HomeMy WebLinkAbout20021572.tiff RESOLUTION
RE: APPROVE TRANSFER OF OWNERSHIP REQUEST FOR 3.2% BEER LICENSE
FROM LINDA FANGMEIER, DBA OUR LITTLE STORE TO OUR LITTLE STORE,
LLC, DBA OUR LITTLE STORE
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, Our Little Store, LLC, dba Our Little Store, has presented to the Board of
County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership
of a County Retail License for the sale of fermented malt beverages, containing not more
than 3.2% of alcohol by weight, said license previously held by Linda Fangmeier, dba Our Little
Store, and
WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid
the required fees to the County of Weld for a Transfer of Ownership of the existing license, and
WHEREAS, said applicant has exhibited a State License for the sale of 3.2% fermented
malt beverages in sealed containers not for consumption at the place where sold, outside the
corporate limits of any town or city in the County of Weld at the location described as follows:
4821 Yellowstone Drive, Greeley, Colorado 80634-6614
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, having examined said application and the other qualifications of the
applicant, does hereby grant License Number 2002-06 to said applicant to sell 3.2% fermented
malt beverages in sealed containers not for consumption at the place where sold, only at retail
at said location and does hereby authorize and direct the issuance of said license by the Chair
of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County,
Colorado, which license shall be in effect until July 28, 2003, providing that said place where the
licensee is authorized to sell 3.2% fermented malt beverages 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.
2002-1572
MOLD LC0021
TRANSFER OWNERSHIP OF 3.2% BEER LICENSE - OUR LITTLE STORE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of June, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, C L
ATTEST: Ated 1 /4 La S.A.-Li,-
,/� �/ G Vaad, Chair
Weld County Clerk to � ' .'".;�,,;, I` c`�•'�I
1861 (; �� •S4Cp�� F
David E. ng, Pro-Te_m
BY: /J/f
Deputy Clerk to the��V r _1J Jk °fie~ r �'�� A-v-e/
M. J. Geile
ED A ORM: ' A
• liam H. Jerke
County A or ey ��/`
Ro ert D. Mas en
Date of signature:
2002-1572
LC0021
THIS LICENSE MUST BE POSTED IN PUBLIC VIEW
DR 8402102/991
STATE OF COLORADO
DEPARTMENT OF REVENUE
Liquor Enforcement Division
1375 Sherman Street
• Denver,Colorado 80261
OUR LITTLE STORE LLC
OUR LITTLE STORE
4821 YELLOWSTONE DR
GREELEY CO 80634-9119
ALCOHOL BEVERAGE LICENSE
Liability Information
Account Number LICENSE EXPIRES AT MIDNIGHT
County City Indust Type Liability Date
41-05629-0000 03 206 453998 B 072902 JUL 28, 2003
Type Name and Description of License Fee F
2122 3.2 PERCENT BEER RETAIL $ 75.00
LICENSE (OFF PREMISES)
2190 COUNTY 85 PERCENT OAP FEE $ 42.50
TOTAL FEEISI $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. II .. d�,w,/ '
CSW 1 � r 't�L
cG_,„;di4 7/30/02 i
Division Director Executive Director
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DR 8404(06/00) Page 1 21
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR
DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE
RETAIL LICENSE APPLICATION
❑ NEW LICENSE Ea TRANSFER OF OWNERSHIP O 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 303-321-4164) DO NOT WRITE IN THIS SPACE
1. Applicant is applying as a
❑ Individual
❑ Corporation ® Limited Liability Company
❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other
2. Name of Applicant(s) If partnership,list partners'names(at least two);if corporation, name of corporation Fein Number
Our Little Store, LLC 03-0430699
2a.Trade Name of Establishment(DBA) State Sales Tax No. Business Telephone
Our Little Store 4105629 (970)339-9202 .
