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HomeMy WebLinkAbout20111398.tiffRESOLUTION RE: APPROVE APPLICATION FOR TRANSFER OF OWNERSHIP OF A TAVERN LIQUOR LICENSE FROM J. MONIES, INC., DBA EL RODEO NIGHT CLUB, TO RM INC., DBA ROOM 119, AND AUTHORIZE CHAIR TO SIGN - EXPIRES AUGUST 2, 2012 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, R.M., Inc., dba Room 119, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors, said license previously held by J. Montes, Inc., dba El Rodeo Night Club, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the required fees to the County of Weld for a Transfer of Ownership of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3101 Highway 119, Longmont, Colorado 80504 WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the first available "responsible vendor" class after hiring. Evidence of such shall be included in the referral report submitted by the Sheriff's Office at the time of annual renewal. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2011-13 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until August 2, 2012, 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. Cc �o wppl. newt 2011-1398 LC0019 TRANSFER OWNERSHIP OF LIQUOR LICENSE - ROOM 119 PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of June, A.D., 2011. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: EXCUSED Weld County Clerk to t BY: Deputy Clerk to the Bo APP' � �. ;�� FORM: y Attorney Date of signature: 8it(0 Barbara Kirkmeyer, Chair c�� f Sean P. Conwa Pro-Tem David ' . Long 2011-1398 LC0019 pc/ ft kr, 'C ai V N VI' - i) 1 1 L - ) L - ) fr) o o ° w 11 V 11 1 Q O 0 o Z `► inL) yo O f y h.) ,..) IL) 11/4..) O O O V O n1 cA anige,5--.5nattie-.15,51.5,5ilija N N Cl) Car a:44 k w Cw 4) z W :---1 II THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8407 (10/29/07) DEPARTMENT ALCOHOLIC STATE OF COLORADO OF REVENUE Liquor Enforcement Division 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 RM INC ROOM 119 3101 HIGHWAY 119 LONGMONT CO 80504 BEVERAGE LICENSE Liability Infoimaaon Account Number County City Indust. Type Llabitty Dale LICENSE EXPIRES AT MIDNIGHT 42-92895-000C 03 206 722410 C 080311 AUG C2, 2012 Type Name and Description of Ucense Fee 2011 2190 TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS COUNTY 85 PERCENT OAP FEE $ 75.00 $ 425.00 TOTAL FEE(S) This license is issued subject to the laws of the State of Colorado and especially of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable conspicuously posted in the place above described. This license is only valid through date shown above. Questions concerning this license should be addressed to Revenue, Liquor Enforcement Division, 1375 Sherman Street, Denver, CO 80261. In testimony whereof, I have hereunto set my hand. / i7�ccc�i� k". �la.�t �J -4-) Division Director Executive $ 500.00 under the provision and shall be the expiration the Department of Xie-t-t..' Director DR 8404 (05/07/09) Page 1 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION DENVER CO 80261 PILED ON BEHALF OF THE APPLICANT BY DILL DILL CARR STONBRAKEiti HUTCHINGS. P.C. (303)777.3737 COLORADO LIQUOR RETAIL LICENSE APPLICATION 21 D NEW LICENSE IT TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303-370-2165) 1. Applicant is applying as a FTI Corporation ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation RM INC. 2a.Trade Name of Establishment (DBA) ROOM 119 3. Address 01 Premises (specify exact location of premises) 3101 HIGHWAY 119 DEPARTMENT USE ONLY ❑ Individual ❑ Limited Liability Company ❑ Association or Other Fein Number 45-1447126 State Sales Tax No. 42-92895-0000 Business Telephone 303-774-9418 City LONGMONT County WELD State CO State SAME ZIP Code 80504-9543 ZIP Code SAME 4. Mailing Address (Number and Street) SAME 5. I1 the premises currently have a liquor or beer license, you MUST answer the tollowing questions: Present Trade Name of Establishment (DBA) El Rodeo Night Club LIAB SECTION A NONREFUNDABLE APPLICATION FEES 2300 ❑ Application Fee for New License $1,025.00 2302 ❑ Application Fee for New License - w/Concurrent Review $1,125 00 2310 Z Application Fee for Transfer $1,025.00 City or Town SAME Present State License No. 10-93094-0000 Present Class of License Tavern Present Expiration Date 10/09/2011 LIA@ SECTION B (CONT.) 1985 ❑ Resort Complex License (City) $500.00 1986 ❑ Resort Complex License (County) $500.00 1988 ❑ Add Related Facility to Resort Complex... $ 75.00 X Total 1990 ❑ Club License (City) $308.75 1991 0 Club License (County) $308.75 2010 ❑ Tavern License (City) $500.00 2011 Z Tavern License (County) $500.00 2012 ❑ Manager Registration - Tavern $ 75.00 2020 ❑ Arts License (City) $308.75 2021 ❑ Arts License (County) $308.75 2030 ❑ Racetrack License (City) $500.00 2031 ❑ Racetrack License (County) $500.00 2040 ❑ Optional Premises License (City) $500.00 2041 ❑ Optional Premises License (County) $500.00 2045 ❑ Vintners Restaurant License (City) $750.00 2046 ❑ Vintners Restaurant License (County) $750.00 2220 ❑ Add Optional Premises to H & R $100.00 X Total 2370 ❑ Master File Location Fee $ 25.00 X Total 2375 ❑ Master File Background $250.00 X Total LIQUOR LICENSE FEES LAB SECTION B LIQUOR LICENSE FEES 1905 0 Retail Gaming Tavern License (City) $500.00 1906 0 Retail Gaming Tavern License (County) $500.00 1940 0 Retail Liquor Store License (City) $227.50 1941 ❑ Retail Liquor Store License (County) $312.50 1950 0 Liquor Licensed Drugstore (City) $227.50 1951 0 Liquor Licensed Drugstore (County) $312.50 1960 0 Beer and Wine License (City) $351.25 1961 ❑ Beer and Wine License (County) $436.25 1970 0 Hotel and Restaurant License (City) $500.00 1971 ❑ Hotel and Restaurant License (County) $500.00 1975 ❑ Brew Pub License (City) $750.00 1976 El Brew Pub License (County) $750.00 1980 O Hotel and Restaurant License w/opt premises (City)$500.00 1981 O Hotel and Restaurant License w/opt premises (County) $500.00 1983 0 Manager Registration - H & R $ 75.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability Date License Issued Through (Expiration Date) FROM TO State -750 (999) City 2180-100(999) County 2190-100(999) Managers Reg -750 (999) TOTAL Cosh Fund New License 2300-100 (999) cash Fund n.nde, license 2310-100 (999) • 2011-1398 DR 8404 (05/07/09) 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 21 A. Applicant/Licensee identified. rr, B. State sales tax license number listed or applied for at time of application. V C. License type or other transaction identified. II D. Return originals to local authority. ►I E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES 2 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). • D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION • A. Deed in name of the Applicant ONLY (or) O B. Lease in the name of the Applicant ONLY. • C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. • D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS ►I A. Individual History Record(s) (Form DR 8404-I). ►J B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) 9 C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. • D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) IQ A. Certificate of Incorporation (and/or) ►I B. Certificate of Good Standing if incorporated more than 2 years ago. • C. Certificate of Authorization if foreign corporation. ■ D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) ■ A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) • A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). • B. Copy of operating agreement. • C. Certificate of Authority (if foreign company). VIII. 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, if a partnership; members or manager if a limited liability company; or officers, stock- holders or directors if a corporation) or manager under the age of twenty-one years? Yes No • Vi 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. ■ !A ❑ in • 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. ❑ J 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado law, or the principal campus of any college, university or seminary? ■ 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager limited liability company; or officers, stockholders or directors if a corporation)? If yes, identity the name of the business and list current or former financial interest in said business including any loans to or from a licensee. if a any • W4 11. a. Attach entrances, to Does the Applicant, as listed on line 2 of this application, arrangement? in of have legal possession of the premises by virtue of ownership, lease or Detail) other ■ Ownership V Lease • Other (Eplain !J • If leased, list name of landlord and tenant, and date expiration, EXACTLY as they appear on the lease: Landlord RODOLFO MONTES Tenant RM INC. Expires 03/31/2016 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 tor in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have be to scale) 12. Who. besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Lisa Montes $6,000 Loan 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 liabi ity companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement rela ing 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 Has a local ordinance or resolution authorizing optional premises been adopted? N/A Number of separate Optional Premises areas requested. (See License Fee Chart) Yes No • • 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. N/A Yes No ■ • 15. Club Liquor License applicants