HomeMy WebLinkAbout20122840.tiffFINDINGS AND RESOLUTION
RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF LONGMONT
SPORTS ACADEMY, LLC, DBA LONGMONT SPORTS ACADEMY, FOR HOTEL
AND RESTAURANT LIQUOR LICENSE, AND AUTHORIZE CHAIR TO SIGN
The application of Longmont Sports Academy, LLC, dba Longmont Sports Academy,
1725 Vista View Drive, Longmont, Colorado 80504, for a Hotel and Restaurant Liquor License,
came on for hearing on the 8th day of October, 2012, at 9:00 a.m., and the Board of County
Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced
at said hearing, having considered the testimony, evidence and remonstrances filed with said
Board, and having carefully weighed the same, now makes the following findings:
1. The evidence discloses that the applicant has sustained the burden of proof as to
the desires of the inhabitants.
2. The applicant is of good character and reputation.
3. The applicant has proven the reasonable requirements of the neighborhood.
RESOLUTION
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, the Board has considered the application of Longmont Sports Academy,
LLC, dba Longmont Sports Academy, 1725 Vista View Drive, Longmont, Colorado 80504, for a
Hotel and Restaurant Liquor License, for the sale of malt, vinous, and spirituous liquors, for
consumption by the drink on the premises only, and
WHEREAS, said applicant has paid to the County of Weld the sum of $875.00 for the
hearing fee, in addition to the other required fees, and
WHEREAS, due to the Findings of the Board of County Commissioners in this matter as
stated herein, the Board deems it advisable to approve said application for a Hotel and
Restaurant Liquor License for Longmont Sports Academy, LLC, dba Longmont Sports
Academy.
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 provided documentary evidence that each employee has been
"responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the fist
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.
�. i I co, cup -PI
I-/&4 3
2012-2840
LC0053
HOTEL AND RESTAURANT - LONGMONT SPORTS ACADEMY
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that having examined said application, the qualifications of the
applicant, and the testimony of those present at the hearing, does hereby grant License Number
2012-22 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink
on the premises only, and the Board 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 November 14, 2013,
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.
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 8th day of October, A.D., 2012.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
can P. Co
Weld County Clerk to the B
(
BY:
Deputy Cler
'=aa Kirkm eyer,
David E. Long
\ C/
unty Attorney
ou• -s Rademac
Date of signature:
2012-2840
LC0053
' : 4t ;t .',, :1: (r:*: f'..1::(171 V G i V a V 21
COLORADO DEPARTMENT OF REVENUE
' - ., ,.,,,•. SEP - 4 2012 COLORADO LIQUOR
RETAIL LICENSE APPLICATION
WELD COUNTY
COMMISSIONERS
t::=f':.aTt'E N1 (.i:a •. :l: 'r
V''; NEW LICENSE [- 1 TRANSFER OF OWNERSHIP [ J LICENSE RENEWAL
• ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
• APPLICANT MUST CHECK THE APPROPRIATE BOX(ES)
• LOCAL LICENSE FEE S
• APPUCANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303.370-2165)
1. Appllctm: , apra,rr r, a:;'1 y
1111.!vIOIId!
_ . CorPOTa11;,:1 ✓ l.Im!tet. I inUdily Company
._ - P4rtr:rrrs"1!p'rIC'udes Limited Liability aid Husband and Wife Partnerships) _... • Association or O11).-i
2 A;Ipl:car.1 I' an r t :. •:;,rill! :11 LLC it partnership at least 7 partner's names d cu:polatinn ucrllfr ct Cuipi'ration r Fein Numbei
Longmont Sports Academy LLC 27-1929041
2a-rae1e tv:arne r,! Fstablishnlint (054; j State Sal !s Tax Nu Business I ele!phima
Longmont Sports Academy 42-97849-0000 I 303-485-1300
3. Addu)ss at Pt:.rrisr�5 (spi.n:Ity ..,>,tic1 k-:ari 'n of pro-:rtl::,n;:
1725 Vista View Drive, units b.c & d
.1; County titatC /IF' Code
Longmont Weld CO 80504
4. Mtu.rie Address {Number aril �tn,rei; C,t': ,!r 'uem4 State /11' Cot1C
I
5. !It,* prarriSeS p:4n&ntly have a :Iryuor or flee! Iiense you k.fit anSwc' 111) roll s'Ing questions'
r=•,-se.'.nt 1 rade Name of Fs:abi4Shment rL13A; l'i :.-i it State I n;4!: c:t' Nu
I
Present Class n' License ' I'rtsrNnt 1=x(!r ation Dale
LUAB SECTION A NONREFUNDABLE APPLICATION FEES
.C 00 ..ppI c t :'i Fr e1 1cr WV: L firer o . 5 1.0.e.':. 0')
:'3f'2 t/ Ao('I!r.alii:rl Fee lot New t.4C'!nsea •
•r:fC;rn::.,irent He..Ie:s Si I75u)0
:%;i!b _ : ;y::f tic:one lee for Tian -der $1.025 till
LIAR SECTION B LIQUOR LICENSE FEES
1905 Retail Gaming tavern License (Cd ) SSOC UU
Y
t (ti)fi i Retail Caring l again License (Cauntvi 5500 00
1:aa0 • Retail ;.iquor Stnnr: Licerse rel y1 S.?27 53
11.041 tieaa I . I ia)r Stun! L I' er:.e ;C-ounty) 5'(12 : ,)
•i!•!(1 I ,1:,C•I I ,::ensrn On.rrst,)rn (City) S22/ °�fI
:y5' . L:q.,,.r I l:er'Sed Ilrt:gsterr: ((-:oantyt 5:112 5;!
I 46 J Neer did With, License ii.:1 1 5:1')1 ."
Iyfi! Beer and Wine License iGu;uq '1 ... $431, ;•5
t'+r 12 I •...te and F(es:aurant Lk.:I.:ll:ile (City, 550(.; Li()
1'i'1 I ILoie• and Restaurant Liceih•LC (County. ... 550000 '
14r -.7[I hie:: I'Llt? : icenr:e. iCit) , !F,,,,S('
..
1976 b e-.'- Pat: LicensetCountvi .. S1s4; '. 0
It•e0 I•LC:e::ar-d Restaurant .M.:nsu K'upt 01c•rn's.:s (City; Ssr:(. ;)0
:btrt I rote' and Restaurant . c•,nse W.ript pi pin.seS if'nuntii 'ti(' i!4!
1983 Manager Regista<ilion - H & It . .. .. $ 7r .)U
LIAR SECTION B (CONT.)
I .:.. f+t•aul Coniplex License
19gti , , Resort t.:urnvlex License
19:',rt Add 1(e:ated Facility In f(esonComplex
15(i1) L Cluh I'Cnn:Ce O'.ity)
1y;et : 'faub License 0.:Junty1
2'010: j Tavern License i(.;ily) .
701 1 ! tavern I icensee (Countyi
2U1` i I Manager Registration - rayon
_02E) i !Arts License iC ly)
r p License
-J 1 : : AItS i ense tCountyi ..
lC+.( f ' Rttcntr,ii k L.(eons), (City)
201 t , I lact•dac6. License (County
7040 , _ Oplton.'l I'Irnrus'4s Licenser
,
7.441 C)fhiun;il I rpnn-;r•, I ICI, i
'0•1s Vintner:: Hest:alr:tlit Lir:rinse
}.e tWri , Vuttli i- Ru:;la irarit Ltc
22.'C I Add Optional I'rr-•nt ses lu
237('; ' Master file: Location Frees
2 ' ' Master Tile liackiana •I)
/t
LIQUOR LICENSE FEES
ICity; 5:-,00 00
ICnunly : $50:i 00
5 75 r)0 Y. ',eta!
S30H'75
5308 75
S.)00 Or.)
. S500 00
S .' UU
5308 75
,:
$108 • -
,s r
. . �.>L)U i)J
) tiSu;) 00
(City) 5',(10 no
' t(%Lnrily:. S•' It: On
(C.1 -,t S't,t) 00
nee 4Cuu'!t 575000
l I & ti �'Ut 00 X Ti. I
. S 25 00 X Teta
•::'-,;: Or) Y. Teti'
DO NOT WRITE IN THIS SPACE • FOR DEPARTMENT OF REVENUE USE ONLY
I.IAM I I Y INFORMA I ION
County City Industry Type License Account Number
License Issued through
I lability Date
(Expiration Date)
CAoM TO
FPO/1/...///..../,;?%Y`i.
i// // �/1''•/fll
State City County Managers Reg
-750 (999) 2180-100 (999) 2190-100 (999) -750 (999) i
r...n :.,a ham, , n,,.. even r...I i, ,,,.i„ i ,,.,,.•
2300-100 2310-100
(999) (999)
--
TOTAL
$•
2012-2840
DR 8404 (05/07109) 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
."Ni A Applicant/Licensee identified.
N] B State sales tax license number listed or applied for at time of application.
❑ C License type or other transaction identified.
[] D. Return originals to local authority.
❑ E. Additional information may be required by the local licensing authority
II.
DIAGRAM OF THE PREMISES
12 A. No larger than 8 1/2" X 11"
■ B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.).
+] C. Separate diagram for each floor (if multiple levels)
Cj D. Kitchen - identified if Hotel and Restaurant.
III.
PROOF OF PROPERTY POSSESSION
A. Deed in name of the Applicant ONLY (or)
*J B. Lease in the name of the Applicant ONLY.
C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord arid acceptance by the Applicant.
❑ D. Other Agreement if not deed or lease.
IV.
BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS
I A. individual History Record(s) (Form DR 8404-I)
1Y] B Fingerprints taken and submitted to local authority. (State authority for master file applicants.)
C C. Purchase agreement, stock transfer agreement, and or authorization to transfer license.
❑j D. List of all notes and loans.
V.
CORPORATE APPLICANT INFORMATION (If Applicable)
[.] A Certificate of Incorporation (and/or)
[:] B Certificate of Good Standing if incorporated more than 2 years ago.
iLI C. Certificate of Authorization if foreign corporation.
l:_] U 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)
[] A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office).
E 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
❑ B. Individual History Record (DR 8404-I).
DR 8404 (05/07/09) Page 3
6. Is the applicant (including any of the partners, it a partnership; members or manager if a limited liability company; or officers, stock-
holders or directors it a corporation) or manager under the age of twenty-one years?
Yes No
■
V
7. Has the applicant (including any of the partners, if a partnership: members or manager if a limited liability company: or officers,
stockholders or directors if a corporation) or manager ever (in Colorado or any other state);
(a) been denied an alcohol beverage license?
(b) had an alcohol beverage license suspended or revoked?
(c) had interest in another entity that had an alcohol beverage license suspended or revoked?
It you answered yes to 7a, b or c, explain in detail on a separate sheet.
❑ 0
•
❑(
•
❑j
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. ❑ 0
9. Are the premises to be licensed within 500 feet o1 any public or private school that meets compulsory education requirements of
Colorado law, or the principal campus of any college, university or seminary?
•
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)? If yes, identify thy- name of the business and list any
current or former financial interest in said business including any loans to or from a licensee. kSee attached) 52J G
11.
a.
Attach
entrances.
to
Does the Applicant, as listed on line 2 of this application,
arrangement?
in
of
have legal possession o1 the premises by virtue of ownership, lease or other
Detail)
❑ •
❑ Ownership ® Lease • Other (Explain
If leased, list name of landlord and tenant, and date
expiration, EXACTLY as they appear on the lease:
Landlord
Acme Investments LLC
Tenant
Longmont, Sports Academy LLC
Expires
5/2022
a diagram and outline or designate the area to be licensed (including dimensions) which shows the bars, brewery. walls, partitions,
exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 112" X 11'. (Doesn't have
be to scale)
12. Who, besides the owners listed in this application (including persons, firms, partnerships. corporations. limited liability companies),
will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business.
Attach a separate sheet if necessary.
NAME
DATE OF BIRTH
FEIN OR SSN
INTEREST
None
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? N/A El ;
Number of separate Optional Premises areas requested (See License Fee Chart)
14. Liquor Licensed Drug Store applicants, answer the 'following: N/A
(a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No
Pharmacy? COPY MUST BE ATTACHED. Ei Li
15. Club Liquor License applicants answer the following and attach: N/A Yes No
(a) Is the applicant organization operated solely for a national. social, fraternal, patriotic. political or athletic purpose and
not for pecuniary gain? CJ El
(b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is ❑ El
soiely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain?
(c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years
(Three years required) __..__.. that was operated solely for the reasons stated above? El L-1
16. Brew -Pub License or Vintner Restaurant Applicants answer the following: N/A
(a) Has the applicant received or applied for a Federal Permit?
(Copy of permit or application must be attached)
Yes No
❑
17a. Name of Manager (for all on -premises applicants)
application for a Hotel, Restaurant or Tavern License,
nac
(If this is an
History Record (DR 8404-1).
Date of Birth
__,lame&Carr1 -_
the manager must also submit an Individual
17b. Does this manager act as the manager of, or have a financial interest in, any other liquor Yes No
licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. ❑ 12
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'' El Li
If yes, provide an explanation and include copies of any payment agreements.
DR 8404 (05/07/09) Page 4
19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS,
GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners, or members with OWNER-
SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach torm DR 8404-I (Individual History record),
and submit finger print cards to their local licensing authority.
NAME
HOME ADDRESS, CITY & STATE
DOB
POSITION
%OWNED'
------- -- --
James Kreitman
11500 EagTe Springs Trail—
Longmont, CO 80503
63Manager
Member/
51%
James Cardenas
1813 Sunlight Dr.
Longmont, CO 805_04
Member/
Manager
49%
'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
Li
■
�il
❑
Documents to be submitted by type of entity
CORPORATION ❑ Cert. of Incorp. ❑ Cert. of Good Standing (if more than 2 yrs. old) ❑ Cert. of Auth.