3. Address of Premises(specify exact location of premises)
4821 Yellowstone Drive
City County State ZIP Code
Greeley Weld CO 80634
4. Mailing Address (Number and Street) City or Town State ZIP Code
2105 26th Avenue _Greeley CO 80634-6614
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
Our Little Store
LIAR SECTION A Nonrefundable APPLICATION FEES LIAR " SECTION D • LIQUOR LICENSE FEES
2300 ❑ Application Fee for New License 850.00 1940 ❑ Retail Liquor Store License(city) $202.50
2300 ❑ Application Fee-New License Concurrent Review....950.00 1940 ❑ Retail Liquor Store License(county) 287.50
2310 L�1 Application Fee for Transfer of Ownership 850.00 1950 Cl Liquor Licensed Drugstore (city) 202.50
SECTION B " 3,2.6 BEER LICENSE FEES 1950 ❑ Liquor Licensed Drugstore (county) 287.50
2121 ❑ Retail 3.2%Beer On Premises-(city) $71.25 1960 ❑ Beer&Wine License (city) 326.25
2121 ❑ Retail 3.2%Beer On Premises-(county) 92.50 1960 ❑ Beer&Wine License (county) 411.25
2122 ❑ Retail 3.2%Beer Off Premises-(city) 71.25 1970 ❑ H& R License ❑city ❑county 475.00
E] H& R License w/opt Prem ❑city ❑county 475.00
2122 U Retail 3.2%Beer Off Premises-(county) 92.50 1980
1990 ❑ Club License ❑city �county 283.75
2123 ❑ Retail 3.2%Beer On/Off Premises-(city) 71.25 2010 ❑ Tavern License ❑city ❑county 475.00
21F23 ❑ Retail 3.2/o Beer On/Off Premises-(county) 92.50 2020 ❑ Arts License ❑city ❑county 283.75
SECTION C RELATED FEES AND PERMITS 2030 ❑ Racetrack License ❑city ❑county 475.00
1985-100(999)❑Addition of related Facility Permits to existing 2040 ❑ Optional Premises License ❑city ❑county 475.00
Resort Complex license 1905 ❑ Retail Gaming Tavern Lic ❑city ❑county 475.00
$50.00 x Total Fee 1975 O Brew-Pub License 725.00
2210-100(999)❑Retail Warehouse Storage Permit $75.00 1985 ❑ Resort Complex License 475.00
1980-100(999)❑Addition of Optional Premises to existing hotel/restaurant No Fee❑3.2% Beer On/Off Premises Only Delivery Permit
$75.00 x Total Fee
❑H/R-Tavern Manager's Registration $75.00 No Fee❑Retail Liquor Store Delivery Permit
DO NOT WRITE IN THIS SPACE-FOR_DEPARTMENT OF REVENUE USE ONLY .
LIABILITY INFORMATION
County City industry Type License Account Number Liability Date License Issued Through
(Expiration Date)
FROM TO
State City County Managers Reg
-750(999) 2180-100(999) 2190-100(999) -750(999) ///
Cash Fund New License Cash Fund Transfer Llesnee TOTAL
2300-100 2310-100
(999) (999) ly
A
2002-1572 /.1.1:4-2,t
DR 8404(06/00) Page 2 APPLICATION DOCUMENTS
CHECKLIST AND WORKSHEET
Instructions: This check list should be utilized to assist applicants with filing all required documents for licensure. All documents must
be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State
approval the license will be mailed to the local licensing authority. Application fees are nonrefundable.
ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED
I. APPLICANT INFORMATION
A• . Applicant/Licensee identified.
B. State sales tax license number listed or applied for at time of application.
*�] C. License type or other transaction identified.
❑ D. Return originals to local authority.
❑ E. Additional information may be required'by the local licensing authority.
II. DIAGRAM OF THE PREMISES
''‘ j A. No larger than 8 1/2"X 11".
NE B. Dimensions included (doesn't have to be to scale). Exterior areas should show control(fences, walls, etc.).
• C. Separate diagram for each floor(if multiple levels).
[,l D. Kitchen-identified if Hotel and Restaurant.
III. PROOF OF PROPERTY POSSESSION
• A. Deed in name of the Applicant ONLY(or)
.] B• . Lease in the name of the Applicant ONLY.
❑ C. Lease Assignment in the name of the Applicant(ONLY)with proper consent from the Landlord and acceptance by the Applicant.
• D. Other Agreement if not deed or lease.
IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS
'J A. Individual History Record(s) (Form DR 8404-I).
❑ B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.)
❑ C. Purchase agreement, stock transfer agreement, and or authorization to transfer license.
❑ D. List of all notes and loans.
V. CORPORATE APPLICANT INFORMATION (If Applicable)
❑ A. Certificate of Incorporation (and/or)
❑ B• . Certificate of Good Standing if incorporated more than 2 years ago.