answer the following (a) Is the applicant organization operated solely not for pecuniary gain? (b) Is the applicant organization a regularly operated solely for the object of a patriotic (c) How long has the club been incorporated? (Three required) and attach: for a national, social, fraternal, patriotic, political or athletic purpose and N/A chartered branch, lodge or chapter of a national organization which is or fraternal organization or society, but not for pecuniary gain? (d) Has applicant occupied an establishment tor three years that was operated solely for the reasons stated above? Yes No • • • ■ • ■ years 16. Brew -Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? N/A (Copy of permit or application must be attached) Yes No ■ ❑ 17a. Name of Manager (for all on -premises applicants) application for a Hotel, Restaurant or Tavern License, 17b. Does this manager act as the manager of, or have licensed establishment in the State of Colorado? If ROnOI FO MONTES (If this is an 8404-I). Date of Birth the manager must also submit an Individual History Record (DR a financial interest in, any other liquor yes, provide name, type of license and account number. Yes No ■ Li 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. Yes No ■ DR 8404 (05/07109) Page 4 19. If applicant is a corporation, partnership, association or limited liability company, applicant must list ALL OFFICERS, DIRECTORS, GENERAL PARTNERS, AND MANAGING MEMBERS. In addition applicant must list any stockholders, partners or members with OWNER- SHIP OF 10% OR MORE IN THE APPLICANT. ALL PERSONS LISTED BELOW must also attach form DR 8404 I (Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DOB POSITION % OWNED' Montes, Rodolfo 3101 Highway 119; Longmont CO 80504 Pres,Sec 100% if total ownership percentage disclosed here does not total 100% applicant must check this box ❑ Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant Additional Documents to be submitted by of Incorp. Agreement ❑ Articles Attach copy of type of entity of Good Standing (if more than 2 yrs. old) ❑ Cert. of Auth. (if a foreign corp.) or Limited) ❑ Husband and Wife partnership (no written agreement) ❑ Cert. of Authority (if foreign company) ❑ Operating Agrmt. creating association or relationship between the parties P4 CORPORATION P4 Cert. I•I Cert. ❑ PARTNERSHIP ❑ Partnership ❑ LIMITED LIABILITY COMPANY ❑ ASSOCIATION OR OTHER (General of Organization agreements Registered Agent (if applicable) Daniel W. Carr Address for Service 455 Sherman St #300; Denver CO 80203 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. �AuJthorirzed Signature fC0JC(rc Merl -I-6-9 Title PRESIDENT Date 5/3/ (( REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority CAO\C I I 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 ,,TT�,,h/aat each person required to file ICJ -/Been fingerprinted pa Been subject to background investigation, That the local authority has conducted, compliance with, and aware of, liquor (Chy,c k One) EI Date of Inspection or Anticipated HEREBY AFFIRMS: DR 8404-I (Individual History Reco including NCIC/CCIC check or intends to conduct, an inspection code provisions affecting their Date F}/ 25 d) has: for outstanding warrants of the proposed premises to class of license ensure that the applicant is in Yees/ No I.12 ■ 1 ■ . / Eli • • 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, •'\i1r'it a Telephone Number 970-356-4000 X4200 ❑ TOWN, CITY COUNTY i4 Signature Sean P Csi '` Ilt,`Chair Pro-Tem, Board of Weld'. 1 Jar t Commissioners Date 6/1/2011 Signature , IJ'. !4 'i� C -- 'i -PPry erk to the Board Clerk to the Board Date 6/1/2011 By: '�;'/�-/520 NoerH rn 4 4 C ffreeeKt_ P fn° ro 51 SCOT H Hwy_ll9 _ — — —� RE: RM INC. dba ROOM 119 3101 HIGHWAY 119; LONGMONT CO 80504 TRANSFER OF OWNERSHIP APPLICATION - APR 2011 TAVERN LICENSE, PUBLIC DANCE LICENSE THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL COUNSEL BEFORE SIGNING BUSINESS LEASE This lease, dated April 1, 2011 is between RODOLFO MONTES as Landlord, RM, INC. and as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate in WELD County, in the State of Colorado; the address of which is 3101 HIGHWAY 119; LONGMONT Co 80504-9543 Progeny Addnn Legal Deunptlon Said premises, with all the appurtenances, are leased to the Tenant from the date of 4/1/2011 until the date of 3/31/2016 payable in monthly installments of $ 4,000.00 at and fora rental for the full term of $ 240, 000.00 in advance, on the 1St day of each calendar month during the term of this lease, payable at 3101 Highway 119; Longmont CO 80504 without notice. Adm THE TENANT, IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: I. The Tenant shall pay the rent for the premises above -described. 2. The Tenant shall, at the expiration of this lease, surrender the premises in as good a condition as when the Tenant entered the premises, ordinary wear and tear excepted. The Tenant shall keep all sidewalks on and around the premises free and dear of ice and snow; keep the entire exterior premises free from all hitter, dirt, debris and obstructions; and keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property u situate 3. The Tenani shaft not sublet any part of the premises, nor assign the ease, or any interest therein, without the written consent of the Landlord. 4. The Tenant shah use the premiers ouly as night club w/oublic dancing and tavern liauor license and shalt not use the premises for any purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and shall neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 5. The Tenant shall neither hold, nor attempt to bold, the Landlord, its agents, contractors and employees, liable for any injury, damage, claims or loss to person or property occasioned by any accident, condition or casualty to, upon, or about the premises including, but not limited to defective wiring the breaking or stopping of the plumbing or sewage upon the premises, unless such accident, condition or casualty is directly caused by intentional or reckless acts or omission of the Landlord. Notwithstanding any duty the Landlord may have hereunder to repair or maintain the premises, in the event that the improvements upon the premises are damaged by the negligent, reckless or intentional act or omission of the Tenant or any employees, agents, invitees, licensees or contractors, the Tenant shall bear the fug cost of such repair or replacement. The Tenant shall bold 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 demised premises or any other part of Landlord's property, or arising in any way out of Tenant's business, which is occasioned by an act or omission of Tenant, its employees, agents, invitees, licensees or contractors. The Landlord is not responsible for any damage or destruction to the Ihnant's personal property. 6. The Tenant shall neither permit nor suffer said premises, or the walls or Boors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance tisk more hazardous, nor make any alterations in or changes in, upon, or about said premises without first obtaining the written consent of the Landlord. T. The Tenant shall obtain and keep in full fora, at Tenant's expense, fire and liability insurance es may be reasonably required by the Landlord. Tenant shall provide copies of such insurance policies upon the Landlord's request. 8. The Tenant shall permit the landlord to place a "For Rent" sign upon the leased premises at any time after sixty (60) days before the end of this lease. 9. The Tenant shall allow the Landlord to enter upon the premises at any reasonable hour, IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN SANDLORD AND TENANT AS FOLLOWS: 10. The Tenant shall be responsible for paying the following: to Electric EN Gas B Water B Sewer N Phone H Refuse Disposal El Janitorial Services ❑ Other The ❑ Landlord id Tenant agrees to keep all the improvements upon the premises, including but not limited to, structural components, interior and exterior walls, Doors, ailing, roofs, sewer connections, plumbing, wiring and glass in good maintenance and repair at their expense. In the event the Landlord is responsible for repair of the premises, the Tenant shall be obliged to notify the Landlord of any condition upon the premises requiring repair end the Landlord shall be provided a reasonable time to accomplish said repair. II. No assent, express or implied, to any breach or default of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach or default. 12. If, after the expiration of this lease, the Tenant shah remain in possession of the premises and continue to pay rent without a written agreement as to such possession, then such tenency.ahaU be regarded as a month -to -month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. • 13. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Landlord may, without being obligated to do so, and without terminating this lease, retake possession of the saidpremises and rent the same for such rent, and upon such conditions as the Landlord may think best, maldng 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, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. i4. The landlord acknowledges receipt of a deposit in the amount of$ 0.00 to be held by the Landlord for the faithful performance of all of the terms, conditions and convenants of this lease. The Landlord may apply the deposit to cure any default under the terms of this lease and shall account to the Tenant for the balance The Tenant may not apply the deposit hereunder to the payment of the rent reserved hereunder or the performance of other obligations. No.1044. Rev. 1-96. BUSINESS LEASE Bradford Pubish;,g 1743 Waage St, Denver. CC180202 -13031 292-2500 —I-96 Copyright 1955 15. If the Tenant shall be in arrears in payment of any installment of rent. or any portion thereof, or in default of any other covenants or agreements set forth in this lease, and the default remains uncorrected for a period of three (3) days after the Landlord has given written notice thereof pursuant to applicable law, then the Landlord may, at the Landlord's option, undertake any of the following remedies without limitation (a) declare the term of the lease ended; (b) terminate the Tenant's right to possession of the premises and reenter and repossess the premises pursuant to applicable provisions of the Colorado Forcible Entry and Detainer Statute; (c) recover all present and future damages, costs and other relief to which the Landlord is entitled; (d) pursue breach of contract remedies; and/or (e) pursue any and all available remedies in law or equity. In the went possession is terminated by a reason of default prior to expiration of the term, the Tenant shall be responsible for the rent occurring for the remainder of the term, subject to the Landlord's duty to mitigate such damages. Pursuant to applicable law [13-40-104(d.5), (e5) and 13-40-107.5, CRS) which is incorporated by this reference, in the event repeated or substantial default) ender the lease occur, the Landlord may terminate the tenant's possession upon a written Notice to Quit, without a right to cure. Upon such termination, the Landlord shall have available any and all of the above -listed remedies. to. If the property or the premises shall be destroyed in whole or in part by fire, the elements, or other casualty and if, in the sole opinion of the Landlord, they cannot be repaired within ninety (90) days from said injury and the Landlord informs the Tenant of said decision; or if the premises are damaged in any degree and the Landlord informs the Tenant it does not desire to repair same and desires to terminate this lease; then this lease shall terminate on the date of such injury. In the event of such termination, the Tenant shall immediately surrender the possession of the premises and all rights therein to the Landlord; shall be granted a license to enter the premises at reasonable times to remove the Tenant's property, and shall not be liable for rent accruing subsequent to said event. The Landlord shall have the right to immediately enter and take possession of the premises and shall not be liable for any loss, damage or injury to the property or person of the Tenant or occupancy of, in or upon the premises. Ifthe Landlord repairs the premises within ninety (90) days, this lease shall continue io full force and effect and the Tenant shall not be required to pay rent for any portion of said ninety (90) days during which the premises are wholly unfit for occupancy. IT. In the event any dispute arises concerning the tams of this lease or the non-payment of any sums under this lease, and the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. IS.IA the event any payment required hereunder is not made within ten (10) days after the payment is due, a Late charge in the amount of /i 14 of the payment will be paid by the Tenant. 19. In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments. 20. This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent, the Landlord may declare this lease ended, and all rights of the Tenant hereunder shall terminate and cease. 21. The Tenant and the Landlord further agree: This lease shall be subordinate to all existing and future security interests on the premises. All notices shall be in writing and be personally delivered car sent by first class mail, unless otherwise provided bylaw, to the respective parties. If any term or provision ofthis s lease shall be invalid or unenforceable, the remainder of this lease shall not be affected thereby and shall be valid and enforceable to the full extent permitted by law. This lease shall only be modified by amendment signed by both parties. This lease shall be binding on the parties, their personal representatives, successors and assigns. When used herein, the singular shall include the plurlal� /I _ ,,/ 2-4DC1 ice pa G Gs Li -I -1 1 RODOLFO MO TES, LANDLORD Dote Attest: Attest. Date 1Rp Jo I a me f1 S 14 I I I R INC. -- TENANT Dam BY: RODOLFO MONTES, PRESIDENT Date GUARANTEE For value received, I guarantee the payment of the rent and the performance of the convenanm and agreements by the Tenant in the within lease. For value received Signature Dan ASSIGNMENT AND ACCEPTANCE assignor, assigns all right, title and interest in and to the within lease to that the assignor shall remain liable for assignee, the heirs, successors and assigns of the aide.. with the express understanding and agreement the full payment of the rent reserved and the performance of all the covenants and agreements made in the lease by the Tenant. The assignor will pay the rent and fully perform the covenants and agreements in case the assignee faits to do so. In consideration �sassignment, the assignee assumes and agrees to make all the payments and perform all the covenants and agreements agreed by the Date Amnia Date CONSENT OF ASSIGNMENT Consent to the assignment of the within lease to is hereby given, on the express condition, however, that the assignor shall remain liable for the prompt payment of the rent and performance of the covenants on the part of the Tenant as herein mentioned, and that no further assignment of said lease or subletting of the premises, or any part thereof; shall be made without further written agreement. signature LANDLORD'S ASSIGNMENT In consideration of One Dollar, in hand paid, I hereby assign to my interest in the within lease, and the rent therein reserved Dam Signature Date DR 8404-I (01106/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 PILED ON BEHALF OP THE APPLICANT BY DILL DILL CARR STONBRAKER R HUTCHINGS, P.C. (303) 777-3737 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business RM INC. dba ROOM 119 2. Your Full Name (last, first, middle) MONTES, RODOLFO 3. List any other names you have used. None 4. Mailing address (if different from residence) SAME Home Telephone 303-210-1051 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current 3101 HIGHWAY 119 LONGMONT CO 80504 07/2010 Present Previous 16125 Summit Peaks Dr. Longmont CO 80504 10/2002 07/2010 6. List all current and former employers or businesses engaged in within the last five years (Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO RM Inc. 3101 Highway 119; Longmont CO 80504 Offcr/Dir/Shrholder 10/10 Present J. Montes Inc. 3101 Highway 119; Longmont Co 80504 Mntn, Handyman 01/09 Present Jerel's Bakery --no longer in business; Del Camino CO Production 06/05 01/09 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF LICENSEE Lisa Montes Daughter Employee/asst RM Inc. Jeanette Montes Ex-wife Offcr/Dir/shrhldr J. Montes Inc. 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. Yes ./ No 9. Have you ever received a violation notice suspension or revocation, for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the U.S.? if yes, explain in detail. [ Yes ri=i No 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? Include arrests for DUI and DWAI. (If yes, explain in detail.) [^ Yes No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.) _Yes ANo 12. Have you ever had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) Yes j No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a. Date of Birth ! b. Social Security Number SSN c. Place of Birth d. U.S. Citizen? i , Chihuahua, Mexico x Yes ___No e. If Naturalized, State where f. When g. Name of District Court Denver, Colorado 7/03/1986 U.S. District Court -Colorado h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number :07/03/1986 N/A N/A I. Height i m. Weight :n. Hair Color m. Eye Color 506 i160 BLK 1 BLK p. Sex q. Race M H r. Do you have a current Driver's License? If so, give number and state ,x, Yes :,--_No 14. Financial Information. a. Total purchase price $__RIA--see ..attached_ . . .(if buying an existing business) or investment being made by the applying entity, corporation, partnership, limited liability company, other $ L4000.00 b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and fees paid $ 6,000.00.. c. Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number Amount Cash Loan from daughter, Lisa Montes $6,000.00 --CD cashed d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount Lisa Montes / no acct # 153 Eagle Ave Mead CO 80542 Until Paid Unsecured $6,000.00 15. Give name of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons authorized to draw thereon. --business bank account: Wells Fargo / RM Inc. / #3420053591 signer will be: Rodolfo Montes. 