PARTNERSHIP ❑ Partnership Agreement (General or Limited) ❑ Husband and Wife partnership (no
LIMITED LIABILITY COMPANY ❑ Articles of Organization ❑ Cert. of Authority (if foreign company)
ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties
written
I
(if a foreign corp.)
agreement)
Operating Agrmt
Registered Agent (if applicable)
James Kreitman
Address for Service
11500 Eagle Springs Tr., Longmont, CO 80503
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. I also acknowledge that it is my responsibility and the responsibility of my agents and employees
to comply with the provisions of the Colorado Liquor or Beer Code which affect my license.
uthorized Sig fur
Title iDate
Member/Manager 5/16/12
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY)
Date application filed with local authority
Date of local authority hearing (for new license applicants; cannot be less
than 30 days from date of application 12-47-311 (1)) C.R.S.
THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS:
That each person required to file DR 8404-I (Individual History Record) has- Yes No
Z Been fingerprinted k I_...I
g Been subject to background investigation, including NCIC/CCIC check for outstanding warrants ........ DC Li
That the local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in
compliance with, and aware of, liquor code provisions affecting their class of license K
(Check One)
Sc Date of Inspection or Anticipated Date _.._ q- 13"- / a
[Ti Upon approval of state licensing authority.
The foregoing application has been examined; and the premises, business to be conducted. and character of the applicant are satisfactory.
We do 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, Colorado ,! a'fj
Telephone Number
970-356-4000 x 4225
—
TOWN. CITY
COUNTY __
Signature - — — -
l ilr
t�-Qif J>a County Commissioners
Date OCT0 g 2012
Signature (attest) _Iii_,
p
,� � e ;,t2-;Etpf�f the Board
Date OCT 082012
RECEIVED
SEP - 7 2012
COMMISSIONERS
BEIMFORD & ASSOCIATES, LLC
Attorneys at Law
1980 S. Quebec Street, Suite 204
Denver, CO 80231
Phone: (303) 368-8003
Fax: (303) 368-8054
E-mail: Jimb@b-glaw.com
September 6, 2012
Tonya Johnson
Deputy Clerk to the Board
Office of the Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
Re: Longmont Sports Academy, LLC; 1725 Vista View Drive, Units b, c & d.
Dear Tonya:
Enclosed is a check for $1625.00 to the Colorado Department of Revenue for the
Application referenced above.
Please let us know if you have any questions or require any additional information. I'm
sorry for the inconvenience with the checks.
Thanks.
JHB/jj
Encs.
Sincerely,
` James H. Beimford
RECEIVED
AUG 1 7 2012
WELD COUNTY
^flMMISSIONERS
BEIMFORD & ASSOCIATES, LLC
Attorneys at Law
1980 S. Quebec Street, Suite 204
Denver, CO 80231
Phone: (303) 368-8003
Fax: (303) 368-8054
E-mail: Jimb(a4b-glaw.com
August 16, 2012
Tonya Johnson
Deputy Clerk to the Board
Office of the Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
Re: Longmont Sports Academy, LLC; 1725 Vista View Drive, Units b, c & d.
Dear Tonya:
Enclosed is a check for $950.00 for the Application referenced above.
Please let us know if you have any questions or require any additional information. I'm
sorry for the inconvenience with the checks.
Thanks.
JHB/jj
Encs.
Sincerely,
es H. Beimford
RECEIVED
SEP - 4 2012
WELD COUNTY
COMMISSIONERS
BEIMFORD & ASSOCIATES, LLC
Attorneys at Law
1980 S. Quebec Street, Suite 204
Denver, CO 80231
Phone: (303) 368-8003
Fax: (303) 368-8054
E-mail: Jimb(&b-glaw.com
August 6, 2012
Ester Gesick
Deputy Clerk to the Board
Office of the Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
Sent Via Express Mail
Re: Longmont Sports Academy, LLC; 1725 Vista View Drive, Units b, c & d.
Dear Deputy Clerk Gesick:
Attached is a completed Hotel and Restaurant Liquor License Application for Longmont
Sports Academy. The principals of the Application are Jim Kreitman and James Cardenas.
Neither Mr. Kreitman nor Mr. Cardenas has been in the liquor industry before. Mr. Kreitman
previously held a liquor license in Central City but that establishment did not open for business
and the license was not renewed.
This License is primarily for the second floor Restaurant but the Applicant is also seeking
licensing of the area immediately below the Restaurant on the first floor, but not the remainder of
the first floor area.
The food operation and liquor service will be almost exclusively on the second floor.
The Applicant is seeking the additional space on the first floor in order to have the flexibility to
host events that would include patron service on the first floor. The first floor is also the area for
handicap food service so we are requesting liquor service for both special events and handicap
patrons on the first floor. The remainder of the first floor will not be licensed.
We have also included checks as follows:
Colorado Dept. of Revenue Application,
Annual Fees and Concurrent Review
Weld County Application Fee Plus
Annual Fee
Weld County Investigation Background
Check, 2 Individuals at $100.00 each
$1,625.00
$ 900.00
$ 200.00 •—
The onsite manager, James Cardenas, is also a principal of the Applicant so we did not
include additional manager registration fees for Mr. Cardenas.
Please let us know if you have any questions or require any additional information.
Thanks.
Sincgrely,
/ James H. Beimford
A.-
JHB/j j
Encs.
ATTACHMENT TO DR 8404
RETAIL LICENSE APPLICATION FOR
LONGMONT SPORTS ACADEMY LLC D/B/A
LONGMONT SPORTS ACADEMY
1725 VISTA VIEW DRIVE, UNITS B, C & D
LONGMONT, CO 80504
10. Has a liquor or beer license ever been issued to the applicant (including any of the
partners, if a partnership; members or manager if a limited liability company; or officers,
stockholders or directors if a corporation)? If 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.
Yes. 51% member and manager, James Kreitman, was granted a Hotel and Restaurant Liquor
license for the Central City Social Club which never opened at 110 Lawrence Street, Central
City, Colorado. Business is for sale.
DR B4G4.I (01i2S;11• )
COLORADO DEPARTMENT OF REVENUE
LI')UOR E.NrORCEMEN'r DiVI5ION
r'IFRCE STREET RM :D3A
I:ENVER CO BO"ai
INDIVIDUAL HISTORY RECORD
To be completed by the following persons, as applicable: sole proprietors general partners regardless of percentage ownership,
and limited partners owning 10% or more of the partnership: ail principal officers of a corporation, all directors of a corporation,
and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a
limited liability company, and members owning 10% or more of the company: and any intended registered manager of
Hotel and Restaurant or Tavern class of retail license.
NOTICE: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by 'N/A". Any deliberate misrepresentation or material omission may jeopardize the license application.
1. Name of Business
Longmont Sports Academy, LLC
2. Your Full Name (last, first, middle)
Kreitman, James Ernest
-
3. List any other names you have used.
Jim
-
4, Mailing address (if different from residence)
5. List current residence address. Include any previous addresses within the last five years (attach separate sheet if necessary).
STREET AND NUMBER
CITY, STATE, ZIP
FROM I TO
Current
11500 Eagle Springs Trail
- -- --
Longmont, CO 80503
-
6/2007 I Present
i
Previous
5 Hanover Terrace
London, UK NW14RJ
-- - -
7/2002 6/2007
fk
6. List all employment within the last five years. Include any se
f employment. (Attach separate sheet if necessary)
—NAME OF EMPLOYER OR BUSINESS
ADDRESS (STREET, NUMBER, CITY, STATE, ZIP)
POSITION HELD
FROM
TO
Self Employed
11500 Eagle Springs Rd. Longmont,CO 80503
Manage Invest.
1/07
Present
Credit Suisse
11 Madison Ave., NY, NY 10010
Head of Global Equitl,
3/94
1/07
i7. 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
None
8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Bow License, ur loaned money. furn ture, fixtures, equipment or
inventory to any licensee? If yes, answer in detail [zI Yes ❑ No Central City Social Club,
110 Lawrence Street, Central City - never opened for business - property for sale.
_
9. Have you ever received a violation notice suspension, or revocation for a ligl for law violation, or have you applied for or been denied a liquor or beer
license anywhere in the United States? If yes, explain in detail.
nYes ZNo
10. Have. you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court
or do you have any charges pending? (If yes. explain in detail.)
;_..1 YeS I No
11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.)
•-1 Yes V No
12. Have you ever had any professional license suspended, revoked: or denied? (If yes. explain in detail.)
1Yes III No
PERSONAL AND FINANCIAL INFORMATION
Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential.
The personal information required in question #13 is solely for identification purposes.
13a. Date of Birth I b. Social Security Number SSN
;
c. Place of Birth
Weymouth, MA
d. U.S. Citizen?
J Yes I —j No
e. If Naturalized, State where
f. When 1g. Name of District Court
1
h. Naturalization Certificate Number 1, i. Date of Certification
1
j. if an Alien, Give Alien's Registration Card Number
k. Permanent Residence Card Number
I. Height 1 m. Weight in. Hair Color
5'-10" 1200 ! Brn
o. Eye Color p. Sex
Grn M
q. Race i r. Do you have a current Driver's License? If so, give number and state
Cauc. iii Yes ; 'No
14. Financial Information.
a. Total purchase price $. N/A buying an existing business) or investment being made by the applying entity, corporation
_.._.......___._.__..__..___(if
partnership. limited liability company. other $ 5,000:00 cash flow from ex i sting operations
b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital,
stock purchases or fees paid $
_.None
c. Provide details of the Investment described in 14.b. You must account for all of the sources of this investment. Attach a separate sheet if needed.
Type: Cash, Services or Equipment
Source
Amount
N/A
d. Loan Information (attach copies of all notes or loans)
Name of Lender
Address
Term
Security
Amount
N/A
Oath of Applicant
I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge.
Auth zed S tt
Title
Member/Manager
Date
5/1/2012
20121115-115si.txt
DATE 11/09/2012
SO WELD COUNTY RECORDS GREELEY
1950 "0" STREET
GREELEY, CO 80631
RE: KREITMAN,JAMES ERNEST
Soc: xxx-xx-
No Colorado record of arrest has been located based on above
name and date of birth or through a search of our fingerprint
files.
DATE OF BIRTH:
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
July 15, 2012
To Whom it May Concern,
Please accept letter of recommendation for James
Kreitman in his application for a liquor license at the
Longmont Sports Academy 1725 Vista View Drive
Longmont, Colorado 80504. In my capacity as a Banker
with Wells Fargo Private Banking, I have gotten to know
Jim both professionally and personally. He has
maintained a high moral and ethical standard. Jim
supports both local business interests and charitable
organizations in our community.
Please do hesitate to contact me if I can be of further
service.
Regards,
Tyler Olsen
1 720 935 6641
July 15, 2012
To Who'it May Concern,
Please accept letter of recommendation for James
Kreitman in his application for a liquor license at the
Longmont Sports Academy 1725 Vista View Drive
Longmont, Colorado 80504. In my capacity as Real
Estate Broker with Prudential Real Estate, I have gotten
to know Jim both professionally and personally. He has
maintained a high moral and ethical standard. Jim
supports both local business interests and charitable
organizations in our community.
Please do hesitate to contact me if I can be of further
service.
Regards,
Jeff E icson
1 303 589 2741
July 15, 2012
To Whom it May Concern,
Please accept letter of recommendation for James
Kreitman in his application for a liquor license at the
Longmont Sports Academy 1725 Vista View Drive
Longmont, Colorado 80504. In my capacity as a small
business owner of Dirty Knees Gardening, I have gotten
to know Jim both professionally and personally. He has
maintained a high moral and ethical standard. Jim
supports both local business interests and charitable
organizations in our community.
Please do hesitate to contact me if I can be of further
service.
Regards
Terriith
1 720 938 4557
DR E404 -I (07125111)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE STREET RM 108A
DENVER CO 80281
INDIVIDUAL HISTORY RECORD
To be completed by the following persons, as applicable. sole proprietors; general partners regardless of percentage ownership,
and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation,
and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a
limited liability company, and members owning 10% or more of the company; and any intended registered manager of
Hotel and Restaurant or Tavern class of retail license.
NOTICE: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions
must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate
so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application.
1. Name of Business
Longmont Sports Academy LLC
2. Your Full Name (last, first, middle)
Cardenas, James Adam
3. List any other names you have used.
Jim
4. Mailing address (if different from residence)
5. List current residence address. Include any previous addresses within the last five years (attach separate sheet if necessary).
STREET AND NUMBER
CITY, STATE, ZIP
FROM
TO
Current
1813 Sunlight Dr.
Longmont, CO 80504
2002
Present
Previous
i 6. List all employment within the last five years. Include any self employment. (Attach separate sheet if necessary)
OF EMPLOYER OR BUSINESS
ADDRESS (STREET, NUMBER, CITY, STATE, ZIP)
POSITION HELD
FROM T TO
F.NAME
Premier Cleaning Services
1813 Sunlight Dr.,Longmont, CO 80504
President
1993
Present
I
at
List the name(s) of relatives work-ng in o • holding a financial interest in the Colorado alcohol beverage industry.
'7.
NAME OF RELATIVE
RELATIONSHIP TO YOU
POSITION HELD NAME OF LICENSEE
None
8. Have you ever applied for, held. or had an interest in a Colorado Liquor or Beer License, or loaned money. furniture. fixtures, equipment or
inventory lc any licensee? If yes, answer in detail. L� Yes No
notice.
if yes,
law violation, or have
CZ No
19. t-:ave you ever received a violation
license anywhere in the United States?
suspension, or revocation for a liquor
explain in detail. L i Yes
you applied for or been denied a liquor or Leer
I
10. tf air v i eve. been convicted of a sure or received a suspended sentence deferred selitenr.e. or forfeited bail for any nffe: se ri cc:minal or mili:u Y court '
or do you nave any cliarges per ,.ii g tlf yeti. explain in detail.)
Yes 41! No
11. Are you o'irr c:olly under pronatiorl (supervised of unsupervisodi. wrote. ur comok:liriy the requirements of a deferred sentence? tit yes. expiari in detail.)