❑ C. Certificate of Authorization if foreign corporation.
�+] D. List of officers, directors and stockholders of parent corporation (designate 1 person as"principal officer).
Vi. PARTNERSHIP APPLICANT INFORMATION (If Applicable)
❑ A. Partnership Agreement(general or limited). Not needed if husband and wife.
VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable)
�] A• . Copy of articles of organization (date stamped by Colorado Secretary of State's Office).
❑ B. Copy of operating agreement.
❑ C. Certificate of Authority(if foreign company).
VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS
APPLICATION
❑ A. $75.00 fee.
❑ B. Individual History Record (DR 8404-I).
•
DR 8404(06/00) Page 3
6. Is the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stock- Yes No
holders or directors if a corporation)or manager under the age of twenty-one years? ❑ El
7. Has the applicant(including any of the partners, if a partnership; members or manager if a limited liability company;or officers,
stockholders or directors if a corporation)or manager ever(in Colorado or any other state);
(a) been denied an alcoholic beverage license? ❑
If
(b) had an alcoholic beverage license suspended or revoked? El E
(c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ❑
If you answered yes to 7a,b or c,explain in detail on a separate sheet.
8a. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the
preceding two years?If"yes,"explain in detail. ❑
8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year?If"yes,"explain in detail. ❑ III
9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of ❑ �]
Colorado law,or the principal campus of any college,university or seminary?
10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager if a
limited liability company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any ❑
current financial interest in said business including any loans to or from a licensee.
11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least 1 year from the date that
this license will be issued by virtue of ownership, lease or other arrangement? E El
® Ownership El Lease ❑ Other(Explain in Detail)
a. If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease:
Landlord Tenant Expires
•
Attach a diagram and outline 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)
12. Who,besides the owners listed in this application(including persons,firms,partnerships, corporations,limited liability companies),
will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business.
Attach a separate sheet if necessary.
NAME DATE OF BIRTH FEIN OR SSN INTEREST
•
Attach copies of all notes and security instruments,and any written agreement,or details of any oral agreement, by which
any person(including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of
this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume,
profit,sales,giving of advice or consultation.
13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No
A local ordinance or resolution authorizing optional premises has been adopted. ❑
Number of separate Optional Premises areas requested.
14. Liquor Licensed Drug Store applicants,answer the following:
(a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of 1 )L1 Ye a
Pharmacy?COPY MUST BE ATTACHED. /f
CI
15. Club Liquor License applicants answer the following and attach:
(a) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and ❑ ❑
not for pecuniary gain?
(b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is N P ❑ ❑
operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain?
(c) How long has the club been incorporated? (d) How long has applicant occupied the premises
(Three years required) to be licensed as a club?(Three years required)
16. Brew-Pub License Applicants answer the following:
(a) Has the applicant received or applied for a Federal Brewers Notice? 1✓l y. El ❑
(Copy of notice or application must be attached)
17a. Name of Manager Howard Timmerman (If this is an application for a Hotel, Date of Birth
Restaurant or Tavern License,the manager must also submit an Individual History Record(DR 8404-I). (
17b. Does this manager act as the manager of,or have a financial interest in,any other liquor Yes No
licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. ❑ $$
18. 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)Of managing members(LLC)and any other persons with a 10%or greater financial interest ❑
in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue'?
If yes,provide an explanation and include copies of any payment agreements.
DR 8404(06/00) Page 4
19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors,
general partners, managing members,all stockholders, partners(including limited partners)and members who have a 10%or greater
financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-I (Individual History Record)
and provide fingerprint cards to their local licensing authority.
NAME HOME ADDRESS,CITY&STATE TBIRTOATE F POSITION %OWNED
I
Scott K. Thompson 2105 2€th Avenue. Greeley_,.__CD__806'i4 Owner 100%
20. Has the Applicant provided, or does the applicant intend to provide their staff with server training. Yes No
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)II�� El Husband and Wife partnership(no written agreement)
R,CLIMITED LIABILITY COMPANY _ LI Articles of Organization •Cert.of Authority(if foreign company) ❑ Operating Agrmt.
• ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties
Registered Agent(if applicable) Address for Service
OATH OF APPLICANT
1 declare under penalty of perjury in the second degree that this application and all attachments are true,correct, and complete
to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees
to comply with the provisions of the Colorado Liquor or Beer Code which affect my license.
Auth zed Signature I Title Date
Owner 5/30/02
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY(CITY/COUNTY)
Date application filed with local authority Date of local authority hearing(for new license applicants; cannot be less
than 30 days from date of application 12-47-311 (1))C.R.S.
5/30/400 A-I
Each person required to file DR 8404-I: Yes No
a.Has been fingerprinted ® ❑
b.Background investigation and NCIC and CCIC check for outstanding warrants conducted
c.The local authority has already conducted,or intends to conduct,a premise inspection to insure that the applicants ❑
in compliance with,and aware of,liquor code provisions affecting their class of license.
If not,does the authority want the state to conduct such an inspection: (date of insaectlon) ❑ g
The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory.
We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants,
and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED,
Local Licensing Authority for f Tr Telephone Number E TOWN,CITY
Weld County, C. d � js. (970)356-4000 X4200 [Q COUNTY
Signatur:/ I f ;'itl a•��s. Vaad Chair, Weld County Date
` •.:•j: ►�•f Commissioners 06/17/2002
Sig natur:�f-ttest �'���� �` `�?' Iftte �� Date
j rapt'
/ • s , - r. , Deputy 06/17/2002
If premises are located within a town . .+# ,i•rR should be signed by the mayor and clerk,if in a county,then by the chairman
of the board of county commissioners an• .: ro .•. rd. If,by ordinance or otherwise,the local licensing authority is some other official,
then such approval should be given by such o'I . .
AFFIDAVIT OF TRANSFER
AND STATEMENT OF COMPLIANCE
Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes,
Licensee hereby states that all accounts for alcohol beverages sold to the
Applicant are:
Paid in full. There are no outstanding accounts with any Colorado
Wholesalers.
Licensee hereby certifies that the following is a complete list of accounts
for alcohol beverages that are unpaid:
Licensee and Applicant agree that all accounts will be paid for from the
proceeds at closing by the: Licensee Applicant
Applicant will assume full responsibility for payment of the outstanding
accounts as listed above.
Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to
the Applicant, its agent, or a company, corporation, partnership or other business
entity to be formed by the Applicant.
Dated this 3/ day of , 2002.
.r a 1/41/41- ,, n' i/0 Z
Ltcensee(Seller) Date Applicant (Buy t) Date
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ARTICLES OF ORGANIZATION °R s*
20021078803 5g M
OUR LITTLE STORE,LLC . 5ECRETAR OF STATE• q
THE UNDERSIGNED natural person of at least 18 years of age,a03-28-2002
ctting as o gamer,hereby
forms a limited liability company("Company")by virtue of the Colorado Limited Liability Company
Act, as amended, and adopts the following.Articles of.Organization for such limited liability
company.
1. Name: The name of the Company is Our Little Store,LLC.
2. Principal Place of Business: .The principal place of business of the Company is
2105 26th Avenue,Greeley,CO 80634.
•
3. Duration: This Company shall have perpetual existence unless dissolved pursuant
to the operating agreement of the Company or otherwise by law,
4. Itggjstered Agent: The registered agent of the Company in Colorado is Scott K.
Thompson. The business address of the registered agent is 822 7th Street,Suite 760,Greeley,CO
80631.
5. Management of Company: The management of the Company shall be vested in the
managers of the Company.
•
6. Initial Managers: The names and business addresses of the initial manager or
managers who are to serve as manager or managers until the first annual meeting of the members
or until their successors are elected and qualified are:
Scott K.Thompson
2105 26th Avenue
Greeley,CO 80634
7. Purposes: 'The limited liability company is organized for any legal and lawful
purposes pursuant to the Colorado Limited Liability Company Act,as amended.
8. Indemnification: The limited liability company shall indemnify its organiser,
managers,agents,and employees against claims or liabilities in any way related to his or her capacity
or status as organi7er,manager,agent,or employee,to.the:maximum extent permitted by law.
9. Organiwe: The name and address of the Organizer of the Company is John J.Barry,
822 7th Street,Suite 760,Greeley,CO 80631.
i
•
IN 7714
WITNESS WHEREOF,I have signed these Articles of Organization this day of
,200a and I acknowledge the same to be my true act and deed.
