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Home My WebLink About20092438.tiff FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF KUM & GO LC, DBA KUM&GO#913,FOR A 3.2 PERCENT BEER RETAIL LICENSE,AND AUTHORIZATION FOR CHAIR TO SIGN - EXPIRES SEPTEMBER 14, 2010 The application of Kum & Go LC, dba Kum & Go #913, 13799 Pacific Circle, Mead, Colorado 80504, for a 3.2 Percent Beer Retail License, came on for hearing on the 14th day of September, 2009, at 9:00 a.m., and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced at said hearing, having considered the testimony,evidence and remonstrances filed with said Board,and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant has sustained the burden of proof as to the desires of the inhabitants. 2. The applicant is of good character and reputation. 3. The applicant has proven the reasonable requirements of the neighborhood. RESOLUTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has considered the application of Kum & Go LC, dba Kum & Go #913, 13799 Pacific Circle, Mead, Colorado 80504, for a 3.2 Percent Beer Retail License, for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, in sealed containers not for consumption at the place where sold, and WHEREAS, said applicant has paid to the County of Weld the sum of $750.00 for the hearing fee, in addition to the other required fees, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to approve said application for a 3.2 Percent Beer Retail License for Kum & Go LC, dba Kum & Go #913. 2009-2438 LC0051 3.2 PERCENT BEER RETAIL LICENSE - KUM & GO #913 PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application, the qualifications of the applicant, and the testimony of those present atthe hearing,does hereby grant License Number#2009-02 to said applicant to sell fermented malt beverages, containing not more than 3.2%of alcohol by weight in sealed containers, not for consumption at the place where sold, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until September 14, 2010, providing that said place where the licensee is authorized sell fermented malt beverages, containing not more than 3.2% of alcohol by weight, in sealed containers not for consumption at the place where sold, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded,adopted by the following vote on the 14th day of September, A.D., 2009. BOARD OF COUNTY COMMISSIONERS ELRCO TY, COLORADO 44444,11.1; � S ATTEST: �sei ^C)` i 1'=m F. - • Chair Weld County Clerk to the Bo%. (74,14,- * j ou• as Rade acher, Pro-Tem BY: .7i ' ' 1 1(1 a n Dept,ty Cle k to the Boar. Se n P. Conway APPROVED AS TO FORM: kti( .� ��_ ar ra Kirk eyer o y Atto ey c_j‹ Davi E. Long Date of signature: 1 401 (I 2009-2438 LC0051 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402(10/29/07) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1881 Pierce Street,Suite 108 Lakewood,Colorado 80214 KUM & GO LC KUM & GO #913 13799 PACIFIC CIR MEAD CO 80542 ALCOHOLIC BEVERAGE LICENSE Liabilty Information Accent Number Candy Clty Indust Type Liability Date LICENSE EXPIRES AT MIDNIGHT 12-40424-0028 03 095 445120 B 091509 SEP 14, 2010 Type Name and Description of License Fee 2125 3.2 PERCENT BEER RETAIL $ 75.00 LICENSE (OFF PREMISES) 2190 COUNTY 85 PERCENT OAP FEE $ 42.50 TOTALFEE(S) $ 117.50 This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12,Articles 46 or 47,CRS 1973,as amended.This license is nontransferable and shall be conspicuously posted in the place above described.This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue,Liquor Enforcement Division, 1375 Sherman Street,Denver,CO 80261. In testimony whereof,I have hereunto set my hand. NiFf �c�/.Vica,+..v SEP 1_ g 2001 Division Director Executive Director �`� i q �yw�` N �s t` 1 ��.f iS�9 �Y � f �2 '/ /q' �1T� /� Akl v "'{ A�+ ��'N'+ 5 � Yk �� ri v $ iL tieax� � ° Sf n f k4l ✓y" ' r+ Y V A Y J 1 VI .tags H1 < - �. , r�g. u.� cr v M- t P 4 n, WP• S»,,‘ F� - ,'. .. t, .74 4 <4'a re etas w � 4. i, ,,,:.may" +a oan rv100 » a ann 1 1n In 1l * i F` -. R 1 » A A Raa»sa O R�nJA N 1. 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O 0 O '4$1.e));4:314� n7ar »s`o.N an ks, ittz ', ,v rS O H gnT.,§.. ,g» n �pgOsr n O n nJn Jr ,. ` gM Jtl . yrg0 n R tl F K" � A » A'',,RRsr9r0telt JOn x0's ;,,A. 1/4,.,�. E 'L r l �''1 (:)(4•4-3(.t tS ' `^a -a� -, �n,,--, r�,,�r iV c�•,4,, ,,, a dy--4.�,y� ,- n. #5 �T?'rTri q r`b<� -.'Y�` a"t egg A1'L h M 8b. O3. T. T::: A,Y ina ,,..,,;-3.J.:‹30/-' tl „`t r^' r ,,° ',W I` r '`y }we ��*P' '-‘4,f ' ' '` i t ,'` r I'i'i-. S.-.' ° '. '��',1f� � " �\�: ti,,?,, rd ,a:cr� W��..:y, ! t�\61,1,1 ^ . OR 8403(03/19/09) COLORADO DEPARTMENT OF REVENUE 21 LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO FERMENTED MALT BEVERAGE (3.2% BEER) LICENSE APPLICATION 0 NEW LICENSE ❑ 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) OO NOT WHITE IN THIS SPACE 1. Applicant is applying as a ❑ Corporation L Partnership(includes Limited Liability and Husband and Wife Partnerships) ❑ Individual ® Limited Liability Company [I Association or Other 2. Applicant(s) If an LLC,name of LLC:if partnership, at least 2 partners'names:if corporation,name of corporation Fein Number Kum & Go LC 42-1465780 2a.Trade Name of Establishment(DBA) State Sales Tax No. Business Telephone Kum & Go #913 12-40424-0028 pending 3. Address of Premises(specify exact location of premises) 13799 Pacific Circle City County State ZIP Code Mead Weld CO 80504 4. Mailing Address (Number and Street) City or Town State ZIP Code 6400 Westown Parkway West Des Moines, IA 50266 CO 50266 5. If the premises currently have a liquor or beer license,you MUST answer the following questions: Present Trade Name of Establishment(DBA) Present State License No. Present Class of License Present Expiration Date L(AB SECTION A NONREFUNDABLE APPLICATION FEES 'JAB SECTION B 3.2%BEER LICENSE FEES 2300 ❑ Application Fee for New License $1,025.00 2121 ❑ Retail 3.2%Beer On-Premises(City) $ 96.25 2302 Application Fee for New License- 2124 ❑ Retail 3.2%Beer On-Premises(County) $117.50 w/Concurrent Review $1,125.00 2122 Retail 3.2%Beer Off-Premises(City) $ 96.25 2310 L, Application Fee for Transfer $ 1,025.00 2125 V Retail 3.2%Beer Off-Premises(County) $117.50 2123 L Retail 3.2%Beer On/Off Premises(City) $ 96.25 2126 ❑ Retail 3.2%Beer On/Off Premises(County) $117.50 2370 du Master File Location Fee $ 25.00 x 1 Total 25.00 _ 2375 L Master File Background $250.00 x Total DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City County -750(999) 2180-100(999) 2190-100(999) Cull Fund Haw Llcanae Cuh Fund Trenaler LIcenae TOTAL 2300-100 2310-100 (999) (999) • LC /CS DR 8403(03/19/09)Page 4 15. If applicant is a corporation, partnership,association or a 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 Date of Birth Position %Owned' Krause Holdings Inc 6400 Westown Parkway West Des Moines IA 50266 na shareholder 100 Kyle Krause 30375 Napa Ranch Rd Waukee IA 50263 CFO 0 ❑' If total ownership percentage disclosed here does not total 100%,applicant must check this box Applicant affirms that no individual,other than those disclosed herein,owns 10%or more of the applicant Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) ❑ Cert.of Auth. (if a foreign corp.) ❑PARTNERSHIP ❑ Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) ❑✓ LIMITED LIABILITY COMPANY 2 Articles of Organization Z Cert.of Authority(if foreign company) EZ Operating Agrmt. ❑ ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(if applicable) Address for Service Corporations Service Company 1560 Broadway Ste 2090 Denver, CO 80202 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. 1 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. Authorized Signature �G Ti( l'V Date J //3/C 7 PORT AND APPROVAL OF LOCAL LICENSING AUTHORITY(CITY/COUNTY) Date application filed with local authority Date of local authority hearing(for new license applicants;cannot be less than 30 days from date of application 12-47-311(1))C.R.S. July 27, 2009 September 14, 2009 THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 8404-I(Individual History Record)has: Yes No ® 0 Been fingerprinted ❑ ® Been subject to background investigation,including NCIC/CCIC check for outstanding warrants ® ❑ That the local authority has conducted,or intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with,and aware of,liquor code provisions affecting their class of license ® ❑ (Check One) ,l. �r ® Date of Inspection or Anticipated Date Sex`�1 , '-l%f�(t ❑ 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,w}ll lI- :- onable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of i2'AVo1�4.�'t 7,C.R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for • Telephone Number ❑ TOWN,CITY Weld County olora ,, /` (970)356-4000 x 4225 ® COUNTY Signature Isu1 4,,,,4,-,;,x " 11 Date f �, _ Lt- r, d of County Commissioners 09/14/09 azure(attest;) O___ Date Ctj ,it y 1 ja.Z (Z t'. ' " .jerk to the Board 09/14/09 DR 6403 (03/19/09)Page 3 Yes No 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? Vi ❑ 7. Has the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers, Yes No stockholders or directors if a corporation)or manager ever(in Colorado or any other state); ❑ No (a) been denied an alcohol beverage license? (b) had an alcohol beverage license suspended or revoked? ❑ Vi (c) had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 7a,b or c,explain in detail on a separate sheet. Yes No 8. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year?If"yes,"explain in detail. ❑ ID 9. Has a liquor or beer license ever been issued to the applicant(including any of the partners, if a partnership;members or manager if a limited liability company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any Yes No current or former financial interest in said business including any loans to or from a licensee. f 4s7 ❑ Yes No 10. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises by virtue of ownership,lease or other arrangement? ❑ Ownership .Lease ❑ Other(Explain in Detail)a. II leased,list name of landlord and tenant,and date of expiration, EXACTLY as they appear on the lease: Landlord T7 ant Expires 7 esh c rx,r- c-4-6,0 ti‘-) ti f i�•�-� 4e 4 L .3 / ' 1 /? Attach a diagram and outline or designate the area to be licensed(including dimensions)which shows the bars, brewery,walls,partitions, entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11".(Doesn't have to be to scale) 11. Who,besides the owners listed in this application(including persons,firms, partnerships,corporations, limited liability companies), will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business. Attach a separate sheet if necessary. Name Date of Birth FEIN or SSN Interest none Attach copies of all notes and security instruments,and any written agreement, or details of any oral agreement, by which any person(including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales,giving of advice or consultation. Dat of Bi h 12. Name of Manager for all on and on/off applicants.�/i • 12 U. i �'� 16�� h c�^�� 13. Does this manager act as the manager of,or have a financial interest in,any other liquor �./ Yes No licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. ❑ (,�( 14. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, Yes No directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial interest in ❑ No 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. \ 2 5 $ 7 % a 2 O \ 0 . \ 5 D 2 7 • / / / \ \ ) § 0 o o o CC k ■ { 0 # f / / ) } , } ca § § \ o O. 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L, • /r ACC{ C ' .._.1. I utun A� "4///s/ J // - o 1 - - - --- i5 �._--�---..r ._.._.._..,.._.. �._.. bI i eq i ,,+yam '1 .l.ar, ta { ' Ili I ceo hccc S i ,1 ; 't ` ;�,' I a L ••o,w(•," Must collect STATE CITY CfME OF REVENUE taxes for: DENVER CO °�'°" Col I1RADD MFAl) USE ACCOUNT NUMBER LIABILITY INFORMATION ISSUE DATE LICENSE VALID E SALES TAX for all references w••nl an n•I 4dur�• matln I my I w DECEMBER31 LICENSE 12-40424-0028 03095 B 100108 MAR 05 08 2009 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION THIS LICENSE IS-NO1 IN A CONSPICUOUS PLACE: 1 -25 EXIT 243 TRANSEERABLE MEAD CO Irirlrll I,1,11, rllrrlrrrllrr r lllrrrlrlr,Ilrrrllrrr lr rlrl KUM & GO LLC KUM&GO # 913 6400 WESTOWN PKWY WEST DES MONIES IA 50266-7709 !z-drv, Executive Director Department of Revenue A DETACH HERE A IMPORTANT NOTICE from the Colorado Department of Revenue Please VERIFY that all information on your new sales license is correct. You can notify the Department of errors by calling (303) 238-SERV (7378), by e-mail at Customer Support on our web site www.taxcolorado.com or by writing to: Colorado Department of Revenue Denver CO 80261-0013 Preprinted forms will be mailed within six weeks.Tax reporting and payment are your responsibility whether or not you re- ceive your returns before the filing deadline. Blank tax forms can be obtained from our Web site www.taxcolorado.com or by calling(303)238-FAST(3278). In order to avoid late penalties and interest, returns must be POSTMARKED on or before the due date. You must notify the Department if you discontinue sales at this location. IMPORTANT INFORMATION ABOUT YOUR LICENSE Colorado law requires that you file the required sales tax returns even when you have no retail sales activity. If you do not file the required sales tax returns,the Department will automatically close your account and this license will no longer be valid. NEW AUTOMATED SERVICES FOR AND ABOUT BUSINESSES The Colorado Department of Revenue Sales Tax Information System provides the following automated services: • Colorado Sales Tax rates-find specific city, county and special district rates. • Verification of Sales Tax License and Exemption Numbers-determine whether a Colorado sales tax license or exemption certificate is valid. • Tax Rates by Account Number-find sales tax rates and locations for specific sales tax accounts. The new system is online at www.taxview.state.co.us or by phone at(303)238-FAST(3278). For general information visit www.taxcolorado.com or call (303)238-SERV(7378). SERVICE CENTER LOCATIONS: DENVER SERVICE CENTER GRAND JUNCTION SERVICE CENTER 1375 Sherman Street 222 S. Sixth Street,Room 208 Denver CO 80261 Grand Junction CO 81501 COLORADO SPRINGS REGIONAL SERVICE CENTER PUEBLO SERVICE CENTER 4420 Austin Bluffs Parkway 310 E.Abriendo Avenue,Suite A4 Colorado Springs CO 80918 Pueblo CO 81004 FORT COLLINS REGIONAL SERVICE CENTER 1121 W.Prospect Rd.,Building D Fort Collins CO 80526 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R4460506 Parcel#: 120726202001 .�R Tax Area: 2335 . wry Bordering County: Acres: 1.4624 Township Range Section Ouart.Sec. Subdivison Name Block# Lot# 03 - 68 - 26 - 2 LYONS 66 PACIFIC COMMERCE PARK - - 1 Owners Name &Address: Property Address:. ASHWORTH AT 60TH LC Street: WELD 6400 WESTOWN PKWY City: WELD WEST DES MOINES, IA 50266 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 3/14/2007 $615,000 WD 3462089 Legal Description L6PCP LOT 1 LYONS 66 PACIFIC COMMERCE PARK Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Agricultural 4117 Acres 1.4624 Land Subtotal: 1.4624 $591 $170 No Buildings on Parcel http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12072620... 8/4/2009 LEASE AGREEMENT THIS LEASE is made and entered into on or as of the 1st day of March 14, 2007, by and between ASHWORTH AT 60th, L.C., an Iowa limited liability company, (hereinafter the "Landlord"),and KUM&GO,L.C.,an Iowa limited liability company(hereinafter the"Tenant"); WITNESSETH: WHEREAS, Tenant desires to Lease the premises described below from Landlord; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration, Landlord and Tenant agree as follows: ARTICLE I INCORPORATION OF RECITALS AND DEFINITIONS Section 1.01 Incorporation of Recitals. The Recitals set forth above are incorporated by this reference. Section 1.02 Definitions. All capitalized terms used and not otherwise defined in this Lease shall have the following meanings unless a different meaning clearly appears from the context: "Base Rent" means the rental obligation under this Lease as described in Section 3.01. "Effective Date"means the commencement date of the term of this Lease,which is March 14, 2007. "Event(s) of Default" shall have the meaning ascribed to it in Article XIII. "Extended Term" shall have the meaning ascribed to it in Section 2.04. "Initial Term" shall have the meaning ascribed to it in Section 2.03. "Landlord" means Ashworth at 60th, L.C. "Lease" means this Lease Agreement, as the same may be from time-to-time modified, amended or supplemented. "Personalty" shall have the meaning ascribed to it in Section 2.02. "Premises" means the real estate legally described as set forth in Section 2.01. "Right of First Refusal" shall have the meaning ascribed to it in Section 4.01. "Store" is synonymous with the term Premises. "Tenant"means Kum& Go, L.C., an Iowa limited liability company. "USTs" means underground storage tanks. ARTICLE II LEASED PREMISES AND TERM Section 2.01 Leased Premises. Landlord hereby demises and leases to Tenant,and Tenant does hereby lease and take from Landlord, the"Premises" locally described as Kum & Go# 913, 13799 Pacific Circle, Mead, Colorado 80504, and legally described as follows,to-wit: Lot 1, Lyons 66 Pacific Commerce Park, Weld County, Colorado; together with all buildings, structures, and improvements located thereon and all rights,easements and appurtenances thereto belonging. Landlord owns the Service Center next to the Convenience Store. Section 2.02 Personalty. It is acknowledged by Landlord and Tenant that the property being leased includes all property used or intended for use in connection with the operation of the Store,including but not limited to:(i)all furniture,fixtures and equipment,including all appliances, food service equipment, coolers,refrigeration equipment and compressors; (ii)all shelving,racks, counters and signage;(iii)all tanks,lines,pumps and systems relating thereto;(iv)all canopies; and (v) all supplies and materials held for use or consumption (the "Personalty"). Section 2.03 Term. The initial term of this Lease shall commence as of its Effective Date and shall terminate at midnight on March 13, 2017 (the "Initial Term"). Section 2.04 Renewal Option. Landlord hereby grants to Tenant the option to extend the term of this Lease for two (2) additional five (5) year periods (hereinafter said options are individually and collectively referred to as the"Extended Term")commencing when the prior term expires upon each of the following terms and conditions: A. Tenant gives Landlord written notice of the exercise of the option(s) not less than ninety(90)days prior to the expiration of the Initial Term, or an Extended Term, as the case may be; B. Tenant, at the exercise of said option, is not in material default under this Lease beyond any applicable grace periods; C. All of the terms and conditions of this Lease shall apply to the Extended Term;and D. Tenant shall pay the applicable Base Rent for the Extended Term. -2- Section 2.05 Permitted Use. The Premises may be used for any legal purpose or purposes, including, but not limited to, a convenience store that sells liquor, gasoline, diesel fuel, and other petroleum products. ARTICLE III BASE RENT Section 3.01 Base Rent. During the Initial Term and any Extended Term,Tenant shall pay to Landlord the following as monthly"Base Rent,"to-wit: Initial Term Years Monthly Base Rent 1-10 $5,000.00 First Extended Term Years Monthly Base Rent 1 I-15 $5,250.00 Second Extended Term Years Monthly Base Rent 16-20 $5,512.50 ARTICLE IV RIGHT OF FIRST REFUSAL Section 4.01 Right of First Refusal. Landlord hereby grants to Tenant a right of first refusal with respect to the acquisition of the Premises (the "Right of First Refusal"). Upon Landlord's receipt of any such offer (or upon Landlord's desire to dispose of the Premises at a stated price), Landlord shall deliver to Tenant a written offer of sale for the Premises designating (i)the exact portion of or interest in the Premises to be sold; (ii)the name and address of the intended transferee if any; (iii) the total price to be paid for the Premises; and (iv) the manner, mode, and terms of purchase. Upon receipt of said offer, the Tenant shall within twenty (20) days notify Landlord in writing whether it desires to acquire the Premises in accordance with the terms set forth in the notice. If Tenant declines said offer or fails to timely exercise its rights with respect to said offer, then Tenant shall be deemed to have completely rejected said offer and the Premises may be sold by Landlord to any third party on the same terms for a total price equal to or greater than, but in no event less than,the total price set forth in the initial notice to Tenant at any time within a period of six (6) months after the expiration of the aforementioned twenty (20) day option period. It is acknowledged by Landlord,however,that any such sale or transfer by Landlord of its interest in the Premises shall be subject to this Lease, unless Tenant is the purchaser. Notwithstanding the —3— foregoing, the terms and provisions of this Section shall not apply to any transfer by Landlord to another entity owned or controlled by the principals of Landlord or Landlord's immediate family members, or transfers between the partners. ARTICLE V ADDITIONAL RENT: TAXES, UTILITIES AND INSURANCE Section 5.01 Real Estate Taxes. Tenant shall be responsible for and pay all real estate or personal property taxes levied or assessed against the Premises which would become delinquent if not paid during the term of this Lease; provided, however, that the foregoing shall not preclude Tenant from seeking administrative or judicial review of or relief from the amount,applicability,or constitutionality of any tax or tax statute relating to the taxation of the Premises. Section 5.02 Special Assessments. Tenant shall be responsible for and pay any special assessments levied or assessed against the Premises which would become delinquent if not paid during the term of this Lease; provided, however, that Tenant shall not be precluded from seeking administrative or judicial review of the amount, applicability or constitutionality of any special assessment relating to the Premises. Section 5.03 Utilities. Tenant,during the term of this Lease,shall pay,before delinquency, all charges for use of telephone,water,sewer,gas,heat,electricity,power,air conditioning,garbage disposal, and all other utilities and services of whatever kind and nature which may be used in or upon the Premises. Section 5.04 Insurance. Tenant shall procure, pay for, and maintain the insurance coverages described in this Lease. ARTICLE VI REPAIRS, IMPROVEMENTS AND FIXTURES Section 6.01 Repairs and Improvements. Except as otherwise provided in this Lease, Landlord shall not be required to make any repairs,replacements, or improvements of any kind on or to the Premises. Tenant,at its cost,may(but without any obligation to do so)make such repairs, alterations and improvements to the Premises as Tenant may deem desirable for its use thereof provided that in each instance the market value thereof is not diminished, including,but not limited to, doing any one or more of the following: A. Altering or remodeling any building or improvements on the Premises; B. Constructing an addition or additions thereto; and C. Razing any building or improvement situated on the Premises and erecting in place thereof a new building or improvement. -4- Tenant agrees that