Yes °✓ No
You ever had arty proressional sc.ense str5porldecr. revolve) ,er denied', (if Yes explain 91 detail.)
Ycs 'r.•No
PERSONAL AND FINANCIAL INFORMATION
Unless otherwise provided by law the personal information required in question #13 will be treated as confidential.
The personal nforrnatinn required in question #13 is .solely for itlentncc.atir>n purposes.
13e. Elate of tiff b. Social Security (dumber SSN i c. Place of eitth , d- li.S. i:rtlte n
i i Longmont. Colorado ! CI: Yes ' No
e. If Naunalized Suite: inhere rt. Viiiien Name ut District Court
I
h. Naturatizali.^.0 r.:errifit.ale Number .i I. Dale of r::,;i icotron f j.. If an l' Ifeo, 'Give Alien s Registration Card Number ! ft. Permanent ftes.dence fare Number
t. Height ' rn.:Neitsht :n. Nair Colts o. [ye Color! p Sex 1 q. Race r. Do you i lava d current Drivers License? if So, give r writer end slate
5 - 10" '200 .Black •IBm • M Hispanic ,ItY -
14. fin n r" 'trtome&tion
a. Mal purritise r i ice _N;A .... .... ........ ......... .._..._ ... _!i1 t<`liying are existing ixr.silles&) or investment ierrrrCj diode by the applying entity. Coiponaker
l:artnarshrp trmiertia:. ilycomps. riy,othel5.5,900_00cash flow from existing operations
b. L:5t the loll amoum or your inveatnlent in this business inotudtnq ony notes, loans Cush. services or equipment operating capital
stock t u:chie :es dr fees paid Shone
r.. Provide details of the Investment described in 14.b. You must account for all of the sources of this :rreestment. Attach a separate sheet it readed.
. N!A
d. Loan Information (attach copies of all notes or loam)
Type; Cash. Services or Equipment Source Amount
Name of Lender T-
Address Teem Security Amount
IN/A i t
lie
.hc,r:zed
Oath of Applicant
penalty & perjury th this application and all attachments are true. correct and complete to the best of my knowltrdg(
gnature Title D3tt�
Member/Manager
�71:3O1'1(}12
T -d
Xbd 11 C83SH1 dH Wdddrz zTOz TO 2fU
20121120-11281.txt
DATE 11/20/2012
SO WELD COUNTY RECORDS GREELEY
1950 "0" STREET
GREELEY, CO 80631
RE: CARDENAS,JAMES ADAM
SOC: Xxx-xx-
DATE OF BIRTH:
The Colorado arrest record for the person noted to follow.
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
ATTN: SO WELD COUNTY RECORDS GREELEY
COLORADO BUREAU OF INVESTIGATION - IDENTIFICATION UNIT
690 KIPLING STREET,SUITE #3000, DENVER, COLORADO 80215 (303)239-4208
THIS IDENTIFICATION RECORD IS FOR LAWFUL USE ONLY AND SUMMARIZES
INFORMATION SENT TO THE COLORADO BUREAU OF INVESTIGATION FROM
FINGERPRINT CONTRIBUTORS IN THE STATE OF COLORADO.
UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, THE COLORADO BUREAU OF
INVESTIGATION CAN NOT GUARANTEE THIS RECORD RELATES TO THE PERSON IN
WHOM YOU HAVE AN INTEREST.
IF THE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF AN ARREST
CHARGE OR DISPOSITION IS DESIRED, THAT INFORMATION MAY BE OBTAINED FROM
THE AGENCY WHO FURNISHED THE ARREST INFORMATION.
Page 1
20121120-11281.txt
ONLY THE COURT OF JURISDICTION OR THE RESPECTIVE DISTRICT ATTORNEY'S
OFFICE WHEREIN THE FINAL DISPOSITION OCCURRED CAN PROVIDE A CERTIFIED
COPY TO ANY SPECIFIC DISPOSITION.
STATE LAW GOVERNS ACCESS TO SEALED RECORDS.
BECAUSE ADDITIONS AND DELETIONS TO A CRIMINAL HISTORY RECORD MAY BE MADE
AT ANY GIVEN TIME, A NEW INQUIRY SHOULD BE REQUESTED WHEN NEEDED FOR
SUBSEQUENT USE.
***************************
NAME(S) USED:
PHYSICAL:
DATE(S) OF BIRTH:
PLACE(S) OF BIRTH:
SCARS/MARKS:
IDENTIFICATION
CARDENAS, JAMES ADAM
***************************
SEX: M RACE: W HGT: 511 WGT: 154
EYE: BRO HAIR: BRO SKN:
CO
SC BUTTK
************************** CRIMINAL HISTORY
Cycle 001
ARREST
DATE ARRESTED 04/03/1988
AGENCY LONGMONT PUBLIC SAFETY
ARREST NUMBER C00017660
NAME USED CARDENAS, JAMES ADAM
CHARGE 01
CHARGE LITERAL ASSAULT 3RD DEG
OFFENSE DATE 04/02/1988
cycle 002
ARREST
DATE ARRESTED
AGENCY
ARREST NUMBER
NAME USED
CHARGE
CHARGE LITERAL
OFFENSE DATE
ARREST
DATE ARRESTED
AGENCY
ARREST NUMBER
NAME USED
CHARGE
CHARGE LITERAL
TYPE/LEVEL
CHARGE
CHARGE LITERAL
10/12/1989
LONGMONT PUBLIC SAFETY
B0000744
CARDENAS, JAMES ADAM
01
ASSAULT 3RD DEG
10/12/1989
Cycle 003
ARREST
DATE ARRESTED
AGENCY
ARREST NUMBER
07/19/1996
LONGMONT PUBLIC SAFETY
A0073509
CARDENAS, JAMES ADAM
01
ASSAULT 3RD DEG
MISDEMEANOR
02
CRUELTY TOWARD CHILD
cycle 004
08/09/1999
LONGMONT PUBLIC SAFETY
A0112415
Page 2
NAME USED
CHARGE
CHARGE LITERAL
TYPE/LEVEL
OFFENSE DATE
CHARGE
CHARGE LITERAL
TYPE/LEVEL
OFFENSE DATE
COURT
CHARGE
CHARGE LITERAL
OFFENSE DATE
DOCKET
COURT DISPOSITION
DISPOSITION DATE
CHARGE
CHARGE LITERAL
DOCKET
COURT DISPOSITION
DISPOSITION DATE
SENTENCE
CHARGE
CHARGE LITERAL
OFFENSE DATE
DOCKET
COURT DISPOSITION
DISPOSITION DATE
SENTENCE
20121120-11281.txt
CARDENAS, JAMES ADAM
01
BURGLARY 1ST DEG
FELONY
08/09/1999
02
ASSAULT MENACING
MISDEMEANOR
08/09/1999
01
TRESPASSING TRESPASS 1 -DWELLING
08/09/1999
D0071999CR001525
DISMISSED BY DA
10/15/1999
02
ASSAULT MENACING
D0071999cR001525
DEFERRED SENTENCE
10/15/1999
60.00 $ VICTIM COMPENSATION 60.00 $ VICTIM
ASSISTANCE 18.00 $ COURT CO
03
TRESPASSING SECOND DEGREE CRIMINAL TRESPASS
08/09/1999
D0071999cR001525
DEFERRED SENTENCE
10/15/1999
12.00 M DEFERRED SENTENCE-UNSUPERVIS ED
*CRIMINAL JUSTICE AGENCIES MAY NOT HAVE PROVIDED ALL ARRESTS,
*CHARGES OR DISPOSITIONS TO THE CBI. THIS RECORD SHOWS ALL
*ARRESTS, CHARGES & DISPOSITIONS THAT WERE PROVIDED, UNLESS
*ACCESS TO THEM HAS BEEN LIMITED BY COURT ORDER.
*FALSIFYING OR ALTERING THIS RECORD WITH THE INTENT TO MISREPRESENT*
*THE CONTENTS OF THE RECORD IS PROHIBITED BY LAW, AND MAY BE *
*PUNISHABLE AS A FELONY WHEN DONE WITH THE INTENT TO INJURE OR
*DEFRAUD ANY PERSON. *
---- END OF RECORD MEETING DISSEMINATION CRITERIA ----
11/20/2012 10:10MT
Page 3
*
*
*
Jonathan P. Diet
554 Abbey Drive
Longmont, CO 80504
303/684-9411
Thursday, June 07, 2012
To Whom It May Concern:
Mr. Jim Cardenas has requested me to write a letter of reference for him. I have know Mr. Cardenas
for about the past 6 or 7 years and I have found him to be one of the most hard working and dedicated
people both with family and work I have ever met. I have seen him work with the kids in the community
on different sports teams as well as working at a few of his business in town.
With all that said, I have worked for IBM for the past 23 years in a number of Senior Leadership roles
and I wish I had a just a few people with the work ethics and personal characteristics of someone like
Mr. Cardenas. You can not go wrong with this guy!
Regards,
A
Jonathan P. Diet
June 6, 2012
To whom it may concern,
I am writing this letter of recommendation for James Cardenas (Jim). I have
known Jim on personal and professional level for over seven years. Some traits that
best describe Jim are: Hardworking, Honest, Trustworthy, Dedicated, Team
Oriented, Professional, Organized, and Responsible.
I have been professionally associated with Jim and Premier Cleaning in many
different jobs for my Company. Each and every time Jim's Company has proven
itself to be a professional organization without a doubt. Customer Service is
imperative to Jim, and it shows through his peoples' attention to detail, and their
professionalism in dealing with each customer. Satisfaction from his customers is
Jim's number one priority when working a job. Jim is very patient and listens well
to what his clients want on any given job. Jim's integrity and character are above
reproach.
I, without a doubt, recommend Jim for any job he is qualified to perform.
Sincerely,
A
r in
\,'L- L C7'
9
Mark S. Gallegos l'
Director of Area Operations for Bodan Inc. (dba Wendy's)
m gallegos(w> bodaninc.com
720.308.6802
Deborah Duran
2351 Tyrrhenian Drive
Longmont, CO 80504
May 10, 2012
RE: Jim Cardenas
Longmont Sports Academy
To Whom it May Concern:
I understand Jim Cardenas is applying for a liquor license and I would like to give a
character reference for him.
It is with great pleasure that I recommend Jim Cardenas. I have known him for twenty-
eight years.
Jim has always displayed a high degree of integrity, responsibility, and ambition. He is
definitely a leader in the community as well as a very caring individual. In addition to his
excellent work ethic, he has proven his leadership ability by organizing several
community sporting events and leagues in Longmont to provide both young people and
adults an opportunity to compete and learn good sportsmanship.
Jim also has good judgment and displays a mature outlook to ensure a logical and
practical approach to his endeavors.
I am happy to give him my endorsement.
Sincerely,
Deborah S. Duran
Human Resources Sr. Director
Pro Build
THIS LEASE HAS IMPORTANT LEGAL CONSEQUENCES.
THE PARTIES SHOULD CONSULT LEGAL COUNSEL BEFORE SIGNING.
COMMERCIAL LEASE
(Gross)
This Commercial Lease (the "Lease") is made on May 1, 2012 (date) and is entered
into by and between Landlord (as defined below) and Tenant (as defined below). In 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.
PARTIES, PREMISES, AND DEFINED TERMS
1. Landlord: Acme Investments, LLC
a(n) limited liability company [Individual, Company or Type of Entity), (the "Landlord").
2. Tenant: Longmont Sports Academy LLC
a(n) limited liability company [Individual, Company, or Type of Entity], (the "Tenant").
3. Premises: Landlord is the owner of certain real estate legally described as 1725 Vista View Drive,
Longmont, Colorado
in Weld [insert county],
Colorado (the "Real Estate"). The Real Estate is improved with a building
[insert description of building or buildings] (the "Improvements") (the Real Estate
and the Improvements are collectively referred to as the "Property"). Landlord hereby leases and demises to Tenant the
following described portion of the Property: Address 1725 Vista View Drive
Suite b, c, d consisting of N/A square feet (the "Premises").
4. Term: Landlord Leases the Premises to Tenant from twelve o'clock noon on the day of
May 20 12 and until 11:59 p.m. on the 30th day of April 20 22 (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.
5. Rent: Rental for the first year of the Term is Twelve Thousand
and 00 /100 Dollars ($ 12,000.00 ) payable in equal installments of One Thousand
and 00 /100 Dollars ($ 1,000.00 ) in advance to Landlord on the first day of each calendar
month for that month's rental before twelve o'clock noon, without notice (the "Rent"). Unless otherwise provided in the
Lease, all payments due under the Lease, including Additional Rent, shall be mailed, or delivered to Landlord at the
following address: 11500 Eagle Springs Trail, Longmont, CO 80503
If the Term does not begin on the first day of the month, the Rent shall be prorated accordingly. Rent for subsequent
years of the Term Xi shall ❑ shall not be increased. In the event Rent is subject to increase, it shall be increased on the
following basis: Change in Landlord's costs
No. e1003. COMMERCIAL LEASE (Gross) (Page I of II)
nlliuls.
Landlord Tenant
Bradford Publishing, 1743 Wazee St., Denver. CO 81)21)2 — (3(13) 292-2591) — wwwhradfordpubliching.com — eform
6. Option: Tenant ❑ shall Xi shall not have the option to extend the Term, pursuant to the terms and
conditions contained herein, for an additional N/A period (the "Option").
In the event Tenant desires to exercise the Option, Tenant shall, at least 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: N/A
The option shall only be exercisable provided that no Tenant Defaults currently exist and that no Tenant Defaults have
occurred over the Term of the Lease which have not been cured 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 N/A
and /100 Dollars ($ N/A ) as security for the return 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").
