated in the same manner as a partnership for tax purposes. It is further understood that the members do not consider each other partners or joint venturers with any other member or manager of this LLC for any purpose other than federal and state tax purposes. B. Tax Year and Accounting Method: The tax year of this LLC shall be January 1 through December 31 of each year. The LLC shall use the cash method of accounting. C. Tax Matters Partner: If this LLC is required under Internal Revenue Code provisions or regulations, it shall designate from among its members a "tax matters partner" in accordance with Internal Revenue Code Section 6231(a)(7) and corresponding regulations, who will fulfill this role by being the spokesperson for the LLC in dealings with the IRS as required under the Internal Revenue Code and Regulations, and who will report to the members on the progress and outcome of these dealings. D. Annual Income Tax Returns and Reports: Within 60 days after the end of each tax year of the LLC, a copy of the LLC's state and federal income tax returns for the preceding tax year shall be mailed or otherwise provided to each member of the LLC, together with any additional information and forms necessary for each member to complete his or her individual state and federal income tax returns. This additional information shall include a federal (and, if applicable, state) Form K-1 (Form 1065 --Partner's Share of Income, Credits, Deductions) or equivalent income tax reporting form, as well as a financial report, which shall include a balance sheet and profit and loss statement for the prior tax year of the LLC. E. Bank Accounts: The LLC shall designate one or more banks or other institutions for the deposit of the funds of the LLC, and shall establish savings, checking, investment and other such accounts as are reasonable and necessary for its business and investments. One or more members of the LLC shall be designated with the consent of all members to deposit and withdraw funds of the LLC, and to direct the investment of funds from, into and among such accounts. The funds of the LLC, however and wherever deposited or invested, shall not be commingled with the personal funds of any members of the LLC. F. Title to Assets: All personal and real property of this LLC shall be held in the name of the LLC, not in the names of the individual members. IV. CAPITAL A. Capital Contributions by Members: Members shall make the following contributions of cash, property or services as shown next to each member's name below. Unless otherwise noted, cash and property described below shall be paid or delivered to the LLC on or by 4 The fair market values of items of property or services as agreed between LC and the cnntribut: member are shown below. The percentage interest in the LLC that each member shall receive in return for his or her capital contribution is also indicated for each member. Name Jose G Ibarra Fair Market Percentage Contribution Value Interest in LLC Cash $ 11525.00 100% B. Additional Contributions by Members: The members may agree, from time to time by unanimous vote, to require the payment of additional capital contributions by the members, on or by a mutually agreeable date. C. Failure to ;take Contributions: if a member fails to make a required capital contribution within the time agreed for a member's contribution, the remaining members may, by unanimous vote, agree to reschedule the time for payment of the capital contribution by the late -paying member, setting any additional repayment terms, such as a late payment penalty, rate of interest to be applied to the unpaid balance, or other monetary amount to be paid by the delinquent member, as the remaining members decide. Alternatively, the remaining members may. by unanimous vote, agree to cancel the membership of the delinquent member, provided any prior partial payments of capital made by the delinquent member are refunded promptly by the LLC to the member after the decision is made to terminate the membership of the delinquent member. D. No Interest on Capital Contributions: No interest shall be paid on funds or property contributed as capital to this LLC, or on funds reflected in the capital accounts of the members. E. Capital Account Bookkeeping: A capital account shall be set up and maintained on the books of the LLC for each member. It shall reflect each member's capital contribution to the LLC, increased by each member's share of profits in the LLC, decreased by each member's share of losses and expenses of the LLC, and adjusted as required in accordance with applicable provisions of the Internal Revenue Code and corresponding income tax regulations. F. Consent to Capital Contribution Withdrawals and Distributions: Members shall not be allowed to withdraw any part of their capital contributions or to receive distributions, whether in property or cash, except as otherwise allowed by this agreement and, in anycase, only if such withdrawal is made with the written consent of all members. G. Allocations of Profits and Losses: No member shall be given priority or preference with respect to other members in obtaining a return of capital contributions, distributions or allocations of the income, gains, losses, deductions, credits or other items of the LLC. The profits and losses of the LLC, and all items of its income, gain, loss, deduction and credit shall be allocated to 5 members according to each member's percentage interest in this LLC. H. Allocation and Distribution of Cash to Members: Cash from LLC business operations, as well as cash from a sale or other disposition of LLC capital assets, may be distributed from time to time to members in accordance with each member's percentage interest in the LLC, as may be decided by a majority of the members. I. Allocation of Noncash Distributions: If proceeds consist of property other than cash, the members shall decide the value of the property and allocate such value among the members in accordance with each member's percentage interest in the LLC. If such noncash proceeds are later reduced to cash, such cash may be distributed among the members as otherwise provided in this agreement. J. Allocation and Distribution of Liquidation Proceeds: Regardless of any other provision in this agreement, if there is a distribution in liquidation of this LLC, or when any member's interest is liquidated, all items of income and loss shall be allocated to the members' capital accounts, and all appropriate credits and deductions shall then be made to these capital accounts before any final distribution is made. A final distribution shall be made to members only to the extent of, and in proportion to, any positive balance in each member's capital account. V. MEMBERSHIP WITHDRAWAL AND TRANSFER PROVISIONS A. Withdrawal of Members: A member may withdraw from this LLC by giving written notice to all other members at least thirty days before the date the withdrawal is to be effective. 