John J.97 7245zi.„
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
The foregoing Articles of Organization were signed and sworn to by John J. Barry as
Organizer,who affirmed,under penalty of perjury,that the facts stated herein ate true,on this d 7 t--
day of Pr\ ,2002.
R •i S my hand and official seal.
O .
MICHELLE M.
i VEGTEH I
oelf
4 .of cow Notary Public
My commission expires: °I.l(,, •-OO4
ACCEPTANCE
The undersigned hereby accepts the position of Registered Agent for Service of Process of
Our Little Store,LLC,a Colorado Limited Liability Company.
Dated: ///errW/-nodirep
John J.Ban3979jki
2
DR 8404-i (02/94)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN STREET
DENVER CO 80261
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant,all general partners of a partnership,ail limited partners owning 1O%(or more)of a
partnership;all officers and directors of a corporation,all stockholders of a corporation owning 1O%(or more)of the stock of such
corporation; all limited liability company MANAGING members,or other limited liability company members with a 1O%(or more)
ownership interest in such company and all managers of a Hotel and Restaurant license.
NOTICE:This individual history record provides basic information which is necessary for the licensing authorities investigation.ALL questions
must be answered in their entirety.EVERY answer you give will be checked for its truthfulness.A deliberate falsehood will jeopardize the
application as such falsehood within itself constitutes evidence regarding the character of the applicant.
1.Name of Business Date Social Security Number(s)
Our Little Store 5/20/02 _
2.Your Full Name(last,first,middle) 3.Also Known As(maiden name/nickname,etc.)
Scott Kenneth Thompson
4.Mailing Address(if different from residence) Home Telephone
— -- -- — Qft_4
5.Residence Address(street and number,city,state,ZIP)
2105 26th Avenue, Greeley, CO 80634-6614
6.Date of Birth Place of Birth 7.U.S.Citizen?
Denver, Colorado la Yes _-I No
If Naturalized,state where I When Name of U.S.District Court
I _ _
Naturalization Certificate Number Date of Certificate If an Alien,Give Aiieri s Registration Card Number I Permanent Residence Card Number
8.Height Weight Hair Color Eye Color Sex Race 9.Do You Have a current Driver's License?If yes,give number,&state
5'8" 175 Brown Hazel Male White ___E Yes ❑ No
10.Name of Present Employer 11.Type of Business or Employment
A-1 Organics Or anic Com ost and Landscaping Materials
12.Address of Business Where Employed(street number,city,state,ZIP) Business Telephone
16350 WCR 76, Eaton, CO 8.0615 C970)454-3422
13.Present Position
Controller
14.Marital Status 15.Name of Spouse(include maiden name if applicable)
Married Karen Kay (Newsom)Thompson _
16.Spouse's Date of Birth Spouse's Place of Binh
Garden City, Kansas
17.Spouse's residence address,if different than yours(street and number,city,state,ZIP)
same
18.Spouse's Present Employer Occupation
Our Little Store Bookkeeper
19.Address of Spouse's Present Employer
2105 26th Avenue, Greeley, CO 80634-6614
20. List the name(s) of all relatives working in or having a financial interest in the liquor industry.
NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER _
None
21.Do you now,or have you ever held a State of Colorado Liquor or Beer License,or loaned money,furniture,fixtures,equipment or inventory,to any Colorado Liquor or Beer
Licensee?If yes,answer in detail
❑ Yes ia No _ T
CONTINUED ON REVERSE SIDE
DR 8404-I(2/94) Page 2
22.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'?(Do not include traffic
violations,unless they resulted in suspension or revocation of your driver's license,or you were convicted of driving under the influence of drugs or alcoholic beverages.)If yes,
explain in detail.
❑ Yes in No
23.Have you ever received a violation notice,suspension or revocation for a liquor law violation,or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail.
❑ Yes (No -
24.Military Service(branch) From To Serial Number Type of Discharge
None
25.