S. Use: The Premises shall be used for Sports Academy with Restaurant serving Alcohol
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. Utilities/Additional Rent: Tenant shall be responsible for paying the following utilities upon the Premises,
which charges shall be deemed Additional Rent: ❑ Electric ❑ Gas ❑ Water ❑ Sewer ❑ Phone ❑ Cable/Satellite
T.V. ❑ Internet Access ❑ Refuse Disposal X Other as agreed
If the Premises shares meter facilities for utilities, the charges shall be allocated to each tenant by Landlord based upon
a reasonable basis. In the event Tenant fails to timely pay any of the aforementioned charges, it shall be deemed a
Default. Landlord shall be responsible for any remaining utilities not specifically designated to be paid by Tenant,
including utilities for Common Areas (as defined below).
10. Payment of Additional Rent: Additional Rent shall be paid by Tenant to Landlord in monthly installments
concurrent with the Rent.
11. Late Payments: If any Rent, Additional Rent, or other payment is received later than N/A days after
the date when due, the parties agree that Additional Rent in the amount of ❑ $ or ❑ percent
( %) of the outstanding sums shall also be due and payable. The addition of such amount and the collection
thereof shall 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 ❑ Landlord X Tenant shall maintain the foundation,
exterior walls, and roof of the Improvements in good repair. The ❑ Landlord $I Tenant 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 ❑ Landlord ® Tenant shall properly irrigate and care for all
trees, shrubbery, and lawn and the ❑ Landlord X Tenant 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 N/A 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 X shall not designate specific spaces for the Parking License prior to commencement of
the Term.
PREMISES
14. Common Areas: The common areas are all areas outside of the Premises upon the Property designated by
Landlord for common use of Tenant, its employees, licensees, invitees, contractors, and Landlord (the "Common Areas").
Landlord grants to Tenant, its employees, licensees, invitees and contractors a non-exclusive license over such Common
Areas of the Property necessary to the use and occupancy of the Premises and Parking License (the "Common Area
License"). Said License shall be effective for the Term of the Lease. Tenant shall not use Common Areas for any type
of storage, or parking of trucks, trailers, or other vehicles without the advance written consent of Landlord. All parking
and Common Areas of Property shall at all times be subject to the management of Landlord, and are not part of the
Premises. All use of the Common Areas shall be at the sole risk of Tenant, and Landlord is not liable for any damages,
or injuries occasioned by such use. Landlord shall have the right, power, and authority to compile, promulgate, change,
and modify all rules and regulations that it may, in its sole discretion, deem necessary for use of the Common Areas.
No. c1003. COMMERCIAL LEASE (Gram) (Page 2 of II) Inidul:
Landlord Tenant
Tenant agrees to abide by and conform with all rules and regulations pertaining to such Common Areas. Landlord shall
have the right to construct, maintain, and operate lighting facilities; to police and from time to time change the area,
location, and arrangement of the Common Areas and facilities; to restrict employee parking to certain areas; to temporarily
close all, or any portion of the Common Areas; to discourage non -customer parking; and to do and perform any and all such
other acts in and to said Common Areas and facilities as Landlord shall determine in its sole and absolute discretion.
15. 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 Premises, 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 improvement of the
Premises, 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 he 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 in the 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.
16. 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.
17. 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. Landlord expressly reserves
its right to lease space within the Property as it sees fit, unless explicitly prohibited by other provisions in the Lease.
Landlord's demise of the Premises to Tenant does not preclude Landlord from leasing other parts of the Property to other
tenants who may be viewed objectively, or subjectivvely as competing with Tenant.
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, and standards of the Property and the Improvements. Additionally, Landlord may provide signage space
on a common, or community sign located on the Property.
c. Vacancy: It will be deemed a Default of the Lease if the Premises are left vacant and unoccupied for over
thirty (30) days. In 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 h.. a physician for a specific person occupying or present upon the
Premises) shall he 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.
No. e1003. COMMERCIAL. LEASE (Cross) (Page3 of It)
mit ms:
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
of the 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
unpleasant odors, and disruptive behavior or actions Tenant shall not permit any portion of the Premises to be used in a
manner that may endanger the person or property of I andlord, co -tenants, or any person living on or near the Premises.
Tenant shall keep all portions of the Premises in a clean, sate, sanitary, and habitable condition.
f. Pets and Animals: Pets or animals NI shall ❑ 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 10 members of the 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 if the presence of hazardous material on the Premises caused, or permitted
by Tenant results in contamination of the Premises, or if contamination of the Premises by hazardous material otherwise
occurs for which Tenant is 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 pursuant to 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 security purposes only, the Landlord
shall be automatically relieved of any and all obligations and habilities 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 rule,. and regulations.
18. 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. If'le :aim is a corporation, limited liability company, or other entity that is
not a natural person, any change in ownership of more 'hail 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 sublessee shall be made directl: by said orrty to Landlord, and not through Tenant.
19. 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 h:. casualty and normal wear and tear excepted. Any deterioration
or damage caused by accident, abuse, carelessness, nr negligence shall not be considered normal wear and tear. In the
event that Tenant fails to redeliver the Premises in appropriate condition, Landlord may restore the Premises to
appropriate condition, including repair, replacement_ and cleaning. The cost of any work necessitated shall be deducted
from the Security Deposit; if the Security Deposit is insufficient to cover work perforated, Tenant shall be obliged to pay
the additional balance.
20. 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 :r,.lditions and signs made by Tenant as Landlord may request and
repair any damage caused by such removal. Tenant shall pas: eably yield up the Premises and all alterations 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 ft ue i ? days following such termination shall, at Landlord's option,
become the property of Landlord.
PASNIENTS
21. Payments/Dishonored Checks: P; sinews shall he deemed received when actually delivered to, and
received by, Landlord at the payment location. Dishonored chucks and any checks received late in the mail will be treated
as late payments. Additional bank and handling canrees man also be assessed in the event of a dishonored check. The
No. e1003. COMMERCIAL LEASE (Gross) (Page 4 of Ill
Landlord Tenant
foregoing items shall be deemed Additional Raft '_ .nd'.nrd may require Tenant to replace such dishonored check with
a money order, cashier's check, or other good 11mas. Landlord may further require that all subsequent payments after a
dishonored check be paid with a money order.::,,Lie:r , ;beck. or other good funds.
22. Partial Payment: If any partial ptomain'_ Is made by Tenant, it shall be allocated first to the payment of
Additional Rent, including, without limitation. u:'P,rs I If :.pplic„ble) 'md other expenses; and second to unpaid Rent.
Acceptance by Landlord of any partial paymenthe right of Landlord to require immediate payment of
the unpaid balance of Rent or waive or afiect ' mnilord's right, to institute legal proceedings including, without
limitation, an eviction action.
23. No Offset: No assent, express or impl led. N.: .ino atilt of any one or more of the agreements hereof shall
be deemed or taken to be a waiver of any st,c;:ceoiiic yr other Default. The covenants set forth in the Lease are
independent. Tenant shall have no right to rs it'rhhoiri ; r .ef :d: cm., Rent due Landlord.
24. Joint and Several Obligations of Tena ihe :L.v 'note than one person comprises Tenant, it is expressly
understood and agreed that each person comprising Tec,mf s jointly and severally liable for any and all obligations of
Tenant in the Lease. This means that all persons ctint :Linty Tenant are each, together and separately, responsible for all
of Tenant's obligations. Landlord may, at its op' .inn hr c vti:a sallcm to hold responsible.
sl:CUR _F Y DEPOSIT
25. Security Deposit:
a. Security Deposit: To secure the fahud ui psunmrmce by Tenant of all of Tenant's covenants, conditions, and
agreements in the Lease to be observed and perfot mod, Tenant shall deposit with Landlord the Security Deposit prior to
commencement of the Lease. The Security Deposit nay alto he used in the event of termination of the Lease by re-entry,
eviction, or otherwise.
b. Application of Security Deposit; Lc I,::,:H., :,urge: I I f that die. Security Deposit or any portion thereof,
may be applied to the curing of any Default th>t Ind/it, payment of subsequent damages and costs incurred
by Landlord, without prejudice to any other retc or n'nodies that Landlord may have on account thereof, and upon
such application Tenant shall pay Landlord oc .' ,d.::,' tl:e (me um so applied, which shall be added to the Security
Deposit so it will be restored to its original am: f_.. ! _' .11,1' sh.,uld the Premises be conveyed by Landlord, the Security
Deposit or any portion thereof may be turned ,r, .t:1(:;O1%.1 • grantee, and if the Security Deposit is turned over,
Tenant agrees to look to such grantee for such it .on it !3) that Landlord shall not be obligated to hold the
Security Deposit as a separate fund; (4) that sixx.,.: the itco . he nil ceased. the Security Deposit shall be increased in the
same proportion within thirty (30) days of such f;:fl in:'::.,,e. uud (5) that should a Default occur, Landlord may, as an
additional remedy, increase the Security Depo<it e, ion
c. Return of Security Deposit: ft "lel'.r'r .!l.II. rt, lima (di of it, respective covenants and agreements in the
Lease, the Security Deposit, or the poi fin' - -r-t 6r.',k applied pursuant to the provisions of the Lease,
together with a statement, shall he returned m �'. -la r I;u �.t ln;erest- no later than sixty (60) days after the expiration
of the Term, or any renewal or extension there,"' s ... coI I !CI I i It it required by applicable law), provided Tenant has
vacated the Premises and surrendered posse„i. a:.usf,rot Landlord.
R EPA I
26. Improvements, Repairs and Mainte
below, either Landlord or Tenant, as specified io.
the respective improvements, repairs, and maim:
floors, ceiling, roofs, sewer connections. plumy.r
27. Landlord's Limited Responsibility.
responsibility for certain repair and moultt.raur,
restorations, or maintenance that have been f
replacements, restorations, or maintenance Mil, 1,,
fire not caused by Tenant. The cost of any maio. fr
or abuse of Tenant, its agents, employer,
Landlord promptly upon billing. Landlord
promptly; provided, however, that Landlord sh, :I
ti 'r.',l) `,LIINTENANCE
'lamer Subject to the limitations set forth in Paragraphs 27 and 28
Lrnot .p!; 2 above, shall he responsible for the cost and condition of
!.. ,u Inr rt. ell srrnctural components, interior and exterior walls,
and glass used in connection with the Premises.
in I',c o. zr.l Paragraph I? of the Lease provides for Landlord's
.:,::.,:it,,l stall he responsihle for: ti) any repairs, replacements,
..0 a r.' P.y 1,!,i`“111 of ordinary wear and tear, and (ii) any repairs,
„n toes,itated by sudden natural forces, or acts of God, or by
. of roolocements necessitated by the act, neglect, misuse,
sash's. Oct osces. Invitees_ or contractors shall be paid by Tenant to
.:h!e effort, to cause any necessary repairs to be made
tit IF..iiiwoatsoever for any delays in causing such repairs to
No. e1003. COMMERCIAL LEASE (Grimm (Pap 5 of I
I:.iodlord Tenant
be made, including, without limitation. ant1..
Tenant to any abatement of Base and Addition
28. Tenant's Allowed Responsih lutc,
responsibility for certain repair and mamt I :-.
repairs of any kind upon the Premises of0
the responsibility of Landlord becomes :lecess,
time for the work to be completed.
expense of Tenant.
29. Tenant's Duty to Repair: In the
certain repair and maintenance. Tenant shall. at !.-
limited to, the plumbing, exterior plate gi.t :5
fixtures, appliances, and interior walls. &tot s
connection with the Premises (and includtne Ir_
in Paragraph 12). Tenant shall, at Tenant's oxe.
such equipment, fixtures, appliances, and appei.
repairs shall include all replacements. renewal
shall be equal or better in quality and class to 1.
Landlord may obtain them and bill Tenant for
30. Tenant Improvements: Uale>' ctna
any and all improvements and alterations s,i ,..
including, but not limited to, electrical "_;rin,.
systems, wiring, and fixtures necessary to ti i " .:
31. Improvements/Prior Landlord :r
specifications, including engineering, mer rani. •
if applicable, and any subsequent impro' ciaei, '
such detail as Landlord may require. auc in Le.
As soon as reasonably feasible thereatt,
Landlord's approval. Tenant shall cause
approval. Tenant shall not commence any le,..
Landlord has approved Tenant's plans.
32. Tenant Work and Repairs/Conte':
permits before undertaking Tenant Work or
a good and workmanlike manner. Tenant shall
only with contractors previously approve,:.'f
regulations, including, but not limited to. I hike:
and Landlord's agents harmless and incite:dim :
(including the cost for defending agate. 't u,e t,
Tenant shall promptly pay when due the el. to
by Tenant, so that the Premises shall a
indemnify, defend, and hold Landlord Itht dale reasonable attorneys' fees, incurred in . IC's materials, or supplies furnished to Tenand m,
liens be filed or recorded against the Pr:robes,:.
to, or on behalf of Tenant, or should sly t
to be released of record within five Cal ,.r.,.
Tenant shall nonetheless cause such Itch '-
competent jurisdiction as may be provide t�
any charge for which such mechanic's Its, .0
caused the lien to be released as aforesa,d Ir.
and any associated costs, and the awe,
therewith, shall be immediately doc ti ant :c: ,
33. Common Area Maintenance: i _..
of Property, including walks and park tug
act, neglect, misuse, or abuse by Tema:. 'Is
No. e1003. COMMERCIAL LEASE I Crosse !Fags o nI' •
I,,ir -'1 loss at Tenant's business, nor shall any delays entitle
odeemed an eviction of Tenant in whole or in part.
ikiacmph 12 of the Lease provides for Landlord's
t: ran I m i i i.,mu or contract with third panics to perform any
femi..'r ' Premises are located. In the event any repair that is
obit ! :mdlord as soon as possible, and allow reasonable
a 1 I,:1 Ed Iced or contracted for by 1 enant will be at the sole
t2 of the I_easc provides for Tenant's responsibility for
.t aril ,pease. maintain the Premises, including, but not
t,N .:ow loaves, electric wiring, HVAC equipment,
dances belonging thereto installed for the use or used in
:or malls, and roof of the Improvements, if so provided
ns and ohen needed all repairs to the Premises and to all
-_ ry to keep the snare in good order and condition. Tenant
satire. . Ideneonents the 'Tenant Repairs'). All Tenant Repairs
rim: u1 -rk in the event Tenant fails to complete Tenant Repairs,
'okl.r,mal Rent.