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. a�tonzgd Signature �,1�� ma S Title PRESIDENT Date ij,13/1 / ATTACHMENT TO INDIVIDUAL HISTORY RECORD - RODOLFO MONTES RE: RM INC. dba ROOM 119 QUESTION #14a: Total purchase price if buying an existing business or investment being made by the applying entity, corporation, partnership, limited liability company, other There is no purchase of a business. The liquor license is currently held by J. Montes Inc. — Jeanette Montes, President. Jeanette Montes, n/k/a, Jeanette Martinez, is the now ex-wife of Rodolfo Montes. Rodolfo Montes was awarded the bar/liquor license in the divorce decree — see attached. Mr. Montes is investing $6,000 to cover attorney fees, application/license fees, to transfer the liquor license to his entity, RM Inc. L (. ) nickti (Docile-) � Lic t U{ ahk m _.1)LtdI� I ± tit pace 12 fi td -ea K5 fi.x 1G1. (L, t Of iL I AL F+ I i ( ) V('luwn Ln ) Boa ILL-u,SI )UC j P) i r w(SO /(-flow 11)I'- t -k5 a1 p ` wL . I fYc( (U i(k \ a �,�-Q., I L . -er 4 .AcL. (i ti ISS Lis iCA-t Dr wi Slab' )Sl�►71c�-I- . IC •wks V Q Lis 9 pod L La.i 6 i 'CS co loL /S aw c'Q,{ LJ (esponsitt 111 an {"5-}c2I / )/)Lei ) I Lk °was has bpen J LCc_ -foil duck lc -I -I LC- ) I D 05.1 1) 1 to ?a q --e1 d ZCt I f, C W i t-crt-StAl f C CJilea-f CYCAW (c- 1i) -CIIL Lc) 101 oii e - CO lad _c)1,LV6CWidLi1 lob LUshbe St- #C101 Lo mo�t;� Cb- usoli 120 430.5115 01'3/zoo L� \,ti' \/\,DR I .± kc HH C DYl a) V KL)Ack-L (3v cat yon . I ti l (P'l, \ilea (11(:/ ILA S Y IS CO VvICi L j-ts a 0 act -t- (:\ \\Aowit, L) Oct* LtdUlc� )L11) C -rvA ail I UL \ ) S•5i (-±f . J `OLC Lk�El1 --}-Ciis Lat i r)1) LEI 1 C -fL 4 c pi 11 L ( LiL (IL T itLoh fria, )b iiiV• I�tclur}-f cis is ► v s,S t wv_� j ct5 a � VI Ail L<, SL Ii ( UL L E Ci v S \iVi Gi U L U. I \i'\) ICoI l d ft I l� , Gt L tivLc.1 �,°C�� \ AaL (A./(-k- Halo-) IS c'Ci'i t.C I `I, C E LII c5 & /(S)ucf LL 1200 kmhark SF a€33/ Utigmbrtt, eo (o5a1 120.352- 44010 ' 1 (_J I`LL LDi 1 --ft) cri bn*c>S i a Ci { (c-0- ycv Soy) c nc \i•Ats, cifcs (In, oUUc tip (; n \l i S r\ n \:y r 6.bl U Sli X ,r) -t lc ears c* tic/We I. l tct ft CDC 0& * ckycjainc-v- 1nln'3/4 \Te Is cc_ pure c, qA, �h 2 S -t- ��b1 � i�C $�Stic( \ k c5 ck -1116\1\1 S Flo t f CGS( D4 cl + d c t N (1)cCS. A ct-t-3S nos CDn cOtYlvskcv G+ic _� E i-c an A kk S=4 . 1-Cct Se Con-i oo 4 yi C p I , n c • \i Q jf b B Y O co 305 8 qm 3 th lZ In Chinook Pl• Loarot ,CD DATE 08/12/2010 SO WELD COUNTY RECORDS GREELEY 1950 "O" STREET GREELEY, CO 80631 RE: MONTES,RODOLFO DATE OF BIRTH: SOC: XXX-XX- 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. 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: IDENTIFICATION *************************** MONTES, RODOLFO SEX: M RACE: W HGT: 507 WGT: 150 EYE: BRO HAIR: BRO SKN: MM ************************** CRIMINAL HISTORY ************************** ARREST DATE ARRESTED AGENCY ARREST NUMBER NAME USED CHARGE CHARGE LITERAL Cycle 001 01/27/1991 EVANS POLICE DEPARTMENT 495078 MONTES,RODOLFO O1 LARC - PARTS FROM VEH 4 OFFENSE DATE CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE 01/27/1991 02 TRESPASSING 1ST DEG FELONY 01/27/1991 *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 ---- 08/12/2010 22:38MT UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2010225000000077591 TCN 014C80502018 THE ENCLOSED RECORD, DATED 2010/08/13, WITH THE FBI NUMBER 798415TA6 AND IAFIS CONTROL NUMBER (ICN) E2010225000000077591 IS BEING PROVIDED AS THE RESULT OF CIVIL RETURN IDENT TEN -PRINT SUBMISSION. A CRIMINAL HISTORY REQUEST NOTIFICATION(S) WAS SENT BY THE FBI TO THE FOLLOWING ORGANIZATIONS, EXCEPT FOR THOSE INDICATING THAT THE REFERENCED SUBJECT IS DECEASED. *COLORADO FBI - STATE ID/CON404927 - FBI/798415TA6 SINCE THIS RESPONSE CONTAINS NATIONAL FINGERPRINT FILE (NFF) REGULATED DATA, THE RESPONSE MAY NOT BE COMPLETE. IF THE RESPONSE IS INCOMPLETE, PLEASE CONTACT THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OR THE STATE BUREAU(S) TO REQUEST A COMPLETE RECORD. * DENOTES STATE BUREAU(S) RESPONSE(S) NOT RECEIVED IN ALLOTTED TIME PERIOD. COCBI0000 CO BUREAU OF INVEST COLORADO CRIME INFO CTR STE 3000 690 KIPLING ST DENVER, CO 80215-8001 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2010225000000077591 TCN 014C80502018 AGENCY CASE CO0620000 THE FBI IDENTIFIED YOUR TEN -PRINT SUBMISSION WHICH CONTAINED THE FOLLOWING DESCRIPTORS: NAME MONTES, RODOLFO DATE ARRESTED/FINGERPRINTED 2010/08/03 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR M U 506 160 BROWN BLACK STATE ID CO404927 OTHER BIRTH DATES NONE ALIAS NAME(S) NONE BIRTH PLACE MEXICO SCARS -MARKS -TATTOOS SOCIAL SECURITY MISC NUMBERS NONE NONE END OF COVER SHEET UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2010225000000077591 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. THIS RECORD IS SUBJECT TO THE FOLLOWING USE AND DISSEMINATION RESTRICTIONS UNDER PROVISIONS SET FORTH IN TITLE 28, CODE OF FEDERAL REGULATIONS (CFR), SECTION 50.12, BOTH GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES AUTHORIZED TO SUBMIT FINGERPRINTS AND RECEIVE FBI IDENTIFICATION RECORDS MUST NOTIFY THE INDIVIDUALS FINGERPRINTED THAT THE FINGERPRINTS WILL BE USED TO CHECK THE CRIMINAL HISTORY RECORDS OF THE FBI. IDENTIFICATION RECORDS OBTAINED FROM THE FBI MAY BE USED SOLELY FOR THE PURPOSE REQUESTED AND MAY NOT BE DISSEMINATED OUTSIDE THE RECEIVING DEPARTMENT, RELATED AGENCY OR OTHER AUTHORIZED ENTITY. IF THE INFORMATION ON THE RECORD IS USED TO DISQUALIFY AN APPLICANT, THE OFFICIAL MAKING THE DETERMINATION OF SUITABILITY FOR LICENSING OR EMPLOYMENT SHALL PROVIDE THE APPLICANT THE OPPORTUNITY TO COMPLETE, OR CHALLENGE THE ACCURACY OF, THE INFORMATION CONTAINED IN THE FBI IDENTIFICATION RECORD. THE DECIDING OFFICIAL SHOULD NOT DENY THE LICENSE OR EMPLOYMENT BASED ON THE INFORMATION IN THE RECORD UNTIL THE APPLICANT HAS BEEN AFFORDED A REASONABLE TIME TO CORRECT OR COMPLETE THE INFORMATION, OR HAS DECLINED TO DO SO. AN INDIVIDUAL SHOULD BE PRESUMED NOT GUILTY OF ANY CHARGE/ARREST FOR WHICH THERE IS NO FINAL DISPOSITION STATED ON THE RECORD OR OTHERWISE DETERMINED. IF THE APPLICANT WISHES TO CORRECT THE RECORD AS IT APPEARS IN THE FBI'S CJIS DIVISION RECORDS SYSTEM, THE APPLICANT SHOULD BE ADVISED THAT THE PROCEDURES TO CHANGE, CORRECT OR UPDATE THE RECORD ARE SET FORTH IN TITLE 28, CFR, SECTION 16.34. - FBI IDENTIFICATION RECORD - WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT FURNISHED THE DATA TO THE FBI. NAME MONTES,RODOLFO FBI NO. 798415TA6 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR M W 507 150 BRO BRO BIRTH PLACE MEXICO END OF PART 1 - PART 2 TO FOLLOW COCBI0000 PART 2 DATE REQUESTED 2010/08/13 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 ICN E2010225000000077591 - FBI IDENTIFICATION RECORD - FBI NO-798415TA6 FINGERPRINT CLASS PATTERN CLASS PI 07 TT 05 14 UC RS RS RS RS LS LS LS LS LS 07 06 04 08 13 AU AU WU WU RECORD UPDATED 2010/08/13 ALL ARREST ENTRIES CONTAINED IN THIS FBI RECORD ARE BASED ON FINGERPRINT COMPARISONS AND PERTAIN TO THE SAME INDIVIDUAL. THE USE OF THIS RECORD IS REGULATED BY LAW. IT IS PROVIDED FOR OFFICIAL USE ONLY AND MAY BE USED ONLY FOR THE PURPOSE REQUESTED. HDR/2L01819046342 *0000077591 PUR/I ATN/E201022500000007759181904636 THIS RESPONSE IS THE RESULT OF YOUR INQUIRY: NO RECORD FOUND WITH COLORADO CRIMINAL HISTORY FILES COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St, Denver CO 80261 September, 2005 AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: Paid in full. There are no outstanding accounts with any Colorado Wholesalers. Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: El Licensee ❑Applicant p Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law - Regulation 47-304. 0 Applicant will assume full responsibility for payment of the outstanding accounts as listed above. ❑ No alcohol beverage inventory transferred or sold. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. Dated this :4-) f day of March , 20 11 Selmer: Current Licensee: J. MONTES, INC. 10-93094-0000 Licensee & License Number EL RODEO NIGHT CLUB Trade name At1~k/ ignature RESIDENT Position JEANETTE MONTES Print Name Buyer: Applicant: RM, INC. Applicant ROOM 119 Trade name 2cLci2Ifo 0114--6:- Signature PRESIDENT Position RODOLFO MONTES Print Name OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, RM, Inc. is a Corporation formed or registered on 10/05/2010 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 20101549607. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 10/01/2010 that have been posted, and by documents delivered to this office electronically through 10/06/2010 @ 11:18:04. 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 10/06/2010 @ 11:18:04 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7760848. Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of Stale's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site http: wwu.sacstare.co. ushtrCeritlleoteSearchidterutdo entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, hop>hrwu. rus.shAe. co.u.c' click Business Center and select "Frequently Asked Questions." I '1RT GS U Revised 08 20 21108 r 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. -Flied Colorado Secretary of State Date and Time: 10/05/2010 03:12 PM ID Number: 20101549607 $50.00 Document number: 20101549607 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Profit Corporation filed pursuant to § 7-102-101 and § 7-102-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the corporation is RM, Inc. (The name of a corporation must contain the term or abbreviation "corporation'', "incorporated", "company", "limited", "carp. ", inc. ", "co." or "ltd. ". See §7-90- 60/, C.R.S. If the corporation is a professional or special purpose corporation, other law may apply.