it will not permit any mechanic's,materialmen's or other liens to stand against the Premises for work or materials furnished to Tenant in connection with any such alterations, remodeling,additions or new construction;provided,however,that Tenant may contest the validity of such lien or claim, but upon final determination, Tenant shall immediately pay any judgment or decree rendered against Tenant,with all proper costs and charges and shall cause any such lien to be released of record without cost to Landlord. Section 6.02 Installation and Removal of Fixtures,Paintings and Signs. Tenant may place or install on, in or about the Premises such fixtures and equipment as it shall deem desirable for the conduct of business. Tenant may paint the building improvements such colors as it may elect. Tenant shall have the exclusive right to paint and erect signs in and over the Premises. Personal property, fixtures and equipment used in the conduct of Tenant's business (as distinguished from fixtures and equipment used in connection with the operation and maintenance of the building improvements)placed on the Premises by Tenant or any predecessor of Tenant shall not become part of the realty even if nailed down or screwed or otherwise fastened to the Premises,and Tenant may remove any of said items at any time. Any damage caused by the removal of such property shall be repaired by Tenant at its expense. Section 6.03 Condition. Upon the expiration of the lease term or such earlier termination of this Lease, Tenant shall leave the Premises in good condition, ordinary wear and tear excepted. Tenant shall not be required to restore the Premises to the condition it was in at the commencement of the Lease and Landlord agrees to accept the Premises"AS IS"with such alterations,remodeling, additions, or new construction (if any) as may have been made by Tenant in accordance with the authorization contained in this Article. Tenant shall not be required to repair or replace any items of Personalty. ARTICLE VII INSURANCE Section 7.01 Property Insurance. From and after the Effective Date, Tenant agrees to procure and maintain with respect to the Premises standard property insurance covering losses included in the Insurance Services Broad Form Causes of Losses in an amount equal to one hundred percent (100%) of the insurable replacement value thereof(exclusive of the cost of excavations, footings below ground and foundations)and shall cause the Landlord to be named as an additional insured,with any such proceeds payable as respective interests may appear. Section 7.02 Liability Insurance. From and after the Effective Date,Tenant shall cause to be procured comprehensive general liability insurance with respect to the Premises in an amount not less than $2,000,000 per occurrence naming the Landlord as an additional insured. Section 7.03 Blanket Insurance. Tenant shall have the right to insure and maintain the insurance coverages required by this Lease under blanket insurance coverages covering other Premises so long as such blanket insurance policies specify a stated value for the Premises,comply with the amounts of insurance and the requirements provided hereunder. -5- Section 7.04 Policy Terms. All policies of insurance procured by Tenant shall contain endorsements providing as follows: A. Such insurance may not be materially changed,amended or canceled with respect to Landlord except after twenty(20)days prior written notice from the insurance company to Landlord, sent by certified mail. B. Tenant shall be solely responsible for the payment of all premiums under said policies and that Landlord or other parties required to be designated as named insureds or loss payees shall have no obligation for the payment thereof notwith- standing that such parties are named in said policies. C. Duly executed Certificates of Insurance, together with reasonably satisfactory evidence of payment of the premium thereof, shall be delivered to the Landlord with all renewals of such policies. Section 7.05 Waiver of Subrogation.Notwithstanding anything contained in this Lease to the contrary, each of Landlord and Tenant hereby waives all rights of recovery, claims,actions, or causes of action against the other for any loss or damage that may occur to the Premises, any improvements thereto,any personal property of Landlord or Tenant or any personal injury arising for any cause that(i) would be insured against under the terms of any insurance required to be carried hereunder;or(ii) is insured against under the terms of any insurance actually carried,regardless of whether it is required hereunder. The foregoing waiver shall apply regardless of the cause or origin of the claim, including but not limited to the negligence of a party or its agents,officers,employees or contractors. The foregoing waiver shall not apply to the extent that it invalidates any insurance coverage of Landlord or Tenant. Each party shall obtain any special endorsements required by its insurer to evidence compliance with this waiver. ARTICLE VIII BASIC INDEMNIFICATION AND ENVIRONMENTAL INDEMNIFICATION Section 8.01 Definitions. As used in this Lease, the following terms shall have the following meanings: "Damages" means any loss, cost, liability,claim, damage, fine,penalty,judgment,award, settlement, expense (including the cost of investigation and defense and reasonable attorneys' fees and expenses), whether or not involving a third party claim. "Environmental Law" means any Legal Requirement that requires or relates to(i)cleaning up pollutants or hazardous substances that have been released, preventing the threat of release or paying the costs of such cleanup, containment, remediation or prevention; (ii) making responsible parties pay private parties for bodily injury (including, but not limited to illness, disability, and death), personal injury, property damage (including trespass, nuisance, wrongful eviction, deprivation of use of real property or diminution in value thereof) resulting from the release of -6- pollutants or hazardous substances or materials; (iii)making responsible parties pay private parties, or groups of them,for damages done to their health or the environment or permitting self-appointed representatives of the public interest to recover for injuries done to public assets resulting from the release of pollutants or hazardous substances or materials; (iv) advising appropriate authorities, employees or the public of intended or actual releases of pollutants or hazardous substances or materials, violations of discharge limits of other prohibitions and the commencement of activities, such as resource extraction or construction; (v) preventing or reducing to acceptable levels the release of pollutants or hazardous substances or materials into the environment, (vi) reducing the quantities, preventing the release or minimizing the hazardous characteristics of wastes that are generated;(vii)protecting resources,and(viii)reducing to acceptable levels the risks inherent in the transportations of hazardous substances, pollutants, petroleum, oil or other potentially harmful substances. Without limiting the generality of the foregoing,the term"Environmental Law" shall include the: Comprehensive Environmental Response, Compensation and Liability Act,42 U.S.C. Section 9601, et seq.; Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; Federal Water Pollution Control Act, 33 U.S.C. Section 1251, et seq.; Clean Air Act, 42 U.S.C. Section 7401,et seq.;Toxic Substances Control Act, 15 U.S.C.Section 2601,et seq.;Safe Drinking Water Act,42 U.S.C. Section 300;the Federal Insecticide,Fungicide and Rodenticide Act,7 U.S.C. Section 136, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. 1801, et seq. "Environmental Liability(ies)" means any Damages, obligations or other responsibilities arising under any Environmental Law. "Landlord Indemnified Persons" means Landlord and its directors, officers, agents, employees, insurers, shareholders, managers, members and affiliates. "Legal Requirement" means any federal,state, local,or municipal constitution,law,statute, ordinance, principle of common law, code, or regulation. "Tenant Indemnified Persons" means Tenant and its directors, officers, agents,employees, insurers, shareholders, managers, members and affiliates. Section 8.02 Basic Indemnification: Landlord to Tenant. Except for Environmental Liabilities (which are covered below), Landlord shall protect, indemnify and hold harmless the Tenant Indemnified Persons from and against:(i)any and all Damages and obligations of every kind and description,contingent or otherwise,arising from or related to the operation of the Store prior to the Closing Date;and(ii)any and all Damages resulting from any misrepresentations,breach of any representation, warranty or covenant, or nonfulfillment of any agreement on the part of Landlord under this Lease, or from any misrepresentation of or omission from any certificate or other instrument furnished by Landlord to Tenant pursuant to this Lease, or in connection with any transactions contemplated hereby. Section 8.03 Basic Indemnification: Tenant to Landlord. Except for Environmental Liabilities(which are covered below),and except as otherwise provided in this Lease,Tenant shall protect,indemnify and hold harmless the Landlord Indemnified Persons from and against:(i)any and all Damages and obligations of every kind and description,contingent or otherwise,arising from or related to the operation and management of the Store on,or subsequent to,the Closing Date through -7- the term of this Lease;and(ii)any and all Damages resulting from any misrepresentation,breach of representation,warranty or covenant,or nonfulfillment of any agreement on the part of Tenant under this Lease, or from any misrepresentation of or omission from any certificate or other instrument furnished by Tenant to Landlord pursuant to this Lease,or in connection with any of the transactions contemplated hereby. Section 8.04 Environmental Matters: Indemnification by Landlord. With respect to Environmental Liabilities, Landlord shall protect, indemnify and hold harmless the Tenant Indemnified Persons,and shall reimburse the Tenant Indemnified Persons,for any Damages arising from or in connection with any Environmental Liabilities based upon conditions existing at the Store at any time prior to the Closing Date. Section 8.05 Environmental Matters: Indemnification by Tenant. With respect to Environmental Liabilities, Tenant shall protect, indemnify and hold harmless the Landlord Indemnified Persons, and shall reimburse the Landlord Indemnified Persons, for any Damages arising from or in connection with any Environmental Liabilities based upon conditions first existing at the Store resulting from a new occurrence on, or subsequent to, the Closing Date. Section 8.06 Rent Abatement. If remediation is required at the Store due to an Environmental Liability based upon conditions existing at the Store at any time prior to the Closing Date,then, in such event,Base Rent,and other additional rent,shall be proportionately abated while remediation occurs based on the extent of interference with Tenant's use of the Premises. In the event, however, that said remediation materially interferes with Tenant's use of the Premises and said material interference continues(or is expected to continue)more than ninety(90)days,Tenant may, by written notice to Landlord, terminate this Lease. ARTICLE IX ASSIGNMENT AND SUBLETTING Section 9.01 Assignment and Subletting. Tenant may assign this Lease or sublet the whole or any part of the Premises without the written consent of the Landlord;provided,however,that any such assignment or sublease shall not release Tenant from the obligations of the Tenant under this Lease unless and then only to the extent the Landlord so consents in writing. -8- ARTICLE X CASUALTY AND CONDEMNATION Section 10.01 Destruction. If the Premises shall be damaged or destroyed by fire or other casualty required to be insured under insurance policies,then,upon receipt of the insurance proceeds, Tenant shall promptly repair or restore the Premises to substantially the condition thereof immediately prior to such damage or destruction. In the event of such a loss,this Lease shall remain in full force,but for each day that the Tenant is not able to operate its business on the Premises,a day shall be added to the end of the term wherein no Base Rent shall be due from Tenant to Landlord. Notwithstanding the foregoing,if any such damage is not reasonably repairable within one-hundred twenty(120)days,Tenant may elect to assign or pay over to Landlord all insurance proceeds payable as a result of said loss and terminate this Lease. Section 10.02 Condemnation. Should the whole or any part of the Premises be condemned or taken by a competent authority for any public or quasi-public use or purpose,each party shall be entitled to retain,as its own property,any award payable to it;provided,however,that in the event a single award is made on account of the condemnation,each party will then be entitled to take such portion of said award as may be fair and reasonable. In the event that any such taking materially interferes with the normal operation of Tenant's business, Tenant shall have the right to terminate this Lease at its option. ARTICLE XI SUBORDINATION AND ATTORNMENT Section 11.01 Attomment. In the event of the sale or assignment of Landlord's interest in the Premises or in the event of exercise of the power of sale under any mortgage made by Landlord covering the Premises,Tenant shall attom to the purchaser and recognize such purchaser as Landlord under this Lease, provided said purchaser agrees to perform and be responsible for all of the obligations imposed upon Landlord in this Lease. Section 11.02 Subordination. This Lease and Tenant's interest hereunder shall be subject and subordinate at all times to any mortgage or other security instrument, including all renewals, extensions, consolidations, assignments and refinances of the same, as well as all advances made upon the security thereof, which now or hereafter become liens upon the Landlord's fee and/or leasehold interest in the Premises; provided, however, that in each such case, the holder of said mortgage or other security instrument shall agree that this Lease shall not be divested or in any way affected by foreclosure or other default proceedings under said mortgage or other security instrument, so long as Tenant shall not be in default under the terms of this Lease. —9— ARTICLE XII LANDLORD'S COVENANTS, PEACEFUL ENJOYMENT AND WAIVER Section 12.01 Landlord's Covenants. Landlord covenants that it has good and marketable title to the Premises in fee simple absolute and that the Premises is not subject to any leases, tenancies, agreements, encumbrances, liens, restrictions, or defects in title adversely affecting the Premises or the rights granted Tenant in this Lease. There are no restrictive covenants, zoning or other ordinances or regulations applicable to the Premises which would prevent Tenant from conducting its usual business. Landlord covenants that Tenant shall at all times have ingress and egress to and from the Premises to a public street or highway. Section 12.02 Peaceful Enjoyment. Landlord covenants that upon Tenant paying the rent herein reserved and performing all agreements to be performed as provided in this Lease, Tenant shall peaceably have,hold and enjoy the Premises for the term of this Lease free from interference, eviction, or disturbance by the Landlord or any other persons or legal entity whatsoever. Section 12.03 Landlord Lien Waiver. Landlord hereby waives any right it may have to a statutory or contractual landlord's lien against Tenant's property and disclaims any right to a security interest under the Uniform Commercial Code in Tenant's property. ARTICLE XIII EVENTS OF DEFAULT AND REMEDIES Section 13.01 Events of Default by Tenant. From the Effective Date of this Lease through and including its termination,the following shall constitute "Events of Default"by Tenant,to-wit: A. Failure by Tenant to make any payment of Base Rent or any other monetary payment required to be made by Tenant hereunder, whether to Landlord or to a third party, as and when due. B. Failure by Tenant to provide Landlord with reasonable evidence of insurance required under this Lease. C. Any other material breach by Tenant of the terms, covenants, conditions, or provisions of this Lease. Section 13.02 Landlord's Remedies on Default. Whenever any Event of Default by Tenant occurs and is continuing,Landlord,as specified below,may take any one or more of the following actions after the giving of thirty(30)days'written notice by Landlord to Tenant,but only if the Event of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured within thirty(30)days and Tenant does not provide assurances reasonably satisfactory to Landlord that the Event of Default will be cured as soon as reasonably possible: —10- A. Landlord may (but without any obligation to do so) cure such default and such expense shall be paid by Tenant to Landlord within ten (10) days after a statement therefor is rendered. B. Landlord shall have the right to (i) terminate this Lease upon the expiration of fifteen (15)days after written notice of such intent is given to Tenant, in which event the terms hereof shall expire and terminate with the same force and effect as though the date set forth in said notice were the dates originally set forth herein and fixed for the expiration of the term,(ii)re-enter the Premises either by force or otherwise and dispossess Tenant and/or other occupants of the Premises, Tenant agreeing that no such re-entry or taking possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate this Lease, such right, however, being continuously reserved by Landlord or (iii) perform any obligation of Tenant under this Lease and charge the costs of such performance to Tenant and Tenant shall pay such costs to Landlord within ten (10) days after receipt of an invoice therefor. C. In the event Landlord elects to re-enter the Premises whether or not the Lease is terminated, Landlord may, but shall not be obligated to, make such alterations and repairs as may be necessary in order to relet the Premises, and relet said Premises or any part thereof for such term or terms (which may extend beyond the term of this Lease) and at such rental and upon such other terms and conditions as Landlord in its discretion may deem advisable. Upon each such reletting all rentals and other sums received by Landlord from such reletting shall be applied, first, to the payment of any indebtedness other than Base Rent due hereunder from Tenant to Landlord; second, to the payment of any costs and expenses of such reletting, including reasonable brokerage fees and attorneys' fees and of costs of such alterations and repairs; third, to the payment of Base Rent and other charges due and unpaid hereunder;and the residue,if any,shall be held by Landlord and applied in payment of future Base Rent and other charges as the same may become due and payable hereunder. D. Should Landlord at any time terminate this Lease for any Event of Default, in addition to any other remedies it may have, it may recover from Tenant all damages it may incur by reason of such default,including the costs of recovering the Premises, reasonable attorneys' fees, and including the worth at the time of such termination of the excess,if any,of the amount of Base Rent reserved in this Lease for the remainder of the stated term over the then reasonable rental value of the Premises for the remainder of the stated term discounted to present value at the rate of five percent (5%) per annum, all of which amounts shall be immediately due and payable from Tenant to Landlord. E. Landlord acknowledges that it has a duty to mitigate its damages. -11- Section 13.03 Events of Default by Landlord. From the Effective Date of this Lease through and including the expiration of its term,the following shall constitute "Events of Default" by the Landlord,to-wit: A. A breach of its covenant of peaceful enjoyment set forth in this Lease. B. Failure by Landlord to substantially observe or perform any covenant,condition, obligation or agreement on its part to be observed or performed under this Lease. Section 13.04 Tenant's Remedies on Default. Whenever any Event of Default by Landlord occurs and is continuing, Tenant, as described below, may take any one or more of the following actions after the giving of thirty(30)days'written notice by Tenant to Landlord,but only if the Event of Default has not been cured within said thirty(30)days or if the Event of Default cannot be cured within thirty (30) days and the Landlord does not provide assurances reasonably satisfactory to Tenant that the Event of Default will be cured as soon as reasonably possible: A. Tenant may (but without any obligation to do so) cure such default and such expense shall be paid by Landlord to Tenant within ten (10) days after a statement therefor is rendered. B. Tenant may terminate this Lease. C. Tenant may utilize any and all other remedies or actions at law or in equity available to it. ARTICLE XIV MISCELLANEOUS Section 14.01 Holding Over. If Tenant holds over or remains in possession of the Premises after the expiration of the lease term,such holding over or continued possession shall,if rent is paid by Tenant and accepted by Landlord, be considered a month-to-month tenancy which may at any time be terminated by either party by giving the other party thirty(30)days' advance written notice. Section 14.02 Notices. Any notice,demand or other communication required or permitted by this instrument shall be given in writing and shall be deemed to have been given and received in all respects when personally delivered, when sent via prepaid overnight courier, when sent by facsimile transmission with confirmation of completion of the transmission, or three(3)days after deposited in the United States mail,certified mail,postage prepaid,return receipt requested, in each case addressed to the respective parties at their addresses (or facsimile numbers) set forth below; provided, however,that notice of change in address shall be effective only upon receipt of written notice thereof: -12- IF TO LANDLORD: Ashworth at 60th, L.C. 6400 Westown Parkway West Des Moines, IA 50266 TEL: (515)457-6269 FAX: (515) 457-6179 IF TO TENANT: Kyle J. Krause, Manager Kum& Go, L.C. 6400 Westown Parkway West Des Moines, IA 50266 TEL: (515)457-6219 FAX: (515) 457-6179 With copy to: James J. Brandt, General Counsel Kum & Go, L.C. 6400 Westown Parkway West Des Moines, IA 50266 TEL: (515)457-6269 FAX: (515) 457-6179 Section 14.03 Memorandum of Lease. The parties agree to execute and record a Memorandum of Lease to serve as notice to the public of the existence of the provisions of this Lease,and the rights and interest held by Landlord and Tenant by virtue thereof. Tenant shall pay all costs of recording. Section 14.04 Counterparts. This Lease may be executed in any number of counterparts, each of which shall constitute one and the same instrument. Section 14.05 Titles and Captions. All captions and headings contained in this Lease are for convenience only and shall not be used in the interpretation or construction of this Lease. Section 14.06 Entire Agreement. This Lease, including all exhibits and schedules(if any) attached hereto,constitutes the entire agreement between the parties and supersedes any and all prior agreements between them relating to the subject matter hereof, and may not be amended except in writing signed by the party to be bound. Section 14.07 Governing Law. This Lease shall be governed and construed in accordance with the laws and public policies of the State of Iowa. Section 14.08 Binding. This Lease shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. —13— IN WITNESS WHEREOF,the parties hereto have caused this Lease to be executed all on or as of the day and year first above written. ASHWORTH AT 60TH, L.C., an Iowa limited KUM & GO, L.C., an Iowa limited liability liability company company By , f 7a„-c—_5-- BY Its: t_AMA cg Its: PAp ,1- -14— HUM 1111111111 IMO 111111111111111��111111111�� 089 3462089 03/1512007 11:37A Weld County,CO 1 of 1 R 6.00 D 61.50 Steve Moreno Clerk 8 Recorder • /WHEN RECORDED RETURN TO: V Ashworth at 60th, L.C., a Iowa limited liability company 6400 Westown Pkwy. SDF$61.50 West Des Moines, IA 50266 WARRANTY DEED THIS DEED,dated March 14, 2007,between Lyons 66 Pacific,LLC,a Colorado limited liability company of the County of Weld and State of Colorado,grantor(s),and /Ashworth at 60th,L.C.,a Iowa limited liability company, whose legal address is 6400 Westown Pkwy., West Des Moines, IA 50266, of the County of 17 4lkL.S and State of Iowa, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Six Hundred Fifteen Thousand and 00/100 Dollars ($615,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property,together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: Lot 1, Lyons 66 Pacific Commerce Park, County of Weld, State of Colorado also known by street and number as: Vacant Land,CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises,with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure,perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens,taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2007 and subsequent years,and except easements,covenants, conditions,restrictions,reservations,and rights of way of record,if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular,and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. Lyons 66.Ppcific, LLC,a Cofbrado limited liability company B,y=John H. Davis ts: Manager STATE OF COLORADO )S5 COUNTY OF Larimer ) ! f qv�� The foregoing instrument was acknowledged before me on//7//14/ ,090"by John H. Davis as Manager of Lyons 66 Pacific, LLC,a Colorado limited liability company. Witness my hand and official seal. 2/222///Ked(b1/./..