6 B. Restrictions on the Transfer of Membership: A member shall not transfer his or her membership in the LLC unless all non transferring members in the LLC first agree to approve the admission of the transferee into this LLC. Further, no member may encumber a part or all of his or her membership in the LLC by mortgage, pledge, granting of a security interest, lien or otherwise, unless the encumbrance has first been approved in writing by all other members of the LLC. Notwithstanding the above provision, any member shall be allowed to assign an economic interest in his or her membership to another person without the approval of the other members. Such an assignment shall not include a transfer of the member's voting or management rights in this LLC, and the assignee shall not become a member of the LLC. VI. DISSOLUTION A. The following events shall trigger a dissolution of the LLC, except as provided: 1. The death, insanity, bankruptcy, retirement, resignation or expulsion of a member, except that within of the happening of any of these events, all remaining members of the LLC may vote to continue the legal existence of the LLC, in which case the LLC shall not dissolve; 2. The expiration of the term of existence of the LLC if such term is specified in the Articles of Organization, Certificate of Formation or a similar organizational document, or this operating agreement; 3. The written agreement of all members to dissolve the LLC; 4. Entry of a decree of dissolution of the LLC under state law. VII. GENERAL PROVISIONS A. Officers: The LLC may designate one or more officers, such as a President, Vice President, Secretary and Treasurer. Persons who fill these positions need not be members of the LLC. Such positions may be compensated or non compensated according to the nature and extent of the services rendered for the LLC as a part of the duties of each office. Any officer may be reimbursed by the LLC for out-of-pocket expenses paid by the officer in carrying out the duties of his or her office. B. Records: The LLC shall keep at its principal business address a copy of all proceedings of membership meetings, as well as books of account of the LLC's financial transactions. A list of the names and addresses of the current membership of the LLC also shall be maintained at this address, with notations on any transfers of members' interests to nonmembers or persons being admitted into membership in the LLC. Copies of the LLC's Articles of Organization, Certificate of Formation or a similar 7 organizational document, a signed copy of this operating agreement, and the LLC's tax returns for the preceding three tax years shall be kept at the principal business address of the LLC. A statement also shall be kept at this address containing any of the following information that is applicable to this LLC: 1. The amount of cash or a description and value of property contributed or agreed to be contributed as capital to the LLC by each member; 2. A schedule showing when any additional capital contributions are to be made by members to this LLC; 3. A statement or schedule, if appropriate, showing the rights of members to receive distributions representing a return of part or all of members' capital contributions; 4. A description of, or date when, the legal existence of the LLC will terminate under provisions in the LLC's Articles of Organization, Certificate of Formation or a similar organizational document, or this operating agreement. NOTE: If one or more of the above items is included or listed in this operating agreement, it will be sufficient to keep a copy of this agreement at the principal business address of the LLC without having to prepare and keep a separate record of such item or items at this address. Any member may inspect any and all records maintained by the LLC upon reasonable notice to the LLC. Copying of the LLC's records by member is allowed. C. All Necessary Acts: The members and officers of this LLC are authorized to perform all acts necessary to perfect the organization of this LLC and to carry out its business operations expeditiously and efficiently. The Secretary of the LLC, or other officers, or all members of the LLC, may certify to other businesses, financial institutions and individuals as to the authority of one or more members or officers of this LLC to transact specific items of business on behalf of the LLC. D. Mediation and Arbitration of Disputes Among Members: In a dispute over the provisions of this Operating Agreement and any other disputes among members, the dispute shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. A written request for arbitration, stating the nature of the dispute, shall be sent to all members of this LLC. All parties to the dispute shall share costs equally. E. Entire Agreement: This operating agreement represents the entire agreement among the members of this LLC, and it shall not be amended, modified or replaced except by the written instrument executed by all of the parties to this agreement who are current members of this LLC as well as any and all additional parties who became members of this LLC after the adoption of this agreement. This agreement replaces and supersedes all prior written and oral agreements among any and all members of this