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the corporation's initial principal office is Street address Mailing address (leave blank if same as street address) 3101 Highway 119 (Street number and name) Longmont (City) (Province — if applicable) CO 80504 (State) (ZIP/Postal Code) United States (Country) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the corporation's initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) 455 Sherman Street Carr Daniel W. (Last) (First) (Middle) (Suffix) Street address ARTINC_PC Suite 300 (Street number and name) Denver (City) Co 80203 (State) (ZIP/Postal Code) Page I of 3 Rev. 02/28/2008 Mailing address (leave blank if same as street address) (Street number and name or Past Office Box information) (City) (The following statement is adopted by marking the box.) CO (State) (ZIP/Postal Code) n The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address 455 Sherman Street Carr Daniel W (Last) (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Suite 300 Denver CO 80203 (City) (State) (ZIP/Postal Code) United States (Province- fapplicable) (Country) (If the following statement applies, adopt the statement by marking the has and include an attachment) ❑ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. The classes of shares and number of shares of each class that the corporation is authorized to issue are as follows. (If the following statement applies, adopt the statement by marking the box and enter the number of shares) ❑✓ The corporation is authorized to issue 10,000 common shares that shall have unlimited voting rights and are entitled to receive the net assets of the corporation upon dissolution. (If the following statement applies, adopt the statement by marking the box and include an attachment) ❑ Additional information regarding shares as required by section 7-106-101, C.R.S., is included in an attachment. (Caution: At least one box must be marked. Both boxes may be marked, if applicable.) 6. (/f 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. 7. (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 (mm/dd/)yyy hour: minute am/pm) ARTINC_PC 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. 8. The true name and mailing address of the individual causing the document to be delivered for filing are Cooley (Last) 455 Sherman Street Jan (First) (Middle) (Suffix) Suite 300 (Street number and name or Post Office Box Information) Denver CO 80203 (City) (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) ❑ 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). ARTINC_PC Page 3 of 3 Rev. 02/28/2008 ARTICLES OF INCORPORATION OF RM, INC. THE UNDERSIGNED (a natural person at least eighteen (18) years of age), acting as the Incorporator of a corporation to be incorporated under the laws of the State of Colorado Business Corporation Act, adopts these Articles of Incorporation. ARTICLE I Name The name of the Corporation is RM, Inc. ARTICLE II Authorized Capital The Corporation shall have authority to issue ten thousand (10,000) shares of common stock. ARTICLE III Offices A. The street address of the initial registered office of the Corporation is 3101 Highway 119, Longmont, Colorado, 80504, and the name of the initial Registered Agent at that address is Rodolfo Montes. B. The address of the Corporation's initial principal office is 3101 Highway 119, Longmont, Colorado, 80504. ARTICLE IV Incorporator The name and address of the incorporator is Daniel W. Carr, 455 Sherman Street, Suite 300, Denver, Colorado, 80203. ARTICLE V Purposes The purpose for which the Corporation is organized is the transaction of any and all lawful business, including any and all things or acts required pursuant thereto. The Corporation shall have the power to apply for, take and hold, any and all licenses whatsoever, including liquor and cabaret licenses of any character. 1 ARTICLE VI Preemptive Rights The Shareholders shall not have preemptive rights. ARTICLE VII Quorum for Shareholders' Meetings Except as bylaws adopted by the Shareholders may provide for a greater quorum requirement, a majority of the outstanding shares shall constitute a quorum at any meeting of Shareholders. Except as bylaws adopted by the Shareholders may provide for a greater voting requirement and except as is otherwise provided by the Colorado Business Corporation Act with respect to action on amendment to these Articles of Incorporation, on a plan of merger or share exchange, on the disposition of substantially all of the property of the corporation, on the granting of consent to the disposition of property by an entity controlled by the Corporation, and on the dissolution of the Corporation, action on a matter other than the election of directors is approved if a quorum exists and if the votes cast favoring the action exceed the votes cast opposing the action. Any bylaw adding, changing, or deleting a greater quorum or voting requirement for shareholders shall meet the same quorum requirement and be adopted by the same vote required to take action under the quorum and voting requirements then in effect or proposed to be adopted, whichever are greater. ARTICLE VIII Officers and Directors A. The corporate powers shall be exercised by or under the authority of, and the business affairs of the Corporation shall be managed under the direction of a Board of Directors. B. The Directors shall be elected at each annual meeting of the Share- holders, provided that vacancies may be filled by election by the remaining Directors, though less than a quorum, or by the Shareholders at a special meeting called for that purpose. Despite the expiration of his or her term, a Director continues to serve until his or her successor is elected and qualifies. C. The initial Board of Directors is as follows: Rodolfo Montes 2 ARTICLE IX Cumulative Voting Cumulative voting shall not be permitted in the election of Directors. ARTICLE X Limitation on Director Liability A Director of the Corporation shall not be personally liable to the Corporation or to its Shareholders for monetary damages for breach of fiduciary duty as a Director; except that this provision shall not eliminate or limit the liability of a director to the Corporation or to its Shareholders for monetary damages otherwise existing for (i) any breach of the director's duty of loyalty to the Corporation or to its Shareholders; (ii) acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; (iii) acts specified in Section 7- 108-403 of the Colorado Business Corporation Act; or (iv) any transaction from which the Director directly or indirectly derived any improper personal benefit. If the Colorado Business Corporation Act is hereafter amended to eliminate or limit further the liability of a director, then, in addition to the elimination and limitation of liability provided by the preceding sentence, the liability of each director shall be eliminated or limited to the fullest extent permitted by the Colorado Business Corporation Act as so amended. Any repeal or modification of this Article X shall not adversely affect any right or protection of a director of the Corporation under this Article X, as in effect immediately prior to such repeal or modification, with respect to any liability that would have accrued, but for this Article X, prior to such repeal or modification. ARTICLE XI Indemnification The Corporation shall indemnify, to the fullest extent permitted by applicable law in effect from time to time, any person, and the estate and personal representative of any such person, against all liability and expense (including attorneys' fees) incurred by reason of the fact that he is or was a director of the Corporation or, while serving as a director of the Corporation, he is or was serving at the request of the Corporation as a director, officer, partner, trustee, employee, fiduciary, or agent of, or in any similar managerial or fiduciary position of, another domestic or foreign corporation or other individual or entity or of an employee benefit plan. The Corporation shall also indemnify any person who is serving or has served the Corporation as director, officer, employee, fiduciary, or agent, and that person's estate and personal representative, to the extent and in the manner provided in any bylaw, resolution of the Shareholders or Directors, contract, or otherwise, so long as such provision is legally permissible. 3 ARTICLE XII Effective Date The existence of the Corporation shall begin on the time and date of filing by the Secretary of State, as evidenced by the Secretary's endorsement on the filed Articles. CONSENT TO INFORMAL ORGANIZATIONAL ACTION OF THE DIRECTORS OF RM, INC. (zit kat, , 2010 THE UNDERSIGNED, constituting the Directors of RM, INC., a Colorado corporation (the "Corporation"), in accordance with Section 7-108-202 of the Colorado Business Corporation Act, do hereby take the actions below set forth, and to evidence his waiver of any right to dissent from such actions, do hereby consent as follows: RESOLVED: That the Articles of Incorporation of this Corporation filed with the Secretary of State on 1)(4-0 tot— c, 2a U , and attached hereto and incorporated by reference herein be and the same are hereby approved and accepted. RESOLVED: That the Bylaws attached hereto and incorporated by reference herein be and the same are hereby declared to be the Bylaws of the Corporation. RESOLVED: That the following persons are hereby elected as officers of the Corporation in the respective capacities set forth after his or her name, the term of office of each person to be until the first annual meeting of the Board of Directors, and until his or her respective successors shall be elected and qualified: Rodolfo Montes President Vacant Vice President Vacant Treasurer Rodolfo Montes Secretary RESOLVED: That the seal of the Corporation shall consist of a circular impression bearing around the outside rim the words "RM, Inc.," the word "Colorado," and in the center the date "2010." �i I I, RESOLVED: That the )U l� �L1'v Sti1F, be and it hereby is designated as a depository of this Corporation, and that the corporate banking resolutions of said bank, attached to these Minutes and incorporated herein, be and the same are hereby unanimously adopted and approved. 