-7- My Commission Expires: ;Notary Public tpRX e�PO % gr' ,1 .rF NANCY t f TNFClOSS ( WALLER 1 fltq\FOF CO�'QpQ: %- File No.:TNFC0001055 WD Indv to Indv-DOC 3/13/07 9:20 AM 111111 IIIII IIIII 11111111111111111111111111111 IIII IIII 0613 3462088 0311512007 11:37A Weld County,CO 1 of 1 R 6.00 D 0.00 Steve Moreno Clerk d Recorder JWHEN RECORDED RETURN TO: Ashworth at 60th,L.C.,a Iowa limited liability company 6400 Westown Pkwy. West Des Moines,IA 50266 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named Ashworth at 60th,LC.,a Iowa limited liability company. 2. The type of entity Is a Corporation Non-Profit Corporation General Partnership Umited Partnership Umited Partnership Assodation Registered Limited Liability Partnership Registered United Liability Limited Partnership Unincorporated Non-Profit Association Government,Governmental Subdivision or Agency Limited Liability Company Trust Business Trust Other 3. The entity Is formed under the laws of X0"4 4. The mailing address for the entity Is 6400 Westown Pkwy.,West Des Moines,IA 50266 5. The name and position of each person authorized to execute Instruments conveying,encumbering,or otherwise affecting title to real property on behalf of the entity Is Kyle Krause as Manager 5. (optimal)The authority of the foregoing person(s)to bind the enUtyZI Is not limited❑is limited as follows: 7. (opNona0 Other matters concerning the manner in which the entity deals with interests In real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section 38-30-172,C.R.S. Executed this 1341' day of N1Prcfn ,2007. Ashworth at 60th.L.C.,a Iowa limited liability company By:Kyfe Krause It's:Manager STATE OF Sayer )55 couNty OF Call The foregoing instrument was acknowledged before me on M4xa1 13,400.7 by Kyle Krause as Manager of Ashworth at 60th,L.C.,a Iowa limited liability company Witness my hand and official seal. 1. My on, isslon Expires: Notary Pu is 7w CHARLES W.CAMPSEU F Commkaplon Numberexataa 13 March 19.2007 Pile No.:TNFC0003Oe$ 3/13/OJ 13:05 PH Statement of AULMrtv-000 STATE OF COLORADO COLORADO DEPARTMENT OF REVENUE Liquor/Tobacco Enforcement Division to Ire Business Location 1881 Pierce Street,Suite 108A• Lakewood,Colorado 80214 r Phone 303.205.2300 - . FAX 303.205.2341 Bill Owens E-mail:LED@spike.dor.state.co.us Governor Website:www.revenue.state.co.usAiquorenforcement M.Michael Cooke Executive Director Matt D.Cook October 20, 2006 Division Director Kum & Go LLC Kum & Go 6400 Westown Parkway West Des Moines IA 50266 Re: Kum & Go LLC d/b/a Kum & Go Dear Sir or Madam: This is to advise you that the State Liquor Enforcement Division has, at your request, created a "master file" for the above-listed applicant. As of the date of this letter our master file includes the following items which you have submitted: 1. Individual History Records (Form DR-8404) for the following persons: Kyle J. Krause 2. Fingerprint cards bearing the names and birthdates of the person(s) listed in paragraph 1 have been submitted by us to the Colorado Bureau of Investigation. The FBI and CBI have checked the prints and reportedly found no record of any criminal history. 3. Certificate of Authority or a Certificate of Good Corporate standing from the Colorado Secretary of State which indicates that Kum & Go is a corporation authorized to do business in Colorado. DR 8481 (12/14/04) Kum & Go LLC D/B/A Kum & Go Page 2 You must check with the local licensing authority to determine what documents they may require to process your application. Please feel free to provide them with this letter, as many local authorities will not require you again to submit fingerprint cards to them if you have already submitted such documents to the State Liquor Enforcement Division. This letter will serve to inform the local authorities exactly which documents you have already submitted to the State Enforcement Division. Finally, once the local authority has approved your application, it must be sent to the Liquor Enforcement Division. The local authority need not send change of corporate structure information previously reported to the Liquor Enforcement Division, as listed in and approved by this letter. The only documents which are needed for a new or transfer of ownership application by the Division are: ❑ 1. The approved application signed by the local authority; Cl 2. The appropriate fees; U 3. A copy of this letter; ❑ 4. Proof of possession of the premises; Cl 5. A diagram of the licensed premises; ❑ 6. Completed form DR 8442, if manager's registration is required. Sincerely, /Cla-7-th‘c F Laura Harris Director of Licensing Kum&Go2.mas.ka DR 8404-I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership,and limited partners owning 10% (or more)of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more)of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10%(or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of Business Kum&Go#913 2.Your Full Name(last,first,middle) 3.List any other names you have used. Krause, Kyle Joseph 4.Mailing address(if different from residence) Home Telephone 6400 Westown Parkway West Des Moines IA 50266 (515)987-1313 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 30375 Napa Ranch Rd Waukee, IA 50263 10/05 present Previous 5575 Little Leaf Trail West Des Moines IA 50266 10/93 10/05 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 Kum &Go LC 6400 Westown Parkway see attaches 1976 present 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 na 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. Z Yes U No Kum&Go LC&Chieftain_Corp curently own 32 locations in CO with three under construction all of the operating locations have 3.2 beer permits list attached 9.Have you ever received a violation notice suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail. O Yes ©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.) f`1Yes No 12.Have you ever had any STATE issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) ❑Yes ®No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S.,information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a.Date of Birth b.Social Security Number SSN c.Place of Birth d.U.S.Citizen? Iowa Falls, IA i Yes ❑No e.If Naturalized,State where f.When g.Name of District Court h.Naturalization Certificate Number I i.Date of Certification j.If an Alien,Give Alien's Registration Card Number i k.Permanent Residence Card Number I.Height i m.Weight n.Hair Color Eye Color; p.Sex q.Race r.Do you have a current Driver's License?If so,give number and state 5'7" I 168 br i br M WT Yes E]No 14.Financial Information. a.Total purchase price$ na (if buying an existing business)or Investment being made by the applying entity,corporation, partnership,limited liability company,other$ 2,500.000 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$ na 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 land All cost of land and construction are paid thru our 615,000. construction of building business checking account at Bank of America 1, 885,000 accounty# d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount na 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. At this time we do not have a local hank all banking transactions.are done thru our main accoutn Kyle Krause is the signor oec,..-114 _ / 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. Authorized Signature � Title Date _moo �//3/Oy Liberty cBank 1Yeedoni -fa bawl( rv✓way. July 16, 2009 Weld County Clerk to the Board 915 10th Street P.O. Box 758 Greeley, Colorado 80632 To whom it may concern: This letter is in regard to Kyle J. Krause, President and CEO of Kum and Go, located in West Des Moines, Iowa, and his desire to obtain an alcohol license in the State of Colorado. I have'personally known Mr. Krause for nearly 24 years. During this time period Kyle has always been an extremely successful executive and highly respected by his employees and community leaders. Kyle has great character, is an outstanding family man and a model citizen. Also, since meeting Mr. Krause, I have had the pleasure to serve on his corporate board of directors for nearly 15 years. I would like to note that Kyle has assembled a very strong board consisting of local and national corporate leaders. Attracting board members of this caliber is only possible because of Kyle's leadership and his company's success. Hopefully, this letter provides you with the needed information. If you desire anything else, please feel free to contact me. Sincerely, (twat 1. Russell G. Olson President and CEO Liberty Bank 6400 Westown Parkway West Des Moines, Iowa 50266 515-457-6332 r 4 y. Cl) 6400 Westown Parkway * West Des Moines, IA 50266 Phone 51 5.457.6090 * Fax 51 5.223.8555 libertybankiowa.com jn FARNEA BOCKEN July 17, 2009 Hwy.30 East Weld County P.O.Box 366 Clerk to the Board Carroll,IA 51401 915 10th Street 712-792-3503 PO Box 758 FAX#712-792-3513 Greeley, Colorado 80632 RE: Kyle Krause Kum &Go Clerk to the Board of Weld County: We have done business with Kyle Krause and the Kum &Go organization for over 20 years. We are the primary non-fuel supplier for their over 400 convenience stores located in 13 states. Mr. Krause and his company have always conducted business with us In a highly satisfactory and professional manner. Kyle is an energetic and caring individual, always keeping the best interest of Kum &Go's customers in mind. They provide topnotch service in the convenience store industry. I would highly recommend Kyle Krause with Kum &Go be given the opportunity to obtain an alcohol license in the State of Colorado. Sincerely, Farner-Bocken Company Joh Norgaard, Chairman Seneca Companies HEADQUARTERS Des Moines,Iowa aid°E.1a!₹r SI Da Mncs.D1. 3J' P0.Bog36J Ut Moines.!A`G:ilj n:oil 515.'1152.OM 1;;7U 3O.5!-,09'.al Frrt' July 14, 2009 Weld County Clerk to the Board 915 10th Street PO Box 758 Greeley, Colorado 80632 To Whom It May Concern; I confirm that I have known Kyle Krause of Kum and Go for 35 years. Seneca Companies and Kum and Go have enjoyed a successful business relationship in many aspects of the convenience store industry. Projects have included ground up construction on new stations, revitalizing old locations, and keeping Kum and Go equipped with the latest in petroleum equipment and technology. Kyle is a conscientious and responsible businessman and strives to bring a useful and competitive business into a community to improve quality of life. His employees are well trained in state laws and procedures concerning alcohol and cigarette sales. I am happy to provide further information if required. $incerelj�; f. , ChrisOisewick 'CEO Branch Locations Irma•.Jackson,Mroitssrpin•Guiana,Illinois•Omaha,Nebraska•RaIdwyn,Mississippi•Grandview.Misrxirt www.senecacompanies.com Pcnoteut'r btt:,intent•?cIto1ett+tl Cc'tt3tru,.,on•Pottufetuit Service•Aa:korrurtive Servirr.Egreyrrnant •Industrial Flutd&Handling:Systems C.'?!Ka:ar Systt:nn, •Eleetrtca!;;,,rrrreraing•&rviranutent.a Servir: •Rewertiatimr tstems•l-lkcste Sofurioru.tivrito!Blasting DR 8404-I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership,and limited partners owning 10% (or more)of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of Business Kum &Go#913 2.Your Full Name(last,first,middle) 3.List any other names you have used. Folden Dennis Norman 4.Mailing address(if different from residence) Home Telephone 6400 Westown parkway West Des Moines IA 50266 (515)223-5301 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 914 Burr Oaks Drive West Des Moines IA 50266 2002 present Previous 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 Kum & Go LC 6400 Westown Parkway see attached 1970 present 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 flor) c ,, 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. 7 Yes No Kurtz&Go LC&Chieftain Corp own 32 operationg store with 3 under construction all of the locations open hold a 3_.2 Beer license List of curent locations attached 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 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 Z No 11.Are you currently under probation(supervised or unsupervised),parole,or completing the requirements of a deferred sentence? (if yes,explain in detail.) 'I Yes 1No 12.Have you ever had any STATE issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) ❑Yes 7No 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? 04/13/1954 483-72-3199 Lake City IA Z Yes ❑No e.If Naturalized,State where f.When g.Name of District Court h.Naturalization Certificate Number I i.Date of Certification J.If an Alien,Give Alien's Registration Card Number I k.Permanent Residence Card Number I.Height I m.Weight In.Hair Color lo.Eye Color; p.Sex I q.Race r.Do you have a current Driver's License?If so,give number and state 6ft 190 ; brn i hazel m I WT 1 1 Yes ❑No 080bb3230, IA 14.Financial Information. a.Total purchase price$ na (if buying an existing business)or investment being made by the applying entity,corporation, partnership,limited liability company,other$ 2,500,000.0 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$ na 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 land All land purchases and construction Cost are paid 615000.00 construction cost of Building thru our business operating account 1885000 Bank of america account#5800184391 d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount na 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. At this time we do not have a bank set up in the area all banking transctions are processed thru our main Checking above 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. Authorized Signat re Title Date �) 7/43/O5' Liberty tr. Bank. July 20,2009 To Whom It May Concern: I have known and worked with Dennis Folden, Chief Operating Officer of Kum & Go L.C., for eight-plus years. He has served on our Bank's Directors Loan Committee for the last eight years. I have found Dennis to be one of the most ethically-sound individuals with whom I have had business dealings. His moral character is unassailable. Sincerely, Bradley D. Boerner Senior Credit Officer Liberty Bank Iowa C 59•2009 li M &40 6400 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-9857 515-226-0128 FAX 515-226-0995 wwvv.kumandgo,com S0th Anniversary July 20, 2009 To Whom It May Concern: I recommend that Dennis Folden, Chief Operating Officer, and Kum &Go, L.C., be considered for an alcohol license in Weld County in the state of Colorado. Mr. Folden has worked for Kum &Go for over 30 years, and I have personally worked with him for 27 of those years. I attest that Mr. Folden is of good moral character. Thank you for your time and consideration. Sincerely, ‘1:4141‘ 9*LI °Ii/ Tim J. Lakers Vice President—Facilities Kum& Go, L.C. July 20, 2009 TO WHOME IT MAY CONCERN: Re: Dennis Folden Dear Sir or Madam: Please be advised that I personally know the applicant, Dennis Folden, and have known him for some time. Mr. Folden is the Chief Operations Officer of Kum &Go L.C. and has been with Kum & Go for over twenty years. Mr. Folden has a very positive reputation in both the business world as well as his personal life. He is known as a leader, communicator, and mentor to many people and has positively affected the business dealings of Kum &Go. Should you require any additional reference materials feel free to contact me personally. Very truly yours, Todd Meiners General Manager Des Moines Menace Soccer Club tcm@menacesoccer.com 515-457-6366 DR 8404-I (01/06105) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership,and limited partners owning 10% (or more)of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of Business Kum &Go#913 2.Your Full Name(last,first,middle) 3.List any other names you have used. Bergstrom, Craig,Alan 4.Mailing address(if different from residence) Home Telephone 6400 Westown parkway West Des Moines IA 50266 (515)278-1765 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 6700 Augustine Court Johnston, IA 50131 06/06 present Previous 1427 Glenwood Ave Glenciew IL 60025 06/05 06/06 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 Kum&Go LC 6400 Westown Parkway CFO 2004 current Chef Solutions Schamburg, IL CFO 2002 2004 InvensysAPV Rosemont IL CFO 1997 2001 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 na 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. 7 Yes No Kum&Go LC&Chieftain Corp awn 32 operationg store with 3 under construction all of the!orations open hold a 3 2 Beer license List of curent locations attached 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. LI Yes ©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.) [I Yes No 12.Have you ever had any STATE issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) ❑Yes No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S.,information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a.Date of Birth b.Social Security Number SSN c.Place of Birth d.U.S.Citizen? Clarion, IA E Yes ❑No e.If Naturalized,State where f.When g. Name of District Court h.Naturalization Certificate Number i.Date of Certification j.If an Alien,Give Alien's Registration Card Number i k.Permanent Residence Card Number I.Height m.Weight n.Hair Color`o.Eye Color p.Sex q.Race r.Do you have a current Driver's License?If so,give number and state 6'1" 200 ,_, R T) WT jYes 11 No 14.Financial Information. a.Total purchase price$ na (if buying an existing business)or investment being made by the applying entity,corporation, partnership,limited liability company,other$ 2,500,000.0 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$ na e.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 land All land purchases and construction Cost are paid 615,000 construction cost of Building thru our business operating account 1,885,000 Bank of america account# d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount na 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. At this time we do not have a bank set up in the area all banking transctions are processed thru our main Checking ahove -,�•-1 I1 C4' -7'1J2 r'Gam-. , psi y. Oath of Applicant I declare under p alty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowledge. ', Authorized Si ure I �// Title 1�"Z Date 1959•2009 UM& 0 6400 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-9857 M 515-226-0128 FAX 515-226-0995 wwwkumandgo.com 50ih Anniversary July 20, 2009 To Whom It May Concern: I have been asked to provide the State of Colorado a personal reference letter regarding Mr. Craig A. Bergstrom, the Chief Financial Officer of Kum & Go pursuant to the opening of a new store in Mead, Colorado. I have served in the capacity of Corporate Controller for Kum & Go since March 2008 and have reported to Craig during my tenure. I have served in similar roles during my twenty-one year career and have had the opportunity to observe the management style and character of several individuals with responsibilities similar to those of Craig. I believe Craig to be very professional both in his dealings with company associates and with external contacts, such as vendors and financial institutions. In his role, Craig has the primary responsibility for the content and format of Kum & Go's financial information. I believe Craig makes sound, consistent decisions with a high degree of integrity as to who receives this information, when they receive it and what information they ultimately receive. Based on the above, I believe that Mr. Craig A. Bergstrom possesses the necessary high degrees of character and integrity to serve as an officer of Kum & Go, L.C. If you have any additional questions, please feel free to call me at 515-457-6041. Sincerely, Chris L. Brown, Controller Kum& Go, L.C. 1959 • 2009 m &yo 50th Anniversary CHARACTER REFERENCE: Craig Bergstrom CFO Kum & GO, LC I have been an employee of Kum & Go, LC for 19 years. I have worked with Craig Bergstrom now for a few years. Craig has the ability to balance his time to be effective in his position as well as a good boss. He is driven to learn all aspects of the business by forming good relationships with all departments. This helps him and his department with their own agenda. I believe he is very good at what he does because he truly cares about the direction and success of our company. Cathy Slining Asst. VP of Accounting Kum & Go, LC 6400 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-9857 1 515-226-01281 FAX 515-226-09951 www.kumandgo.com To Whom it May Concern: I have known Craig Bergstrom for almost three years. Craig is the Chief Financial Officer for Kum &Go, L.C., a convenience store chain. He is a person of high integrity and good moral standing. Craig is a highly motivated person who strives daily to do the right thing. I have found Craig to be honest and ethical. Craig has been a role model for me. His enthusiasm for the business and drive to always do better sets an excellent example of how to be a leader. If you have any questions or require further information, please do not hesitate to contact me. Sincerely, Chris Klemesrud, CPA Assistant Controller Kum &Go, L.C. 6400 Westown Parkway West Des Moines, IA 50266 (515)457-6212 DR 8404.1 (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant,all general partners of a partnership, and limited partners owning 10% (or more)of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more)of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE:This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of Business Kum &Go#913 2.Your Full Name(last,first,middle) 3.List any other names you have used. Brandt,James, Joseph 4.Mailing address(if different from residence) Home Telephone 6400 Westown parkway West Des Moines IA 50266 (515)254-2948 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 12811 Timberline Drive Urbandale, IA 50323 07/01/03 present Previous 327 Willowbrook Drive Mason City, 50401 1993 07/01/03 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 Kum&Go LC 6400 Westown Parkway West Des Moines IA Secretary,V P 2002 current Pappa John Law Firm 103 E State, Mason City , IA 50401 Attorney 1987 2002 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 na 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. VI Yes No Kum&Go LC&Chieftain Corp own 32 operationg store with 3 under construction all of the locations open hold a 3 2 Beer license List of curent locations attached 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 ©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.) U Yes [No 12.Have you ever had any STATE issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) ['Yes ®No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S.,information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12.47-307 C.R.S. 13a.Date of Birth b.Social Security Number SSN c.Place of Birth d.U.S.Citizen? Mason, City IA Yes ❑No e.If Naturalized,State where f.When g.Name of District Court h.Naturalization Certificate Number i.Date of Certification j.If an Alien,Give Alien's Registration Card Number'k.Permanent Residence Card Number I.Height m.Weight n.Hair Color o.Eye Color p.Sex q.Race , r.Do you have a current Driver's License?If so,give number and state 5'9" 175 brn hazel m i WT I J❑Yes ❑No 14.Financial Information. a.Total purchase price$ na ___(if buying an existing business)or investment being made by the applying entity,corporation, partnership,limited liability company,other$ 2,500,000.0 _.,...._ 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$ na 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 land All land purchases and construction Cost are paid $615,000 construction cost of Building thru our business operating account $1,885,000 Bank of america account# d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount na 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. At this time we do not have a bank set up in the area all banking transctions are processed thru our main Checking above �c k �,C r��-•�.