LLC. F. Severability: If any provision of this agreement is determined by a court or arbitrator to be invalid, unenforceable or otherwise ineffective, that provision shall be severed from the rest of 8 this agreement, and the remaining provisions shall remain in effect and enforceable. VIII. SIGNATURES OF MEMBERS AND SPOUSES A. Execution of Agreement: In witness whereof, the members of this LLC sign and adopt this agreement as the operating agreement of this LLC. Date: August 9 , 2013 Signature: Printed Name: Jose G Ibarra , Member -Pca i(`to.. 7- bac cos, Date: August 9 ', 2013 Signature: Printed Name: Patricia Ibarra Spouse of: Jose G Ibarra B. Consent of Spouses: The above signed are spouses of members of this LLC who have signed this operating agreement in the preceding provision. These spouses have read this agreement and agree to be bound by its terms in any matter in which they have a financial interest, including restrictions on the transfer of memberships and the terms under which memberships in this LLC may be sold or otherwise transferred. 9 DR 8404-I (01/06105) 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. All 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 RA &inci- CIcant e Ni%11C1 &o 2. Your Full Name (last, first, middle) ..dose_ C-1, l bacret 3. List any other names you have used. 4. Mailing address (if different from residence) av--1 E, it() Pkr<ce ThovIlk oft Cokocok, g &33 Home Telephone 3(:)--- 500- ISO 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current 288`! E. 0 G PIGCe. Ttno& yi}ovi CO 530).55 Id /zoo() c1 a41113 Previous 6. List all current and former employers or businesses engaged in within the Iasi five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO A95u-- tncl 1101 Cole B iv 500.e. loo batted' oesQk 641005 5tn# 3n4e Coo de n ( AO'COA a 7. List the name(s) of relatives working in or holding a financial 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 Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. Ill Yes ENO 9. Have you ever received a violation notice suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. O Yes giNo 10. or II Have you ever been convicted of a crime or received a suspended sentence, defected sentence, or forfeited bail for any offense in criminal or military court do you have any charges pending? Include arrests for DUI and DWAI. (If yes, explain in detail.) Yes [Q^No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.) ❑Yes gNo 12. Have you ever 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 % ( 1 c. Place of Birth N(thOctta4R Mexico d. U.S. Citizen? El Yes SNo e. If N turall ed, State where f. When g. Name of District Court h. Naturalization Certificate Number I. Date of Certification iiI►gu� j. If an li I AllRegistration Card Number k. Permanent Residence Card Number I. Height }J°6 m. Weight 1%11_ n. Hair Color BTou i. o. Ey Color Grown p. Sex Pilate. t q. Race tt(5pAntC r. Do you have a current Driver's License? If so five number and state Yes No 14. Financial Information. a. Total purchase price $ O (if buying an existing business) or investment being made by the applying entity, corporation. partnership, limited liability company, other $ I 1 15d-5 . CO b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, ti5 stock purchases and fees paid $ I I ) 5 . 00 c. Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number Amount Ceti money Cmo- olti 1 Lrti c htc if t.v. 1 J asr 60 � d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount it ilt t .. 1St a,Sot ,a -d Gast -1 r'e tank 5'oz. c' CD'S'- Nu), WA Soo, oz.) ilt '5 i)ayorto 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons authorized to draw thereon. 51 #16,2- -JOSE G. TB ,eA— / Oath of 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. Aut orized Signature 05E_ G. 'S©aRtilk Title O «.)r -'R Date 9/7/3 !yr �Krx July 11,2013 To whom it may Concern, We are writing this letter on behalf of Jose' and Patricia Ibarra. It has been our privilege to know the Ibarra family for more than eleven years. We purchased our home at 2844 E 116th Place, Thornton, CO 80023 In September of 1998. Jose and Patricia Ibarra became our neighbors when they purchased their home at 2884 E 116th Place, Thornton, CO 80023, in November of 2000. It has been a joy to watch them raise their three exceptional children from infancy to young adulthood. Their oldest Jonathan graduated from High School and Is now attending college, Nancy Is now a student In High School and Mom Patricia still walks Kelley, the youngest, to school every day. Jose and Patricia are very family oriented, friendly neighbors; maintaining a beautiful home and property. Jose and Patricia are always willing to help a neighbor In need and have even helped us maintain our own home while we were on vacation, It has been a pleasure to "share a fence" with such a wonderful family who are such a great asset to our community. Please feel free to contact us at any time, if we can provide further assistance. Sincere] 4�i :ban W CA -t Richard and Diana Keeran Richard Keeran Owner / Project Manager KTK General Contracting Limited 3883 Monaco Pkwy Denver CO, 80207 Office: 303-355-0013 Cell: 303-994-3186 Email: richk@ktkgcltd.com Website. www.ktkgcltd.com Diana Keeran Colorado Works Case Manager City & County of Broomfield Colorado 6650 West 120th Ave Broomfield, CO 80020 Office: (303) 464-5563 Cell: (720) 301-9942 Email: dkeeranfuibroomfield.org Website: www.broomfieidworkforcecenter.org S 1020 15th Street 840E Denver, CO 80212.2318 703330.4711 Fax: 303.82$4941 N6'1 5 AMERICAN FAMILY INSURANCE m Atl34Wptor00HOn 10s roa. roof J. HERNANDEZ AGENCY, INC. 1886 SOUTH FEDERAL BOULEVARD DENVER, COLORADO 80219-4905 OFF: 303-936-0991 • FAX: 303-936-0921 E-MAIL: jhernand@amfamcom July11, 2013 To whom it may concern; This letter is to confirm that I Jaime Hernandez have known Patricia Barra since November 24, 2000, at that time Patricia came with her husband Jose Marra to insure the property Jose had purchased in Thornton, Colorado, Since that time Jose and Patricia have become good customers of American Famil' Insurance. If you have any questions please