1 RESOLVED: That the Treasurer be and is hereby authorized and directed to pay all fees and expenses incident to and necessary for the organization and qualification of the Corporation, including, without limitation, all legal and accounting fees and costs to procure proper corporate books. RESOLVED: That the proper officer of the Corporation cause to be prepared appropriate books and records with respect to the capital stock of the Corporation, in which shall be recorded, among other things, the names and addresses of the stockholders and the number of shares held by each. RESOLVED: That the Corporation elect to qualify as a S corporation pursuant to Subchapter S of the Internal Revenue Code of 1986, provided that the stockholders of the Corporation approve unanimously such election, and that the proper officer of the Corporation file all forms and undertake all action necessary to effectuate such election. RESOLVED: That the Corporation issue the following number of shares of Common Stock to the following below named individual upon payment, by check or in cash, to the Corporation by such individual of the amounts of money set forth opposite his or her name: Name Rodolfo Montes No. of Shares 1,000 Consideration $1,000 RESOLVED: That any and all actions taken or contracts entered into heretofore by a promoter, officer or director for the Corporation, either as a promoter, officer or director, as well as any and all actions taken or contracts entered into by said persons as individuals, acting for the Corporation, be and the same are hereby ratified, approved and confirmed by the Corporation, and all such contracts adopted as though said individual had at such time full power and authority to act for the Corporation and in the same manner as if each and every act had been done pursuant to the specific authorization of the Corporation. RESOLVED: The officers, employees, and agents of the Corporation are hereby authorized and directed to take any and all action, necessary or convenient, in order that the Corporation file and perfect an application for a liquor license at any location that it deems desirable, within the State of Colorado, or otherwise. 2 WITNESS my signature the day and year first above written. Dodo[P /4cn4 3 RM, INC. INFORMAL ACTION OF THE SHAREHOLDERS 616-4 61r-7 ,2010 The undersigned, constitute all shareholders of RM, Inc., a Colorado corporation (hereinafter referred to as the "Corporation"), do hereby take the actions set forth below and to evidence the waiver of any right to dissent from such actions, do hereby consent as follows: RESOLVED that the following persons are hereby elected as Directors of the Corporation, the term of office to be until the next annual meeting of the shareholders and until their respective successors shall be elected and qualified: Rodolfo Montes WITNESS the execution hereof the day and year first above written. SHAREHOLDERS: RM, INC. By: Rode/ io 61O(), --f- s 5 Y �w�',��\S���I �`tF[ 'i[`�],�y('v �' ,e The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations. Additional abbreviations may also be used though not in the list. TEN COM — as tenants in common TEN ENT — as tenants by the entireties JT TEN — as joint tenants with right of survivorship and not as tenants in common UNIF GIFT MIN ACT ----------Custodian _-...... __._—.(Minor) under Uniform Gifts to Minors Act UNIF TRF MIN ACT — ........ under -_-__ ..._.__.-__(State) Uniform Transfer to Minors Act PLEASE INSERT SOCIAL SECURITY OR OTHER For value received, the undersigned hereby sells, assigns and transfers unto IDENTIFYING NUMBER OF ASSIGNEE PLEASE OR -------A-- ND ADDR SS OF- AFASE PRINT OR TYPEWRITE NAME AND ADDRE% OF ASSIGNEE o .. .. .. 5 — — -- — -- — ----- Shares a.z . ------------------------------------------------------------------------ represented by the within Certificate, and hereby irrevocably constitutes and appoints_ ........ —-------------------------------------------------____ ---- --- . - Attorney to transfer the said shares on the books of the within -named Corporation with full power of substitution in the premises. Dated,--------- --- --- ------ - In presence of JO U011919118 N 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. M" -Filed Colorado Secretary of State Date and Time: 04/25/2011 02:17 PM ID Number: 20111245843 $20.00 Document number: 20111245843 Amount Paid: $20.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Trade Name of a Reporting Entity filed pursuant to §7-71-103 and §7-71-107 of the Colorado Revised Statutes (C.R.S) 1. For the reporting entity delivering this statement, its ID number, true name, form of entity and the jurisdiction under the law of which it is formed are ID Number 20101549607 True name Form of entity Jurisdiction (Colorado Secretary of State ID number) RM, Inc. Corporation Colorado 2. The trade name under which such entity transacts business or conducts activities or contemplates transacting business or conducting activities in this state is ROOM 119 3. A brief description of the kind of business transacted or activities conducted or contemplated to be transacted or conducted in this state under such trade name is Bar 4. (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. 5. (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, fapplicable, time using the required format) The delayed effective date and, if applicable, time of this document are Notice: (mm/dd/yyyy hour: minute am/pm) 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 such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. TRDNM_RE Page 1 oft Rev. 01/01/2008 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 identified in this document as one who has caused it to be delivered. 6. The true name and mailing address of the individual causing this document to be delivered for filing are Rowe Brenda J 455 Sherman St #300 First) (Middle) (Suffix) (Street number and name or Post Office Box information) Denver CO 80203 (City) (State) (Postal/Zip Code) United States (Province - If applicable) (Country -ifnot US) (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). TRDNM_RE Page 2 of2 Rev. 01/01/2008 District Court _Weld_ County, Colorado. Court Address: 901 Ninth Ave. Greeley, CO 80631 Ph. 970-351-7300. In re the Marriage of. Petitioners RODOLFO MONTES and Co-PetitionerlRespondent-JEANETTE MONTES FILED IN (STRICT COURT JAN 242011 t.IFILED Doe -1JI0DR9a7 Cu Weld Con Filing Date: Jan 24 20I 11:13PM MST Filing ID: 35539164 • -- UURT USE ONLY —. men( - District Court ELD COUNTY, COLO. Case Number. 10 DR 907 :Division 3 Courtroom DECREE OF %DISSOLUTION OF MARRIAGE OR CILEGAL,SEPARATION This matter was reviewed by the Court on - 1/af T/j; (date). Petitioner Appeared in person. >IISighed a Non -Appearance Affidavit ❑Was represented by an attorney Attorney Name_ dt Co -Petitioner URespondent Appeared in person ❑DId not appear Signed a Non -Appearance Affidavit OWas represented by an attorney Attorney Name: X The Court has read the Non -Appearance Affidavit. X The Court has considered the testimony andevidence presented. X The Courthas considered any Financial Statements filed and makes the following findings and orders: 1.: The Court has jurisdictionover the parties because: X The parties filed jointly on July , 2010 (date):. ❑ The Respondent (date) in (county). ❑ The Respondent signed a waiver of service on (date). ❑ The Court has subject -matter jurisdiction based on publication on _ (date) ❑ Otherjurisdiction 2. At least one party was domiciled In Colorado for more than 90 days before the Petition was filed. 3. At least 90 days have passed since the court acquired jurisdiction over the Co -Petitioner or Respondent or since the Court acquired jurisdiction over the subject matter based on publication. 4. The marriage between the parties Is irretrievably broken. 5. The Separation Agreement between the parties is found to. be, not unconscionable as to support, maintenance, and division of property, and is Incorporated herein. 8,. U All provisions in the Parenting Plan regarding the children are in the best interests of the children, including residence, allocation of. parental responsibility (including decision -making responsibilities_ and parenting time), and any other orders necessary to effectuate the best interests of the children. 