--.c�� 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. Auth ized Signature Title Date �` �' 73 71/31o? July 16, 2009 TO WHOM IT MAY CONCERN: Re: James J. Brandt Dear Sir or Madam: Please be advised that I personally know the applicant, James J. Brandt, and have known him for a period of years. Mr. Brandt is the Vice President, General Counsel and Secretary of Kum & Go, L. C. and has held that position for seven years. Mr. Brandt is a lawyer licensed to practice law in the State of Iowa. In addition to other organizations, he is a member of the American Bar Association, the Iowa State Bar Association and the Association of Corporate Counsel. I know of my own personal knowledge that Mr. Brandt is of good moral character. Respectfully Submittteed A. J. Krause ajk@kumandgo.com (515) 457-6018 July 16, 2009 TO WHOM IT MAY CONCERN: Re: James J. Brandt Dear Sir or Madam: Please be advised that I personally know the applicant, James J. Brandt, and have known him for a period of years. Mr. Brandt is the Vice President, General Counsel and Secretary of Kum & Go, L. C. and has held that position for seven years. Mr. Brandt is a lawyer licensed to practice law in the State of Iowa. In addition to other organizations, he is a member of the American Bar Association, the Iowa State Bar Association and the Association of Corporate Counsel. I know of my own personal knowledge that Mr. Brandt is of good moral character. Respectfully Submitted, Ch,rles . Campbell cw' ' ku and.o.com (51 45 -6130 July 16, 2009 TO WHOM IT MAY CONCERN: Re: James J. Brandt Dear Sir or Madam: Please be advised that I personally know the applicant, James J. Brandt, and have known him for a period of years. Mr. Brandt is the Vice President, General Counsel and Secretary of Kum & Go, L. C. and has held that position for seven years. Mr. Brandt is a lawyer licensed to practice law in the State of Iowa. In addition to other organizations, he is a member of the American Bar Association, the Iowa State Bar Association and the Association of Corporate Counsel. I know of my own personal knowledge that Mr. Brandt is of good moral character. Respectfully Submitted, v7 Nathan S. Allen nsa@kumandgo.com (515) 457-6130 DR 8404-I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more)of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of usiness • /!� 'J wil F 2.Your II Name(la t,first, middle) 3.List y other names you ve used..4/c.t ,t, X? &is) .i6x 4. Mailing address(if different from residence) Home Telephone 9V— 5:3O--70/e 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 � A o,S'/ ��7fh1'Z1 /'/, 4)- /3e I l�"Ii a� 0 d ,ova /3-elser�� Previous rr 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 Je/eiiI7eqs Q55- 5. /-ry Lan a— ki /i) 1 /(' // 1360 5. /vv- , L0/40/69140 O M .1/9 , /0S 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 U C4 . 8.Have you ever applied for,held,or had an interest in a State of Colorado Liquor or XNoBeer License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee? If yes,answer in detail. Yes 9.Have you ever received a violation notice suspension or revocation,for a liquor law vi lation,or have you applied for or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail. Yes No 10.Have you 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� re any charges pending?Include arrests for DUI and DWAI. (If yes,explain in detail.) I Yes No 11.Are y rrently under probation(supervised or unsupervised),parole,or completing the requirements of a deferred sentence? (if yes,explain in detail.) Yes No 12.Have o ever had any STATE issued licenses suspended,revoked,or denied including a drivers license? (If yes,explain in detail.) _:Yes ,No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S.,information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a.Date of Birth 'b.Social�, Security Nu er SSN 'c.Place of Birth I d.U.S.Citizen? /// I ` - /Z • e me) Les LI No e. Naturali ed,State where ;f.When g.Name of District Court h.Naturalization Certificate Number ;i.Date of Certification 'j.If an Alien,Give Alien's Registration Card Number k.Permanent Residence Card Number LL��/1 i/1/ k4I ig m.Weight n.H 'r Color o. a Color p.Sex qe R'a� r.Do you have a current Driver's License?If so,give number and state Iii .J 1_tJ� /V�T17 I rr W es JNo 14.Financial Information. a.Total purchase price$ .. / ___.__ (if buying an existing business)or investment being made by the applying entity,corporation, partnership,limited liability company,other$_-_- .._._._._._._............_- b.List the total amount of your inves en in his business including any notes,loans,cash,services or equipment,operating capital, stock purchases and fees paid$ 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 ri 4_ , _ d.Loan Information(attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount /V .. 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. 8 C...„, 8 of s f n�fvi e...--,Cam....p,Lc_. 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 kngwledge. Autho ed gig tine ,a / /,f� Title 4 hid.-1(Q Q Dat 7//O/D 9 To whom it may concern, I am writing on behalf of Vicki Bringham and present this document as a letter of reference. Through this letter I hope to convey the character and abilities of Vicki as I know her. My name is Phillip Hoey and I am a District Supervisor for Kum & Go Convenient Stores. Vicki has recently joined my district as a Manager in Training. Her duties are many and she accomplishes them beyond expectations. She is truly a vital asset to the district and her fellow manager would surly echo my sentiments loudly. Vicki is a hard worker and highly dedicated to being the very best. She proved this by working for Kum & Go and JC Penny at the same time while preparing for a career with us. I also consider Vicki to be a highly responsible and an overall leader. Upon accepting the position with Kum & Go Vicki was put into a part time training program in order to prepare her for the position. Vicki trained for a short 2 weeks before we needed her help running a store in the current managers absence. Vicki was eager for the challenge and easily gained the respect of her fellow workers and did a tremendous job running the store, therefore I consider her to be a highly responsible person. With the way she was able to get other employees to respond I know she is a leader. I look forward to working with Vicki her character, skills and abilities have proven exceptional. As mentioned prior Vicki is a vital member of this district, highly regarded, and her determination is as apparent as her work ethic. Please feel free to contact me if you have any questions, Phil District Supervisor Kum & Go, L.C. peh@kumandgo.com 970-371-8611 Lori Miller From: Phyllis [rayandphyllis@yahoo.com] Sent: Thursday, July 16, 2009 8:44 AM To: Lori Miller Subject: Vickie Brigham Attention Ms. Miller I would like to tell you about my impressions of Vickie. I had the opportunity to work with her at JCP for over a year. I found Vickie to be friendly and a team player.She always presented herself in a very professional manner. Vickie is honest and loyal and gives 100% of herself to any task or company she works for. I am proud to call her my friend and she is always available to help anyone in need. You are very lucky to have her be a part of your company. You may contact me further if you have any other questions for me. Thank you. Phyllis Berglund t Lori Miller From: Darlene Ortega [jor13262yahoo.com] Sent: Friday, July 10, 2009 9:03 PM To: Lori Miller Subject: Vicki Brigham Dear Ms. Miller, I'm writing to you as a reference for Vicky Brigham. I have know her for 7 years and Vicky is the most hard working and trust worthy person I know . She gives her heart and soul in all that she does. Vicky takes pride in all that she sets out to do. Thank you Darlene Ortega 1128 W English Sparrow Tr. Highlands Ranch,Colorado 80129 (720)276-6950 1 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Mike Coffman, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, KUM & GO, L.C. is an entity formed or registered under the law of Iowa 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 20011042768 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 08/07/2008 that have been posted, and by documents delivered to this office electronically through 08/14/2008 @ 07:10:54 . This certificate does not reflect whether the entity is transacting business or conducting activities in Colorado under an assumed name. 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 on08/14/2008 @ 07:10:54 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7157738 • Secretary of State of the State of Colorado ****************************************End of Certificate**************************************** Notice:A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option,the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site, httv:Givww.sos.stare.co.uv'birlCertifcateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance ofa certificate. For more information,visit our Web site, http:/iwww.sos.state.co.us/click Business Center and select"Frequently Asked Questions." CERT_GS_T Revised 01/02/2007 RESTATED OPERATING AGREE MEIV'!' OF: KUM & GO:L.C. (an Iowa limited lia6 flity company - managermanaged) TABLE OF CONTENTS ARTICLE I DEFINITIONS -1- ARTICLE II FORMATION OF COMPANY AND PURPOSE -4- -4- 2.1 Formation 2.2 Name . -4- 2.3 Principal Office 4- 2.4 Registered Office and Registered Agent -4- 2.5 Term -4- 2.6 Purpose of Company -4- 2.7 Units of Initial Members -4- ARTICLE III RIGHTS AND DUTIES OF MANAGERS . -5- 3.1 Managemegt, -5- 3.2 Nurriber. Initial'Managers. Tenure and Oualifications -6- 3.3 Certain Powers of Managers -6- 3.4 No Member Power to Bind ` ` -7- 3.5 Liability for Certain Acts 3.6 Managers Have No Exclusive Duty to Company -7- 3.7 Indemnity of Ma Managers -8- 3.8 Resignation -8- 3.9 Removaj -8- 3.10 Vacancies -8- 3.11 Salaries -8- 3.12 Officers 8- ARTICLE IV RIGHTS AND OBUGATIONS QF MEMBERS -9- 4.1 Limitation of Liability _q- 4.2 List of Members 0- 4.3 Company Books -9- 4.4 No Right to Withdraw and No Demand of Member Capital 4.5 Waiver of Action for Partition -9- 4.6 Voting of Units 4.8 Election of Managers -9- 4.9 Ouotvm -10- ii t " • 4.10 Action Requiring Member Approval 4.11 Meetings -10- 4.12 Place of Meetings 10- 4.13 Notice of Meeting;, -11- 4.14 Meeting of-all Men iers _ -11- 4.15 Record Date -11- 4.16 Action by Members Without&Meeting:Telephonic.Meetings -11- 4.17 Waiver of Notice . . . ARTICLE V CONTRIBUTIONS TO THE COMPANY, 11- CAPITAL UNITS AND CAPITAL ACCOUNTS . . . . . -11- 5.1 Capital Contributions 5.2 Separate Capital Account; - -12- 5.3 Units __ 12- 5.4 Classes of Units • • -12- • • 12- 5.5 Certificates of 1VEem hrp nteeiest . . . . ARTICLE VI ALLOCATIONS AND INCOME TAX . -14- 6.1 Distribution;. . . . . . . . -14- 6.2 Limitation Upon Distribtitrong -14- 6.3 Accounting Principles -14- 6.4 Interest on and Return of Capital Contributions -14- 6.5 Loans to Campy; -14- 6.6 Returns apd t3ttl;.i siecttons -15- 6.7 Tax Mattes Member -15- 6.8 Allocation of Profits and Losses -15- 6.9 No Right to Withdraw and No Demand of Member Capital -17- ARTICLE VII TRANSFERABILITY 17- 7.1 Assignment of Interest -17- 7.2 Right of Assignee to Become a Substitute Member -17- Prohibition on Certain Transfer; -17- ARTICLE VIII ADDITIONAL AND SUBSTITUTE MEMBERS -17- 3.1 Admission of New Membe_. - — — -- 3.2 Al1ucatiaus w.New Members - -- 17 -1;- s iii a AR i ICIS 11X- DISSOLUTION AND TERMINATION . . . . . . . . . . . . . -18- 9.1 Dissolution -18- 9.2 Payment Upon Redemption of Membership -18- 9.3 Articles of Dissolution . . . . . . .. . : . . . . : : -18- 9A Winding Up 18- q: Survivatof'Ca Contractg . . . . . . . : .. -19- 9.6 Proceeds of Liquidation -19- ARTICLE X MISCELLANEOUS.PROVISIONS: -- - -19- 10.1 Notices -19-- 10.2 Books of Account and Recordt ' -19- 10.3 Application of Iowa Law -20- WA Execution of Additional Instruments _ . : -20- 10.5 Construction . . . . . : : 20 10.6 Hcadines 20- 10.7 Waivers -20- 10.8 Rights and Remedies Cumulative • 20- 10.9 Severabitity 0- 10.10 Heirs. Successors and Assigns -70- 10.11 Creditors. : . . : . . . . . . 10.12 Counterparts -21- 10.13 Entire Atiteemom : . . . :. . . . .: : .21- 10.14 Non-Disclosure of Confidential Disel"t�rsute:. .. -21- 10.15 Facsimile v -21- v t - Kum&Go,L.C: ARTICLE I: DEFINITIONS The following terms used in this Operating Agreement shall have the following meanings (unless a different meaning clearly appears from the context): (a) "Additional Member" shall mean any Person or Entity who or which is admitted to the Company as an Additional,Member pursuant:to,this Operating Agreement_ (b) ncapitatmennnart shall mean,with respectto anyMember,the initial Capital Contribution reads, by such..Member (1) decreased:by.the amountroi (1) any losses or deductions allocated to such Member, (ii) any distributions.&N'et amble Cash, Net Liquidation Proceeds or other property made to such Member and(iii)any liabilities of such Member assumed by the Conway;and(2)increased bytt$amo ,af'(i)anyprofitsallocated to such Member,(ii)any subsequent Capital Contributions mate by such mother and(iii)any liabilities of the Company that ate assumed by such Member. Capital Accounts shall be maintaine41n accordance wit 4epro iaignaof 1, 1*M42)(iv)oftheRegulations and,to the extent not inconsistent therewith,generally accepted.accountingprinciplet Capital Account balances shall be determined as of the last day of the fiscal year in which a sale, refinancing,or liquidation.occurs,.btltpdoc to distributiethof disposition resulting in the gain being aiiinh rtlu:g✓toaeeds of the sale or other -d,therein. • contribution to"Capital Contribution" shall meats; ,n to each Member, any the capital ofthe Company in cash or the fair viduetrfanyproperty contributed by a Member whenever made litillidgmbaCaddbahur initial contribution_to the shall mean the Capital a£the Company pursuant to tiria,0) Agreemem. (d) "Ogle" shall mean the Internal Revenue Code of 1986 or corresponding provisions of subsequent superseding federal revenue laws. (e) "Company" shall refer to SUM&GO, L.C. (f) "Lax" shall mean any general partnership; limited partnership, limited liability company,corporation,joint venture,trust,business trust,cooperative or association (g) "Final Canital Account" shall mean an amount,equal to the Member's Restated Capital Account as of the date of dissolution. "Restated Capital Account" shall mean a Member's Capital Account after it h been ,n en d �g�Fe re€ieer a —rev atuatt on-of the Company'solremy in accordance with Semi bn 1.;04-1 b Regulations in connection with: ( )(=)(iv)(flofthe -1- Rum St Go,LC. (1)the making of an additional Capital Contribution by an existingMemberor by a new Member,or (?)the liquidation ofaformerMember's Interest incident to the dissolution of the Company. The fair market value of ttfe Cotnpariy"s property shall bidetermined in accordance with Section 1.704-1(b)(2)(iv)(h)of the Regulations,if the Members and their.snecessors.and assigns have auflkiiiitISi aditiiiiiinteresis to satisfy the Regulations. Otherwise, the fait matt'Valuer o€the CorttparbesTrapeitY shall be determined by a qualified.,independent appraiser selected by the assigning Member orbytheirformerMerrrber(ortheformettMert c`as a ats and assigns)from a list of atleasl,four qualified, ingLependent appraisers providedtby the nonissi (r�ining:Me Ong or "Fiscal?Year" shall mean the,Company's fiscat'year; which shall be the calendar,yiear. "rnitlal Miimberfar shall mean WIRratir A.Krause andiKrause Holdings, J Jidda Member"shall =air the:initial members Of the-Company whose names and signatures appear or the signtturep he rf. . -0 ); "Ih (s)"-shallmearrthe pmpnettnifin, 94111SeMbeestinits:hears to all outstanding Units,-excepting,g those Units (or classes'or series thereof).if any, which are excludetifttertsaidraticibytbitemultotthisOpeiatzng t"saidhiterest representing therbfembespercentage sharetor Other defmbd`share]cif the•Compares`tiiisiness,assets. profits and losses. - . Liability Company Act at Chapter (1) "Iowa Act"shall mean the£owa.T,imited . 490A of the Code of Iowa, as amended (m) "Manager"shall mean one ormore managers elected bythe Members pursuant to this OperatingAgteementand the Iowa Act. Thepresent managersare WilliamA.Krause and Kyle-j: Krause; (n) "Member"shall mean each of the Members,Additional Members,..nd Substituted Members:who:are, as of a given time, a.member of the Company. (o)- "Net-Dtstnbutahle Cash" shall mean all cash and funds received by the Company(other tr an funds received as Capital Contributions or as Net Liquidation Proceeds -2- P Kum&Go,L.C. by the Company)less the sum of the following to the extentmadofrom such cash and funds received by the Company(butnot to the extent made from other sources,including without limitation from Capital Contributions,NetLiquidadon Proceeds or cash reserves maintained by the Company);(I)c all.principal andinterest payments`on indebtedness oldie Company all other sums paid to lenders; (2) all cash expenditures (including capital expenditures) incurred incident to the operation of the Companfr wcn w rya)such cash reserves and additions thereto as the Members shall determine are advisable and in the best interests of the Company. (p) I/N_ et ssi n "shall mean the amotmt of money,the principal amount of any indebtedness due to theCom an. and the as- principal distribution)of any and all other P distributed market Members r in li uidation of the'`eiate ef Company,reduced by any liabilities of the Company that the d by such Members or which are secured by any property that is distributed by the Company to such Members. If Company Net Profitj shall mean,for each Fiscal Year, the income and gains of the ley�crnatedin accordance with acc. to year a124.aS�ierantw,l, . o�� j� ly�ieditvmyear separately-or in the aggregate, as appropriates,ort the Cbmpanyls intentional,tax tenon.filedfc .Ceders! income tax,pa*pr,an plea any income exempt from federal income tax under the Code. (r) "Net Ln s,t shallineat,for each Fiscal Year,the losses-and'deductions of the Company determinedin accordance with accounting principles consistently applied from year to t to yea tax r and as reporteek_t tu led separately or in the aggregate;as appnapriatn„cute Company's infor a le in co _ t.income ,.ice°arr7rexpendhtmeb tar under the Code.dedut its tastable income and not properly chargeable to capital account (s) 1 16. shall executed and as rmeanthis;Operating A tas originally fmmtime to time. 1/ with the.fortnatiO rigni of zatinaggae "shallmeanthoseexpensesincurtdinconnection (u) "Person" shall mean any individual or Entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such "hum" where the context so admits. (v) "Regulations" shall mean the Federal Income Tax Regulations, including tem o -3- 11W11&VV,L.C. ., (w), "Reserves shall tnean„With respect to any fiscal period, funds set aside or amounts allocated during such pepod to reserves which shall be maintained in amounts deemed sufficient fer working capital and to.pay:tortes;:insurance,debt service,or other costs or expenses incident to,the,awnealx p otoperation of the Company's,business_ (x), "Substitute Member:','. shall mean any Perscre ot Entity who or which is admitted to,the Company as a:SubstiluteMemberpursuant:tcrthistOperating Agreement. (y) "Units" shall mean the units of ownership as defined in this Operating Agreement issued b3 the Company to=ttsi - in a changefor contir'butions, which represent the Member's Interest ia.the Company. FORMATION OF COMPANY AND PURPOSE 2.1 Eormation., As.of November..1041997;the Company was Corarpatty organizeeLas an Iowa limited liability,company under and pursaanttnthe Iowa'Act The:effective date}of the original operating agreement wasNovember.l ,199--7 -Thereffectivedateof this-Operating Agreement (as rosined)is January 1,2004. --2.2 . Name The.name-of the con ayisll Mik'G 044,C.. 2.a Principal-cm :F The principal office of the Comp arty shall be 0400 Westown PallMtlaWeatackSVO 5Q2(6. Illtereorapaty iatylocateita places:cf.-Fastness and registered,office at any-other place or p ces wit may from-time to tint dart advihal ie. 2.4 Registered Office andRegisteted Agent. The Company's registered office shall be at the office of its:registered agent ar;6400-Westowir Bfea es,Iowa 50323,and the name of its initial registered agent at such addts isJamad -Brandt 2.5 Terra. The term-of theCompany shalt be- rpetual, Tin Psis'the Company is earlier dissolved in accordance with either the provisions of this Opera tng Agreement orthe Iowa Act. 2.6 Purpose of Company. The purpose of the Company shallbe to engage in any lawful business or businesses and,to engage in all other activities-necessary, customary, convenient, or incident thereto. 