feel free to give me a call. Sincerely, Jaime Hernandez American Family Agent MEMBER July 11, 2013 To: Whom It May Concern This letter is in behalf of Patricia Ibarra and her husband Jose Ibarra as I have known them for a very long time. We have become good friends thru the years and have watch how their children have grown up. This family is a example to others us they have accomplished many good things, their children are well behave and have a great respect totheir parents as well as to others. I believe we met sometime in November of 2000 and have continued with our. relationship throughout the years. If any additional information is needed please contact me at: 303 430 4361. Sincerely, Mirtha S Plazola AGGREGA1E July 11, 2013 To whom it may concern, This letter is to verify that I have known Jose and Patricia ibarra since June of 2000. Jose started working for me in June of 2000 and his wife Patricia would deliver tamales for all the guys at the plant every couple of weeks. If you have any questions for me, I would be happy to answer them for you. Feel free to give me a call anytime. Sincerely, frit 794°22 Trey Poulson Plant Manager - Thornton Plant Aggregate IndustriesUS 9991 Brighton Road Henderson, CO 80640 Phone: 303-288-1050 Cell: 303-2504018 Fax: 303-288-0996 Email: trey.poulsoneaggregate-us.com 20130812-01491 DATE 07/16/2013 SO WELD COUNTY RECORDS GREELEY 1950 "0" STREET GREELEY, CO 80631 RE: IBARRA-MORENO,JOSE GUADALUPE SOC: XXX-XX- DATE OF BIRTH: 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 Print Image Page 1 of 1 rA ao Returned Items _�aro i Item Details Deposit Arrmint Number: 5153226534 Location Number NIA Check Amount $1,060.00 Check/Serial Number. 99 Original Deposit Dale: 08/2712013 Original Deposit Amount $1,124,936.63 Image Front: EL RANCHO GRANDE LW 07.13 3101 COLORADO 119 LONGMONT,CO 80304 P MTOaa ORDER OF Web/ 4/4 [, `rO/rR l i des 14 yorc .. CHASE 6 Iw.W.ye, Chau BRA. N -A. WM* Geanaom Mrt.O =f QOJYhD 6-i 4 i Return Date: 09/29/2013 Return Reasorr Retorts Maker Maker Account Number: 231597661 Disposition: CHARGE RACK jf 99 Dm? /10/13 Image Back: itoe re I Mt g a Mr 2_ C•=134Lkli 4 vTimas Okact9 fern 0114 RECEIPT DATE RECEIVED FROM -1 64 1010 Qfk K,wCt 0t 5>I DR E -SS V� S n NO a13 -;- C Sep 87138 $ l/ O56 n FOR Li �{U Cly� L.1 Cart , - - HOW PAID CASH CHECK i U so 67) MONEY ORDER 1 /44- galownai BY https://wellsitem.wellsfargo.com/ri/Controller?EVENT_ID_TYPE=26&IVU_ID=CHECK 8/30/2013 O a o M 0 o 0 �CO c a)inO U U ° o e -O Y CO R) 3O N lS O a. 0 firm O a E2 O - O (4) R (O U o 0 >, m CD ca)2o U ° o m V Y CO y () N O N EU a U� RECEIPT RECEIVED FROM ADDRES DATE /1K) 13 FOR u//eta ti""444' NO. 870:55 $$ 111550 AVA.Gi.1 --fra e ichnc-- }Gfvt HOW PAID CASH CHECK VSO an HONEY - ORDER , RECEIPT RECEIVED FROM ADDRESS DATE BY `-]4)(3 NO 87056 aid$ i i 5a5 FOR S H+. PAID fAiH MONEY ORDER V tti- V1 T BY �"� To: Weld County Board of Commissioners From: Deputy Lisa Carpenter Date: October 16, 2013 RE: El Rancho Grande Night Club, LLC Dear Commissioners, I have researched and found several reported calls for service to the El Rancho Grande Night Club, LLC, DBA El Rancho Grande Night Club located at 3101 Hwy 119, Longmont, CO 80504 for the Calendar year of 2012 to present day. The calls for service include 2 Harassments, 1 Theft, 1 Resisting Arrest, and 2 bar checks. Jose Ibarra is waiting on the State Liquor License and the Food Service License. I find no grounds for disapproval for the liquor license. Respectfully Sub eputy L'.a ' arpenter Community Resource Officer Weld County Sheriff's Office 1950 "O" Street Greeley, CO 80631 WELD CCIUNTY SHERIFF'S OFFICE Community Resource Office LtrtuoR ENFORCEME.rv1:T WORKSHEET 1950 O'Shea[ Greeley, Col&raao 80631 Voice (970) 356-4015 Fax (970) 304-6467 [I Inspection Report Incident Report CRS ,'cats' Y t eme: - [ R ,Y 0 C :(w -de_ r - 1 �1�c, �t L� 4 Cl K� Lam^ e`NameC L 1t`��p nn� cv�Gtir iV��c1 �:t1/4,13 License ?R! Type: `j-.ed A Dale of Report / Incidea i p _ 1(0- 1.3 Address: ? 1 O 1 1A 1Pc-k \ \ j Pe.eon Contacted `To 11xcrel City, State,Zp: 1L O M, f,,,16 s -v- . � cso s o �-1 Telephone #: Yes No NIA No NIA State Liquor License Posted Manager Registered State Sales Tax License Posted ✓ License in Control of Premises County Liquor License Posted Trade Name Property Registered FederalForm 11 ' Call (800) 398-2822 ✓ Premises Physical Control Adequate --- Food Service License Posted Acceptable Dispensing System Minor Warning Sign Posted ✓ Off Premise Storage Licensed Meats and Snacks Available ✓I Only Permitted Items Sold Cleanliness. Adequate J Alcohol From Permitted Source. Books & Invoices Available Discuss Sales of Liyuor to Minors " i Alcohol Beverage Stock Acceptable Discuss Sales to Intoxicated Persons `-- OVVarning [[]Follow -Up Inspection Licensee! Representative Signature ,t ca //6 // 3 Date Violation: i Date: I Time: abject: I DOB: t-tgt: I Wg;. 1 Eyes'. Hair. Clothing: DLIIN: State: Address: City. Stale: Zip: Evidence: Yes NO HMI Phone e: Summons #: Court Date: Photos: Yes NO Narrative: 1—c.UG` vrLC ( #: 1,06 CI 5 Date: / D -/l /,� TRANSFER OF OWNERSHIP REVIEW FORM Date: October 15, 2013 TO: Lisa Carpenter, Mark Melon and Pete Wagner 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 within two weeks. Your report will be used by the Board of County Commissioners in considering the Transfer of Ownership of a Tavern and Liquor License. PLEASE RESPOND NO LATER THAN: October 28, 2013 ESTABLISHMENT: RM, INC. DBA ROOM 119 3101 HIGHWAY 119 LONGMONT, CO 80504 NEW APPLICANT: EL RANCHO GRANDE NIGHT CLUB, LLC DBA EL RANCHO GRANDE NIGHT CLUB Current license expires: AUGUST 2, 2013, Temporary issued to El Rancho Grande Night Club on 7/20/2013 /---' C**********************************Irk***************************** _ ; No concerns J Deputy's Initials 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 renewal hearing. of the date and time of the Liquor/Beer License Worksheet The following concerns are noted: POLL-I/LC; .5421e_liyc,er Zd�ird Cc'', u i Cs� Ste_ 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) O5E_ 6• Thaf.6tiQt\ /t l • Establishment Owner, Please Print A©SE_ -7-sous- XI Establishment Signature /0 -/lO-/3 Date Deputy Signature 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. Memorandum TO: Tammy Waters FROM: Dan Joseph SUBJECT: Liquor license inquiry DATE: October 28, 2013 CC: Cindy Salazar; Debra Adamson In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for El Rancho Grande Night Club LLC, located at 3101 Highway 119, in Longmont, Colorado. At this time, the Department is recommending for disapproval of the liquor license for the following reasons: 1) As of this date ownership has not applied nor obtained a Retail Food Establishment license. 