List all addresses where you have lived for the past five years.(Attach separate sheet if necessary)
STREET AND NUMBER CITY,STATE,ZIP FROM TO
91(1S 26rh Avenue Greeley, CO 80634-6614 5/91 presert
zs.List all 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
Severance Super Service 106 W 4th Ave, Severance, CO 80546 Owner 10/00 presert
A-1 Organics 16350 WCR 76, Eaton, CO 80615 Controller 5/01 present
Grefi}edy,5COS8O6e4Y Controller 12/99 11/00
PR Roche Solutions 3400 W 16th St. , S
Nor-Colo Transportation 3817 Carson St. , Evans, CO 80620 Controller 5/99 10/99
27.What is your relationship to the applicant?(sole owner,partner,corporate officer,director,stockholder,member or manager)
Manager of LLC
28.If stockholder,number of shares owned beneficially or of record Percent of outstanding stock owned
29.If partner,state whether ❑ General ❑ Limited Percent of Partnership Owned If Limited Liability Company(percent owned)
30.Total amount you will invest in this business,including notes,loans,cash,services or equipment,and operating capital.(Reg.46-106.1 and Reg.47-107.1)
Amount$
31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names,
account numbers and the amount derived from such source.Also identify all persons authorized to sign on,
or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.)
Names on accounts or person who can
Amounts Sources-Account Numbers sign on this account
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.
Authorize Signature Title Date
'1"--070711r1-1,1
07 Owner, Our Little Store, LLC 5/20/02
INDIVIDUAL HISTORY RECORD - SCOTT K. THOMPSON
#26. Former Employers, continued
Name of Employer Address Position From To
Centennial Ag Supply Co. , Inc. 24330 Hwy 34, Greeley, CO Controller 8/87 to 5/99
T. Loose Enterprises
P.O.Box 418
Kersey, CO. 80644
(970)351-6131
Date: May 21, 2002
Appropriate Parties,
It is my understanding that Scott and Karen Thompson are applying for a liquor license
for their recent convenience store purchase. I have been asked to supply a letter of
recommendation for them on this matter. I have a long history of interactions with the
Thompson family and fully support their efforts.
I met Scott approximately 12 years ago. At the time he was the financial controller for a
local fertilizer company. My business supplied services to this organization. During the
10 years we did business together Scott was very responsible, organized, and professional
in his dealings.
I met Karen through my interactions with Scott and came to know their family in the
process. I know that they are well respected in the community and have both actively
served on various community and church groups.
I would strongly support Scott and Karen's effort in obtaining a liquor license. I
understand that obtaining this license will be important to the overall success of their
venture. I have no doubt that they will be professional in this endeavor and meet any
criteria or expectations you may have regarding the use of this license.
Please feel free to contact me personally at the above number to further discuss this
matter.
Sincerely
odd se
tit h. 4• PLY •
P.O. Box 557•Kersey, Colorado 80644
(970) 353-2567•FAX(970)351-7416 .1-800-678-2567
June 13, 2002
To Whom It May Concern:
I have personally known Scott Thompson for over fifteen years. I find him to be of high
reputable character and know of no reason why he should be denied a liquor license.
Please feel free to contact me should you have further questions.
Sincerely,
James Klein
(970)353-2567
HOWARD A. LANG
P.O. Box 518
Greeley,Co. 80632
970-346-8400
May 14, 2002
Karen Thompson,
I have known Scott through our stock investment club for many years. Scott
is a great friend and a very responsible person.
Sincerely,
Howard A. Lang
•
AGREEMENT FOR PURCHASE AND SALE
OF BUSINESS ASSETS
THIS AGREEMENT,made this (71.1 day of ,2002, by and between Linda
Fangmeir, dba Our Little Store ("Seller") and Our Little Store, LLC, a Colorado limited liability
company ("Purchaser").
1. Sale of Business Seller shall sell, assign, transfer and deliver to Purchaser and
Purchaser shall purchase from Seller free from all liabilities and encumbrances whatsoever, all of the
assets owned by Seller which are utilized by Seller in the operation of Seller's business which
consists of the ownership and operation of a business known as Our Little Store (hereinafter the
"Business"), located at 4821 Yellowstone Drive, Greeley, Weld County, Colorado. The sale shall
include the following desc_ibed assets:
All of the owned equipment and machinery (except the van and laptop computer),
supplies and office assets, goodwill, including the trade name Our Little Store, the
rights to the telephone number, rights to all advertising, all customer and supplier
mailing lists and all licenses, permits and approvals which are transferable, the
inventory, including supplies for paper goods and food items and all of the items set
forth on the attached Schedule which is marked as Exhibit "A".