1, 0 the y'.'ork Letter, Tenant shall be solely responsible for
.e, nccec'aty for Tenant's intended use of the Premises,
chum_. gaming, drywall, flooring, finish work, telephone
c, rsdi' ion suitable for Tenant's use (the "Tenant Work").
en e -:s to submit to Landlord complete plans and
r; covering; any and all contemplated Tenant Work.
r'r..misess. The plans and specifications shall be in
e • a, l epl!c.lh'e statutes, ordinances. regulations, and codes.
1,IC_ lr 1 ..n of am failures of Tenant's plans to meet with
_ . ; ,o the extent necessary to obtain Landlord's
r her hnplovements, Of alterations of Premises until
,aor.,Alec;wnic Liens: Tenant shall procure all necessary
di Pei o:m all Tenant Work or Tenant Repairs in
'ooe quality and perform Tenant Work or Tenant Repairs
!Liu! . r:. tenant shall comply with all laws, ordinances, and
tc' e codes. Tenant hereby agrees to hold Landlord
!toe, I loss. clams, or damage to any person or property
:d ''y. or grow ing out of Tenant Work or Tenant Repairs.
`,vork or Tenant Repairs on the Premises undertaken
s ;or labor and materials. Tenant hereby agrees to
itabi ' Itc. loss, damages, costs, or expenses, including
Hs of any nat;re whatsoever for work performed for, or
L:hmcrs, materialmen, or others. Should any such
specs to work done for, or materials supplied
't'.- nc._Io be commenced. Tenant shall cause such liens
Ir ii 'F, nant desires to contest any such claim of lien,
i !e• lit, posling of adequate security with a court of
_Id s lien statutes. If Tenant shall he in default in paying
•i'... !: ..t nee ha-- been recorded or filed and shall not have
being required to do so) pay such lien or claim
:table attorneys fees incurred in connection
Fart
r, me el tons to maintain and repair Common Areas
ncerepairs_ or replacements necessitated by the
ins flees. .11 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.
34. Keys/Locks: Tenant shall not place any additional locks upon the Premises, including, but not limited to,
exterior and interior doors. Tenant shall not cause any of the locks or cylinders therein to be changed or re -keyed.
35. 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
36. Default: If Tenant is in arrears in the payment of any 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 lien remedies;
(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 Additional Rent, 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.
37. 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 of the Premises and exercise any of the remedies contained
in Paragraph 38 below.
38. Re -Entry: In the event of re-entry by Landlord as a result of abandonment or a Default by 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 Lease;
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 be applied first to Rent, Additional Rent, and other
payments due; and
f. Tenant shall surrender all keys and peacefully surrender and deliver up possession of the Premises.
INSURANCE AND INDEMNIFICATION
39. 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.
40. 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 a negligent, intentional, or reckless 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
No. e1003. COMMERCIAL (.EASE (Gross) (Page 7 of 111 Initials_
Landlord Tenant
may appear, against all claims, demands, or actions for injury to or death in an amount of not 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.
41. Fire/Casualty Insurance: Tenant shall maintain plate glass insurance covering all exterior plate glass in the
Premises, 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.
42. 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.
43. 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,
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 pipe, or downspout: (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, plaster, or stucco;
(II) fire or other casualty; and (12) any act, omission, or negligence of co -Tenants, or of other persons or occupants of
the Property, or of adjoining or contiguous buildings, or of adjacent or contiguous property.
44. 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.
45. 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.
46. Indemnification Fees and Costs: In case any claim, demand, action, or proceeding 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 he 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
47. Destruction or Condemnation of Premises: 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 47 shall apply if Landlord determines
that the partial destruction will not be repaired.
b. Premises Untenable: If the 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 47 shall apply.
No. e1003. COMMERCIAL LEASE (Gross) (Page 8 o II)
Landlord Tenant
c. Condemnation: If the whole or part of the Premises are taken by any authority for any public or quasi -public
use, or purpose, then Subparagraph (d) of this Paragraph 47 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 47, 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 of the
Premises due to the cessation of the Term under the conditions of this Paragraph 47. Where the Premises have been taken
due to condemnation as described in Subparagraph CO of this Paragraph 47, the Term of the Lease shall cease and
terminate upon the date that possession of the ('remises 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.
48. Holdover: Tenant shall vacate the Premises and remove all of Tenant's personal property from the Premises
prior to 11:59 p.m. 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 to such possession_ then such tenancy shall be regarded as a month -to -month
tenancy, at a monthly rental, payable in ads ance, equivalent to the last month's Rent paid under the Lease, and subject
to all the terms and conditions of the Lease.
49. 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 of emergency, without notice, or in the event of vacancy of the Premises, as described in
Paragraph 38.
50. Guarantor: In the event the Lease is guaranteed, the person(s) guaranteeing the Lease ("Guarantor")
hereby absolutely guarantees Tenant's obligations and performance under the Lease. Guarantor further agrees to be
bound by the same covenants and conditions of the Lease and hereby makes the same warranties and representations as
Tenant hereunder. If Tenant defaults in the performance of its obligations under the Lease, Guarantor will perform said
obligations.
51. Subordination/Estoppel/Attornment: The Lease shall be subordinate to all existing and future mortgages,
deeds of trust, and other security interests on the ?remises 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 attorn to a lender or other party coming into title to the Property upon
written request of Landlord.
52. Notices: All notices required to be sent under the Lease shall be in writing and either: (i) delivered as
provided by applicable law, including. inter alit,. 13-40-1(11, 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 he sent to I andlord shall he 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. Notwithstanding the foregoing. all notices invoking or concerning § 13-40-101, C.R.S., et seq. shall be delivered
as provided by statute.
53. 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 may he, 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.
54. Governing Law: The Lease shall he 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.
55. Amendments and Termination: Unless otherwise provided in the Lease, the Lease may be amended,
modified, or terminated only by a written instrumeio executed by Landlord and Tenant.
56. Captions: The paragraph titles or captions in rite Lease are for convenience only and shall not be deemed to
be part of the Lease.
No. e1003. COMx1ERCi SI. I E.ASIC t Crossl ,Past n or tl i
'iitials.
Landlord Tenant
57. Pronoun : Joint and SO c9 Ji CS(' of Certain Terms: Whenever the terms referred to in the Lease are
singular. the sank sir .di be deeded to ,r as the Aural. as the context indicates, and vice versa. All references to the
"Landlord" shall mama Lan_ lord aauiot i's authorized agents, contractors, or employees as may be required by the
specific contentAll re crenec, :o tin: "tenant- 'null mean each and every person comprising Tenant, or an individual
person. or comhin ,011 :'f pe •.errs eon, n' b rant as may he required by the specific context.
58. Waivers: No rich, under ,h: 1 ase roar be vlived except by written instrument executed by the party who
is waiving such right. :No': i i'er of am breach of any provision contained in the Lease shall be deemed a waiver of any
preceding or succeeding hre.icn of tiler provision. or of any other provision contained in the Lease. No extension of time
for performance of any obis: ations or acts shah bo deemed an extension of the time for performance of any other
obligations or acts
59. deirs..isnsr,", Sour croft: s• ;-he L -a. -e is hinting and inures to the benefit of the heirs, assigns, and
successors in Mir fs: to IT: , alev. son ., .r ,,,e ..,;trictler.s on assignment in Paragraph 18.
60. Time or h,e Ls ,.ee: Time , al I to essence of the Lease, and each and all of its provisions.
61. No Rosen. stit.o of Option: l.ti nnission of this instrument for examination or signature by Tenant does not
constitute a reser, tr... ,,f <,:.tot:On tc, and is not effective as a lease or otherwise until execution and delivery by
both Lessor and Tenann.
62. Credit Reports. "l ,,an ;:er N; drams landlord permission to obtain from time to time investigative
consumer report: to ,, eortam Ire cierlh t+('Ithou ss of Tenant and Tenant's guarantors, if applicable.
63. Corporals Authorization. 1 Tenant is a corporation, each individual executing the Lease on behalf of the
corporation represents and A. reams that be i, :nth authorized to execute and deliver the Lease on behalf of said
corporation ;n a,ad dsc_c v a duo r cal, ,pied resolution of the Board of Directors of the corporation and that the Lease
is binding t.po,t sees- cia ,, 'it d.. Or' a.nce „ lin its terns. Lessee agrees to provide Landlord with such a resolution
within five ,5 iav,.>, the d ,a the Lease.
64. Severabih '. I, .sot ter, ,......un,a,t_ condition. or provision of the Lease, or the application thereof to any
person or cir:,tlu..m,c.• ,dn,c „i to ,...s extent, he invalid or unenforceable, the remainder of the Lease, or
the application of sueh teenor pro; oit.n t,, ners,rns. or circumstances other than those to which it is held invalid, or
unenforceable. sr ' u o_ ,,n < hit :.' n I . oeii pros ision of the Lease shall be valid and shall be enforced to the
fullest extern_ peen o.t,_,i ih L,w.
65. i.ead-ih.svt Pan: Disclosure Buhr Ilousing built before 1978 may contain lead -based paint. Lead from
paint, paint chips. and dust era pose health hazards if not managed properly. Lead exposure is especially harmful to
young children ,.: -nth,' y inkin Bdh ee rooting pre -1978 housing, landlords must disclose the presence of known
lead -based paint and lead , d pia :, ,.a.'ar:s at the dwelling. Tenant must also receive a federally approved pamphlet
on lead poisoning pl._'.snti,,:-. 'n the esr t the Pi cruises were constructed before 1978, Landlord shall comply with the
Lead -Based i'a„r, _%i,; _.,. r, e. !'_ l .',
66. Toth tootic.. dr. _aa.. .-. a: al. ,Lde. county. or municipal laws and ordinances may affect the Premises,
the Lease, aoo , n. L:,lo,..,,,lh rust tire not specifically addressed in the Lease. Landlord and Tenant should
consult legal co:. ,oil.• to, see.dd.o he L_,. ,c to ascertain such information.
67. ,d)tt „n.ali:,nct. Icnon.I, hn_v_. use or permit any violation of the Americans with Disabilities Act(the
"ADA' I to Fe: 2. ., ..''„ , rte , , t enant- its agents, employees, contractors or invitees. Tenant shall
indemnity. del end ., 4,d au ,roc' _. - ,vin an, and all claims, judgments, damages, penalties, fines, costs,
liabilities. or loss, , r' u,ae sn. ,ionimrt t,su in value of the Premises, damages for the loss or restriction
of use of reandef , t ._.. - c h.ri u, front any adverse impact on marketing of space, and sums paid in
settlement of ...,ins ;a,t'a'e roes, ca:,ul,ation fees and expert fees) that arise during or after the Term as a result of
such violation i .,e n., lac andiur,i by Tenant includes, without limitation, costs incurred in connection
with any ins e: at: m. i .,.. , remedi.11 work required by any federal, state, or local governmental
agence or p, u_',-, ' _ ,.,I. t ,e. . n r? I: s, iolation present on or about the Premises. Tenant shall be permitted
to make sn..'l alp.t: it ft c. `,c n.crsnry to comply with the ADA, at Tenant's sole expense and
upon the pr Ica wt.. Wino: limning the foregoing, if the presence of any ADA violation on the
Premises c„ LikS i'' ern:ediol work on the Premises, Tenant shall promptly take all actions
at its solo esh t. '. 'r: T.LI.hi2u,ill;. a,, If coinply with the ADA; provided that Landlord's consent to such
actions shall kI u h s., n ( v ,:asonahl) withheld.
No. e1003. Canter it .1
Initial
Landlord Tenant
Or
68. Additional Provisions: In the event that there are any additional agreements between the parties or
provisions with respect to the Premises, an Addendum may be attached to the Lease, which shall be incorporated by this
reference as a part of the Lease. An Addendum containing additional provisions ❑ is ❑ is not attached. The Lease and
the attached Addendum constitute the entire agreement between the parties.
THE PARTIES SHOULD INITIAL EACH PAGE OF THE LEASE AND SIGN BELOW. EACH PARTY
SHOULD RECEIVE A SIGNED COPY OF THE LEASE AND ANY ADDENDA.
TENANT:
Longmont Sports Academy LLC
Limited Liability Company
Ifudivi tat or Type ooIf Entity]
By: .wt
Manager
LANDLORD:
a(n) Acme Investments, LLC
I Signunve of individual]
Limited Liability Company
tlndit iduy l or 7ypc p/' Entity
By:
Its Manager
Or
a(n)
ISignannr of individual]
Date: Date:
GUARANTOR (if applicable):
[SignnuveI
[trial
Date:
No. e1003. COMMERCIAL LEASE (Gross) (Page II of II)
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,
Acme Investments, LLC
is a Limited Liability Company formed or registered on 03/10/2009 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 20091145036.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 08/09/2012 that have been posted, and by documents delivered to this office electronically
through 08/13/2012 @ 09:48:41.
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 08/13/2012 @
09:48:41 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 8313698.
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, hap Antic t to co. u.s:'his C etnificae,carl,Criter-to.do entering the certificate's confirmation number
displayed on the certificate, and fllowing the instnnctions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance ofa certificate. For more information, visit our Web site, hnn /'rrrnr cos state.co.uvf click Business
Center and select "Frequently Asked Questions."
CERT GS JD Revised 08/20/2008
Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business Center.