2) The facility's water is provided by a well and as per the Colorado Retail Food Establishment Rules and Regulations and the Colorado Primary Drinking Water Regulations the establishment shall have a Certified Water Operator. As of this date the Department has not received information regarding this issue. Should you have any questions regarding this matter, please contact me via e-mail at djoseph@co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III Tammy Waters From: Tammy Waters Sent: Tuesday, October 29, 2013 9:04 AM To: 'J Jovanny Diaz' Cc: Dan Joseph Subject: FW: Transfer Ownership - Room 119 to El Rancho Grande Night Club Attachments: El Rancho Grande Night Club Liquor License Inquiry 2013.doc Hello Jonny, I hope you are having a great day. I just talked with your dad about this and he said you would be able to take care of it. It appears that you need to get an application in for your food service license and also need to advice the health department who your water operator will be. You can contact Dan Joseph at the Health Department. All his contact information is included below. Thank you, Tammy Waters Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X5226 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 a -mall 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: Dan Joseph Sent: Monday, October 28, 2013 11:22 AM To: Tammy Waters Cc: Deb Adamson; Cindy Salazar Subject: RE: Transfer Ownership - Room 119 to El Rancho Grande Night Club Tammy, Please see attached. Recommending for disapproval at this point in time as we have not received an application to obtain a new food establishment license nor who their certified water operator will be. Let me know if you have any questions. Dan Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 1 MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board October 31, 2013 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0019 Review of the following liquor license renewal by the Department of Planning Services shows the following: 42-92895-0000 EL RANCHO GRANDE NIGHT CLUB, LLC DBA EL RANCHO GRANDE NIGHT CLUB 3101 Hwy 119 Longmont, CO 80504 Zone District: C-4 (Commercial) This use is allowed through the zone district and a Site Plan Review (SPR-267). After further research of my files and computer, no active violations were found on the property at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY Tammy Waters From: Sent: To: Subject: Janet Carter Monday, October 14, 2013 3:57 PM Tammy Waters RE: Transfer Ownership - Room 119 to El Rancho Grande Night Club This is an existing location. Public Works doesn't have 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: Monday, October 14, 2013 2:23 PM To: Bethany Salzman; Brad Yatabe; Dan Joseph; David Clarke; Deb Adamson; Frank Piacentino; Janet Carter; Roy Rudisill Subject: Transfer Ownership - Room 119 to El Rancho Grande Night Club In accordance with the procedure for Liquor andlor 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 within two weeks. Your report will be used by the Board of County Commissioners in considering the Transfer of Ownership of a Tavern and Liquor License. PLEASE RESPOND NO LATER THAN: October 28, 2013 ESTABLISHMENT: RM, INC. DBA ROOM 119 3101 HIGHWAY 119 LONGMONT, CO 80504 NEW APPLICANT: EL RANCHO GRANDE NIGHT CLUB, LLC DBA EL RANCHO GRANDE NIGHT CLUB Tammy Waters From: sent: To: Subject: No concerns from OEM Roy Rudisill Wednesday, October 16, 2013 9:31 AM Tammy Waters; Bethany Salzman; Brad Yatabe; Dan Joseph; David Clarke; Deb Adamson; Frank Piacentino; Janet Carter RE: Transfer Ownership - Room 119 to El Rancho Grande Night Club 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: Monday, October 14, 2013 2:23 PM To: Bethany Salzman; Brad Yatabe; Dan Joseph; David Clarke; Deb Adamson; Frank Piacentino; Janet Carter; Roy Rudisill Subject: Transfer Ownership - Room 119 to El Rancho Grande Night Club 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 within two weeks. Your report will be used by the Board of County Commissioners in considering the Transfer of Ownership of a Tavern and Liquor License. PLEASE RESPOND NO LATER THAN: October 28, 2013 ESTABLISHMENT: RM, INC. DBA ROOM 119 3101 HIGHWAY 119 LONGMONT, CO 80504 Esther Gesick From: Sent: To: Cc: Subject: Hi Jose and Jonny, Esther Gesick Wednesday, January 15, 2014 4:15 PM joseibarra69@hotmail.com; spainjovannyl @hotmail.com Eaton, Robin L.; Esther Gesick FW: El Rancho appl. The State has graciously agreed to expedite review of your application because you were pretty far down in the stack and we only have until January 24th before your extended Temporary expires (and we are not authorized to grant any further extensions per State statute). They replied with the message below and my response or direction for you is noted in Red. Please come by the office as soon as possible to resolve items 1 and 2 so I can forward these corrections to the State in hopes of completing this process before the deadline. Thanks! 1. Need to amend question #11a and list the tenant as the applicants name. This is easy to fix with some white -out and I'll just have you write in "El Rancho Grande, LLC". 2. The sales tax account that we show for this entity is 29-936644 and the application should be amend to reflect that. You may want to see their sales tax license to make sure of this. Your application has 0400455-000 in the State Sales Tax box, which is different from what the State records show. When you come in, please bring a copy of your sales tax license so I can verify which is correct. 