2.7 Units of Initial Members. TheoriginalMembers of the Company andtheirrespective — Interests _,.e listed en Srhedule "A -4- t Kam&Go,L.C. ARTICLE III RIGHTS AND DUTIES OF MANAGERS 3.1 ana_aement. The business and affairs of the Co mpany Manager or Managers: E h anger shall participate in the direction man all be managed by ol its f the business of the Company to'the best of his ability. The following c diuts shall and applyc w th respect to the conduct of meetings and the-man y edurt;s g with management of the Company by the Managers:" (a) A majority ofthe total number of Managers fixed by,orin the nianner provided in,the Articles of Organization orthis Operating Agreement shall constitute a quorum for the transaction of business of the Managers,and the act of a majority of the Managers present at a meeting at which a quorum.is-present shalt be the act of the Managers.at a meeting oftheMan A Fvfaaken sh flnager bes agers�at action or�'any Company matter is taken sii�be presumed to have asseritM teillitiatibifunless his dissent shall be entered in the minutes of the meeting or unless he shall filehis-written.dissent such'action with the P'ers'on acting as secretary of the meeting before the adjournment thereof or shall deliver such dissent to the Company immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Manager who voted'in favor of such action. (b) Meetings of the Managers may be held at such place or places as shall be determined from time to time by resolution of the business shaft' be transacted in such order at shall time to time be determigssafthe ned by resolution of the Managers. Attendance of a Manager at a meeting shall constitute a waiver of notice 01 SUch meeting;except wherea of objecting to the transaction of any busineManager s on ids ameeti meeting tinhe g is not awpose called or convened. e ground that the meeting is not lawfully (c)` In connection-with'any annual meeting of members atwhich managers were elected,the-Managertmay,ifaquorum is pl9Cnc holdthei"r first meetingforthetransaction of business immediately after and at the same place-as such annual meeting of the Members. Notice of such meeting at such time and place shall not be required. (d) Regular meetings of the Managers shall be held at such times and places as shall be designated from time to time by resolution of the Managers. Notice of suck regular meeting shall not be required. (e) Special meetings of the Managers may be called by a Manager on at least 24 hours notice to each of the other Managers. Such notice need not state the purpose orpurposes of, nor the business to be transacted at, such meeting. (f) Any action permitted or required by the Iowa Act,the Articles of Organization, or this Operating Agreement to be taken at a meeting of the Managers, or any committee z' • Sum&Go,L.C. designated by the Managers,may be taken without a meeting if a consent in writing,setting forth the action to be taken,is signed.by all the Managers or members of such conunittee,as the case may be. Such consent shall have the same force and effect as a unanimous vote at a meeting,and the execution of Such consent shall constitute attendance or presence in Person at a meeting of the Managers or any such committee, as the case,may be:: Managers. or members of any committee designatedb the Managers,may participateinandhald a meeting, by means of atelephone conference or by chili latcommunications:equipment whereby each. Person participating in the meeting can hear each other,andparticipation in<suchmeeting shall constitute attendance and presence in person at such meeting, except where a Person participates-in the meeting for,the.express purpose.of objecting,to-the transaction of any business on the ground that the meeting,is not calked or,convened. 3.2 Number,Initial Managers.Tenure and.Qual tations. The initial number of Managers of the Company shall be TWO(2). The number may be changed Erganxirnetotime-bytheafArrnsitive vote ofMemb7s but mnoinstaaceskall there be lest tbar ouelltEeaagys . EheJ uat3lffembessaaree that the exedution.of this OperahngAgteement shall.constitute:wrttten.consent tattle election of the Persons designated on Schedule A attached hereto as the Managersof the Company. Each Manager shall 'maid office until his successor shalLhave been elected and qualified..Managers shall be-elected by in the manner set forth in this Operating.Agreement Managers need not be residents of the State of Iowa or Members of the Company. 3.3 Certain Powers of anagers Without limitin the g. generality of Section 11, each Manager, acting alone,shall have,power and authority on behalf of the Company:, (a) To acquire property from any Person,or Entity as.theManage;s:may determine. (b) To borrow money for the Company from banks,other lending institutions,the Members, or affiliates of the Members on such terms.as they, deem appropriate, and in connection therewith.to mart encumber and. anvsecithtyinterest the assets of the Company to secure repayment of the borrowed sums.(and no such action shall require a vote of the Members). (c) To purchase liability and other insurance to protect theCompanys property and lousiness. (d) To hold and own any Company real and/or personal properties in the name of the Company. (e) To invest any Company funds temporarily (by way of example but not -------- i,uitatiu�t)iu rime clen�" t r: irrm vuvc ne�it�l ubliadtinns,commercial papeL orothe, investments and otherwise conduct or direct the Company's banking activities; -6- e. Rum&Go,LC. (f) To sell or otherwise dispose of assets.(whether tear,petsdti ormixed)of the Company; (g? To execute on behalf of the Company all instruments and documents,including, without limitation,checks,drafts,notes and other negotiable instmments,,mongages or deeds of trust security agreements,financing statements,documents providing, orthe mortgage or disposition' of the Company's property, asst ale le leases, partnership agreements, and any other instruments bills of sale, leases, or documents; (h)- To empkyaccountants, legal counsel, managing agents or otherex an Perts to. perform services for the Company and to compensate them from Com P Y funds;, (i To enter into any and all other contracts or . Company to cry out the purposes ofthe agreements eson or behalf of the purpose, in such forms as the Managers with any other Person or entity for any Managers may approve; (I) To declare and pay distributions to the Members as described in Section 9.2 hereof,and conduct of) the Company's'o do and perform all other acts as may be necessary or appropriate to the business and'not inconsistent with applicable law,the,articles of organizatiOn or this Operating Agreement. 3.4 N°_ 2w. _..so row 'nri Unless authorize€to do so by thisOperating orby a Manager m.. f Comp ny shall have an �of 1#re:Campaay,no IGPember,agent,or employee oftE�Company shaft any bind dieCompanyitr any way,to pledge its credit or to remit liable. pecuniarily for any Ptn'posei 3.5 Lin wftfrw Cert in- P mpating'inthentanttgem fthei h Manager shall exercise his omnom judgment AMaar. does not,in any way, operationsanda$' imaftiie Company. A guarantee the return of the Member's Capital-Contributions or a profit for Members from the operations of the Company. 16 Manage live No Exclusiv a Dutti to(' manage the Company as his sole and exclusive function and he(or any Manager)er shall not Manager) may have other business interests and may engage in other activities in addition to those relating to the Company. Neither the Company nor any Member shall'have any tight, by virtue°of tilts'Agreement, to share or Participate in such other investments or activities of the Manager or to the income orprnceeds derived therefrom. m t `' "" rE.The Manners shall be indemnified by the Company to the extent provided in the Company's Articles of Organization. • x• . • Kum&Go,L.C. 3.8 Res₹gnat pn. Any Manager of,the Com any may resign at any time by giving written nodee to the 2rileinfl6ofthe C}ompanv. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice; and, unless otherwise specified therein, the acceptance of such res wiation shall not be-necessary to make it effective. • 3`.9 Renic vat. At a meeting called expressly for that purpose,-all or anyc;lessee number of Managers-maybe rernoved at any time, with or without cause, by the affirmative vote of Members. 3.10 Vacancies. Any vacancy occurring for any reason in the number of Managers of the Companymaybefilledbytheaffirmativevoteofa ozitoflasemaxning,Pas-theninoffice, provided thatttheie are no remamin� 1M anaggas,�varanr�r )shall he.filled by tine affirmative vote of Members:�A Manager elected(Olt l a vacancy shall be elected for the unexpired term of his predecessor in office and shall hold,o oe until the ex ratj n of such..term and until his successor shall be elected and shall qualify or u itr'f hie ear$ier death,resignation or removal: 3.11 Salaries. The salaries and Ski compel sation of the Managers shall be fixed from time to time by the Managers, subject to the approval of Members hol g;at-least amajority of all outstanding Unitillndno Manager shall be prevented from receiving such salary byteasoa:.ef:the fact that he is also a Member of the Company. 3 1� Officers. The Managers mat appointthemselve„s oc other-.indi.vxduals as officers of the • Company which >iay include;but shah neebe hrait>a t12;:(a) Claetl ectn: ,. Chief Operating officer, (c) Chief Financial Officer, (d) president; (e) one or more vice presidents; (f) secretary and (g)treasurer.. The Managers.male delegate a par of theirtdayis4rj management respansiliiHues td any such officers :ag dete reed by(the 4n 40 afi711e PA Np",,attd such: otfieCfs.` hi lie'autirlrf gpnttati ; negot ate'anbehaif gfraathqtherwiserrepresentthe . interests ofthetampany as`so auilionzedbythe Managers. Unless the Manage adegdeotherwise,. if the title is one commonly used for officers of a business corporation formed under the Iowa Business Corporations Actjhe easigpmegt asuch title shall ccgtstiurte,ttte dele ,to such Person of the authority aid tithes that a$,porwaily aaaQciated with the once, subject to any specific • delegation of authority and'duties.mark hgS0 ARTICLE IV RIGHTS AND OBLIGATIONS Ol`VAS 4.1 Limitation of Liability, No Member shall be personally liable for any debts or losses of the Company beyond his or her respective Capital Contribution. 4.2 List of Members. Upon written request of any Member, the Managers shall provide -8- 43 Sum&Go L_—, . Comnans. The • the Company relevant Company Managers shall maintain and preserve at the documents including, but not ' list of the thu name and last known:business address of each Member and Man limited to)aa a copy t list rt full anization:and�articles of amendment thereto;(e)copies Manager, (b) a copy of state and o of income tax returns and reports,if any,for the three mostprece tCompany's federal', A tax and of any financial statements for the 'state and local years,tand(Ucopiesoftab erequeng each Metttbershall have therior three most Upon reasonable request, documents at the Member's exgpennary bnesshott ` sp�tandcopysuchcompan Y 4.4 Na ; Qta With vote of the itli w N©Detnffi,dort Ca ' . Except upon the Members (t)a Member shall not have the power or right to withdraw from the Company and Cu)a Member shall not be affirmative Interest a the berrspa shall untbl:�C entitled to demand or receive from the Company the liquidation of his other applicable provisions of the Iowa Actury ls dissolved in accordance with the provisions hereof or 4.5 WaLerofActionfnrpA 5r of -n �h Member irrevocably waives durin the term Company anyngltt that it may have to maintain any action forpattition with ttspectto the property the the Company. 4.6 Vo— tjn`TU Except as otherwise ex to the contrary;all refcawces in this.Operating A ent to provided in this means the �eementto"CheafFtarative egt affirmative vote of Members holding at least a ns�ti Such majority ofreiq Units sainted to cote at meeting at which aquorumisp e Members on all matters,including extraordinary affirmative vote ofthe Members shall be the shall be entitled to one vote for each Unit. Each act of the M�>rerholding Units entitled to vote 4:7 Ewsimi. Mall meetin executed in writing by the Member el p of M��' a Member may vote in executed in the the man byany' horizedattortney'in-fats. Stich proxy yerson hall be filed eleven the Managers o Company before or at the time of thePnatbc shall d ria of its:execution unless ci meeting: No proxy shay be valid after otiterwlscprnvided is iJ ptty*y 4.3 lection of Manao:.,o; The by the Members holding Units entitled to vote iiManagers the election a shall att a meeting at elected by awhich a q of the votes cast Stated another way,each Member holding Units entitled to vote shall`be entitled to voote is a number of Units owned by that Memb er for as many persons as there are Mana gers to be elected. 4.9 Qp_g_mm• Members holding at arnajority on ofall represented in person or by proxy, shall constitute a quorum at any meeting of Members. vote, absence of a quorum at any such meeting, a majority of the outstanding a Units so represented may Members. In the adjourn the meeting from time:to time for a period not t tis- osmore-than 60-days, orif afferhe ad'o — is axed for the adjourned meeting, a notice of the adjourned meeting l l be ven anewch Member date of record entitled to vote at the meeting. shall be gi to each -9- - f — _..—. Aim&L.Go,L.C. At such adjourned meeting at wtoch quonim shall be present or represented,any business may be transacted which Might have been transacted at the meeting as originally noticed. The Members present at a duly organized meeting may continue to transact business until adjournment, nou.vithstandingthe witlidrawarduring.suchmeeting of that number of Interestsw1iose absence would cause less than a quorum. 4.10' Action Requiting Member Approval_ The Company shall not take any of the actions described below without the affirmative vote of the Members:. (a) Approval of salaries,and other compensation to-Manages. (b) The sale, exchange or other disposition (other than the ulorrgAge; pledge or other grant of security interest) of all or substantially all the assets of the Company: (c) The merger of the Company with another entity. (d) The voluntary dissolution of the Company. (e) The amendment of the Articles of Organization or this Operating Agreement. 4.11 Meetings, (a) An.atmual meeting of theMenibers holding Units entitled to vote shall be held for the eTeefon of E wage s„and.for the transaction o€such other business,as may PropetrY come before the meeting,at the Company's principalofficeat5,-00pan.loeaitimeon the first Tuesday of March each year. (b) Special meetings of the Members, for any purpose or purposes, unless otherwise prescribed by statute,may be called by any Manager,-or by any Me or Members holding at least 1'0'% of the outstanding Units.entitded,to emote: 4.12 Place of Meetings The Members-may-designateran.y planet.either.withi -ar outside the State of Iowa,as the place ofineeting for any meeting of the Members. If no designation is marl., the place of meeting shall be the principal office of the Company. 4.13 Notice of Meetin es. Written notice stating the place,day and hour of the meeting and the purpose or purposes for which the meeting is called shall be delivered not less than ten nor more than fifty days before the date of the meeting,either personally or by mail,by or at the direction of the Managers or person calling the meeting, to.eacb Member entitled,to vote at such meeting. 4.14 Meeting of all Members. If all of the Members holding Units entitled to vote shall meet at any time and place,either within or outside of the State of Iowa, and consent to the holding of a — ash e e st ch-meel3Agshall tae ah� th * �Il ornoti l ur ac.h uicc ui, --- lawful action may be taken. -10- t, 4.15 Record Date. For the• Kam se Go, at any meeting Record or any purpose of determining Members entitled to noti at anymee on f adjournment nt the eof,or a m n tofany order to make a determination of Members fory th�ep rpto receive the da on w ch notice of the meeting is mailed or the date on which the resolu ' pO3e'the date adopted,as the ease _ on which y`be,shall be the'record date for such determination o Members.such distribution a determination of Members entitled to vote at any meetingofbersshhs,been made as provided in this Section;such determination shall appry to-any adjournment thereof 4.16 Action by Me eta W o •permitted to be taken at a T ,c satin . Action permitted one or at a meeting of Members may be taken without a meeting required i is written consents,:describing the won men, signed the Men entidedtrrvote and deli veredtoihe agenofthe. each ng with the Company by Member records. Action C° anyf°r ion in when the all minutes erfenti to vote haze� taken trrider dus:Secticat•,ia�effi�ve Members entitled tfo vote theconsent,�essthe Consent sgecifiiesa teffectivedate. The record date � gMembers.entitled to take ou-without-a �sitail be the date the first Member signs a writmnsconsent m Members mayparticipate in and a ` cocommunications equipment whereby and hold meeting by means oftelephone conference or similar munii ati ns elk nd rg shall constitute }? tgi ngem person at such metingr each except where,a Parson...... n �atrdgrat¢a�;iir person at such meeting any business:on the pate in the meeting for the expre : of objecting to the "except g€oun t that the meeting is not law transaction of lawfully called or convened 44.17 . Waays* ,fj - signed--"�.' Wh `any notice is required' begiven to any Member, a waiver stated thereof in writing gs1 `the person entitled to such notice, whether before equivalent to the givinaof such nee or after the time ARMY csaialtraiwu2saierwaimtinuacattiesta.-- 5.1 Capital r'ontrihnr; s its. Capital Each Member shall contribute such amount as is set forth in Schedule "A" hereto as required of any Member Contribution. Na subsequent Capital Contributions shall be 5.2 5gIIPiateCat�i atAccoun c, The Company shall maintain'a separate Capital Account for each Member in ac cordance with the regulations promulgated under Section 704(b) 5.3 �_ p of the Code. U its• Each Member's ownership interest in the Company shall be represented b Units. desigitated.byclass. Anu the nettnbernf Utfits or a .. Additional a uuai id hereto. Members shall receive the number and class of Units determined by the Members. The -11- • Kum number and class of Units issued to an Additional Member and the C n for such Go,L.C. Capital, Units;shall be within,the sole discretion of Member .Contribution. • 5.4 Classes of n' .--The Units of the Company, shall consist of the following g classes: �lassA,�Nam VotinaTlcfe�,e____s. The shalI have the following CIassANon-V©tip�f attributes: enecPT7nits .{i) Apax value'of$1,000• (ii) A-distribution rate of E% payable monthly in distributionashali be cumulative. Except arrears. reevtight aito d distributions and except'as nsubr.the right to receive said Ilonai -. s t ,Provided in,suubsectiente.Fati)iiellaxaf; said ie be 'entif e1j to. any other distributions- of Net Cali or any other distributions o€ the aSsets of the Company. (in) The. Units,shall have a' Otto II;preference vwF zeanpon any hdissolutionof s ` inning n1#t a of the•Coat .y: the okinfvre IUM shailbe entitled-to inceivethesraiaof$1',ppl U itbefos C l7tiiaii eats or Afte dstribt}tt° m�pectofClass Payment of the full preferential amounts aforesaid, the holders of Class'A filni,taghe ninths;entitled to any furtherparticipation any distribution of the assets ofthe company. (iv) The Unitraaa fitlfbeehifiled to vote on any matter or matters upon which the Members have a right matters,norshall the Members a l nto svate, including idea t extraordinary of or the right top �holding said Units be entitled to notice �E�•in any meeting of the Members. (v) The:Units shallnat be convertible to any other Class.(b)shall have all of the alts t s• The Classes•Non-Voting Common Units Units allnoto beth entitled vote on Clans ass C th or mCommon on Units with thetxceptton that said right to vote, including extraordinary acts upon which the Members have a entitled to notice of or the:ri t to maw' nor shall.the Members holding said Units oe participate in any meeting of the Members: (c) C'—a C _Qrm4, coc =Butt s. The Class C Voting and possess all residual rights Common Units shall have of ownership of 1'AVP nr1 a623S-iITF; P the Companv. The holdt+rc i ' wci — — eALlu.i nigh' a en voting units-are ennlled•to vote.- E&mil, Umrshall-be entitled to one vote, m ens holding --- -12- c. 5.5 me or all of the Units the Companymbe h' terest, The may Kum &Go, L!C. authorized,r lf either with or Members Ys Units withscerti c tess are the certificates will`be;3n �'�ithout Ccates: If Units for Units thout rf certificates shall notesfo.atheMembersshall rescertificates are certificatesUnitwithout cerr affect Units alre prescribe. Any authorization theremereb surrendered to;the 1e Peru s . Yshatlm all'events be Cry AI1fJnits of the C if any,email the byshal 'led iretetuptinAr d o�itilet r thi anteres evidence any Ui t the Memb ny,a}i,cftlratesiny and con g represented this b sueh. � Fi rna may� )' �'foltewinQ `' o embla�. . Y be.rsat d to a terms stmEiNal"so apFlyto membership y°therf6g��s�the Members (a) - P Units µms, dgn..� oar tie whi`cPt shall;he 'Al ca s` b - Tni; al r I*w r b the . teed and'shag b4 sited either Wart numbered in the of othem Company,as any t V`President and the Secretary��y eF.xe the terms of this Ong Ae y be properly appointed or designated Secretary arms of the._ �emene The si p tto the �i�.: . � a� y�: .. the cerPresident and te if counter y upon ay nr of Company itself or an employee to the�Co� yt °rzgde ber than c(b)expedient; not inconsistent .paw'; ymakestrcl ?ulesas certificates far Units. eanceining the issue‘,. irict s deem o n of �Y eate,atiothec a °• In the event_ett lees;theft bi•deettvction of ers m bat3 cane #be'rssuedin i s'place Pursuant to such re satisfactoryesta ft e�tg pxv°f°f stmh loss,theft or regulations as tlrel f de'nnuy o ofradthini 7u}caent they; r mk', aid" ��T A dun .;Ab3'tii ett of number and ckaea e T �° -4?f t if cancellation the red by c a fthe respective dates �Yenccase of ca the books of thereConvexlyrespective dates of cancellation. The thereof and in case of the.Cainpany, shall bee deea> the overt °g'in`rdip naanatl�e Units stand t�€.line all pt�oses as regards. (et the boob of the io fee of ' ja, Transfers of Units of the Company authorized by Company by the record owner thereof, shall be made only on surrenderofthe power of certificate duly executed with Me Co and- with the Company, thereunto surrender der a ertificatesfor such Units,ifanv pant. and on the Company and the Interests represented thereby pfoPalY endorsed All Units upon and panyt to t by shall in all events be tansferrn r At�ient. -13- • Kum &Go, L.C. ARTICLE VI ALLOCATIONS Aran n.FCp' ' 6 1 Dtstvtbu-e«�..g„•�V"ai, s. �,.. , . Dfstntutage tram et -Members m, f ac with.their <, be•dfsu3�iuied•trom drat' rrs among • _ 94 . o wrifi^rbs ect t an p t'ar o s fie. 01101 prtre y q-state 1oca�*ta such amount; ; �G ti the P> 'shall be'tr WM lted as 9ti h ured tthh the atlewirrjmber . ."z a,Met3a 6 2taUon Unon L1ic*z• b tior►� distribution is 1�ast;s�ttticnatatwtg usual cti • t •.