-FIIed
Colorado Secretary of State
Date and Time: 03/10/2009 03:28 PM
ID Number: 20091145036
550.00 Document number: 20091145036
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
I. The domestic entity name of the limited liability company is
Acme Investments, LLC
(The name of a limited liability company must contain the term or abbreviation
"limited liability company" "ltd liability company" "limited liability co." "ltd
liability ca.'' ''limited" "l.l.n" "Ilc" or'ltd.".See §7-90-601, CR.S.)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
11500 Eagle Springs Trail
Street address
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(Street number and name)
Longmont CO 80503
(City)
(Province - i/'applicable)
($tote (ZIP/Postal Code)
United States
(Country)
(Cav)
(State) (ZIP/Postal Code)
(Province —if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
11500 Eagle Springs Trail
Kreitman
James E
(Last) (First)
(Middle) (Suffix)
Street address
ARTORG_LLC
(Street number and name)
Longmont
(City)
co 80503
(State) (ZIP Code)
Page I of 3 Rev. 02/28/2008
Mailing address
(leave blank if same as street address) (Street mmber and name or Post Office Box information)
0e following statement is adopted by marking the box)
(City)
CO
(State)
The person appointed as registered agent has consented to being so appointed.
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Kreitman
James E
(Last) (First) (Middle) (Suffix)
Mailing address
11500 Eagle Springs Trail
(Street number and name or Post Office Box tnfbrmotion)
Longmont CO 80503
(City)
Unite t States
•
(Province -if applicable) (Country)
(If the following statement applies, adopt the .statement by marking the box and include an attachment.)
(ZIP/Postal Code)
❑ The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box)
❑ one or more managers.
OR
n the members.
6. (The following statement is adopted by marking the box)
❑✓ There is at least one member of the limited liability company.
7. (If the following statement applies, adopt the statement by marking the box and include an attachment.)
O This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective dale has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies, adopt the statement by entering a date and, if applicable time using the required format)
The delayed effective date and, if applicable, time of this document is/are
(nun/dd/vyyv hour:minute am/pm)
ARTORG_LLC
Page 2 of 3 Rev. 02/28/2008
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.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Kreitman James E
(Last) (First) (Middle) (Suffix)
11500 Eagle Springs Trail
(Sired number and name or Post Office Box information)
Longmont CO 80503
(City)
(Stale) (TIP/Postal Code)
United States
•
(Province —if applicable) (Country)
(lithe following statement applies, adopt the statement by marking the box and include an attachment)
❑ This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC
Page 3 of 3 Rev. 02/28/2008
OPERATING AGREEMENT
OF
LONGMONT SPORTS ACADEMY LLC,
A COLORADO LIMITED LIABILITY COMPANY
OPERATING AGREEMENT
OF
LONGMONT SPORTS ACADEMY LLC
This Operating Agreement is entered into by the Member of LONGMONT SPORTS
ACADEMY LLC, a Colorado Limited Liability Company (the "Company") to be effective as of
May 1, 2012.
RECITALS
This Operating Agreement governs the operation of the Company, pursuant to the
Colorado Limited Liability Company Act (C.R.S. § 7-80-101 el seq.), as amended from time to
time (the "Colorado Act").
ARTICLE 1.
FORMATION OF COMPANY
1.1 Formation. On August 10, 2011, the Articles of Organization of LONGMONT
SPORTS ACADEMY LLC, a Colorado Limited Liability Company were duly filed in the
office of the Secretary of State of the State of Colorado under and pursuant to the Colorado Act.
In the event of any inconsistency between such Articles of Organization and the terms of this
Operating Agreement the terms of the Articles of Organization shall govern.
1.2 Name. The name of the Company is: "LONGMONT SPORTS ACADEMY
LLC".
1.3 Principal Place of Business. The principal place of business of the Company
within the State of Colorado initially shall be 1725 Vista View Drive, suite b,c,d, Longmont,
CO 80504. The Company's principal operations shall be conducted at that address. The
Company may locate its place of business and registered office at any other place or places as the
Member may from time to time deem advisable.
1.4 Registered Office and Registered Agent. Company's initial registered agent
shall be James Kreitman and the Registered Office shall be located at 11500 Eagle Springs
Trail, Longmont, CO 80503.
1.5 Term. The term of the Company shall commence with the filing of these Articles
of Organization with the Secretary of State of the State of Colorado and the Company shall have
perpetual life, unless the Company is earlier dissolved in accordance with either the provisions of
this Operating Agreement or the Colorado Act.
Page 2 of 9
1.6 Business Purpose. The business of the Company shall be as follows:
(a) Purposes. To enter into partnerships, joint ventures, syndicates, and other
business associations and to invest in, own and operate, directly and through partnerships, joint
ventures, syndicates, and other business associations, sports academy restaurants, bars, and other
establishments that sell food and beverages, including but not limited to alcoholic beverages,
subject in all cases to obtaining any and all necessary licenses to dispense alcoholic beverages.
(b) All Lawful business. To accomplish any lawful business whatsoever, or which
shall at any time appear conducive to or expedient for the Company to accomplish the foregoing
business objectives;
(c) Other Necessary Powers. To exercise all other powers necessary to or
reasonably connected with the Company's business which may be legally exercised by limited
liability companies under the Colorado Act; and
(d) Incidental Activities. To engage in all activities necessary, customary,
convenient, or incident to any of the foregoing.
ARTICLE 2.
MANAGEMENT, MANAGER, RIGHTS AND DUTIES OF MANAGER
2.1 Management. The business and affairs of the Company shall be conducted by
the Manager or Managers.
2.2 Number, Tenure and Qualifications. The number of Managers of the Company
shall be two (2). The number of Managers of the Company may be changed from time to time
by the Member, but in no instance shall there be less than one (1) Manager. Each Manager shall
hold office until he or she resigns or is removed.
2.3 Initial Manager. Initially, James Kreitman and James Cardenas shall be
Managers of the Company.
2.4 Bank Accounts. The Manager may from time to time open bank accounts in the
name of the Company, and the Manager's signature shall be required to sign any check or to
make any withdrawal, provided, however, that the Company's bookkeeper may issue checks to
cover ordinary operating expenses, signed by a facsimile of the signature of the Manager.
2.5 Manner of Acting. The act of the Manager evidenced by his signature shall be
the act of the Company, unless this Agreement specifies a different requirement.
Page 3 of 9
ARTICLE 3.
NAME, ADDRESS, RIGHTS AND OBLIGATIONS OF THE MEMBER
3.1 Member. The member(s) of the Company is (are):
Name Address
James Kreitman 1725 Vista View Drive, suite b,c,d
Longmont, CO 80504
James Cardenas 1725 Vista View Drive, suite b,c,d
Longmont, CO 80504
3.2 Limitation of Liability. The Member's liability shall be limited as set forth in the
Colorado Act and other applicable law.
3.3 Company Debt Liability. The Member will not personally be liable for any
debts or losses of the Company beyond such Member's Capital Contributions (including any
express obligations herein to make additional capital contributions), except as otherwise required
by law.
3.4 Manner of Acting; Voting. The approval of the Member of any action requiring
approval by the Member shall be conclusively evidenced by his or her signature.
ARTICLE 4.
CONTRIBUTIONS TO THE COMPANY
4.1 Member's Capital Contribution.
(a) Initial Capital Contribution. The Member shall contribute the following cash,
property, services rendered, promissory note or other obligation to contribute cash, property or
services, as its Initial Capital Contribution:
Description and Value of
Member Initial Capital Contribution
James Kreitman
James Cardenas
$0.00 in cash
$0.00 in cash
The Member is obligated to the Company to make the capital contribution specified above and
such obligation may only be compromised in writing by the Member.
(b) Contribution Obligations. Except as permitted herein, no Member shall be
obligated to make any additional contributions to capital.
Page 4 of 9
ARTICLE 5.
ALLOCATIONS, DISTRIBUTIONS, INCOME TAX ELECTIONS AND REPORTS
5.1 Allocations of Net Profits and Net Losses.
(a) Allocations. Subject to Section 6.2 and subsection 6.1(b), the Net Profits and
Net Losses of the Company for each fiscal year will be allocated to and shared by the Members
in proportion to their respective Membership Interests. The percentages of Membership Interests
are as follows:
Member Percentage
James Kreitman
James Cardenas
Total
5.2 Distributions.
51.0%
49.0%
100.0%
(a) Distributive Share. .All distributions of cash or other property shall be made to
the sole Member.
(b) Timing. Except as provided in Section 6.4, all distributions shall be made at
such times as determined in good faith by the Manager.
5.3 Records, Audits and Reports. At the expense of the Company, the Manager
shall maintain records and accounts of all operations and expenditures of the Company. At a
minimum the Company shall keep at its principal place of business the following records:
(a) Member List. A current list of the full name and last known business, residence,
or mailing address of each Member and Manager, both past and present;
(b) Articles of Organization. A copy of the Articles of Organization of the
Company and all amendments thereto. together with executed copies of any powers of attorney
pursuant to which any amendment has been executed;
(c) Tax Returns and Reports. Copies of the Company's federal, state, and local
income tax returns and reports, if any, for the four most recent years;
(d) Operating Agreement. Copies of the Company's currently effective written
Operating Agreement, copies of any writings permitted or required with respect to a Member's
obligation to contribute cash, property or services, and copies of any financial statements of the
Company for the three most recent years:
(e) Minutes of Meetings. Minutes of every annual, special, and court -ordered
meeting; and
Page 5 of 9
(0 Consent Minutes. Any written consents obtained from Members for actions
taken by Members without a meeting.
The Manager shall maintain and preserve. during the term of the Company, and for five (5) years
thereafter, all accounts, books, and other relevant Company documents.
5.4 Returns and other Elections. The Manager shall cause the preparation and
timely filing of all tax returns required to be filed by the Company pursuant to the Code and all
other tax returns deemed necessary and required in each jurisdiction in which the Company does
business. Copies of such returns or pertinent information therefrom, shall be furnished to the
Members within a reasonable time after the end of the Company's Fiscal Year. All elections
permitted to be made by the Compan)- under federal or state laws shall be made by the Manager
in such Manager's sole discretion.
5.5 Tax Matters Partner. Pursuant to Section 6231(a) of the Code, James
Kreitman is hereby designated tax matters partner for the Company and it is authorized to
perform on behalf of the Company any act that may be necessary to make this designation
effective.
ARTICLE 6.
DISSOLUTION AND TERMINATION
6.1 Dissolution.
(a) Dissolution. The Company shall be dissolved upon the occurrence of any of the
following events:
(i) when the period fixed for the duration of the Company shall expire, if one
is fixed by the Articles of Organization; or
(ii) by the written statement of the Member to that effect.
(b) Statement of Intent to Dissolve. As soon as possible following the
occurrence of any of the events specified in this Section effecting the dissolution of the
Company, the appropriate representative of the Company shall execute a Statement of Intent to
Dissolve (and/or such other documents as shall be appropriate) in such form as shall be
prescribed by the Secretary of State of the State of Colorado and file same with the Secretary of
State's office.
6.2 Effect of Filing of Dissolving Statement. Upon the filing with the Secretary of
State of the State of Colorado of a statement of Intent to Dissolve, the Company shall cease to
carry on its business, except insofar as may be necessary for the winding up of its business, but
its separate existence shall continue until Articles of Dissolution have been filed and accepted by
the Secretary of State.
Page 6 of 9
6.3 Winding Up, Liquidation and Distribution of Assets.
(a) Dissolution Accounting_ Upon dissolution, an accounting shall be made by
the Company's independent accountants of the accounts of the Company and of the Company's
assets, liabilities and operations, from the date of the last previous accounting until the date of
dissolution. The Manager shall immediately proceed to wind up the affairs of the Company.
(b) Compliance With Law. Upon completion of the winding up, liquidation and
distribution of the assets, the Company shall he deemed terminated. Manager shall comply with
any applicable requirements of applicable law pertaining to the winding up of the affairs of the
Company and the final distribution of its assets.
6.4 Articles of Dissolution. When all debts, liabilities and obligations have been
paid and discharged or adequate provisons have been made therefor and all of the remaining
property and assets have been distributed to the Member, Articles of Dissolution shall be
executed in duplicate and verified by the person signing, which Articles of Dissolution shall set
forth the information required be the Colorado Act.
6.5 Filing of Articles of Dissolution.
(a) Duplicate originals of such Articles of Dissolution shall be delivered to the
Secretary of State of the State of Colorado.
(b) Upon the acceptaice by the Colorado Secretary of State of the Articles of
Dissolution, except as required by applicable law, the existence of the Company shall cease,
except for the purpose of suits, other proceedings and appropriate action as provided in the
Colorado Act. The Manager shall have authority to distribute any Company property discovered
after dissolution, convey real estate and take such other action as may be necessary on behalf of
and in the name of the Company.
ARTICLE 7.
MISCW,AN'FOUS PROVISIONS
7.1 Application of Colorado Lan. This Operating Agreement, and the application
and interpretation hereof, shall he governed exclusively by its terms and by the laws of the State
of Colorado and specilically by the Colo ado Act.
7.2 Amendments. This Agreement may not be amended except by the unanimous
written agreement of all of the Members.
7.3 Waivers. The failure of any party to seek redress for violation of or to insist upon
the strict performance of any covenant or condition of this Operating Agreement shall not
prevent a subsequent act, which would have originally constituted a violation, from having the
effect of an original violation.
Page 7 of 9
7.4 Creditors. None of the provisions of this Operating Agreement shall be for the
benefit of or enforceable by any creditoas of the Company.
7.5 Integration. This Operating Agreement supersedes all prior agreements and
understandings, both written and oral relating to the subject matter hereof and is intended as the
complete and exclusive statement of the terms hereof provided.
Pane 8 o19
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Document must be filed electronically.
Paper documents will not be accepted.
Document processing fee
Fees & forms/cover sheets
are subject to change.
To access other information or print
copies of filed documents,
visit www.sos.state.co.us and
select Business Center.
-Filed
Colorado Secretary of State
Date and Time: 08/10/2011 02:14 PM
ID Number: 20111455902
$50.00 Document number: 20111455902
Amount Paid: $50.00
ABOVE SPACE FOR OFFICE USE ONLY
Articles of Organization
filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.)