7. II The name change request Is not detrimental to any person. The Court therefore; orders: (name) was served with. a Summons on JOF 1116 R7lae. DECREE OF DISSOLUTION OF.MARRIAGE OR LEGAL SEPARATION Page 1 oft XX% 001530 00000000 001 002 00465 NS: 0 0 G,o XThe marriage, is dissolved and a. Decree of Dissolution of Marriage Is entered. ❑. A Decree of Legal Separation Is entered:. Either party may apply to convert this decree to a Decree of Dissolution of Marriage after six months has passed and the other party has been given written notice of the request. X Each partyshall perform all of the applicable provisions of the separation agreement or permanent orders. The Separation Agreement filed on V/1 / 11 1/ (date) is incorporated. Into. this Decree. Of' ❑ Has been read'into:the record and will: be reduced to Writing andfiled on or before (date). ❑ The Parenting Plan filed on (date) is incorporated'into this Decree. or ❑ The Court has. entered permanent orders, which will be reduced to writing and filed, on or before (date). or Cl It is' in the best interests of the parties that the Court has entered a Decree, even though there are no. permanent orders on thisdate; or ❑ Permanent orders are sot forth below[ ❑ Any Support Order entered will become part of this Decree. O A Protectlon/Restralning Order was issued. on. - - - (date). The Protection/Restraining Order is; \ ❑ Vacated. ❑ ContinUed to (date) pursuant to§13-14-102(9)(c),C.R.S. ❑ No changes have been made to the existing Protection/Restraining Order 0 Changes have been made to the existing Protection/Restraining Order,as follows. if the Protection Order has been modified, the party requesting the modification must serve a copy of the modified. Temporary' or Permanent Protection Order, as applicable, on the other party. X The CgPetitioner_ is granted, a restoration of the prior name JEANETTE MARTINEZ. O Other. J0F 1116 R7/08 DECREE OF DISSOLUTION OF MARRIAGE OR LEGAL SEPARATION Poge 2 of 2 XXX 001531 00000000 002 002 00455 INS: 0 0 ❑The parties do not have any assets in this category. )FThe parties agree to the following terms relating to all miscellaneous assets listed below. Identify Items H W Identify Items H W El Rodeo Nightclub business X ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ _ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑The parties agree to divide the various assets listed above by ❑The parties have already divided the various assets listed above per this agreement Other Wife shall transfer the liquor license to the Husband upon the entry of a Decree of Dissolution in this matter. (date). Section 2: Debts LiThe parties do not have any debt. SThe parties agree to the following terms relating to all debt and the party responsible for the debt will indemnify and hold the other party harmless. Identify Name of Creditor Date of Balance Balance Party Responsible for future payments. H W _ Both (indicate %) Haliburton/Scott 9/2010 $ 230.00 X U H % W % Chase Bank credit. 9/20/10 700.00 X ❑ H % W °/n Wakefield and Assoc. 9/20/10 296.03 X ❑ H % W U ❑ H %W ❑ ❑ H %W % U ❑ H %W % ❑ ❑ H % W_-_% ❑ ❑ H %W U ❑" H %W ❑ ❑ H %W ❑ ❑ H %W % Total debt to be assumed by Husband $ 1,226.03 H Total debt to be assumed by Wife $ 0 W % Section 3: Taxes JDF 1115 R3f10 SEPARATION AGREEMENT Page 6 of 8 DILL DILL CARR STONBRAKEP & ♦♦UTCHINGS, PC Direct Dial (303) 282-4135 E -Mail: browe@dillanddill.com May 3, 2011 455 Sherman Street, Suite 300 Denver, Colorado 80203 Phone: 303-777-3737 Fax, 303-777-3823 www,dillanddill.com VIA FEDERAL EXPRESS Ms. Esther Gesick, Deputy Clerk to the Board Ms. Christie Peters, Deputy Clerk to the Board Weld County 915 10th Street Greeley, CO 80631 RE: RM Inc. dba Room 119 3101 Highway 119; Longmont, Colorado 80504-9543 Transfer of Ownership — Tavern Liquor License, Dance License Attorney for the Applicant: Daniel W. Carr Transfer of Ownership Filing Dear Esther / Christie: Christopher W. Carr* Daniel W Carr Fay Chu Fong John J. Coates Kevin M. Coates H. Alan Dill Robert A. Dill Thomas M. Dunn John A. Hutchings Tom Lamm Stephen M. Lee Fay M. Matsukage** Adam P. Stapen Jon Stonbraker Patrick D. Tooley *Also licensed in Washington "Also licensed in Nevada Leonard N. Waldbaum, of Counsel On behalf of our client, we file an application [original and one copy] to transfer the tavern liquor license and dance license, and we respectfully request a 120 - day temporary permit be issued as soon as possible. The current licensee, J. Montes Inc., is owned by Jeanette Montes, n/k/a, Jeanette Martinez. Rodolfo Montes is the property owner and ex-husband of Jeanette Montes, n/k/a, Jeanette Martinez. Rodolfo Montes was awarded the bar/liquor license business in the divorce decree. There is one individual to qualify: Rodolfo Montes, sole director, officer and shareholder of RM Inc., and the "registered manager" for the liquor license. Mr. Montes was previously fingerprinted and you have his fingerprints and the check for the CBI fee in your office. Ms. Esther Desick Ms. Christie Peters May 3, 2011 Page 2 Please direct any questions or issues to my attention. Please let me know when the temporary permit can be issued and when this transfer application will be set on the agenda before the Licensing Authority. Thank you. Respttglly, l BY nn a J. RoQve, Paralegal /bjr Enclosures: Check, Weld County, $1,075.00 — $875.00 application fee 75.00 license fee 100.00 temporary permit 25.00 dance license Check, Colo Dept of Revenue, $1,525.00 — $1,025.00 application fee 500.00 license fee Affidavit of Transfer & Statement of Compliance Authorization by current licensee J. Montes Inc. to transfer licenses —w/affidavit of Jeanette Montes —w/divorce decree DR8404 Retail License Application Individual History Record — Rodolfo Montes Dance License Application Floor Plan Lease Entity documents — RM Inc.: Certificate of Good Standing Articles of Incorporation Consent electing current officers Consent regarding shareholders Stock Certificate Statement of Trade Name MEMORANDUM TO: CHRISTIE PETERS FROM: DAN JOSEPH ENVIRONMENTAL HEALTH SERVICE SUBJECT: LIQUOR LICENSE INQUIRY DATE: MAY 26, 2011 CC: CINDY SALAZAR; DEBRA ADAMSON; LAURIE EXBY In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for RM, Inc. (previously licensed as El Rodeo Night Club), located at 3101 Highway 119, in Longmont, Colorado. The Department has received all required change of ownership paperwork from the new owner. At this time, the Department is recommending for approval of the liquor license. Should you have any questions regarding this matter, please contact me via e-mail at djoseph@co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III MEMORANDUM 444 To: Christie Peters, Clerk to the Board IIiDcFrom: Bethany Salzman, Zoning Compliance Officer COLORADO Date: May 24, 2011 Subject: Liquor License Referral Review of the following liquor license renewal by the Department of Planning Services shows the following: 10-93094-0000 RM, Inc. dba Room 119 3101 Highway 119 Longmont, Colorado 80504-9543 Zone District: C-4 (Commercial) This use is allowed through the zone district and a Site Plan Review (SPR-267). After further research of my files and computer, no active violations were found on the property at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY To: Weld County Board of Commissioners From: Deputy Lisa Carpenter Date: May 25, 2011 RE: RM, Inc., dba Room 119 Dear Commissioners, I have researched and found no reported calls for service to the RM Inc., dba Room 119, located at 3101 Highway 119, Longmont, CO 80504 for the Calendar year of 2010 to present day. I find no grounds for disapproval for issuing the liquor license. Respectfully Submitted, Deputy Lis arpenter Community Resource Officer Weld County Sheriff's Office 1950 "O" Street Greeley, CO 80631 ELD COUNTY-'SH:ER1ia F9S OFFICE Communi +R ato#e`0ffice LIQUOR EN Ft R i€ttir't IT WORKSHEET 1950 ii'eet . Greeley, Cootio 80631 Voice (970) 356-4015: Fax (970) 304-6467 Inspection Report ❑ Incident Report CR#: Uceree Trade Name: 1bv cr , `v Licensee !lame' ame di 17A-3 0.--/Q6,4 r �C' J�� I l f License # / Type: j li C lt-� Date of Report Incident S t j Address: 3 i v t {- (tt k L9 Person ContadedT��`14e .s 4 ) City, State, Zip: � CCU ���, �� � Q C 6 ( _ Teleplbne it 7 � (5� � �,�. d -� i' -,) (er--� c es no State Liquor License Posted ✓ Manager Registered e/ - _.� State Sales Tax License Posted '— License in Control of Premises County Liquor License Posted t.7 Trade Name Properly Registered e/I Federal Form 11 ` Call (800) 398-2822 ►✓ Premises Physical Control Adequate ood Senrice License Posted Acceptable Dispensing System Minor Warning Sign Posted ✓ Off Premise Storage Licensed Meals and Snacks Available ✓ Only Permitted Items Sold L.-1' Cleanliness Adequate ✓ Alcohol From Permitted Source L.. ----- Books & Invoices Available ✓ Discuss Sales of Liquor to Minors ,.---- i Alcohol Beverage Stock Acceptable ------ Dilseur Sales to Intoxicated Persons f OWarning EFollow-Up Inspection e D e Violation:I Date: I Time: Subject: 1 DOB: I Hgt I Wgt: I Eyes: 1 Hair: Clothing: DL I ID#: State: Address: City: State: Zip: Evidence: Yes NO HAN Phone #: Summons #: Court Date: Photos: Yes NO #:r,il O S 0 Date: 5-'1_4 S- /7 C Deputy: �! �rs�� TRANSFER OF OWNERSHIP REVIEW FORM Date: TO: FROM: SUBJECT: May 10, 2011 Lisa Carpenter Christie Peters, CTB Transfer of Ownership/Liquor License Check In accordance with the procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Transfer of Ownership/Tavern and Liquor License. PLEASE RESPOND NO LATER THAN: MAY 23, 2011 Present Name of Establishment: ESTABLISHMENT: J. MONIES, INC. DBA EL RODEO NIGHT CLUB 3101 HIGHWAY 119 LONGMONT, CO 80504 Current license expires: OCTOBER 9, 2011 New Applicant Name: RM, INC. DBA ROOM 119 3101 HIGHWAY 119 LONGMONT, CO 80504 A hearing for a Temporary Permit is scheduled for the Board's Agenda on 05/11/11 - if approved, the Permit will be valid for 120 days. *************************************************************** No concerns Dep The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) ************************************************************************************************************ Please notify at Extension Board of Commissioner's Transfer of Ownership hearing. of the date and time of the Liquor/Beer License Worksheet The following concerns are noted: The Licensee and the Sheriffs Office have collectively agreed to implement the following to correct concerns noted above: (A time line and corrective action should be listed for each concern) Date g ' � Deputy's Sig ature Use another sheet of paper or attach separate proposal to this packet if needed. Attach copies of all reports associated with this establishment for the last year. Both the Deputy and the Owner of the establishment will be required to attend the Liquor Hearing to testify to the above agreement. 