( )the Co Y ou be etz/Olt . inland unable;�t if,after the of business,or t°�)tt�icCompans totsk assets p�essai y is due in the • habrlf ies ' than thc.aaraof •its total a . accrual accruar its ' � aau�t�ners- . pzirtcivl '� ° nei`rn shark balspt on the 775e'I ed, —neafc .,with` y,acce' accounting 6 tt t one uts Reb,�„ l C • ;: ' interest on tis aber slhall.b�entitled to > i ., orto return,of i sPeetricallyPo�1iaeaptEal Cblrlrlhtifr`on, exee}t ,aotherwise 6.5 Loans to Com v. Nothing from malang,sWit gin tlasO +r,� , � Ped on tmsecctred fans it) the �°i tf w tan} Member -r V=fi-t ,€_- Company. r il. ..1.444:44-4411//:-1_ .- Elrng of alT'taz s -------`�z• Taq�s °came the p paran and timely reruns deemed n required to be filed by the Company putsua, to the,Code Copres of such eaessacy and 1egtiired m h'• an Pu aIl other taz 2Ctgrnas oeP etitti iEaiiaatfon the s ° 14,.s mess, a raa 74 777 hreil etler owes - ic,tlu . . Y'�fiaeal.y .. _., within of Co mliatryforp tf Mem 15leT Bar.Lahereby grtatedtheTa�MatsdrsMember Matters 1�lember ma be c r 63 of the Code and the Treasury Regulations thereunder. The Tax Y hanged by the Members. All tax elections pet>niited to be;made by the Company under federal or state laws shall be.made by the•Mentbers_inthezr discretion:. 5.8 Silaeatiom of Frgias attd r (a) .31locadortoFPmfir d* e .NetProf is of the Co an re :iscat year shall firstbe allocatedmP Y. alized for each respect pursuant to Section purposes of this allocation to Class A U Net Pr gt hall be determined without taking �.4(a). r t or into consideration depreciation expense as determined for tax purposes. All emaining -14- unallocated Net Profits and Net Losses of ihe RuF° &C°,L.C. allocated to the holders of the Class B and Class C�tsd for each fiscal year shall be (hi o Rrflect m, ..e ev n s IuacG OrE�inc S ©rr a and ani al a ccount taxable ncome,. tt lossand de c�°f a Code and the Regulations thereunder, capital of the s so as to take,, o klk account Viral interne MX-Purposes, be allocated among gthe for Federal as to a take into anyvariation between the adjusted basis of such the CoComp�u'Poses and its fair market value, as recorded on the books of the y.As provided 4 1 bX2)0v)(floftfieRegulations,in the event that the •: Cab!taL A c an s boo edt feet therevaluation of Companypm deduction wQth i books„ subs equent allocations:Of income, gain, Ioss and �Y respect to such pro shelf take into account any variation between the -rusS Basis af"sueli pr y, ,Bed f' value,al o dcaidze Com"g. s; ° p�P! e and its adjusted fair tit er`s`titter this m sconianee with Sec ioa,L.774r1(IpRX4)(l,),o(tht l gd ions and,consequently,pe �sha 111 not d be retreated in the Members' Capit Accounts. (G) V" inanrnanylt?embez?Q7 s Fear.In the event thereisachange transfer of ail,. s es`m the Company-trait-a'fi Year (e. part of.a and•, as a result se of a valid aPPrbptiatel aili'+q'catedamg '.A�t PabJ'tts Net Losses shall be Menrfes so as to comply with Section 706(d)of the Code. f the varying interests of the (d):. tram,-- l �sa;lYotaui torhe cony,in°treatta atg o rliecoe;g m orderand y the} Reg�O`' to allocations actin allocatiOns �atteibtuable C).*tpe Where Pcersarenotliandet tc r ,thefglawm s (i) "Partner no m:course dedtctioneasde bed"anddefi detailed Section 1.704-20)(1) and (2) of the Regulations attributable to a particular "partner noruecoutae li�tr" (at defined-in Section•1:7042(12)(4.). e.g., .a Company liability which one or more Menxbers haveguaranteed) shall be allocated among the Members in the ratio in. which the Members bear the economic risk°floss with respect tasuch liability; (ii) Items of Company goss income and gain shall be allocated among the Members to the extent neces _ _ _. _ _— _ _ -. - . _ - .__ g -rules-ti n ❑onrecourse Ira rues setforth in Sections _ _ _ 1.704-2(f) and 1.7042(1)(4) of the Regulations; and -15- k Kum& Go,L.C. Ci it . Items of Company gross income andgain shall be alipGatedamong the Members to the extent necessary to comply with the qualified income offset provisions set forth in Section 1.704-1(b)(2)(ii)(d) of the Regulations, e}atin&to unexpected deficit capi tali account balances "rafter talting ntoaccoimt(i)nitcapitalaccountadjustMentspresc presort in Section 1-704-1(b)(2)(10(dr of Me R zegutatlb , • hs and.(ii) each Member'sr share,if any;of theeompany's partneishM minimum gain and partner nonrecoisse minimum gain as provided` in, Sections 1.704-2(g)(1,), and 1.704-2(i)(5y of the Reguratons, Since the allocations.set forth in:t isSection(the"RegttlatoryAltocati tns")may effect results-not consistent with the manner is which'the Members intend in divide Companychstcibutions,the1V1es� beis.are authorized to divide other allocations of'net profits, net losses and other items among the Members-sous tomtit the egulatory Aitocations from distorttngthe manttenn wl dlsrnl itrons'' on(` he drvtded among • the Menibers but for application of the Reguratory Allocations. The Members shall.have discretion to acoomplisli this result in ally reasonable manner that is consistent with Section 704 of the Code and. .. She related Regulations, TheMembers'may acee!:by unanimous written consent, to make any election permitted by the Regulations under Section 704 o€ the Code that may reduce or gjirrunare any l.egulazory4 Allocation that would'otherwise be requited. (e) Tax Conformity;Reliance on Attorneys or Accountants.The determination of each Member's straw of each item of ineorrr+-g t ,d eticar_Orcredtd Of the Cc?urpany fora I acacyear shall,forpurposes:of Sections 702 and 704 of the rode,be made in adcordsnceniith h allergtions set..forth.;in:this-Section. The ltyto'. otherlltembetsor the: shall have no C©mPanFiftlle'1�faraberti�lies upon the written opinion attar cbunsei or accountants retained by the Company with respect to all matters(including • or other provisions. relatiagto computations and determinations required to be made underthis Section provisions.of.this.Agreement 6.9` , No Right to Witbdiaw and No Demand:.of Member Capital.Except upon the affirmative vote of the Members: (1)a Member shall not have:the power or right to withdraw from the Company and(ii)a Member shall not beentitled to demand orreceive fiuurthe Company the liquidation of his Interest in the Company until the Company is dissolved in accordance wit, the provisions hereof or other applicable provisions of the Iowa Act. -16- c Bum & �� ARTICLE VII TRANSFERABILITY - Howev• 7.1' gssiQriinentofInterest. � . However, A Member may assign his orherInteres �, a Member shall cease to be a s,a MerestAn Member upon the assi he.Memleorinpart. affairs membership ip Coin ass ipumad ,not mtE1 tint of tthiman gem t P: y, or to 6ec datheassi�ee to the entities the a Pa in Elie ghee to? ?tcei,veTM ome.or tc>�czercise;any rifts of'a ��nd would be entitled the extent Member. Such a t assi The pledge of or g ranting of a security in onIrthe distribution ienor to which -assignor against,any or all of the Interest of a Menthes l not c tiers, or other.and shall'not deprave the Member.of the . cause. Member ?' e;im or power taex to cease.mbe.s ember 72 excise any rights or powers"af a,Member. become a Substitute t'o aura 4�t gtlrute 14,e�+,b <:. Mentberonlytfthelldena6tickling amajdifty ofthe An &1ee an,Tn t ��j��y tanndutgi,I '. 7.3om 4n Cer at*t Traa .. �t Agreement.3 to the contrary, no portion of a Notwithstanding an _ assignment or Member's Interest a provision in this re transfer would result in a termination described assigned or trans Section 708 transferred if the (b) of the Code. .ARTICLE VIII iTIOrIA7 after the 8.I �s�_�onofNew)L�P.++o . Additional o newdate of theforntaaaaof the Members may admittedin the Company u ntftUnits,sub' yr' ithtliecons theaient Coin l�ttathe, �dconditi©na•ofthis ingAgr tio:itoldama Company rntetests for such eonsi ettatthe. Operating ASnement,b3't, ss}_ �'° Y shallne to antCt valTocation o£. Additdaaai or 9u - the C� ant may;at its option, at losses,income or expense dedu onsincurre by the fitted income and books(as though the Company's me aaAdditional had ended) a pro r is lose expense deductions to an.Additional,or q pro rata allocations of loss, Company's tax year in which an Additional,or Substitute tifisamre bar-far the provisions'of 706(d)of the Code Member was' mPon of the and the Trcas admitted,in accordance thereunder.ury Regulauonspromulgated thesEunder. ARTICLE DC DIS O1 -1..ITIpN LiFch,m.r 'rtON y_1 _. ._ Qom. Tfie_Coxn — p rollowing events: parry shall be-dtssolved-u on the occ urrence of any of the -17- (a)at the time or upon the happening of an event specified in the Iowa Act, the Articles of Organization or this Operating Agreement; or (b) upon affirmative vote of the Members holding a majority of the outstanding Units. - -- • ,i 9 -- ,'0:`P ent Upon Redeipption of A lnersltt this When, la Operating Agreement, a Man- ba withdraws,at aMembe?s Tnt t is otherwise redeemed,, the Interest shalt lie valued at and fixed.at,an, aMoontsquat to the farmer Member's Restated capital -AccounrritirittapitliAccount'1;TheMember;ortassignee,shaffbeerttitiedto'asap:4* .undistribu�e of suchfina aI,•Capual Aceoum.arthe appltcable•Pederat Iong;fetmzate.fed;as of thedate the Wiest is redeemed..Ar the.optiowo€ae,Cafinpanp;the'undi`stnbuted balance of the forsnerManher's Anal Capital Account shall be paid(i) in cash in full within 6Q days from the date the Interest is redeemed or (ii) in,1gt e3+ialsa�: eatgs•incltt4t.with .14.tyearforat•thed'utilix atereetis: subsegtrentannuaTiaetallmer c e arrthe same h and every year thereafter untiI the entire undistributed, ,balance of the Final Capital Account, together_w#12 ac" °.,interest, ia=paiei in. . theC ebiigaevrr, 1-Wildlife or in ° a°X Y l said rP „ .._ 9.3 '`'Articles ofI3issoI'ntion When all debts,liabilities and obligations discharged,or uatehave been paid and �4 provisions have beta made.theiafor and all of the remaining property and assets have been distributed to the Iviembers,articles of dissolution ahall.be executedand filed with the Ion Secretary of State.., Thereafter; the me.©t the CaY' 1 cease, except for the purpose of suits, other proceedings acid appropnate action as provided in the Iowa.Act. .n`J •,:� if, _. a g 4„ ndinrt Ug:. Except as prvvidert_byiaw Ott dissoltztlon,each MeMber shall,look• solely tatheastaet$ofiheCorn aRforthe et ofits.Ggpitadt niribtaion; If theCgatpanypraperty remaining afltr C iepayment or 4iirha gettaf thetdebts anciftabr7ftiea ofthe Company is insufficient to return the Capital Contribution oech Member,such Member shall have no recourse alpinist arm other Member. Further,no Member ahall.bereq to> o� and sucfi'deFic%f'�atT not be:freaked*,. -�his or Pie taLAsa�zt tteatedas.anassetoftheCompani:' he winding up ofthe affairs,of the. Company and the distribution of its.assets shall be conducted exclusively by the Members; • 9.5 Sun?)val of Company Contractg. Myatt or event (including the passage of time)causing dissohition of the Company shallin no-way affect the validity of,or shortenihaterrn,of,.any lease; deed'or trust, mortgage, contract or other obligation entered into by or on behalf of the Company, or acquired by the Company as assignee. +.5 Proceeds of liquidation. Net Liquidation Proceeds shall be applied and distributed in the fo`lowing order of pnonty: (1) First, to the payment of or provision'for thetdebts andiiabilittes of-the Company (including loans from Members) and the expenses of liquidation in order of priority as provided by -18- l , E. - ` law, and to the creation of any reserves which m • ay be orrahiY;necessar�ge��„�� — Burn L C. unforeseen:liabilities-or moans.; , ,.. : "..sus or (2)Second,pro rata to formerMembers in proportion s°the their Final,Capital Accounts in payment of their Final Capital Accounts,plus accrued b unpaid d interest thereonof :_. - but un . Paid (3)Third, to the Members in repayment of their Capital Accounts in the Company;and (41nally,to theMernbert firpropOrtibnctrOthefrreapeCtiveintamsts inthe C©mpimy, MEC7 Ai`rLOUS pRC�Vrcrn*re 101 . . .Any YPCovrs ii- l ors be for all 0 -`°t ern'snar de fohave inc.!. Sufficiently*r given by d same is purposes if delivered personally to the party or to an executive officer of 'he r is directed u ct.d or,ii�f sent by registered or certified rte,po party to whom the the IS t m Member's. Fang. Company's ad�tesa�is ft appears= _., _ messed to afktExc the date an °'vid here ,anfsaehzeirice shall Be deered M„begivsadexchushielaidirs '� . ofTThi#ej States addressed sent as fforesaid Y Maintained receptadekrthedetresil 19 4' : Ra\E ICJ mall be kept all or shall be caused to be ktept m siwhichh s y accuratelytransactions and other matt relating t �y shall be entered r uhf completeness,Aiacr�atomery. nszau it g to the oampatry} ss 1)98_ .7msttcl - aully nd books aad`recorxi�Cahall;e ��esof�ii�� consistently applied: The books and a with generally accepted acco�imn � s office of the.C, .shall at all thne ber . . g principles duty rued cnthleinspestonauours ..•;. or their Y autho ` te'the�as _ . '. a1�cucive "vaes durin .. tf tea4onable htrsinesa pouts. 1Q.3 of in Fawa. Phis Operating. terP1e.10.3 hAm s g ent, and, the ands eci hall`bc overnedexclusivefybyitsterms aPPt rows, P fically.the.IowaAct andbythe.lawaoFthe5tateofTowa 10.4 F�uec 'on of A i r rietn""""r . Each Member hereby agrees to execute statements of interest and holdings, designations, pe ow ex such other and further sta �-ntles or regulations. rs of attorney and other instruments necessary to comply with any laws urrainTairiefer whent quire-bythe�context,the ameshallsmgna umberisusedinthisOperaun the feminine and neuter genders plural,and the masculine gender shrearncI de and vice versa. -19- . V 91, Rum& Go,LC. 10.6 Headinss. The headings in this are inserted for convenience only-and are in no way iatendedtodescribe,interpret defitre,(think the scope,extentoaiar nfth "^ or any provision hereof. ttateeinent c 4 . 10a=-,a,Waivera; The failure of anx.pa;`ty to seek>�,for vie1atiartof d€tainsist upoi the strict performance,of any covenant orcorid`ition of this Operating Agreement sha$'not preve7. nt a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. 10.8 Rights and Remedies Cumulative. Theri can .-exi lies provided by this Ag emea4anp dative suite rise telly one retried by any de• Y Y party shall not preclude or waive the right to use any or all other remedies. Said fight&amd remedies are given in addition to any other rights the parties may have by law, statute,oiiinaiice or otherwise. 10.9 Severability. ,Ifany prel,tsiotrof'tlhs ng Agreement or the application thereof to any parson-or circumstance shall be invand,,d1egal oc - thiftmainder of this aP13tJ tion.thenso€s40l- a re oireeage to the f`ille t.ely enspa of b Allot;Saccessors aaf?lhaigns, Etch and alLetitbe coax rams,tee;provtsxons and ed'SFrall'be biudingiiponanduurrtto tE b ^on lfe 'tttb and; to.the enteerpennrtted by°tlrrs"Operritt*A—emit„their tespectigtheirtactettel: epte 10.11 Creditors. None of the provisiops of this, 13e forth!benefit artsenixnacabletyant i tor`-o€the C Xp .. 4/12 €otaerparta. Tits' at ngrAg m at.t ,lktx ited;,n pas., each of" which sha bedeemedk an•orf bal all"of whrrb ahn1L i aa�th��tt h 1 Q.13 ,Bathe AC,gteensenI. *irks 7temto a t,alb ectha antfagt'eeM is aetpforts.rmadcbetweetr them are merged in this Offing went which'alone May and completely expresses their agreement with respect to the subject matter hereof. There are no promises, agreements, conditions, understandings, warranties, orreplaseatatien4oral or written, express or implied;among the patties hereto,Other than as setfoedrimhisOperating-4greement and the Articles:.,-.411 prior agreements among the parties are superseded by this Operating Agreement, which integrates all promises, agreements, conditions, and understandings among the parties with respect to the Company and its property. - - 10.14 Non-Disclosure of Coifdential Disclosure, Each of theMembers acknowledge and agree that each will be contributingproprietarvinfotmationfor se by heCorn❑ ny F agreecrhnr _ k. e specific-business-purposes-of theC-ompany-and for no other purpose. In no event shall a Member utilize any proprietary information provided by another Member for his own personal gain. -20- I0.15 Facsimile. For Kum & Go,L.C. shall be deemed as purposes of executingg effective as an actual this Operating Ae°reeluent a facsimile signature signature o SCHEDULE A laid Voting percent " Common " •, ., ., No ownership Percent immunitiisas 2 J. Krauael-98.75% -Cram B Votin. Common Unit 7imam uncemz21, ,I, tan 6790 Sal � Yes B Casa Vatin_ Common Units 10 0 .0.870% 01 TOTAL CraZIEgrams No_ t_ Cla00% motin• Common Unix 90.000 9.10% 99.120% XXJQ(X 100.0000% NOTE: It should be noted that imme Common U ' diately prior to the effective date of this document 30,000 Class C Non-Voting Common Units held a J.heldb Solar Transport Company and 30.000 Class C Non-Voting Solar Transport Company was merged into Krause. se Contemporaneous Inc. and the K effective date of this contributed document,to Krause Holdings.Inc. in exchan cgs. din Inc. inle I. Krause rred exchange his units pursuant to Section 351 of the Internal revenue Krause Holdings' c. a tax deferred e. CERTIFICATE The undersigned hereby agrees, acknowledges, and Agreement, consisting of 22 � certifies that the foregoing constitutes of January Agreement �& GO,LSchedule C but adopted b the the Table of Contents,Company uary 1, 2004. by Me of the William A. Krause Kyle . , e KRAUSE HOLDINGS, INC. Kyl - Kraus . sident -21- /` fi ASSIGNMENT AND BILL OF SALE This instrument is given pursuant to that one certain Agreement dated December 23, 2003, by and among the parties identified below. Any capitalized terms used herein and not otherwise • defined shall have the same meaning ascribed to them in the Agreement, which is incorporated herein by this reference. KNOW ALL PERSONS BY THESE PRESENTS: That,KRAUSE GENTLE CORPORATION("Seller"),for and in the consideration of One Dollar(S1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has bargained and sold and by these presents does hereby GRANT,SELL, ASSIGN, TRANSFER, CONVEY and set over unto KUM&GO,LC., an Iowa limited liability company("Buyer"), all of its right, title and interest in and to the following assets associated with the Stores, to-wit: All furniture,fixtures,equipment,contract rights,goodwill, era1 ntangibles and other property used or intended for use in connection with the operation of each Store, including, but not limited to: (i) all computers and POS systems; (ii) appliances, food service equipment, and coolers,refrigeration equipment and compressors; (iii}all shelving, raignage; (iv) all tanks,lines,pumps and systems relating thereto;(v) all supplies and materials held for use or consumption(vi) franchise rights with quick service restaurants and others; (vii)all rental or leasehold agreements wherein Seiler is the lessor, and other forms of income streams identified with each Store; (viii) all Intellectual Property; and (ix) all computer rights programs,computer software and software TO HAVE AND TO HOLD unto Bu yer, its successors and assigns. Seller represents,warrants and covenants that all of the assets,whether tangible or intangible, are being delivered free and clear of all liabilities,obligations,liens and encumbrances whatsoever, except for any Assumed Obligations (as defined in the Agreement). This instrument shall be construed and enforced in accordance with the laws and public policies of the State of Iowa This instrument may be executed in two or more counterparts,each of which shall be deemed an original but all of which taken together shall constitute one and the same instrument. In addition, for purposes of executing this instrument, a facsimile signature shall be deemed as effective as an actual signature. r. a . _ IN WITNESS WHEREOF, the Seller has cawd tac etSAP r�P executed on or as of the 1st day of January, 2004. KRAUSE ORPORATION KUlb1 & GO, L.C. By. By Its: Its: LaBN1l�cse DEC-31-2003 WED 03:52 PM KRAUSE GENTLE CORP. FAX NO, 15152239370 P. 03 # • N I RESTATED ARTICLES OF ORGANIZATION l OF 1153 KUM & GO, L.C. ryi TO: THE SECRETARY OF STATE OF THE STATE OF IOWA Pursuant to Section 1102 of the Iowa Limited Liability Company Act,the undersigned adopts's' the following Restated Articles of Organization for the company: ARTICLE I. NAME The name of the limited liability company is IKUM&GO,L.C. (the "Company"). ARTICLE A. ,REGISTERED OFFICE AND REGISTERED AGENT The street address of the Company's current registered office in the State of Iowa is 6400 Westown Parkway,West Des Moines,Iowa 50266,andthe name of its current registered agent at said address is James I. Brandt. ARTICLE III. PRINCIPAL OFFICE The street address of the Company's principal office is 6400 Westown Parkway,West Des Moines,Iowa 50266. ARTICLE IV. PERIOD OF DURATION The period of the Company's existence shall be perpetual. !!!11_2003 WED 03:52 PM KRAUSE GENTLE CORP. FAX NO. 15152239370 P. 04 ARTICLE V. MANAGER MANAGED The business and affairs of the Company shall be governed by managers elected by the members in the manner described in the Company's operating agreement. ARTICLE VI. , NON-LIABELITY AND INDEMNIFICATION A. A manager of this Company shall not be personally liable to the Company or its members for monetary damages for broach of fiduciary duty as a manager,except for liability(i)for any breach of the manager's duty of loyalty to the Company or its members,(ii)for acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law,(iii) for a transaction from which the manager derived an improper personal benefit or a wrongful distribution in violation of Section 807 of the Iowa Limited Liability Company Act. B. Each person who is or was a manager of the Company(and the heirs,executors,personal representatives, administrators,or successors of such person) who was or is made a party to, or is involved in any threatened,pending or completed action,suit or proceedin g,whether civil,criminal, administrative or investigative, by reason of the fact that such person is or was a manger of the Company or is or was serving at the request of the Company as a manager,director,officer,partner, trustee.employee or agent of another limited liability company,corporation,partnership,joint venture, trust,employee benefit plan or other enterprise("Indemnitee"),shall be indemnified and held harmless by the Company to the fullest extent permitted by applicable law,as the same exists or may hereafter be amended. In addition to the indemnification conferred in this Article,the Indemnitee shall also be entitled to have paiddirectlyby the Company the expenses reasonably incurred in defending any such proceeding against such Indemnitee in advance of its final disposition,to the fullest extent authorized-2- ! ;AS l••' DEC-31-2003 WED 03:52 PH KRAUSE GENTLE CORP. FAR NO, 15152239370 P. 05 by applicable law, as the same exists or may hereafter be amended. The right to indemnification conferred in this Article shall be a contract right. C. The Company may, by action of the managers,provide indemnification to such of the officers,employees and agents of the Company to such extent and to such effect as the managers shall determine to be appropriate and authorized by applicable law. D. The rights and authority conferred in this Article shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the articles of organization or operating agreement of the Company,agreement,vote of members or disinterested managers, or otherwise. E. Any repeal or amendment of this Article by the members of the Company shall not adversely affect any right or protection of a manager or officer existing at the time of such repeal or amendment. ARTICLE VII. EFFECTIVE DATE AND TIME The effective date and time of this instrument shall be January 1,2004,at 12:01 a.m.,Central Standard Time. ARTICLE VIII. SUPERSEDES ORIGINAL AND ALL AMENDMENTS The duly adopted Restated Articles of Organization set forth herein supersede the original Articles of Organization and all amendments to them. -3- DEC-31-2003 WED 03;52 PM KRAUSE GENTLE CORP, FAX NO, 15152239370 P. OS ARTICLE 1X. CERTIFICATE OF ADOPTION The Restated Articles of Organization were duly adopted by the members and the managers of the Company on December 31,2003. IN'WITNESS WHEREOF,the undersigned has caused this instrument to be executed on this 31st day of December, 2003. KUM& GO, L.C. By: h .. <I I es es I.Wendt, Its Secretary/Manager FILED IOWA SECRETARY OF STATE r h7 s W368271 to-Pi_ i Ilou NOTICE DOCKET #2009-56 Pursuant to the liquor laws of the State of Colorado, Kum & Go, LC, dba Kum & Go #913, 13799 Pacific Circle, Mead, Colorado 80504 has requested the licensing officials of Weld County, Colorado, to grant a 3.2 Percent Beer Retail License, for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, in sealed containers not for consumption at place where sold. DATE OF APPLICATION: July 27, 2009 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: LEGAL DESCRIPTION: All of Sections 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, all in Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado The public hearing on said license will be held in the Chambers of the Board of County Commissioners of Weld County Colorado,Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado 80631, on September 14, 2009, at 9:00 a.m. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act,if you require special accommodations in order to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. Petitions and remonstrances may be filed in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 25, 2009 PUBLISHED: August 27, 2009, in the Windsor Beacon Account#: 346067 Your Local Newspaper Since 1896 Windsor Beacon STATE OF COLORADO ) ss:AFFIDAVIT OF PUBLICATION COUNTY OF WELD NOTICE DOCKET#2009-56 Pursuant to the liquor laws of the State of Col- orado, Kum &Go, LC,dba Kum&Go#913. 13799 Pacific Circle, Mead, Coorade 80504 Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Count Coped d the hto lgricensing nt 3.2cP Js of Beer d Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and Retail License,for the sale of fermented matt published in the town of Windsor, in said county and state; that the notice or advertisement, of beverages,containing not more than 3.2%of alcohol by weight,in sealed containers not for which the annexed is a true copy,has been published in said weekly newspaper for consumption at place where sold. DATE OF APPUCATION: July 27,2009 1 Week; The Board of County Commissioners of Weld County,Coorado,has declared that the neigh- borhood to be served viii be as folows: LEGALthat the notice waspublished in the regular and entire issue of every number of said newspaper LEGAL DESCRIPTION: NI of Sections 13,14, g 15,16,21,22,23,24,25,26,27,28,33,34,35, during the period and time of publication of said notice, and in the newspaper proper and not in a and 36, all in Township 3 North, Range 68 West of the 6th P.M.,Web County,Colorado supplement thereof; that the first publication of said notice was contained in the issue of said The public hearing on said license will be held newspaper on in the Chambers of the Board of County Com- missioners of Weld County Colorado, Weld Thursday,August 27,2009 County Centennial Center, 915 10th Street, First Floor,Greeley,Colorado 80631,on Sep- tember14,2009.at 9:00 a.m. that the last publication thereof was contained in the issue of said newspaper on If a court reporter's desired,please advise the Clerk to the Board,in unit.,at least five days prior to the hearing. The cost of engaging a Thursday,August 27,2009 court reporter shall be home by the requesting party. In accordance with the Americans with Disabilities Act, if you require vial accom- that said Windsor Beacon has been published continuously and uninterruptedly during the period motlatbns in order to participate in this hear- of at least six months nextprior to the first publication of said notice or advertisement above ing,please contact the Clerk to the Board's Of- fice fice at(970)336-7215,Extension 4226,prior to referred to; that said newspaper has been admitted to the United States mails as second-class matter the day of the hearing. Petitions and remonstrances may be Ned in under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said the office of the Clerk to the Board Weld County newspaper is a daily newspaper qualified for publishing legal notices and advertisements Commissioners, located in the C(-flintyduly g Centennial Center,915 10th Street,Third Roar, within the meaning of the laws of the State of Colorado. Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be /— Eincluded in the re file. To ensurethe asien eof . f your a-Mall a yto eg a Into case file. // please send a copy to egesbkOco.weld.co.us. / ' BOARD OF COUNTY COMMISSIONERS e1� g, WELD COUNTY,COLORADO G' DATED: August 25,2009 PUBUSHED: August 27,2009,in the Windsor Legal Clerk Beacon 0034141238 Subscribed and sworn to before me,within the County of Weld, State of Colorado this ovall111111O/ Wednesday,August 26,2009 vPWN'C�ti2My Commission expires: py/077a/o a• t.,OT.lgy •&s 9N /2�� - • 5r- . '°UBL�0 •,0�• Notary Public'Ill.e0F C0` V" Legal No.0034141238 M1111#11111111O • Delivered to: Invoice Text NOTICE DOCKET#2009-56 Pursuant t WELD COUNTY CLERK TO THE BOARD, 915 10TH ST Affidavit Prepared GREELEY,CO 80631-1117 Wednesday,August 26,21 2:09 pm II •3 . t III r -I � r r .+ � -� t c tea- = ♦ a .. .4 a _ _ - _ - � .- • ' fill Lot 1 . I ilk!ft TN:fir n PUZ,V.NT TO T1& i_ li,,., LAWS , OF COUVIADO .3 1k11A ' C-u) 1 " • Art ,m ' C Kt, ,• LI I Ato Wei1;t.,1 , . ' ♦, r,.. li We '' -' Mutt- 3 ..; gale l HAS Ft . iSTED TIE LICEVINO OFF11A1S ► ._ _1 .`:‘I,."., ' . `, h4ade/ L ICIAI E 11 $ : , ' , i ti [ ..' e, NL*A$o ON APPLIC.AT1ON TO BE HELD Al: iki,i C^t Cdn e (seer 1 int ftw licarriPtrol TM AND BATE -Yj ; rrr a lit y 1' n, gtOdtNI DATE OF APPLUCAT1011.,1 .4p . 20Oi - In BY ORDER OF: :R;. I,i I,,!i tad ,'fCm t - °IRV: rya ii jinn Omni ,in At It GIL Ja t ,,IIf utra, , SI sIMPIPIEN Ando - , it . li EXHIBIT BOARD OF COUNTY COMMISSIONERS WI p' PHONE (970) 336-7204, EXT.4200 FAX: (970) 352-0242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO September 9, 2009 Kum & Go LC dba Kum & Go #913 6400 Westown Parkway West Des Moines, Iowa 50266-9857 RE: Report of Investigation for Colorado Liquor License Application - Kum & Go#913 Dear Kum & Go LC: On September 8, 2009, I traveled to the proposed licensed premises known as Kum & Go#913, located at 13799 Pacific Circle, Mead, Colorado 80504. While there I made an on-site inspection regarding the Liquor License Application filed. The application is for a 3.2 Percent Beer Retail Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on September 14, 2009, at 9:00 a.m. My inspection revealed the following: 1. The proposed licensed premises is not directly connected to a different licensed premises. Section 12-47-301(3)(a), C.R.S. 2. The diagram of the proposed licensed premises is correct. Section 12-47-309(3), C.R.S. 3. There are no other 3.2 Percent Beer Retail liquor licensed premises in the neighborhood. 4. The sign noticing the place, date, and time of the hearing for the liquor license application was posted by the applicant in such a manner that the notice was conspicuous and plainly visible to the public, when I was there at approximately 3:30 p.m. on September 8, 2009. 5. There are no public or parochial schools, or principal campus of any college, university, or seminary within 500 feet of the proposed licensed premises. Section 12-47-313(1)(d)(I), C.R.S. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Douglas Rayfemacher, Corn ssioner cc: Bruce Barker, County Attorney 0 MEMORANDUM TO: JENNY VANEGDOM,CTB D FROM: DAN JOSEPH ENVIRONMENTAL HEALTH C SUBJECT: LIQUOR LICENSE SERVICE INQUIRY COLORADO DATE: SEPTEMBER 3, 2009 CC: CINDY SALAZAR; SARA EVANS In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for Kum & Go #913, located at 13799 Pacific Circle, Mead, Colorado. At this time of this memo the facility does not currently have a Retail Food Establishment License, however the facility has submitted the required paper work and the Department has scheduled the pre-opening (licensing) inspection for September 16, 2009. The Department does not anticipate there being any issues (based on recent pre- opening inspections of other facilities). 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 To: Jenny VanEgdom, Deputy Clerk to the Board August 21, 2009 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services ilk Subject: LC0051 COLORADO Review of the following liquor license application by the Department of Planning Services shows the following: Kum & Go, LC dba Kum &Go#913 13799 Pacific Circle Mead, CO 80504 Zone District: PUD, C-3/ 1-1 (Z-555) Legal Description: Lot 1, Lyons 66 Pacific Commerce Park, Weld County, Colorado Property Owner: Ashworth at 60th LC 6400 Westown Pkwy West Des Moines, IA 50266 This site is situated within the Mixed Use Development (MUD) area and is part of the Lyons 66 Pacific Commerce Park Subdivision. This use is permitted through an amended Site Plan Review (AmSPR-394) permit. No violations are occurring on the property at this time. There are several building permits in the process(not completed): BCR09-00121 (Issued)—3392 sq ft Commercial Building for retail convenience store—wood frame on slab w/ brick veneer—includes one women&one men restrooms w/3 water closets each,service area, food service area, shelving display area w/coolers & all utilities ((02/20/09)) BCR09-00210 (Issued)-4032 sq ft Structural steel canopy over fuel island/gas pumps for commercial retail convenience store—electric included ((03/17/09)) BCR09-00552(In Review)-2.5'X11'X12' Illuminated monument sign—brick foundation—double face name sign is fabricated aluminum casing w/ pan-formed lexan face & embossed graphics &fluorescent lamps— pricing sign is extruded aluminum cabinet w/ clear lexan face & fluorescent lamps — electric included ((07/23/09)) BCR09-00553(In Review)-Two 5'X11'oval illuminated wall mounted signs—fabricated aluminum casing w/ pan-formed lexan faces&embossed graphics&fluorescent lamps and one 4'X8'oval illuminated canopy sign —fabricated aluminum casing w/pan-formed lexan faces&embossed graphics&fluorescent lamps—electric included ((07/23/09)) SERVICE,TEAMWORK,INTEGRITY,QUALITY MEMORANDUM Pfli r t.�'s 1 TO: Community Resource Officer, District 2, August 20, 2009 Sheriff's Office Vi`�� COLORADO FROM: Jenny VanEgdom, Deputy Clerk to the Board SUBJECT: Application for NEW Retail 3.2 Percent Beer License The following applicant has submitted an application for a New Retail 3.2 Percent Beer License, LC0051. We need any pertinent comments from your office by September 4, 2009, please. I will be sending a copy of the file to you through interoffice mail. New Applicant name: Kum & Go, LC dba Kum & Go #913 13799 Pacific Circle Mead, Colorado 80504 The hearing for the matter has been scheduled for September 14, 2009, in anticipation of an opening date scheduled for September 18, 2009. Thank you. MEMORANDUM It � TO: Bruce Barker August 20, 2009 inkFROM: Jenny Mgdom, Deputy Clerk to the Board COLORADO SUBJECT: NEW Liquor License Application Attached is a copy of the License Application for a New 3.2 Percent Beer License and subsequent documents. Kum & Go, LC, dba Kum & Go #913 is seeking a new license for a convenience store being constructed at 13799 Pacific Circle, Mead, Colorado 80504. Please review the application and return with comments. The applicant has indicated that all of the Officers/Directors have been recently been added to the Master File maintained by the State, therefore, fingerprint verification will be completed by the State, and not through our office. Since it is an application for a 3.2 Percent Beer License, the applicant is not required to register the manager; however, her information has been included for the file. The applicant has requested a Concurrent Review of the matter, which was approved by the Board on August 10, 2009, and the application has been sent to the State for review. The neighborhood for the establishment was also designated on August 10, 2009, and Commissioner Rademacher has been designated to complete an on-site inspection. The hearing for the matter has been scheduled for September 14, 2009, in anticipation of an opening date scheduled for September 18, 2009. 1959 • 2009 5rn5o 50th Anniversary Weld County Clerk to the Board Attn Jennifer Vanegdom 915 10th Street PO Box 758 Greeley, CO 80631 Dear Jennifer Our newest location Kum & Go # 913 located at 13799 Pacific Circle, Mead, CO 80504 is under construction scheduled to open sometime in September. We are applying for a 3.2 beer license for this location. I wanted to go over some question you may have. 1. We have a master file with the State of CO. I added this store before they change the application this year that is why the fee is not included with the application. 2. Kyle Krause is the only one I have on the master file. Kum & Go LC is owned by Krause Holdings which is in turn owned by Kyle Krause. I have included background information on all of the Officers of the company. 3. One of the Background letters for Kyle was mailed directly to your office instead of here to be included with the application. 4. All constructions and operating cost will be paid from our Kum & Go main Checking account we do not have a local bank set up we will do that when we get closer to opening. 5. I included with the floor plan a site plan that shows the area around the actual building sometimes this is helpful. Please contact me if there is any additional information that you will need to for this application. Sincerely Lori Miller Licensing Specalist Phone (515) 457-6164 Fax (515) 457-0159 lamkumandqo.com 6400 WESTOWN PARKWAY WEST DES MOINES, IOWA 50266-9857 1 515-226-01281 FAX 515-226-09951 www.kumandgo.com Jennifer VanEgdom From: Kelly Pietrs [kpietrs@comcast.net] Sent: Monday, September 07, 2009 11:54 AM To: Jennifer VanEgdom Cc: 'Lori Miller' Subject: RE: Kum & Go Boundaries Attachments: MEAD kum &go.DOC Hi Jennifer: I am attaching a copy of the Summary Report detailing the results and methods for the petitioning services Esquire Petitioning Services provided for Kum &Go Store 913. I have mailed the petitions and the report to you by Federal Express, so you should receive it by Wed., 9/9, a full week prior to the date of the hearing. I know you said there were no written requirements, but at least this should give you, or your staff, the opportunity to review the signatures and the results. We tried our best to reach all adult inhabitants in the designated neighborhood. As you know, the area is quite sparse with residents and businesses. Please call me if you have any questions or concerns. I look forward to meeting you at the hearing. Thanks! Sincerely, Kelly B. Pietrs 2792 S. Race Street Denver,CO 80210 Telephone: 303-331-8600 Facsimile: 303-331-9048 1 ESQUIRE PETITIONING SERVICES, LLC Liquor Licensing Specialists 2792 South Race Street Denver, Colorado 80210 Telephone: (303)331-8600 Facsimile: (303)331-9048 kpietrs@comcast.net September 7, 2009 To: Weld County Liquor Licensing Authority Re: Summary report of petition circulation methods and results in the application for a 3.2% Beer Off-Premises License Applicant: Kum &Go, LLC. Trade Name: Kum & Go Store 913 Proposed Location: 13799 Pacific Circle Mead, Colorado Methods: 1. The petition circulation was conducted under the control of Esquire Petitioning Services, L.L.C. ("Esquire"). 2. Circulators were driven to the proposed site and became familiar with the Applicant's proposed location. 3. The petitions were pre-filed pursuant to the Licensing Authority's local rules. 4. Esquire prepared all of the petition circulation materials. Each circulator carried a clipboard and petition packet consisting of the following: a. a map of the designated neighborhood with neighborhood boundaries outlined and the proposed location of the outlet denoted by an "X"; b. a petition cover sheet stating the Applicant's name, trade name, proposed location, type of license application, and the qualifications for signing the petition; and the time, date, and location of the public hearing; c. signature sheets that provided eligible persons the opportunity to sign the petition in support of, or in opposition to, the application; and d. data sheets on which to record all responses by address. 5. The circulators were instructed as follows: a. to state the petition being circulated concerned the application for a 3.2% Beer Off-Premises License for Kum & Go Store # 913; b. to present the map of the designated neighborhood and to describe the address of the proposed location; c. to review the qualifications for signing the petition and the petition issue; d. to provide eligible persons the opportunity to sign the petition in support of, or in opposition to, the application; e. to witness all signatures; and f. to record, by address, all responses on the data sheet. RESULTS: 1. Overview of Petition Results: --Total door knocks* 231** --Signatures on the petition: 119 --Persons who declined to sign the petition: 16 --Ineligible contacts: (Younger than 21; non- 18 resident; non-English speaking; not the owner or manager of the business) --No answer to the door knock: 83 --Signatures deleted: 1 * The total number of door knocks may not be equal to the sum of the eligible contacts, the ineligible contacts and the no answers due to signatures by more than one person at a residence or business. **Esquire attempted to contact all residents and business in the designated neighborhood. 2. Response of Eligible Contacts: Totals: Percentage of persons who signed: a. Signatures supporting issuance: Residents: 46 38.7% Business Owners/Managers: 67 56.3% TOTAL: 113 95.0% b. Signatures opposing issuance: Residents: 3 2.5% Business Owners/Managers: 3 2.5% TOTAL: 6 5.0% c. Reasons stated for opposing the issuance of the license: Sufficient number of outlets: 2 1.7% Abhorrence to alcohol: 0 0.0% May increase drinking& driving: 3 2.5% Other/No reason stated: 1 0.8% TOTAL 6 5.0% d. Results analyzed on a needs and desires basis: Totals: % needs & desires: Those who signed in support of the license because they desired the license to issue because the existing outlets are not sufficient to meet the needs of the neighborhood: 113 98% Those who signed in opposition to the license because they did not desire the license to issue because the existing outlets are sufficient to meet the needs of the neighborhood: 2 2% Total: 115 100% e. Reasons stated for not signing petition: Preferred to remain neutral: 2 No interest in application: 9 Would not sign any petition: 0 Does not drink: 0 Too busy: 4 Against corporate policy: 0 Other/No reason stated: 1 TOTAL: 16 Prepared by Kelly B. Pietrs Esquire Petitioning Services, LLC Tuesday,August 04, 2009 Jennifer Vandegdom Clerk to the Board's Office Weld County 915 10"' Street Greeley, CO 80632 RE: Request for Concurrent Review!New License Application Kum &Go LC dba Kum &Go#913 13799 Pacific Circle Mead, CO 80504 Dear Jennifer. By this application; I am requesting that you forward the above-mentioned application to the State for concurrent review. I appreciate your cooperation. Please do not hesitate to contact me If you have any questions concerning this license application. PERMISSION GIVEN FOR THIS APPLICATION Sincerely TO BE FORWARDED TO THE STATE LIQUOR LICENSING DIVISION FOR CONCURRENT REVIEW Lori Miller BY: 1 ' ouglas Rademach r Licensing Specialist Chair Pro-Tem, Bo rd of County Commissioner Phone (515)457-6184 Fax (515)457-0159 DATE: 8/10/2009 lane kumandao.conl Concenf C'b65/ 081/a i 2009-2043 ESQUIRE PETITIONING SERVICES, LLC 2792 South Race Street Denver, Colorado 80210 Telephone: (303)331-8600 Facsimile: (303)331-9048 kpietrs(kcomcast.net September 7, 2009 Jennifer Vanegdom Via Federal Express Clerk to the Board, Weld County Liquor Licensing Authority 915 10th Street Greeley, CO 80631 RE: Petitions concerning the application for a 3.2%Beer- Off Premises Fermented Malt Beverage License for Kum & Go,LLC dba Boston Kum & Go, #913 Dear Ms. Vanegdom, Enclosed for filing are two (2) sets of petitions concerning_the application for a new License filed on behalf of Kum & Go, LLC. Attached to the petitions are notarized Affidavits of the circulators,the Warning sheet and a map of the designated neighborhood that each circulator had attached to his/her petitions. We are pre-filing the petitions today for the hearing scheduled for September 14, 2009. I am also a copy of the Summary Report detailing the petitioning results. Please pre-file these petitions. Thank you so much. I look forward to meeting you on September 14, 2009. Sincerely, • Kelly B. Pietrs • AFFIDAVIT I, al, 0,k,,A r\c I IS , being over the age of twenty-one years and being first duly sworn upon oath, depose and state: I was the circulator of the petition attached hereto and further assert that I personally witnessed the placing of each signature on the attached petition and that each signature is the signature of the person whose name it purports to be. Additionally, every individual who signed the attached petition represented himself or herself to be over the age of twenty-one (21) and is either a resident or the owner or manager of a business in the neighborhood designated as the immediately affected area. Further, every signer of the attached petition was given the opportunity to read, or had read to them, the petition in its entirety. Finally, every signer was given the opportunity to sign in support or in opposition to the application and understood the nature of the petition, and thereby freely and voluntarily signed such petition without the employment of any promises,threats, force or inducements. T i 442 T 1*OTAR ` CIRCULATOR *` P• UBLIC •: , o• rrExpir.i.,"'`J2 '�,_. Subscribed and sworn to before me this day of L.L L„) . , 2009. NOTARY PUBLIC My commission expires: June 2, 2012 • -,L47z14,,,ccww1/41-k___ a___,3 0, lBmm rr et fit' !i , mots 3s al 32 X34; t t T o r rtd Omer' CO iitsthi •D cottcd n ?d .� � 13 9Gt 4:65:1J* Poster 13 kno rare (Heron Restive Reasiose .4v 24 A Pr a • Stitt Pea 3. 2C?3 ","Cluevl n 61np prstp P 2009 NAVTEO a lrlrkFm. a . MAP OF THE DESIGNATED NEIGHBORHOOD CONCERNING THE APPLICATION FOR A 3.2% BEER OFF-PREMISES LICENSE Applicant: ICUM & GO, LLC Trade Name: KUM & GO, STORE 913 Location: 13799 PACIFIC CIRCLE MEAD, CO S- r" - a r i on- a5 ' C?\ aiAt is ► 1 MAPQyEST Eat: t ' bairn Ave Dillingham Ave"7" Dillingham Ave „ IDE :3azio 1200 ft s (North upwr 34. 1 ek, V w r d1 �� Y a r3 yr W `p: Mt Vtevr Dr ��`t C2 ANA `W0tO al c n Ic(➢ s Adams Ave, 32 ...MA g" ts ® utligan a a �1 4 '441-5% -5% N Valley Dr E [s.5 T s wlley Dr ET Co-66 -- - I 30. 1 = HKlhland Dt rp- puberty ;143 a l• I N Valley Dr n 4 I a (Rio ' Valley Dr SQ 1. Lij - Co-66 rn 9 MaPOuest Inc. Bridle Dr Highland Ile vt u_ rt +�'H+no wt•vrc^ ra,.anM Poster ,n -� °"gyMaps- g E _,,--,,, t a, . att. 3 Cs "3e-. 