HomeMy WebLinkAbout810705.tiff RESOLUTION
RE : WITHDRAWAL OF MANAGER'S CONTRACT FOR AFTER THE GOLD RUSH,
D/B/A THEO' S
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, After the Gold Rush, d/b/a Theo 's presented a
new manager' s contract seeking the approval of the County
Commissioners at the Board meeting of November 4 , 1981, and
WHEREAS, said contract request was to be on the November 16 ,
1981 agenda for final consideration by the Board of County
Commissioners, and
WHEREAS , on November 12 , 1981, the Clerk to the Board
was contacted by the office of Allen Dill, legal counsel for
After the Gold Rush, and asked to withdraw said request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the withdrawal
request of the manager' s contract for After the Gold Rush,
d/b/a Theo' s be, and hereby is , accepted.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 18th
day of November, A.D. , 1981.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO ORADO
:7 ATTEST / ' a F . ,r OY� (Aye)
Chuck Carlson, Chairman
Weld County ttlerk and Recorder
and Clerk to the Bo rd ABSENT
/ / Norman Carlson, Pro-Tem
BY` a ,J.IY/ , \ /�. �-
i eputy Count Clerk ,'l ?L . , ( (Aye)
APP VED, AS..TO FORM.-,
C. W. Kirby /
m'
''f / A: NT
4:6-�C(4 It^---1--. oh T. Martin _
County Attorney /
47 ' , (A e)
e K. S f^-'inmark
LHR 578 DATE PRESENTED : NOVEMBER 23 , 1981
810705
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November 23, 1981
County Commissioners
Weld County
P. O. Box 758
Greeley , CO 80631
ATTN : Jeannie
RE : After the Gold Rush , Inc .
Dear Jeannie :
Pursuant to our telephone conversations , I am sending this
letter as formal notice that we wish to withdraw the
Management Agreement that was previously submitted on behalf
of After the Gold Rush , Inc .
Thank you for your assistance in this matter.
Very truly yours ,
Lver
Secretary to H. Alan Dill
BC/
Dill and Dill
Processional Corporation / Attorneys At Law H.Alan Dill Robert A.Dill
700 East Speer Boulevard Jon Stonbraker John A. Hutchings
Denver, Colorado 80203 / Telephone 303/777-3737
mEmoRAnDum
To THE BOARD Date 11-13-81
COLORADO From CLERK TO THE BOARD
Subject: MANAGER'S AGREEMENT _ AFTER THE GOLD RUSH, INC. DBA THEO'S
GOLDEN SANDS, INC.
The management agreement between Golden Sands, Inc. and After the Gold
Rush, Inc. DBA Theo' s was continued from your Board meeting conducted
on November 4, 1981.
On November 12, 1981, we were contacted by Bonnie, Allen Dill' s, secretary.
Bonnie informed us that her boss Allen Dill, a Denver Attorney, has just
been hired by Dennis Muck, President of After the Gold Rush, Inc. On
behalf of Mr. Dill, Bonnie has requested, by telephone, that said management
agreement with Golden Sands, Inc. dated September 2 , 1981, be withdrawn.
Bonnie agreed to send a formal letter of withdrawaland it should be
received during the week of November 16 , 1981.
Bonnie also stated that a different management agreement will be
submitted for your consideration soon.
On November 13, 1981, we did receive Jim Gillium' s, State Liquor Enforcement
Officer, opinion regarding the management agreement with Golden Sands, Inc.
Said opinion is attached for your information.
Mr. Dill' s secretary, Bonnie, stated that they would not be present on
November 16, 1981. However, if there are any problems regarding their
withdrawalshe asked to be notified immediately by telephone.
Denver number 777-3737
7o o Thank you,
='he following items contained in the "MANAr7'•" v9 ;0 Tri kr; " � Th
Greeley, raise nuestions as to the contract being such, or a lease
agreement .
Paragraph 3.
A. All gross receipts from the bar o to the manager. Manager is
to pay employer a set fee, or 12 of the gross sales per month,
Paragraph 5.
A. Books and records of business open to verification by emnlo 'er.
Paragraph 6.
A. Increased Payments in 2 year increments .
Varar-raph 7 .
A . Manager is to perform things which are normally done by the licensee :
1. Payment of taxes , insurance and all oche- expenses : liability
for.or paymeTtvof�Payroll, �mainteinenance of copyright licenses ,
/� P ,O S S T• LL W THr,, F�,�avL1YT'9S QT' TUT VA'd:A^ ...,�, a-.fl)
NOT r'?PLOVT'TS 7F TT-E EMPLOYER . IT TS TITE INTENT T;.7nT PRE M r,
STALL NOT R? AN TMPLOy1 E D T,'r A'dAR .R
m nm F � � it � 3:''iPLOY' R, I3�??' AN TdD":?'='f�';'dT
-O'I.RA . OR. (This paragraph in itself invalidates this contract
as being an "employment contratt" by it ' s own wording. )
2. Manager nays the costs of furnishings and equipment, to
nay for repairs, and the cost of insurance.
Paragraph 12.
A. Manager agrees to indemnify employer for any costs or damages :
Manager covenants that he will keen and save employer and employer' s
interests in the business harmless from any penalty or damage or
charge imposed by any violation of any law.
Paragraph 14.
A. 'Upon termination of this agreement, all si.rpplies and inventory
will be returned to owner: '•ZA:dAGTR MAY Trn0V71 HIS EQ,T' PMENT.
Paragraph l>.
A. THE MA1A''ER SffALL ALSO PROliT!),; T•) TIT:+., E•4PLOYE1 THE PIT?ST LIPID
LAST M ):'JTTT'S KENT. (A lessee pays RENT to a lessor : again, this
invalidatew the entire contract .as being a MA: AG -,MENT CO:JTRACT
A3D divulges it as being a disguised lease agreement . )
Paragraph 19.
A. "anage* does not become a partner of employer. (Since he is not
A Partner of. license' , this indicates that licens-e has no control
of the licensed premises . )
All of the above paragraphs indicate that the "Manapter" is really
totally In charge of the operation. 12-47-106 ( 1) states that "At
all times a licensee shall possess and maintain possession of the premises
for whi^h the license is issued, by ownership, LEASE or other ar.ran,-e-
ment . 12-1;7-106 (4 ) states : `'Jo license granted under this section
is transferrable, excent upon the death of spouse, e' c .
12-117-129 (!F)a deals with unlawful financial interest, and states, in
Part "it is illegal for any person interested d'..rectly or indirectly
n any retail lio'.ior dispensary of any kind to conduct , own or be
either directly or indirectly interested in any oti er liquor lice
Should the "Manager" Have any other contracts oofa similar naturei.n
Colorado there would be a violation of this statute. Prom the documents
submitted we have no way of knowing whether or not this is so. FTor do
we have sufficient, information on the corporation to know if they
comply ',!ith the provisions of 12-).Fv-111 ("I) , which states that employees
of a licensee must be of accntable character.
Therefore, IT IS MY OPINION that, should the "Manager" desire to conduct
said business, that he obtain a lieuor license in his own rite.
rF .
f NOV1 3 1981
Gar:. r.V r
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