3. There are two individual names on the lease with an arrow going to that of the tenant, I assume they are just signing for the change of tenant name to the LLC, as one is the Landlord, but if they are listed as tenants also for this lease, they will have to be removed from that title and shown as guarantors. It is my understanding that you (Tenant) and Rodolfo (Landlord) signed the front page acknowledging the revision of the tenant name on the Lease document. By copy on this message I will confirm for the State that it was not the intent for Rodolfo to be interpreted as a tenant. Esther E. Gesick Clerk to the Board/Office Manager 1150 O Street'P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X4226 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: Eaton - DOR, Robin [mailto:robin.eaton@state.co.us] Sent: Wednesday, January 15, 2014 8:22 AM To: Esther Gesick Subject: El Rancho appl. r Hi Esther Upon review of the application for dba El Rancho Grande there are a few concerns that I will need help with, they area as follows: 4. Need to amend question #1 la and list the tenant as the applicants name. 5. The sales tax account that we show for this entity is 29-936644 and the application should be amend ed to reflect that. You may want to see there sales tax license to make sure of this. 6. There are two individual names on the lease with an arrow going to that of the tenant, I assume they are just signing for the change of tenant name to the LLC, as one is the Landlord, but if they are listed as tenants also for this lease, they will have to be removed from that title and shown as guarantors. Thanks in advance for the help and please let me know if I can answer any questions that you may have? Thank you Robin Eaton Liquor Enforcement Colorado Department of Revenue Confidentiality Notice: This email -message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use,disclosure or distribution is prohibited. If you are not the intended recipient and received this in error, please contact the sender by reply e-mail. You are hereby notified that the copying, use or distribution of any materials transmitted in or with this message is strictly prohibited. 2 PC) Box 758 N c) CO 0 U T a) a> m 0 cla„ RECEIPT RECEIV. D FROM ADDRES 0 DATE I -I1'-1: No.8 336 \Jow PAID\ f CASH �/ CHECK 4/ 525 / -'' MONEY ORDER HOLD DOCUMENT UP TO THE LIGHT TO VIEW TRUE WATERMARK CHASEO 8Y di:bk.) 282111107 NEW 01/88 8810004306 _:...._....,,.. �.w..ianvm...�',.'4...YanKw:.�. 'L ,::,.yrgrx�::..�"Pi.•ma9Viiw,. HOLD DOCUMENT UP TO THE UGHT TO.YIEW:TGUE WATERMARK CASHIER'S CHECK 9010604119 ?s Void after 7 years 440 Date 01/11/2014 Remitter: EL RANCHO GRANDE LLC Pay To The COLORADO DEPARTMENT OF REVENUE Order Of: Pay: ONE THOUSAND FIVE HUNDRED TWENTY FIVE DOLLARS AND 00 CENTS $** 1,525.00 ** D►>surat: JPMORGAN CHASE BANK, NA. Viditi6ClAtzbatx) Memo. __Note: Farinformation drily..Gommenihas nsi. eifect4.n_bs?nk's.Paxment. Do not write outside this box Senior Vice President JPMorgan Chase Bank, N.A. Columbus OH — — — — — — — — -- -- Bec..1 Feek... Sam EL RANCHO GRANDE LLC 07-13 3101 COLORADO 119 LONGMONT,CO 80504 PAY TO THE ORDER OF 98 // DATE? AD / 13 yen 62.6. J $ l Sc;S one/A, tdea i�:at/Oda" of 4 _/K�/�( lice DOLLARS CHASECI 1PMorgan Chase Bank, N.A. !tonna.Chaase.. cent /p uu�� MEMO-CC.KIiiC4c di nth % ',Act 1010 0002 8988 8887 U.S. Postal Service„ CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery Intormatbn visit our webeite at www.usps.come Postage $ Certified Fee Return Reciept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees L$ m D Sent To 0 N I' 31)i3 :blot. of 2etic�tt�-�—l.C�llar. or r PO Apt . oo.,'P0. 'Box ox l ! 3350 oreet Box No r /+K.r City. Stare ZIP�tl� 3350 Tammy Waters From: Sent: To: Subject: Olga Galindo [olggalindo@aol.com] Wednesday, August 28, 2013 2:59 PM Tammy Waters Re: Violation Question please let me know if there is anything I need to do. thank you!!! Original Message --- From: Tammy Waters <twaters@co.weld.co.us> To: Olga Galindo <olggalindo@aol.com> Sent Wed, Aug 28, 2013 9:42 am Subject RE: Violation Question Hi Olga, I spoke with our Assistant County Attorney. He advised me that we can keep the temporary permit in place for Jose. I read through your operating agreement and do not see a provision for a member to leave the LLC, so that will all need to be revised. I did call Jose and advised him that the application and all the supporting documentation would need to be revised and resubmitted. It was great working with you and feel free to contact me in the future if you need anything. Thank you, Tammy Waters Deputy Clerk to the Board 1150 O StreetjP.O. Box 758IGreeley, CO 80632 tel: (970) 336-7215 X5226 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 conceming the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Olga Galindo [mailto:olnaalindoCci7aol.com] Sent Tuesday, August 27, 2013 11:00 PM To: Tammy Waters Subject: Re: Violation Question Good morning Tammy: Please call me as soon as possible I need to cancel my part on the application for El Rancho Grande Night Club liquor license. as soon as possible. you need to request a new lease I guess and a new application. I am not sure what all is involved If you would please call me and let me know . Thank you, Olga Galindo (720)472-0165 Original Message --- From: Tammy Waters <twaters(raco.weld.co.us> To: Olga Galindo <olggalindoOaol.com> Sent: Mon, Jul 29, 2013 8:26 am Subject: RE: Violation Question Good morning, Yes it is at the same building where I am at. In the assembly room, which is right when you walk in the front doors. Thanks, Tammy Waters Deputy Clerk to the Board 1150 O Street)P.O. Box 758f Greeley, CO 80632 tel: (970) 336-7215 X5226 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: Olga Galindo rmailto:olggalindo[D.aol.com] Sent: Saturday, July 27, 2013 4:40 PM To: Tammy Waters Subject: Re: Violation Question Hi Tammy: Hope you are doing Great! I will try to be prepared and I will see you there Monday is it at the building that you are at or what is the address. Thank you Have a Great Weekend!! Olga