I. The domestic entity name of the limited liability company is
Longmont Sports Academy LLC
(The name of a limited liability company must contain the term or abbreviation
"limited liability company" "ltd liability company" "limited liability co. "ltd.
liability co. ". "limited'', "Hr.-. '7lc or "ltd. ". See §7-90-601. CRS)
(Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.)
2. The principal office address of the limited liability company's initial principal office is
Street address
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
1725 Vista View Drive
suite b,c,d
Longmont CO 80504
Weld County
(Province — lif applicable)
(Street number and tame)
(Stale) (ZIP/Postal Code)
United States
(Country)
(City)
(State) (ZIP/Postal Code)
(Province— if applicable) (Country)
3. The registered agent name and registered agent address of the limited liability company's initial registered
agent are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name)
Kreitman
James Ernest
(tam) (First)
(Middle) (Suffix)
Street address
ARTORG—LLC
11500 eagle springs trail
(Street number and name)
longmont
(City)
CO 80503
(State) (ZIP Code)
Page I of 3 Rev_ 02/28/2008
Mailing address
(leave blank if same as street address) (Street number and name or Post Office Box information)
(The following statement is adopted by marking the box)
�✓
(City)
CO
(State)
The person appointed as registered agent has consented to being so appointed.
(ZIP Code)
4. The true name and mailing address of the person forming the limited liability company are
Name
(if an individual)
OR
(if an entity)
(Caution: Do not provide both an individual and an entity name.)
Kreitman
James Ernest
(Las[) (First)
(Middle) (Suffix)
Mailing address
1
(Street number and name or Post Office Box information)
Longmont CO 80503
City)
Boulder Gtounmty
(State) (ZIP/Postal Code)
United States
(Province if applicable) (Country)
(If the following statement applies. adopt the statement by marking the box and include an attachment.)
n The limited liability company has one or more additional persons forming the limited liability
company and the name and mailing address of each such person are stated in an attachment.
5. The management of the limited liability company is vested in
(Mark the applicable box)
❑✓ one or more managers.
OR
nthe members.
6. (The following statement is adopted by marking the box.)
n There is at least one member of the limited liability company.
7. (If the following statement applies. adopt the statement by marking the box and include an attachment.)
n This document contains additional information as provided by law.
8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has
significant legal consequences. Read instructions before entering a date.)
(If the following statement applies. adopt the statement by entering a date and. if applicable, time using the required format)
The delayed effective date and, if applicable, time of this document is/are
(nnntdd/yyyy hour:minute am/pm)
ARTORG_LLC
Page 2 of 3 Rev. 02/28/2008
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.
9. The true name and mailing address of the individual causing the document to be delivered for filing are
Kreitman James Ernest
(Last) (First) (Middle) (Suffix)
11500 eagle springs trail
(Street number and name or Post Office Box information)
longmont CO 80503
(City)
Boulder County
(State) (ZIP/Postal Code)
United States
(Province— if applicable) (Country)
(If the following statement applies. adopt the statement by marking the box and include an attachment)
n This document contains the true name and mailing address of one or more additional individuals
causing the document to be delivered for filing.
Disclaimer:
This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice,
and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy
minimum legal requirements as of its revision date, compliance with applicable law, as the same may be
amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should
be addressed to the user's legal, business or tax advisor(s).
ARTORG_LLC
Paee 3 of 3 Rev. 02/28/2005
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,
Longmont Sports Academy LLC
is a Limited Liability Company formed or registered on 08/10/2011 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 20111455902.
This certificate reflects facts established or disclosed by documents delivered to this office on paper
through 05/07/2012 that have been posted, and by documents delivered to this office electronically
through 05/08/2012 @ 12:12:21.
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 05/08/2012 @
12:12:21 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation
Number 8239966.
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. lituf/www.sos.state.ciatis biz Cernlieate,S'earchC'riteria do entering the certificate's confirmation number
displayed on the certificate, and following the instructions displayed. Confirming the issuance ofa certificate is merely optional and is not
necessary to the valid and effective issuance of a certificate. For more information, visit our Web site. hap: 'nv'w.sos.state. co. usclick Business
Center and select "Frequently Asked Questions."
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Property Profile for Account 181177802
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DATE 9-'7-/a- NO.86579
RECEIVED FROM in n? 91' G5SOCj,q. IL C.
ADDRESS O ryY]CPnrvjd Spork /kad m CLC
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HOW PAID
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ORDER
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Beimford & Associates, LLC
Name
Account No
Pay to the
Order of
Weld County
Nine Hundred Fifty and 00/100
8/16/2012
902
23-315/10
Date
$ 950.00
Dollars 8
j]D /,ER NK NATIONAL ASSOCIAnoN
VECTn B COLORADO COLORADO
O BLVD BRANCH
2
PEDUI-RESPONSE 1000-23233222 CC(0908 (24 -HOUR ACCOUNT INFORMATION)
For Longmont Sports Academy
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ADDRESS �cn& r ovli S')CYG { ca PmNA.
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BY
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Account No
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Date
713
23-315/102
Pay to the
Order of Colorado Department of Revenue— i $ 1,625.00
Sixteen Hundred and Twentyfive 00/100 Dollars 8
41
NATIONAL ASSOCIATION
V▪ ECTRABANAK DE VEq 00002 9
PEDDIAESPONSE1.800.2220948(24NOUR ACCOUNT INFORMATION)
For
April 6, 2012
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
Colorado Department of Revenue
Liquor Licensing Division
1375 Sherman Street
Denver, CO 80261
RE: Longmont Sports Academy, LLC dba Longmont Sports Academy
Longmont Sports Academy, LLC dba Longmont Sports Academy, filed application materials for
a new Hotel and Restaurant Liquor License in our office on September 4, 2012, and requested a
Concurrent review of the application materials, and paid the required $100.00 fee.
PERMISSION GIVEN FOR THIS APPLICATION TO BE FORWARDED TO THE LIQUOR
ENFORCEMENT DIVISION FOR CONCURRENT REVIEW
BY:
—�--
Sean P. Conway SEP 1 0 2012
Chair, Board of Weld County Com s
Enclosed is a copy of the application submitted to our office for a new Hotel and Restaurant liquor
license for Longmont Sports Academy, LLC dba Longmont Sports Academy, and the required
application fee.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 5226.
Very truly yours,
Tonya Johnson
Deputy Clerk to the Board
Enclosures: DR8404 (and accompanying documents)
Check #7131
2012-2426
LC C(253
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CLERK TO THE BOARD
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1253-1948-3
Phone 1970) 356-4000
15226
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PEDDWIE5PONSE I-e0O-2]]0941 (20 -HOUR ACCOUNT INFORMATION)
For
BOARD OF COUNTY COMMISSIONERS
PHONE: (970) 336-7204, EXT.4200
FM: (970) 352-0242
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
September 14, 2012
Longmont Sports Academy, LLC
dba Longmont Sports Academy
1725 Vista View Drive
Longmont CO 80504
RE: Report of Investigation for Colorado Liquor License Application — Longmont Sports
Academy
Dear Longmont Sports Academy:
On September 13, 2012, I traveled to the proposed licensed premises known as Longmont Sports
Academy, located at 1725 Vista View Drive, Longmont, Colorado 80504. While there I made an
on -site inspection regarding the Liquor License Application filed. The application is for a Hotel
and Restaurant Liquor License. It will be heard by the Board of County Commissioners as the
liquor licensing authority for Weld County on October 8, 2012, at 9:00 a.m.
My inspection revealed the following:
1. The proposed licensed premises is not directly connected to a different licensed
premises. Section 12-47-301(3)(a), C.R.S.
2. The diagram of the proposed licensed premises is correct. Section 12-47-309(3),
C.R.S.
There are two Tavern liquor establishments which sell liquor by the drink in the
neighborhood, the first operated by RM, Inc., dba Room 119, located at 3101
Highway 119, Longmont, Colorado, the second is operated by Lonestar, LLC, dba
Vaqueras Night Club, located at 10763 Turner Boulevard #1, Longmont, Colorado;
one Hotel/Restaurant liquor establishment, operated by Jensen Entertainment,
LLC dba T -Bones Restaurant and Lounge, located at 3815 Highway 119,
Longmont, Colorado; one Retail Liquor Store, operated by RLF Inc., dba CJ's
Liquors, located at 3907 Highway 119, Longmont, Colorado; one 3.2% Beer
off -premise establishment, operated by Circle K Stores, Inc., dba Circle K Store
LC0053
REPORT OF INVESTIGATION - LONGMONT SPORTS ACADEMY
PAGE 2
#2709846, located at 10963 West 1-25 Access Road, Longmont, Colorado; and
one 3.2% Beer establishment, operated by Carpco, LLC and 7 -Eleven, Inc., dba
7 -Eleven Store #39510, located at 3914 State Highway 119
Longmont, Colorado.
4. The sign noticing the place, date, and time of the hearing for the liquor license
application was posted by the applicant in such a manner that the notice was
conspicuous and plainly visible to the public, when I was there at approximately
3:00 p.m. on September 13, 2012.
5. There are no public or parochial schools, or principal campus of any college,
university, or seminary within 500 feet of the proposed licensed premises.
Section 12-47-313(1)(d)(I), C.R.S.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C9LQ?ADO
Douglas Rademacher, Commissioner
cc: Bruce Barker, County Attorney
LC0053
Esther Gesick
From:
Sent:
To:
Subject:
Esther,
Jeremy Frey
Wednesday, October 03, 2012 9:48 AM
Esther Gesick
Longmont Sport Academy (Hotel and Restaurant License)
Due to the fact that this is a new liquor license we have no prior history with the establishment or the owners. The
business was empty so at this time there is nothing to inspect. We have no issues at this time.
Deputy Jeremy Frey
Weld County Sheriffs Office
1
Tonya Johnson
From:
Sent:
To:
Subject:
Hello,
No concerns with us.
Jonathan Gesick
Friday, September 14, 2012 7:44 AM
Tonya Johnson
RE: New Liquor License - Longmont Sports Academy, LLC dba Longmont Sports Academy
Jonathan D Gesick
Plans Examiner/Building lnpsector
Building Department
1555 N 17th Ave
Greeley, CO 80631
tel: (970)353-6100 Ext. 3532
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: Tonya Johnson
Sent: Friday, September 07, 2012 3:15 PM
To: Bethany Salzman; Dan Joseph; Janet Carter; Jeremy Frey; Jonathan Gesick; Lisa Carpenter; Roy Rudisill
Cc: Brad Yatabe; David Clarke; Deb Adamson; Margie Martinez; Sara Evans; Tonya Johnson
Subject: New Liquor License - Longmont Sports Academy, LLC dba Longmont Sports Academy
The following applicant has submitted a request for a HOTEL AND RESTAURANT Liquor License, LC0053. Please provide
any comments you may have before September 24, 2012. A .pdf copy of the application materials is attached.
License Number:
New Applicant
Applicant:
Longmont Sports Academy, LLC
Dba Longmont Sports Academy
1725 Vista View Drive, Units B, C, and D
Longmont, Colorado 80504
Current License Expires:
New applicant
Thank you,
Tonya (Disney) Johnson
Clerk to the Board
1150 O street I PO Box 7581 Greeley, Colorado 80632
Phone: 970-336-7215 x 5226
trjohnson@co.weld.co.us
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.
2
Tonya Johnson
From:
Sent:
To:
Subject:
Janet Carter
Monday, September 24, 2012 2:57 PM
Tonya Johnson
RE: New Liquor License - Longmont Sports Academy, LLC dba Longmont Sports Academy
This is an existing facility. Public works does not have any comments at this time.
Janet L Carter
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax- 970.304.6497
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Tonya Johnson
Sent: Friday, September 07, 2012 3:15 PM
To: Bethany Salzman; Dan Joseph; Janet Carter; Jeremy Frey; Jonathan Gesick; Lisa Carpenter; Roy Rudisill
Cc: Brad Yatabe; David Clarke; Deb Adamson; Margie Martinez; Sara Evans; Tonya Johnson
Subject: New Liquor License - Longmont Sports Academy, LLC dba Longmont Sports Academy
The following applicant has submitted a request for a HOTEL AND RESTAURANT Liquor License, LC0053. Please provide
any comments you may have before September 24, 2012. A .pdf copy of the application materials is attached.
License Number:
New Applicant
Applicant:
Longmont Sports Academy, LLC
Dba Longmont Sports Academy
1725 Vista View Drive, Units B, C, and D
Longmont, Colorado 80504
Current License Expires:
New applicant
Thank you,
Tonya (Disney) Johnson
Clerk to the Board
1150 O Street I PO Box 7581 Greeley, Colorado 80632
Phone: 970-336-7215 x 5226
trjohnson@co.weld.co.us
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.
2
�
COLORADO
MEMORANDUM
To: Esther Gesick, Deputy Clerk to the Board October 8, 2012
From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
Subject: LC0053
Review of the following new liquor license application by the Department of Planning Services shows the
following:
Applicant:
Longmont Sports Academy, LLC
Dba Longmont Sports Academy
1725 Vista View Drive, Units B, C, and D
Longmont, Colorado 80504
Zone District: PUD (with C-3 and I-1 uses) (Z-465)
Legal Description: Units 2, 3 & 4 of Vista Beacon Condos, Weld County, Colorado
Property Owner:
ACME Investments LLC
11500 Eagle Springs Trail
Longmont, CO 80503
While there is an existing Site Plan Review (SPR-342), this permit specifically called out Retail, Office space
and Manufacturing. The type of use proposed is a Recreational Facility with light retail, special events and
restaurant & bar types of uses. Some of the proposed uses would require higher parking standards.