0 o (12 U m E 0 2 O • r U • ooa', a Y m Ua(6 t► 0 o p o `• m o a:: co Duo o U U ° o c Y m N ) N O 2 a UQa' 14 lit Jas r N CY) O CO RECEIPT DATE X11///U/i NO 85880 RECEIVED FROM Dig 1 aiL eat? Sioflhr6 e-c,t ADDRESS 95 6 Starnaii6tagi, sic 'joo ' -cre__ Co 6'Dzo3 $ i 7 -2U U FOR 01itof oweSho tiltitot fee, d S vat HOW PAID a >Y' ale i CASH CHECK �I /0 7S `\'LT �Y• ^. 'l /VI V ORDER ORDER RECEIPT RECEIVED FRO ADDRESS 41 FOR DATE #12- (; c& a r rQwkilr el Rodeo) BY Gam, .51`}/x/1 NO 85881 It . 'rN 67-04 3,AKEi2 llO-rtrnN(6 Street ,Sit 3 7 HOW PAID CASH CHEC /S J /- 1 EY 0 ER Weld County and State of Colorado Tavern Liquor Licenses for RM Inc, dba Room 119 were picked up in person by Read i ca id O fl4-es= on August Is', 2011. Signature: 2O ic, Co rho n Gs • Witnessed by: �� >�ti� "� Deputy Clerk to thelBoard dull-I39b' don- /3' 9 Cool'? TAVERN (COUNTY) LIQUOR LICENSE RM, INC., DBA ROOM 119 Site Plan Review SPR-267 PL STAFF REPORT RETAINED IN TYLER, REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. siegar aA COLORADO CASE NUMBER: SPR-267 APPLICANT Rudolf° Monies SITE PLAN REVIEW Administrative Review PARCEL NUMBER: 1313 03 000011 LEGAL DESCRIPTION: Pt. SW4 SW4 of Section 3. USN. ROW of the 6th P.M.. Weld County. Colorado ZONING: CA (Highway Commercial) PROPOSED USES: ttighticlub. three =We Wines (one utilized as storage/o, one utilized for a caretaker, and one as hand member residences, and a fond truck in the Commercial (C- ) Zone District within the Mixed Use Development Area_ • NcMc Mobile hunt used for handl member cs m approved Sege Coalman of Approval iA Site Plan Review Standards Comments Meets the Intent of the Weld County loran Ordinance .& MUD Nan Included in Application YES Site l plan Certification IRetention Facilities Dept. Approval Engineering Date February 6, 1997 from Don Carroll, Weld (minty Public Works YES Oflstreed Parking Adegwate number of spaces, set Conditions of Approval #- II S !.8 'DES Loading Areas Sullflcienc Goading nu on tine Ili Access keels is via III 1I?, Ste Condition of Approval ,# I.hl DES 25 Itet -WES Setback Requirements Whet Requirements 10 Feet 115 1Jnd' caping Set Condo on al Approval #LE, I.F, I.G & IA NO Trash Collection and Storage Sep Laodnion of Approval #1,. I, 6, ,& ili YES Potable Water 'Site serWlcd bra well, s.tie Condition of .Approra'I #1111 I V'E,I SPR-267, Page 2 Sewage Disposal St. Yram Sanitatiof District YES Environment Standards Noise YES Air Quality YES 'dater Quality See Condition of Approval # Li & Ii YES Radiation _ ........_ ..._.. _._._....._._..__.._ ....._.... YES Heat _ YES Light Sign flashes, see Condition of Approval # l.D MO Property l aintenan€e YES This site plan rcvie itr is approved with the attached conditions: ['be following, conditions shall be performed within 30 days ole the Sit: Plan Review Conditional Approval date (fore 17, 1997): ff The mobile borne used as a dwelling ibr a band member shall be removed from the site within 30 days of the date of this administrative review or be reverted into storage, with only electricity permitted to be connected to the mobile home. Only one (1) mobile home used as living quarters for caretakers or security personnel responsible .for maintaining or guarding the property is permitted in accordance with Section 33.5.3.7 of the Weld County Zoning Ordinance. Cf reveried into storage, the applicant shall apply Mr and receive apprc.wal of a huilrling permit from the Weld applicant apply 1 1 4d i County Building Inspection Department, and a zoning permit from the Department of Flaming Services for the mobile home. The mobile home shall not be utilized ott any basis as a dwelling or as overnight or temporary housing far any persons. B. The applicant shall apply for and receive approval of a building permit front the Weld County Building Inspection Department for the mobile home to be used as an accessory of lice and storage lac ility . 1'he applicant shall apply for and receice approval of a Flood Hazard Development permit from the Department of Planning Services. 1). All niechanica1 or electrical appurtenances, such as revolving beacons and flashing signs, which are designed LO compel attention, are prohibited in all zone districts as per Section 42.2 ol'the Weld County Zoning Ordinance. The applicant shall submit I I SPR-267, Page 3 a letter staling that the flashing ht3lhs on the sign located on the property have been either removed or switched so that they no longer Hash. E. An improvements agreement for proposed landscaping shall be submitted to and reviewed by the Department of Planning Services and approved by the Weld County Commissioners, and collateral tendered_ F. 'ts'he applicant shall submit evidence to the Department of Planning Services that they are attempting,' to niwet the landscaping requirements for parking lots in Section 2.6.3 the S Use } � be by z of Mixed Development l Plan. �1'his information will reviewed the Department of Planning Services to determine if the proposed landscaping within the parking lot meets the intent of the Mixed Use Development Plan. The applicant shalt submit to the Department of Planning Services for review and approval, a detailed landscape plan delineating proposal trees. shrubs, ground covers and other landscaping elements on the site, along with a maintenance schedule of F;F1t2: 1110 1 ta1F'i i'r'!'2t1111 CT t%fl i t }1f+ !II I Pi I !171r4 1011 rj; Ti I'.1; 11O11 afti'•T Si Ft. lsnl%St?%.-41pli11b 17111 kn. 11ti15N 444548 ALIAS F 14%e%J • l l The applicant shall submit evidence In the Department cal' Planning Services that they have reached an agreement with the Colorado Department of Transportation addressing the concerns its their referral dated January 28, 1997. The applicant shall submit evidence vi the.• Department of Planning Services from the Division of Water Resources that the well utilized for the eo m nnerctal and residential activities on the site is of sufficient quantity and quality to adequately handle all uses on the property. The Site Plan Review map shall he amended to show the dimensions of the individual parking spaces. K. The water system shall comply with the requirements for a "non -Community" water system as cicPaned in the Primary Drinking Water Regulations (5 CC R 1003-1). The applicant shall submit evidence to the Weld County Health Depanment and the Department of Planning Services that the water system meets all requirements from the State Department of Health. 2. Elie following conditions shall be completed within 60 days of the Site Plan Review Conditional Approval claw (July 17. 1q071 A The portion ofthe lot which abut: Ski 119, shall be landscaped with a minimum 2 '=t inch caliper shade tree or 6 lout minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the kit line towards the interior of. the St'R-267, Page 4 lot, for every 40 linear feet of street frontage. Trees may be grouped with a maximum distance of 1110 feet between trees or groupings, in accordance with the Mixed Use Development Plan (Ordinance 191). B. All parking spaces located in the middle of the lot shall be equipped with wheel guards or curb blocks to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles. 3. 'I`tae mobile home used as an accessory office and storage tkility shall not be utilized on any basis as a dwelling or as overnight or temporary housing for any persons. 4 All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted. at this site. 6 Waste materials shall he handled, stored/ and disposed in a manner that controls fugitive dust. blowing debris, and other potential nuisance conditions. 7 Fugitive dust shall he controlled on this site. Tlir' ,w f4 it?5151T3 norrn it riniltir+ IOirf11 eIvaII 51r11 ,sti•r•;it,•r? ! k1' r•rinifrtrlre' Ili r5ni1 ref' KT) r11 I A l a lit. alatanit114a111 #.14. tall1,J.JLLOLL 115-11.04.-14 4 V .41%01. t I OIL lL4o%V11l4:t4 , 7..LLI %LaL 11i1lll%e1L {11.1115 L'I %I4J 1iLf L.i • j, as measured according to 75-12-102, Colorado Revised Statutes. 9. 'Ile nightclub shall comply u itl) the Colorado Sanitation of Food Establishment regulations (6 OCR 1010-2). :. The { food 1 C 1 1 • . food 1 license. 14J the restaurant aria food truck shall maintain a current food service establishment license. 11. No outside storage is allowed on the site. 12. Storage within a building shall be maintained two feet or more below the ceiling of non- sprinklered areas of buildings. 13. Combustible material shall not be stared in exits or exit closures, boiler rooms, mechanical rooms, or electrical equipment rooms. Site Plan Review co: 0 tram * approved / KcrrI I) Ncbthley, Curre ' ncr May 19, 1997 Hello