C Galindo ----Original Message ---- From: Tammy Waters <twaters(aco.weld.co.us> To: Olga Galindo <olggalindo@aol.com> Sent: Fri, Jul 26, 2013 10:47 am Subject: FW: FW: Violation Question FYI — no need for a written statement but just be prepared to speak to the board about questions. Thanks and see you Monday at 9am. Tammy Waters Deputy Clerk to the Board 1150 O StreetiP.O. Box 758!Greeley, CO 80632 2 tel: (970) 336-7215 X5226 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: Brad Yatabe Sent: Friday, July 26, 2013 10:37 AM To: Tammy Waters Subject: RE: FW: Violation Question Sounds good. I don't think they need to prepare any written statement but the Board may have questions for them. Thanks. Brad Yatabe Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 ext. 4396 fax: (970) 352-0242 STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. From: Tammy Waters Sent: Friday, July 26, 2013 10:27 AM To: Brad Yatabe Subject: FW: FW: Violation Question I just spoke with Olga's husband and the violations were when they lived in Albuquerque NM. Thanks, Tammy Waters Deputy Clerk to the Board 1150 O StreetjP.O. Box 758IGreeley, CO 80632 tel: (970) 336-7215 X5226 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 3 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: Thursday, July 25, 2013 2:09 PM To: Brad Yatabe Subject: FW: FW: Violation Question Hi Brad, If I am reading this right they don't keep records back that far. Do you want me to have Olga prepare a statement with the detail? Tammy Waters Deputy Clerk to the Board 1150 O StreetIP.O. Box 758IGreeley, CO 80632 tel: (970) 336-7215 X5226 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: Higgs - DOR, Jennifer fmailto:iennifer.hiaasc state.co.usj Sent: Thursday, July 25, 2013 1:16 PM To: Tammy Waters Cc: Robin Eaton - D0R Subject: Re: FW: Violation Question Hi Tammy - My enforcement chief told me that local licensing authorities can contact the local LED supervisor for information or if we have a copy of the stip, we can send it to them. That said, he looked at the date on what you attached and told me we do not keep records that far back. We keep about 5 years or so on average. I hope that helps. Thanks Jennifer Higgs Agent In Charge Liquor Licensing Unit / Tobacco Enforcement Unit Colorado Liquor Enforcement Division 303-205-2304 jennifer.higgsastate.co.us On Thu, Jul 25, 2013 at 11:46 AM, Tammy Waters <twaters(a�co.weld.co.us> wrote: Hi Jennifer, Can you assist me in Robin's absence? 4 Thanks, Tammy Waters Deputy Clerk to the Board 1150 O StreetlP.O. Box 758)Greeley, CO 80632 tel: (970) 336-7215 X5226 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: Thursday, July 25, 2013 11:45 AM To: 'Eaton - DOR, Robin' Subject: Violation Question Hi Robin, We have an application for a transfer with a temporary permit. My County Attorney noticed that Olga (applicant) had previously had a liquor license that had violations. How do I find out about any violations that this applicant has previously had? I attached the individual history form that she submitted. Thank you so much! It's almost Friday O Tammy Waters Deputy Clerk to the Board 1150 O StreetlP.O. Box 7581Greeley, CO 80632 tel: (970) 336-7215 X5226 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. 5 0002 8988 8894 U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) Postage R Certified Fee Return Reciept Fee (Endorsement Required) 0 Restricted Orirvery Fee r R (Endorsement Required) D Tom& Postage ft Fees $ m o r8enrFq /l,.w7e9rah) o t treat.Apt .No.: • eo. o• �.Qx_17335x.__.. j of eat No t r Co 86 -3350 11 � � ark Post ark Here cif 4.4./444,F1� PS Form 3800, June 2002 See MAIMS for Inetrusik le SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: doloreado Zepe of eke -venue., Lisbuor EnPorca.Y►'ta.n O. -Box /73350 Donner, Co goat - 3350 COMPLETE THIS SECTION ON DELIVERY A. Signature X ❑ Agent ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from hermL.t,? ❑ Yes If YES, enter delivery addrkssttilleV ❑ No a'„ O1\.`' 3. Service Type tit Certified Mall ❑ Registered ❑ Insured Mall ❑Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 7003 1010 0002 8988 8894 Domestic Return Receipt 102595-02-M-1540 Weld County and State of Colorado Tavern Liquor Licenses for El Rancho Grande, LLC, dba El Rancho Grande Night Club, were picked up in person by Jose Ibarra, applicant, on January 28, 2014. • Representative: El Rancho Grande, LLC Witnessed byy C�QQC� ft Rafaela Martinez, Deputy Clerk TAVERN (COUNTY) LIQUOR LICENSE RM, INC., DBA ROOM 119 Site Plan Review SPR-267 PL STAFF REPORT RETAINED IN TYLER, REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. siegar aA COLORADO CASE NUMBER: SPR-267 APPLICANT Rudolf° Monies SITE PLAN REVIEW Administrative Review PARCEL NUMBER: 1313 03 000011 LEGAL DESCRIPTION: Pt. SW4 SW4 of Section 3. USN. ROW of the 6th P.M.. Weld County. Colorado ZONING: CA (Highway Commercial) PROPOSED USES: ttighticlub. three =We Wines (one utilized as storage/o, one utilized for a caretaker, and one as hand member residences, and a fond truck in the Commercial (C- ) Zone District within the Mixed Use Development Area_ • NcMc Mobile hunt used for handl member cs m approved Sege Coalman of Approval iA Site Plan Review Standards Comments Meets the Intent of the Weld County loran Ordinance .& MUD Nan Included in Application YES Site l plan Certification IRetention Facilities Dept. Approval Engineering Date February 6, 1997 from Don Carroll, Weld (minty Public Works YES Oflstreed Parking Adegwate number of spaces, set Conditions of Approval #- II S !.8 'DES Loading Areas Sullflcienc Goading nu on tine Ili Access keels is via III 1I?, Ste Condition of Approval ,# I.hl DES 25 Itet -WES Setback Requirements Whet Requirements 10 Feet 115 1Jnd' caping Set Condo on al Approval #LE, I.F, I.G & IA NO Trash Collection and Storage Sep Laodnion of Approval #1,. I, 6, ,& ili YES Potable Water 'Site serWlcd bra well, s.tie Condition of .Approra'I #1111 I V'E,I SPR-267, Page 2 Sewage Disposal St. Yram Sanitatiof District YES Environment Standards Noise YES Air Quality YES 'dater Quality See Condition of Approval # Li & Ii YES Radiation _ ........