A Pre -Application Request meeting was held on Thursday, October 4, 2012. Staff discussed the operation on
Friday, October 5, 2012. At this time, staff is willing to accept a signed agreement with the tenant
acknowledging certain triggers that would require an amendment to the existing Site Plan Review.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
111DC
COLORADO
MEMORANDUM
To: Tonya Johnson, Deputy Clerk to the Board September 26, 2012
From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
Subject: LC0053
Review of the following new liquor license application by the Department of Planning Services shows the
following:
Applicant:
Longmont Sports Academy, LLC
Dba Longmont Sports Academy
1725 Vista View Drive, Units B, C, and D
Longmont, Colorado 80504
Zone District: PUD (with C-3 and I-1 uses) (Z-465)
Legal Description: Units 2, 3 & 4 of Vista Beacon Condos, Weld County, Colorado
Property Owner:
ACME Investments LLC
11500 Eagle Springs Trail
Longmont, CO 80503
While there is an existing SPR-342, this permit did not make provisions for necessary parking or other
associated uses which would be typical for a restaurant/bar type of operation.
Therefore, this site is not currently permitted for the proposed types of uses. Staff discussed this issue with
the attorney for the applicant, Jim Beimford, to submit a Pre -Application Request on September 12, 2012. On
September 21, 2012 staff received a Pre -Application Request packet. Chris Gathman, Planner has scheduled
a Pre -Application Request meeting for October 4, 2012.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
NOTICE
DOCKET #2012-76
Pursuant to the liquor laws of the State of Colorado, Longmont Sports Academy, LLC, dba
Longmont Sports Academy, 1725 Vista View Drive, Longmont, Colorado 80504 has requested
the licensing officials of Weld County, Colorado, to grant a Tavern license for the consumption
by the drink on the premises only.
DATE OF APPLICATION: September 4, 2012
The Board of County Commissioners of Weld County, Colorado, has declared that the
neighborhood to be served will be as follows:
LEGAL DESCRIPTION: Sections 4, 5, 6, 7, 8, 9, 16, 17, and 18 all in Township 2 North, Range
68 West of the 6th P.M., Weld County, Colorado
The public hearing on said license will be held in the Chambers of the Board of County
Commissioners of Weld County Colorado, Weld County Administration Building, 1150 O Street,
Assembly Room, Greeley, Colorado 80631, on October 8, 2012, at 9:00 a.m.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days
prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if you require special
accommodations in order to participate in this hearing, please contact the Clerk to the Board's
Office at (970) 336-7215, Extension 4226, prior to the day of the hearing.
Petitions and remonstrances may be filed in the office of the Clerk to the Board of County
Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631.
E -Mail messages sent to an individual Commissioner may not be included in the case file. To
ensure inclusion of your E -Mail correspondence into the case file, please send a copy to
egesick@co.weld.co.us.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 14, 2012
PUBLISHED: September 19, 2012, in the Fort Lupton Press
PROOF OF PUBLICATION
FORT LUPTON PRESS
STATE OF COLORADO
COUNTY OF WELD SS.
I, Christopher L. Harrop, do solemnly swear that I am the
Managing Editor of the Fort Lupton Press that the same
is a weekly newspaper printed and published in the County
of Weld, State of Colorado, and has a general circulation
therein; that said newspaper has been published
continuously and uninterruptedly in said county of Weld for
a period of more than fifty-two consecutive weeks prior to
the first publication of the annexed legal notice or
advertisement; that said newspaper has been admitted to
the United States mails as second-class matter under the
provisions of the act of March 3, 1879, or any amendments
thereof, and that said newspaper is a weekly newspaper
duly qualified for publishing legal notices and
advertisements within the meaning of the laws of the State
of Colorado. That the annexed legal notice or
advertisement was published in the regular and entire
issue of every number of said weekly newspaper for the
period of ONE consecutive insertion(s); and that the
first publication of said notice was in the issue of
newspaper, dated 19th day of SEPTEMBER 2012, and
the last on the 19th day of SEPTEMBER 2012
Managing Editor, Subscribed and sworrHSefore me,
this 19th day of SEPTEMBER 2012
My Commission Expires : 02/02/2014
NOTICE
DOCKET #2012-76
Pursuant to the liquor laws of the
State of Colorado, Longmont Sports
Academy, LLC, dba Longmont
Sports Academy, 1725 sta
View Drive,Longmont
80504 has requested the licens n
officials of Weld County, Coloradog
to grant a Tavern license for the
consumption by the drink on the
premises only.
DATE OF APPLICATION:
September 4, 2012
The Board of County
Commissioners of Weld County,
Colorado, has declared that the
neighborhood to be served will be
as follows:
LEGAL DESCRIPTION: Sections
4, 5, 6, 7, 8, 9, 16, 17, and 18 all
in Township 2 North, Range 88
West of the 6th P.M., Weld County,
Colorado
The will e
be held in the Chambers of the
Board of County Commissioners
of Weld County Colorado, Weld
County
150 O SreetAdministration ssembly Room,
October 8, 2012, atto 900a631, m.
If Ifa court reporter is desired,
Bise advise the Clerk to the
rd, inwriting, al least five days
prior to the hearing. The cost of
engaging a court reporter shall be
borne accordance wthe ith the Americansln
with Disabilities Act, if you require
special accommodations in order
to pparticipate in this hearing,
Bioease contact the Clerk tothe
ard's Office at (970) 336-7215,
Extension 4226, prior to the day of
the hearing. -
Petitions and remonstrances
may be filed in the office of the Clerk to the Board of Couny
AdministCommisration BuiWdinag,d County50
0 Street, Greeley, Colo'rado0
80631. E -Mail messages sent
to an individual Commissioner
may not be included in the case
file. To ensure inclusion of your
E -Mall correspondence into the
case file, please send a copy to
egesick@co.weld.co:us.
BOARD OF COUNTY
COMMISSIONERS
WELD COUNTY, COLORADO
DATED: September 14, 2012
PUBLISHED: September 19, 2012,
in the Fort Lupton Press
1111111 I
emc integrity incorporated
www.emcintegrity.com
Date: 1 October 2012
To:
1736 Isla View Hive Laagreel, C0 60504
Weld County Liquor Licensing Authority
do Deputy Clerk to the Board / Office Manager
P.O. Box 758
Greeley, CO 80632
el 3037767249 lar'. 303 776 73'4 inlel3Lemcmlegnlycom
RECEIVED
WELD COUNTY
COMMISSIONERS
Subject: Opposition to Liquor License Requested by Longmont Sports Academy
To Weld County Liquor Licensing Authority:
My name is Vincent Greb and I am the President and CEO of EMC Integrity, Inc. EMCI has been
located in Weld County since 1996 and in our current location at 1736 Vista View Drive, in the
Vista Commercial Center, since 2006. We are located directly across the street from Longmont
Sports Academy. The following letter is written to express my firm opposition to the request by
Longmont Sports Academy to procure a liquor license.
The main reason for our opposition is based on the parking problems that have resulted from
Longmont Sports Academy since its arrival in this business park in 2009. They are a small indoor
sports facility that offers various training amenities and hosts birthday/event parties that cater
mainly to the teenage demographic. The parties are often very large gatherings that greatly
exceed the fifteen (15) parking spaces that they are allotted in their own parking lot. The result
has been a large number of cars filling neighboring private parking lots and also lining the main
street (Vista View Drive). We have personally witnessed our private lot filled to capacity with their
overflow (without permission), as well as cars parking in our grass along the main street. We
once counted 87 cars in our parking lot and along Vista View Drive. Several times we have had
to pick up trash from our parking lot and lawn that included food, paper plates with birthday cake,
cups, napkins, soda cans and more. We have also had to replace several sprinkler heads that
have been damaged due to the cars driving over them.
Vista View Commercial business center is designed with a two way street and no provisions for
side street parking. The attached page from Vista's Covenants clearly spell out that parking is
not allowed along the street (ref. Section 10.06). We have spoken to the owner of Longmont
Sports Academy about this issue and have been given two responses. The first was that they
had permission from the Vista Board of Directors to park along the street and we have verified
that is not true. The next time, we were told that the parking issue would be taken care of and we
would not have this issue again, only to have it happen again soon thereafter.
We believe that granting a liquor license to this business will only result in a greater volume of
cars and therefore, a more serious problem. I further think that a liquor -type venue will have a
negative impact on the professional and responsible businesses in this commercial business
center.
I thank you for your consideration. If you have any other questions or concerns, please do not
hesitate to contact me at 303-776-7249, or via email at vincegaemcintegrity.com.
Best regards,
UiLties.�w,
Vincent W. Greb
President, EMC Integrity, Inc.
I
emc integrity incorporated
www.emcintegrity.com
1736 Vista View 0riVr orqmont, C3 80534 tel 303778.7249 I fax -30337767314 mfo@emnnfegriw.com
Attachment 1
Vista Commercial Center
Amended and Restated
Declaration of Covenants, Conditions and Restrictions
Page 14 (Ref. Section 10.06 Parking)
11111111111111111111111111111 II 111111II III 111111 III III!
2607607 04/22/1096 00:548 Wld County CO
17 of 31 R 156.00 D 0.00 JR Sukl Tsuksmoto
No materials, supplies, equipment, finished or semi -finished products or articles of any nature shall
be stored or permitted to remain on any Lot outside of the Buildings without the prior written
approval of the Architectural Control Committee. If the ACC grants such approval it may, at its
discretion, require appropriate screening, including fencing, shrubs, hedges or other foliage as
necessary to keep the Lot in a neat and attractive condition.
Section 10.-04- Signs.
All signs shall conform to the Design Guidelines, if any, adopted by the Architectural Control
Committee and all applicable laws and governmental regulations. No signs shall be permitted
anywhere within Vista without the express written approval of the Architectural Control
Committee.
Section 10.05 Loading and Unloading.
All vehicles shall be parked within the Lot when loading and unloading. No loading dock shall be
erected on the side of any building facing a public street or access easement unless approved, in
writing, by the Architectural Control Committee.
Section 10.06 Parking.
Each Owner shall provide adequate on site parking for all of such owners Permittees and the
location, number and size of parking spaces shall be subject to approval of the Architectural
Control Committee. All on site parking, access drives and loading areas shall be paved and graded
to assure proper drainage. No parking shall be permitted on any public street or access easement
except with the prior written approval of the ACC.
Section 10.07 Utility Connections.
All utility lines and connections shall be underground. Transformers and utility meters of any type
shall be adequately screened from view and all installations of transformers and/or meters are
subject to the prior approval of the Architectural Control Committee. The ACC may require the
Owner to grant an easement for utilities within the set back area of such Owner's building and/or
other improvements for the benefit of the other Owners or the Association.
Section 10.08 Trash and Weeds.
Each Owner shall provide for the prompt collection and removal of trash from their Lot at the
Owner's expense. The Owner of any Lot shall keep the premises free of trash, refuse, obnoxious
weeds, or debris of any kind, whether said Lot is improved, vacant or occupied. If any Owner does
not keep their Lot in a neat and orderly and acceptable condition, the ACC, after written notice to
the Owner, may under take any necessary cleanup or other action that the ACC deems appropriate
and the Owner shall be held responsible for any and all charges or expenses incurred by the ACC
as a result of such cleanup or action.
Section 10.09 Vehicles.
Abandoned or inoperable vehicles shall not be stored or parked on any Lot. "Abandoned or
Inoperable Vehicle: shall mean any vehicle which has not been driven under its own propulsion for
the period described or set forth by Colorado law, or for a period of one week, whichever period is
shorter. A written notice describing the abandoned or inoperable vehicle and requesting the
removal thereof shall be personally served upon the owner of the vehicle or Lot or posted on the
6RRVERIIDATA'Cu[NTSVNIORIZIVISTA COVENANTS COO4IM
14
RECEIVED
Deputy Clerk to the Board/Office Manager
PO Box 758
Greeley CO 80632
WELD COUNTY
COMMISSIONERS
To whom it may concern;
I oppose the liquor license that has been applied for by Longmont Sports
Academy, LLC at 1725 Vista View Dr. Longmont 80504. I own
property in the Vista subdivision. I see that the applicant shares a very
small parking lot with adequate space for a normal employee load with
an occasional customer. I can't imagine that less than seven parking
spaces will be enough to accommodate a new bar. This is an industrial
park not a restaurant and bar conducive area. I believe this overflow in
parking will cause displacement for other owners and tenants at nearby
properties.
It is also my understanding that all of the HOA's that were set up in our
subdivision prohibited the sale of liquor along with other types of
businesses that would not be conducive to a commercial and industrial
park. I fear that the addition of this type of business may add to theft or
vandalism in the area. Our business park is not the place for a liquor
serving establishment. I ask for your help in protecting the businesses
and property of the current occupants by denying this application
Sincerely,
Susan Beane
1822 Skyway Dr.
Longmont, CO 80504
RECEIVED
Date 10/03/2012 WELD COUNTY
COMMISSIONERS
To: Weld County Liquor Licensing Authority
c/o City Clerk's Office
1000 10`k Street
Greeley CO 80631
Subject: Request for Liquor License by Longmont Sports Academy.
Hello,
My name is Boyd Wild. I am the Owner of Archery In The Wild, LLC. We are directly next door to LSA.
We have been in business for 11 years. We have built a business that is very family oriented. We get
people of all ages and gender in to participate in the sport of archery. I am very concerned about LSA
o btaining a Liquor License and being able to sell Alcohol. The demographics they are trying to serve are
teenagers and pre -teens. I find it very difficult to understand why they want alcohol with their current
clientele. We have had tremendous parking issues since they have moved in. At times the parking lot is
totally consumed by their customers with overflow parking moving onto the street or filling the nearby
n eighbor's business parking areas. This leaves no parking for my customers which is absolutely
u nacceptable. It also creates a safety hazard for anyone visiting our businesses. LSA constantly has
e mployees parking curbside which totally blocks any emergency vehicles needing access to the
businesses. We continually communicate with them regarding these issues but the parking issues never
change.
Bottom Line: We are definitely opposed to the LSA having a Liquor License. I know it is not in the best
interest of their customers or my customers.
Sincerely
�fyirLCN 1^, Tie `V i,
1725 Vista View
'Longmont, CO 803c x 72O��
c
Hello