0( 1124000 It I 34- er ve ea __ - • r a n I ‘ ,.. 9 Nit& Pi to 3,4 M1 weld Owe ice mail Road 13 ici 5 A Ora] 16(30. T6G 3C: - --- — - - X_--.• ff �a I -.1 Lle . Ar I 22 f ,na..o.. Ana 24 n AV •� - - _• -- - " 7005 Matta ire( Inc Map Gate C•2009 NAV TEO a TeleAtf,rt • • MAP OF THE DESIGNATED NEIGHBORHOOD CONCERNING THE APPLICATION FOR A 3.2% BEER OFF-PREMISES LICENSE Applicant: KUM & GO, LLC Trade Name: KUM & GO, STORE 913 Location: 13799 PACIFIC CIRCLE MEAD, CO PETITION CONCERNING A 3.2% BEER OFF-PREMISES LICENSE Applicant: KUM& GO, LLC Trade Name: KUM & GO,STORE 913 Proposed Location: 13799 PACIFIC CIRCLE MEAD, COLORADO Application For: - -"3.2% BEER- OFF-PREMISES LICENSE ****************************************************************************** Public Hearing before the Mead Board of County Commissioners Date: September 14,2009 Time: 9:00 a.m. Location: Centennial Building, Commissioners Hearing Room 91510° Street Greeley, CO ****************************************************************************** INSTRUCTIONS AND QUALIFICATIONS FOR SIGNING THIS PETITION: DO NOT SIGN THIS PETITION UNLESS: 1. You are at least 21 years of age. 2. You RESIDE within the defined neighborhood designated on the attached map. OR 3. If you do not reside within the defined neighborhood,you are the OWNER OR MANAGER of a business within the designated neighborhood. Please see attached map. 4. You sign your name only. Please sign your first name or first initial, middle name or middle initial (if appropriate) and last name in the presence of the petition circulator. No individual may sign for another individual. 5. You have not signed another petition concerning the same application. 6. You have read or had the opportunity to read the petition in its entirety and understand its meaning. ****************************************************************************** PETITION TO THE LOCAL LICENSING AUTHORITY ****************************************************************************** IF YOU SUPPORT THIS APPLICATION FOR A 3.2% BEER-OFF PREMISES LICENSE BECAUSE THE PRESENT OUTLETS ARE NOT SUFFICIENT TO MEET YOUR NEEDS,AND IT IS YOUR DESIRE THIS LICENSE BE ISSUED, PLEASE MARK AN "X" IN THE "SUPPORT" COLUMN. IF YOU OPPOSE THIS APPLICATION FOR A 3.2% BEER-OFF PREMISES LICENSE BECAUSE THE PRESENT OUTLETS ARE SUFFICIENT FOR YOUR NEEDS,AND IT IS YOUR DESIRE THIS LICENSE NOT BE ISSUED,PLEASE MARK AN "X" IN THE"OPPOSE" COLUMN. Esquire Petitioning Services, LLC PETITION CONCERNING 3.2% BEER-OFF PREMISES LIOUOR LICENSE ' APPLICANT: KUM&GO,LLC TRADE NAME: KUM&GO#913 PROPOSED LOCATION: 13799 PACIFIC CIRCLE,MEAD.CO The undersigned has read,or has had the opportunity to read,the petition in its entirety and understand its meaning. Date Signature Street Address(with apt.no.) Support Oppose Age Signed 1 t/ 99:0 gaz-c-v-- Wit' 17/0/78,14 y -3\ ' 0 t 2�..-4 S 7°) I Pe 1 i ce.,; Ste.ps Ch 3t (�°I tO x /aC, 3 4 illGL O c ) u17 5 OC mob-9 79 ig/.zy°f AD u c ,tx. 5 CI) ---(2- 4- D %��j lY 5 V.L.Q l 4 o l '3 o CjZ 1 I X x(o s1,2'91e9 6 ' Y',tn^-ns.,C1 7 .......g j au« 5-V7 S cti cpz 32 2y �' ....i\ARA9x116)AocibiL7 iiiic vU(2.. 37, ?(.i 9 n 9/4 n 2 ,$) Air. A/511 ‘.43 C-r 3 X. 35 y-i,Ylc 10 i\ - 2D:4"----- LkeL>- L%-)L-g, 3.f k �3 g 1a4k 11 4 .... _...---9 2799qc 34( Y--- Y(O_ Sr4O); 12 13 /- 40 ttiiyi 14 ice, t 995-1/ &Cie. S' X I/1 8/d9/op 15 2---- / C/771/43 t-) 7 A (i- "c. c 16 17 ILi`-s(v) c2 7 X 8-Einy 18 LIZ/ 7001 f��,.73 CC4.-F pp &L (Aa4 19 ^/ �� ,� //5 Alfryt --kcr Govt rd `K SD e:27,5, 7 20 I17 �cAi7,i, X Y7 4 21 L.Esquire Petitioning Services,LLC Page of 2 Circulator's Initials: PETITION CONCERNING 3.2%BEER-OFF PREMISES LIQUOR LICENSE APPLICANT: KUM&GO,LLC TRADE NAME: KUM&GO#913 PROPOSED LOCATION: 13799 PACIFIC CIRCLE,MEAD,CO The undersigned has read,or has had the opportunity to read,the petition in its entirety and understand its meaning. Date Signature Street Address(with apt. no.) Support Oppose Age Signed 1 Il`1 1-k/-A4-4 Es Cz'Q €VA. V 23 t(29vle 2 O1/:y 1t, i 174 }It„a.kevs Coav .d V ap Bl it k2- ttviTeS5-ti 7 ift •✓k' 4 € //- (7 //c rrt+e 15 (o o e ON \K 29? Pki'ce _5 _sit_ I? Nat .. ercAIC4c V a -t `cI - 6 6 0 C, i » ? -t-,m,-1),. ✓d ✓ 66 2127) • . 7 \,60:8 �© 2�� ✓141 7./x A �QSAAA; ?l,(.1Z5 1--(1kililiC{SCovcDr. \I 4-is 6tolii9 / a '-. 1,' 9 l376/ bite. //7 Z A 10 l j771/ l ✓r4,4.- w47 V r1 %5/', 115:51 /32W w� i 13471#1,24:j..40 v./ c$ 07/7/4 /3 f7 6E/146_w," ✓ 61 Of ,jam' / 14 15 16 17 18 19 20 21 Esquire Petitioning Services,LLC Page a.f 2- Circulator's Initials: ��/ /} AFFIDAVIT I, l' 0.,u, I J a;h , being over the age of twenty-one years and being first duly sworn upon oath, depose and state: I was the circulator of the petition attached hereto and further assert that I personally witnessed the placing of each signature on the attached petition and that each signature is the signature of the person whose name it purports to be. Additionally, every individual who signed the attached petition represented himself or herself to be over the age of twenty-one(21) and is either a resident or the owner or manager of a business in the neighborhood designated as the immediately affected area. Further, every signer of the attached petition was given the opportunity to read, or had read to them, the petition in its entirety. Finally, every signer was given the opportunity to sign in support or in opposition to the application and understood the nature of the petition, and thereby freely and voluntarily signed such petition without the employment of any promises, threats, force or inducements. L! CVIo`P NUJ Ihn Yi % CIRCULATOR :'NOTARY '`: �►oes :� 'er%'e'' ciz- vv to"of Subscribed and sworn to before me this day of C_.l. > , Ex 2009. 6 ( CHNOTARY PUBLIC My commission expires: June 2, 2012 AMAcQUEST. FairbairnAve al i�K DIIIIngham Dillingham Ave N -- - _ _ - r net n'tf‘at"' v: w 1 n I� 0. MAPNWES7- gx. �o I O\�, c` Ad1ms Avein . 32 d g N co Mt \t�,�t r7 g Adams �J - m1 . a ® u . Mulligan Dr s _ ��cH rri -qt. r hVaCeyDr g5': T 5 Valley Dr - E sth), . HAthiand Of tcte. ® n N Val 0Ub.rty 444 Pa - -- _ _ - - . - Q in- _ _ - — Li Highland Dr in I Ili D 2009 M apOuat Ina Wilk Dr u,.,r,. "and NSW OA n SeC5h � ,P HI 5:_e_c_40 O1 1 a i zi 26 .28; .. - -- - I-,- -i e _ - --I� ► �r_1 - r- lan0 m UAve • - _ —�_ 341 0l 1 2400 ft 3SL -- -- B_�, -34 s a 5 w . )1141. `,I gm g i i Leis 7 �x,cd Cbar+cf- co 1 goad 13oaid us -_ - . ---11 mm,�, . 6. 30 - �� 6 30}_- --= _ r i, ii 13 . ! lir i WAR 2 &: �j a ,j ` 4 24 , snout 0 . , . i NR) OE i .. . --- - - D - -- -'�__ Aar ^200? .tas{ tie-I :rc Map :341:1C2D09 NAVY EO N Tr+.•i.f..r. I. . . - __ O2CD9Ma,Ow.-1 ' Map Data CIZtnn..... .- _ ' MAP OF THE DESIGNATED NEIGHBORHOOD CONCERNING THE APPLICATION FOR A 3.2% BEER OFF-PREMISES LICENSE Applicant: KUM & GO, LLC Trade Name: KUM & GO, STORE 913 Location: 13799 PACIFIC CIRCLE ____---- MEAD, CO PETITION CONCERNING A 3.2% BEER OFF-PREMISES LICENSE Applicant: UM & GO,LLC Trade Name: UM & GO, STORE 913 Proposed Location: 13799 PACIFIC CIRCLE MEAD, COLORADO Application For: LW% BEER- OFF-PREMISES LICENSE Public Hearing before the Mead oard of County Commissioners Date: September 14, 09 Time: 9:00 a.m. N Location: Centennial Building\Commissioners Hearing Room 915 l0`" Street Greeley,CO ****************************************************************************** INSTRUCTIONS AND QUALIFICATIONS FOR SIGNING THIS PETITION:- DO NOT SIGN THIS PETITION UNLESS: 1. You are at least 21 years of age. 2. You RESIDE within the defined neighborhood designated on the attached map. OR 3. If you do not reside within the defined neighborhood, you are the OWNER OR MANAGER of a business within the designated neighborhood. Please see attached map. 4. You sign your name only. Please sign your first name or first initial,middle name or middle initial (if appropriate) and last name in the presence of the petition circulator. No individual may sign for another individual. 5. You have not signed another petition concerning the same application. 6. You have read or had the opportunity to read the petition in its entirety and understand its meaning. ****************************************************************************** PETITION TO THE LOCAL LICENSING AUTHORITY ****************************************************************************** IF YOU SUPPORT THIS APPLICATION FOR A 3.2% BEER- OFF PREMISES LICENSE BECAUSE THE PRESENT OUTLETS ARE NOT SUFFICIENT TO MEET YOUR NEEDS,AND IT IS YOUR DESIRE THIS LICENSE BE ISSUED,PLEASE MARK AN "X" IN THE "SUPPORT" COLUMN. IF YOU OPPOSE THIS APPLICATION FOR A 3.2% BEER-OFF PREMISES LICENSE BECAUSE THE PRESENT OUTLETS ARE SUFFICIENT FOR YOUR NEEDS,AND IT IS YOUR DESIRE THIS LICENSE NOT BE ISSUED,PLEASE MARK AN "X" IN THE "OPPOSE" COLUMN. Esquire Petitioning Services, LLC PETITION CONCERNING 3.2%BEER-OFF PREMISES LIQUOR LICENSE APPLICANT: KUM&GO,LLC TRADE NAME: KUM&GO#913 PROPOSED LOCATION: 13799 PACIFIC CIRCLE,MEAD.CO The undersigned has read,or has had the opportunity to read,the petition in its entirety and understand its meaning. Date Signature Street Address(with apt. no.) Support Oppose Age Signed . P•CA iii.A fi.C.--- `4s71zJe A 34 N / riftls %VI; fit. ,,z / r‘-i l33-bZkL13 / 5b8gley 4 / 5 \--- alp fir 0lcaY, ! -.� 4-7 P-47-lz? 7 ?Ilfr"- -/ ,�e/l�t�t/� /r/ ./21 y N r� `�' 9-11.• 01 8mil; �tiL v it_ 9 44 fe-CA..-0-, 16 -I pia-40 aq-- L.------ C 1- Wo.;-' �� Ata÷_____ )96 S 10 cQ,«. 113 mien . et . 52 a KA, 2 11 v� e t 1 17 illitCCaAt( Cf' ✓ lot— `1' 1 12 Jr" Th ` 13 IO 5�1� c-f /!� v /� �'(,S� �uL 147Th /33 5.40 L"( Si._5J-L,_. '11))0"iv--- Eizin 15 / 9-37) s C1 4 A . I vb-cfrJ Is 70 w.eM.�.gIQ,_iJql i S5 /zfrOf 16 < g,� p9 5...t rig- 13 w J- enotI f.. Jychn 1.,./ZhNL11C wANI V a� 17 S� 18 19 20 21 Esquire Petitioning Services,LLC Page ) of I Circulator's Initial 1%tZ2 AFFIDAVIT I, (0,k.. I C �1 L) 6;i , being over the age of twenty-one years and being first duly sworn upon oath, d8pose and state: I was the circulator of the petition attached hereto and further assert that I personally witnessed the placing of each signature on the attached petition and that each signature is the signature of the person whose name it purports to be. Additionally, every individual who signed the attached petition represented himself or herself to be over the age of twenty-one (21) and is either a resident or the owner or manager of a business in the neighborhood designated as the immediately affected area. Further, every signer of the attached petition was given the opportunity to read, or had read to them, the petition in its entirety. Finally, every signer was given the opportunity to sign in support or in opposition to the application and understood the nature of the petition, and thereby freely and voluntarily signed such petition without the employment of any promises,threats, force or inducements. o?�\,IY.PFT9,•,a 1 CIRCULATOR PUBLIC Subscribed and sworn to before me this <x 7 day of <O 2009. NOTARY PUBLIC 4-1 My commission expires: June 2, 2012 ito /ti..2A-Xli2A noy MAPQNEST. Fairbairn Ave01 i aa0 m Dillingha mAve Dillingham Ave I IW0 ft ' wispr Awe aecTr..* ira • w . n u s� o La C� c r \oc o MAP%HE91. - .� �� u. C y O�J� `` to Adams Ave 12. IF i Mt %he'w DrFE d r' Onhr tL. 7 1 g 4 h a I %.e. i321 MamsA l Z�c W '� n ii Ya Ill i • �J`#4, rn Mulligan Dr _ 41111 •F• I, 5 Valley O guI (Az Gialtar' Htghiand Dr x W Uba N Va �q�--t fa i '� 4. I Valley Dr g 7 Highland Dr m '5tCh tan 161O 20929 RQapQuest inc. Bridle Dr N L 41«. MM 'Iona NwV1: i 42.-ab an VIC:LP lfestar $ Reserreir I Cee."1-7-Are or F _ ---- 4: 6 amm 246pft �4. Welker Ave eaI . 34. ~ a 5 r• I1 _ In n 0 32 Y a cots jithi Road Ia 5 13ad 6•. 30 I Art. . Poi • 13 +ermAi ' t .C` i jp ii woo Ileacestka Anis ,s � 24 a v+ialr ' n a Parkreads sea n 2 S ann 2609 rfap-tinth, flap Data C20C9 NAV TEO (4 Trl.ut a., O 2009 MapOurr -.^.a Map Data D two..... ._- . MAP OF THE DESIGNATED NEIGHBORHOOD CONCERNING THE APPLICATION FOR A 3.2% BEER OFF-PREMISES LICENSE Applicant KUM & GO, LLC V Trade Name: KUM & GO, STORE 913 Location: 13799 PACIFIC CIRCLE 69,_ MEAD, CO O L .s ) AaS '5 OCI-) , jlVhi\ocyrrno - PETITION CONCERNING A 3.2% BEER OFF-PREMISES LICENSE Applicant: KUM & GO,LLC Trade Name: KUM & GO, STORE 913 Proposed Location: 13799 PACIFIC CIRCLE MEAD,COLORADO Application For: 3.2% BEER- OFF-PREMISES LICENSE Public Hearing before the Mead Board of County Commissioners Date: September 14,2009 Time: 9:00 a.m. Location: Centennial Building, Commissioners Hearing Room 91510`° Street Greeley, CO ****************************************************************************** INSTRUCTIONS AND QUALIFICATIONS FOR SIGNING THIS PETITION: DO NOT SIGN THIS PETITION UNLESS: 1. You are at least 21 years of age. 2. You RESIDE within the defined neighborhood designated on the attached map. OR 3. If you do not reside within the defined neighborhood,you are the OWNER OR MANAGER of a business within the designated neighborhood. Please see attached map. 4. You sign your name only. Please sign your first name or first initial, middle name or middle initial(if appropriate)and last name in the presence of the petition circulator. No individual may sign for another individual. 5. You have not signed another petition concerning the same application. 6. You have read or had the opportunity to read the petition in its entirety and understand its meaning. ****************************************************************************** PETITION TO THE LOCAL LICENSING AUTHORITY ****************************************************************************** IF YOU SUPPORT THIS APPLICATION FOR A 3.2% BEER-OFF PREMISES LICENSE BECAUSE THE PRESENT OUTLETS ARE NOT SUFFICIENT TO MEET YOUR NEEDS,AND IT IS YOUR DESIRE THIS LICENSE BE ISSUED, PLEASE MARK AN "X" IN THE "SUPPORT" COLUMN. IF YOU OPPOSE THIS APPLICATION FOR A 3.2% BEER- OFF PREMISES LICENSE BECAUSE THE PRESENT OUTLETS ARE SUFFICIENT FOR YOUR NEEDS,AND IT IS YOUR DESIRE THIS LICENSE NOT BE ISSUED,PLEASE MARK AN "X" IN THE "OPPOSE" COLUMN. Esquire Petitioning Services, LLC PETITION CONCERNING 3.2%BEER-OFF PREMISES LIQUOR LICENSE APPLICANT: KUM&GO,LLC TRADE NAME: KUM&GO#913 PROPOSED LOCATION: 13799 PACIFIC CIRCLE.MEAD,CO The undersigned has read,or has had the opportunity to read,the petition in its entirety and understand its meaning. Signature (First a d Last Name) Business Name and Date Msfeatc Street Addr s with Unit Number A Support Oppose Age Sig ed tr aaz �Z ' LA p es Tit r24 i t / Man er Own 43 ”-. leiwy ( 6-LoJ(Weicat l " /�4 Z n -cJt 4c4 nikt ?1/2(077 Manager Owner �s 13 SS/C4cn e e ad o f 4 1" ,A •1i0 --'n-PcpC0ufC ZyL 6'' J r� Cr �Si( Manager Owner / b JS U`QQ,�F a J /0{ anager A' Cj‘j rOwner \Y) J(`) 0 eel t 61 5), WiA, 6 . � A k L4 6 (tom_ ofrvr14,e4-t,____-_ Q), 5ecl Owner 7 f,� ��.j el B pullet &Litter"er f/ u Man�� Owne 13710 f c e(-e (Y / Z cf 8_ 1Z---:. ,----,'c+ «s76 / �f (-Mane weer /3,3-0 ,Cc-v.-9 C7‘. V 3(a 6716' \ 7 Q ,'vo. Colo /-4.44o".cur- fn.O0 gep-u C1— sa, gYaq a ana Owner Levi ei nem.j- to 5 Ptcz.acizes C o Or"(7zu6 z..c ( 3&2cc AEE2c CT. ✓ '/ , v½441 ger Owner Man caner 1 5S'JO D-2t,-.(-- Cr. 7- ! ia.¢lo( V3 . n. ':cxTML 1381.9 nceit4rOwnen a`/�3/°F 1 --/r)SCAVISCP-Sre-et%tua+- / $4 irtt Mme.;.: r q3‘3 , LI el, / ery,51 an• e er Alk14w54> Vc.j Ceti CM . .,/I y{ 333 FL CP ✓ 2F ebri �� er �ll 16 070Jkctlyv-- C tr S Manager er L13°t 1-tu.oe lo Lc) /31 O Manager Owner 61-29S (S (.0 / 18 —Sn SYSTEMS ` i r� i l Y T Mana er V 0' Owne' l is 0° NW si ✓ s r /'"O 4 19 r t a(`n(O ME* ST— ager a er >t kf dhltie/G V .e S ,S- ..%/ z i 4313a rive etc) S . , Q C Owner /y�al Uf /�d1 '� c...--- t� ) zl 47 Manager Owner Vt/t' -aS a n 11 J AC, Esquire Petitioning Services,LLC Page ' of Circulator's Initials: ≥ - Th4 €Vco /\uA3e fga torA,cf, Sl�5rvaku (, „c.,,- IAQ,luc, ?a 'r- CCuc PETITION CONCERNING 3.2% BEER-OFF PREMISES LIQUOR LICENSE APPLICANT: KUM&GO,LLC TRADE NAME: KUM&GO#913 PROPOSED LOCATION: 13799 PACIFIC CIRCLE,MEAD,CO The undersigned has read,or has had the opportunity to read,the petition in its entirety and understand its meaning. Signature (First and Last Name) Business Name and Date ('I :se s ck ink) Street Address ith Unit Number Support Oppose Age Signed (firkin '6surrnCwi ger Owner AM() Mk,, 4- 41 glib 0 9 1 e-)e u/u,t�sies .slifici-d)224 I_ Mana:er Owner /`t�'7 Ingo - \I& 69 �_ fire @hell&- ?-6 M g e / R )11.1itL St CSY2-44 /Q 5 oicJrcOb (TS lblrept5 LX (----claana er Manag ae�� pp � wner 7 kil33 �Pa. 'St �/ ,/'v p/- ("`� Morin .rK`c p .� ® yr,n nn. F,c(+n AFP\lane ✓-- � Manage/ Owner _sag \ p C. 1 CieManager �.,, 9c,67 s%�- c( ✓ 3-9 ��6 ion 9I4 'i(� / le- ,1'.,E �/ / S �g Manager e e/ VB6'e 6-; zt#/cy.Jr 10 'PQ(brain' -o anage ` 0 1Vr34, vtili. brila lar �� / �g Nil O' �1 f c-C Ca li)y'2v"�.roet_3� / p Zl y o[ J. trt+Lt ' Oa. 1/ 31 �l lo! Viana er Owner 12 6UTA-/7T-cn d? --/c'a-, alter A6�0'� -- 4740'9,-- �ov,- , el, (/ t c c•43P , sg f'1G-'mil anager Own y' -.J/, /�y�� Y, , tl175" /Thorn • aQ 7 (1411 1,4 e waer —'k , !_O ti��n a P-si G) C 0S0 1 17- 7-ndS" OY/'c -�mapi t.- Dr- r/ sa 8/24/p M alter er l b 71'••✓rr)-vvy Ca n s- p/ O Manager/ Owner "-on.�_,.,,IG4,p k� s� '� �7 � o j rr l(Jew ft /`�/�c2ttlr( e Owner *�3 "kat 32 /2/og rreego. F: re Pro te�'6n_1Ve/ z> g12cAi`j Mana:er Owner `1 0 Z 6/� m u /( : 7 g „ Dr •anaer 74L Qr4 . J-. k� ,/ /11'1146 fILtl( /, � !O( C 0 ' toC154ovt -- A tW .Vt-'1/32r (-F/ lLiv f 0Owner 21 7C,Sht je) 1' -69 Man Owner $75`e�l , -c r G Esquire Petitioning Services, LLC Page of'/ Circulator's Initials: PETITION CONCERNING 3.2% BEER-OFF PREMISES LIQUOR LICENSE APPLICANT: KUM&GO,LLC TRADE NAME: KUM&GO#913 PROPOSED LOCATION: 13799 PACIFIC CIRCLE,MEAD.CO The undersigned has read,or has had the opportunity to read,the petition in its entirety and understand its meaning. Signature (First and Last Name) Business Name and Date ,-Tease use black ink) Street Address with Unit Number Support Oppose Age Signed C24 0-iv'ri-A-A-"-"— .1 — I (t9(i %-% I VP Manager Owner J1 C • 2 Colo r Q.irAtw. C u ti�� moo// ' — `-W l S Cc...-clo F C2tcl c skc_w 4 ✓ \€ 11.R(, Manage caner` ) 3 / ' anagC , __ acv A 4 CC 3h-uc} c.. LLC J Owners 8 1(015 C" 4 C",jti2°70 , I tl j 07A �� p � Ero�ri Mf') Ste. �tag& �(Ihl(lvW f0G �l eitvµc ICY C•✓ ✓ 4-SO ��pI�Owner ) LO-I c'�W10-K-i— &)Sb9 I K In 11 nc IrLonwo2Ks 'I Manager j� na___.COwn Li/acto came:tot G a. ✓ 4 L grin 6 �/ ` J z ' IJQCnC on .7'4n 1 e �y "'C ✓ 5S dY�yy Man er Owner `j D S 5 CLfr,e_l omit 7 Ago- li."Ic( �x Oj$ L� afd� eeIw,// V 2 *get Owner ,2 COO ,�!� 8 cI r � y Owner �, `"lti-� 1`ncwrer---e-- el cl, p akt>2o S anag Owner Li3 S i CD^,_.0 (-+ e 1/4------- leic ledri,l Manage Owner CIo� � � �U �� /L7��r 1 k(t p 2-t/ /cf So'/ T ZS -. - \7 � 9 27t< a er Owner _1 feciez "in /Oct Wager) Owner an alt tie_ Aont--h i MtLdt g 13 Mager /(Owner <Y/��Wft{ r-tr file/ V W C�7`� 14 / ,4r-4epn i≤ `' it. .07c'] c-1-, 17 C, M, . •sY Owner )9 300 T e25 1'iO^kcrr /5- b ,g 'anagets �.'a er chit`°6 rt/ti`'/` ` it 7 ( [ C7/ 1 ,. 1L Acv L0 Cj9 'tj C'\ ‘3 CO 547777-1 jp KM—amp-12 Owner 2 IsrpFyi Co—ner) t9g7S/I.ovi95 FLACK CK 0-1- Z ( i1/47/.0Yi1/47/.0YManager Ow t' ----- 113-) 1 w1-41(1 �n S f 3`1 34/�Q anager I Owner M9S(tf-rzt. ltareinn6-lark 34/0 M!, ggdt Owner u-!{fa I-I Iff-a-y7 r.Z-r( • 7/a/ 20 41,y> ` i-teci-eJy li)._,r Tru t Co oat r C/ CX M erl ywne �_2,c1 6 WI 11 k�/p E �(p467 21 `t"" At c of /e c/ ro kW S 7 Manager /!( PJ1?it Met" ,04 Esquire Petitioning Services,LLC Page 3of / 1 Circulator's Initials: PETITION CONCERNING 3.2% BEER-OFF PREMISES LIQUOR LICENSE APPLICANT: KUM&GO,LLC TRADE NAME: KUM&GO#913 PROPOSED LOCATION: 13799 PACIFIC CIRCLE.MEAD,CO The undersigned has read,or has had the opportunity to read,the petition in its entirety and understand its meaning. Signature (First and Last Name) Business Name and Date (Plea,use black la ink) Street Address with Unit Number Support Oppose Age Signed 1 ��C/ay jt - _` /ISO 2- % /1 COO 1= 7— Manager wn� Or/ti, 0 AirP2, i. / lcettir , X '.& Cc.ffcrn..,( sys ,.ry / r Ay, Manager Owner o 3 •� A p@ 0 ,MAQb N o Mana_ . , er ja P7 �� !C� 742 A/e5 eYly DO CL ct- Dope 4a7 s. va.ideej 1) c)lv ana er Owner ,� i WZZ. 7105C �� l LM gel) Owner Mioiin✓.4 64)A I/0 2141 JNar5 jtW•44 s 2tale&lyt #7;1// ri g‘?Manager dOwner ))v !G ft t(s( 5 �O " /' �/ 6(-1- ✓ 36 g�i7la� CManager 723 49 Az"AA 8 4 1 2 A„ �Gf Ps_oFc3 SSioiJAl$ (Lc y 3S-o H W Y (01 cX),(1) Manager Owner Manager Owner I0 Manager Owner 11 Manager Owner 12 Manager Owner 13 Manager Owner 14 Manager Owner 15 Manager Owner 16 Manager Owner 17 Manager Owner 18 Manager Owner 19 Manager Owner 20 Manager Owner 21 Manager Owner Esquire Petitioning Services,LLC Page_7/l of Circulator's Initials: STATE OF COLORADO DEPARTMENT OF REVENUE Lisps Eelforcemeat Division j. Du Mai ai taraa n 1851 Fierce Shill,Suite 106A `�.. Lakewood,Colorado 50214 Phone:003)205-2300 MI Pier, Far 13031205.2341 Governor l malt lEDerpNte.dor.Yate.m.:r 5r Romaine Huber Wardle:ww.rewnuc.w$e.cnwtlqum Enforcement Laura K.Bane August 24, 2009 01 bn°"°�'° KUM&GO LC KUM& GO 6400 WESTOWN PARKWAY WEST DES MOINES IA 50266 Re: KUM & GO LLC 12-40424-0000 Dear Licensee: This is to confirm that we have received the following documents and tees to process a change in the masterfile account noted above. Q Form DR 8177 -Corporate Report of Changes B vidence of Corporate Good Standing A[gdividual I listory Record for Dennis Folder,Craig Bergstrom and James Brandt roger Print Card for Dennis Folder,Craig Bergstrom and James Brandt. which was sent to B.I.on 08/24/09. U' Comes payable to the Colorado Department of Revenue in the amount of$750.00 U'Fees payable to the Colorado Bureau of Investigation in the amount of$39.50x3 The following additional documents or fees are needed to complete the change in masterfile: $ payable to Colorado Department of Revenue payable to Colorado Bureau of Investigation Once the Liquor Enforcement Division has received a final background report on the individuals noted above, we will generate a letter of final approval for this proposed change in masterfile. SincTitt, , Nicole ate k Licensing Specialist WI" FAX TRANSMISSION COLORADO Weld County Clerk to the Board PO Box 758 Greeley,CO 80632 Fax: 970-352-0242 Phone:970-336-7215,ext.4228 To: Liquor Enforcement Division Date: September 14, 2009 Fax: 303-205-2341 Pages: 3 +Cover From: Jenny VanEgdom Deputy Clerk to the Board jvanegdom@co.weld.co.us Subject: New License Application for Kum& Go, LC, dba Kum & Go#913 COMMENTS: This applicant requested a Concurrent Review, and the file was sent to your office on August 10, 2009, along with the appropriate fees, so that the Concurrent Review process could begin. The hearing regarding this establishment has now been held, and the new license was approved by Weld County, therefore, please find the attached application pages, signed by the Chairman, to complete the file already received by your office. The applicant is scheduled to open for business on Friday, September 18, 2009, and if possible, would like to be approved to begin selling alcohol on that date as well. I indicated to the applicant that there were no guarantees of a final approval date issued by your office, but that I would indicate a rush approval is requested, if possible. Let me know if you have any questions, thanks! CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited- If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. 2009-2438 Weld County and State Permit for a Retail Liquor License for Kum & G2 LC, was picked up in person by // 7,, , on J7 /7 , 2009. Witnessed by '\( 1LttC 7 11(' <�C�� z( . U Hello