_ ..._.. _._._....._._..__.._ ....._.... YES Heat _ YES Light Sign flashes, see Condition of Approval # l.D MO Property l aintenan€e YES This site plan rcvie itr is approved with the attached conditions: ['be following, conditions shall be performed within 30 days ole the Sit: Plan Review Conditional Approval date (fore 17, 1997): ff The mobile borne used as a dwelling ibr a band member shall be removed from the site within 30 days of the date of this administrative review or be reverted into storage, with only electricity permitted to be connected to the mobile home. Only one (1) mobile home used as living quarters for caretakers or security personnel responsible .for maintaining or guarding the property is permitted in accordance with Section 33.5.3.7 of the Weld County Zoning Ordinance. Cf reveried into storage, the applicant shall apply Mr and receive apprc.wal of a huilrling permit from the Weld applicant apply 1 1 4d i County Building Inspection Department, and a zoning permit from the Department of Flaming Services for the mobile home. The mobile home shall not be utilized ott any basis as a dwelling or as overnight or temporary housing far any persons. B. The applicant shall apply for and receive approval of a building permit front the Weld County Building Inspection Department for the mobile home to be used as an accessory of lice and storage lac ility . 1'he applicant shall apply for and receice approval of a Flood Hazard Development permit from the Department of Planning Services. 1). All niechanica1 or electrical appurtenances, such as revolving beacons and flashing signs, which are designed LO compel attention, are prohibited in all zone districts as per Section 42.2 ol'the Weld County Zoning Ordinance. The applicant shall submit I I SPR-267, Page 3 a letter staling that the flashing ht3lhs on the sign located on the property have been either removed or switched so that they no longer Hash. E. An improvements agreement for proposed landscaping shall be submitted to and reviewed by the Department of Planning Services and approved by the Weld County Commissioners, and collateral tendered_ F. 'ts'he applicant shall submit evidence to the Department of Planning Services that they are attempting,' to niwet the landscaping requirements for parking lots in Section 2.6.3 the S Use } � be by z of Mixed Development l Plan. �1'his information will reviewed the Department of Planning Services to determine if the proposed landscaping within the parking lot meets the intent of the Mixed Use Development Plan. The applicant shalt submit to the Department of Planning Services for review and approval, a detailed landscape plan delineating proposal trees. shrubs, ground covers and other landscaping elements on the site, along with a maintenance schedule of F;F1t2: 1110 1 ta1F'i i'r'!'2t1111 CT t%fl i t }1f+ !II I Pi I !171r4 1011 rj; Ti I'.1; 11O11 afti'•T Si Ft. lsnl%St?%.-41pli11b 17111 kn. 11ti15N 444548 ALIAS F 14%e%J • l l The applicant shall submit evidence In the Department cal' Planning Services that they have reached an agreement with the Colorado Department of Transportation addressing the concerns its their referral dated January 28, 1997. The applicant shall submit evidence vi the.• Department of Planning Services from the Division of Water Resources that the well utilized for the eo m nnerctal and residential activities on the site is of sufficient quantity and quality to adequately handle all uses on the property. The Site Plan Review map shall he amended to show the dimensions of the individual parking spaces. K. The water system shall comply with the requirements for a "non -Community" water system as cicPaned in the Primary Drinking Water Regulations (5 CC R 1003-1). The applicant shall submit evidence to the Weld County Health Depanment and the Department of Planning Services that the water system meets all requirements from the State Department of Health. 2. Elie following conditions shall be completed within 60 days of the Site Plan Review Conditional Approval claw (July 17. 1q071 A The portion ofthe lot which abut: Ski 119, shall be landscaped with a minimum 2 '=t inch caliper shade tree or 6 lout minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the kit line towards the interior of. the St'R-267, Page 4 lot, for every 40 linear feet of street frontage. Trees may be grouped with a maximum distance of 1110 feet between trees or groupings, in accordance with the Mixed Use Development Plan (Ordinance 191). B. All parking spaces located in the middle of the lot shall be equipped with wheel guards or curb blocks to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles. 3. 'I`tae mobile home used as an accessory office and storage tkility shall not be utilized on any basis as a dwelling or as overnight or temporary housing for any persons. 4 All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted. at this site. 6 Waste materials shall he handled, stored/ and disposed in a manner that controls fugitive dust. blowing debris, and other potential nuisance conditions. 7 Fugitive dust shall he controlled on this site. Tlir' ,w f4 it?5151T3 norrn it riniltir+ IOirf11 eIvaII 51r11 ,sti•r•;it,•r? ! k1' r•rinifrtrlre' Ili r5ni1 ref' KT) r11 I A l a lit. alatanit114a111 #.14. tall1,J.JLLOLL 115-11.04.-14 4 V .41%01. t I OIL lL4o%V11l4:t4 , 7..LLI %LaL 11i1lll%e1L {11.1115 L'I %I4J 1iLf L.i • j, as measured according to 75-12-102, Colorado Revised Statutes. 9. 'Ile nightclub shall comply u itl) the Colorado Sanitation of Food Establishment regulations (6 OCR 1010-2). :. The { food 1 C 1 1 • . food 1 license. 14J the restaurant aria food truck shall maintain a current food service establishment license. 11. No outside storage is allowed on the site. 12. Storage within a building shall be maintained two feet or more below the ceiling of non- sprinklered areas of buildings. 13. Combustible material shall not be stared in exits or exit closures, boiler rooms, mechanical rooms, or electrical equipment rooms. Site Plan Review co: 0 tram * approved / KcrrI I) Ncbthley, Curre ' ncr May 19, 1997 Hello