Said assets shall include, but not necessarily be limited to, all contracts, listing contracts, utility
deposits and related deposits made by or granted to Seller in connection with the operation of the
Business. The parties expressly acknowledge and agree that Purchaser shall not be responsible for
any of Seller's obligations related to Seller's operation of the Business, as Seller will pay all of
Seller's debts and obligations at or after closing.
All assets referenced herein shall be conveyed and transferred by means of bill of sale and/or
general assignment, as may be appropriate, wherein Seller shall warrant that she has good and
marketable title to all of said assets to be sold, free and clear of all liens and encumbrances, and that
it assigns all of its rights in the aforesaid leases.
2. Purchase Price and Payment Terms. The purchase price will be $57,499.20, with
$49,499.20 in cash or certified funds paid on the day of closing, adjusted by any variation in
inventory as computed pursuant to this Agreement. Purchaser shall pay $500 in earnest money at
the time of execution of this Agreement in the form of a personal check, as part payment of the
purchase price; payable to and to be held by Warren LaSell in his trust account. The earnest money
shall be paid to Seller at closing, and if the Agreement is terminated or fails to close, then the earnest
money will be refunded to Purchaser.
The balance of the purchase price shall be paid by virtue of Purchaser's execution of a
promissory note in favor of Seller in the face amount of Eight Thousand and 00/100 ($8,000.00),
with no interest to accrue thereon, with payment of such promissory note to be made by two(2)equal
payments of Four Thousand and 00/100 Dollars ($4,000.00) each due on October 1, 2002 and
Agreement for Purchase and Sole of Business Asset
5/13/02 Page 1 of 7
March 3, 2003. Purchaser shall secure such loan with a security agreement and a lien on Purchaser's
vehicle, a 1995 Chevrolet pick-up, VIN 2GCEK19H35122.
Prior to closing, the parties shall jointly review, account and value at cost Seller's inventory
on hand. All inventory shall be valued at Seller's cost, and the parties estimate that the Seller's
present inventory, at cost, is Twenty-Eight Thousand and 00/100 ($28,000.00). To the extent that
the actual inventory as determined by the parties immediately prior to closing results in an upward
or downward adjustment in the purchase price as described above then, to the extent that the actual
cost of inventory on hand at closing varies from the Twenty-Eight Thousand and 00/100
($28,000.00), then the purchase price shall be similarly adjusted upward or downward. However,
notwithstanding the foregoing, if the value of the inventory shall exceed Twenty-Eight Thousand
and 00/100 ($28,000.00), then the amount by which the actual value of the inventory exceeds
Twenty-Eight Thousand and 00/100 ($28,000.00) will be added to the amount of the Principal
balance of the promissory note to be executed by Purchaser in favor of Seller as referenced herein,
with the two payments referenced in such promissory note adjusted accordingly so that each such
payment is equal.
3. Conduct of Seller's Business Pending Closing. Seller shall operate and maintain the
Business in a manner consistent with the operation of such business during the past three years.
Seller shall likewise maintain full and adequate insurance upon all of the assets subject to this
contract until the closing of this transaction, and shall likewise maintain and service all of the
furniture, fixtures and equipment which are to be sold under this contract. In the event of any
significant injury or damage to any of the assets to be sold under this contract, Seller shall promptly
and adequately repair all such damage prior to the time of closing of this transaction,or,alternatively,
Seller shall assign all of the right to recover any and all insurance proceeds or repair of such damages
to the Purchaser, all at the election of the Purchaser.
4. Location of Assets Seller warrants and represents that all of the assets to be
conveyed hereunder are located at the business premises of the Seller, 4821 Yellowstone Drive,
• Greeley, Weld County, Colorado 80631. (Such address is not located within the city limits of the
City of Greeley, Colorado.) Seller will not remove any of such property from such location without
Purchaser's written consent, except as may be required in the ordinary course of trade or business up
to the date of closing.
5. Prior to closing, Seller shall, at Seller's sole cost and expense, thoroughly clean the
lot adjacent to the Business building which constitutes part of the business premises, removing
therefrom all debris, trash and excessive weeds and properly disposing of such.
6. Arms Length Sale. Seller, acknowledging that a bulk sales transfer is no longer
required under the Laws of the State of Colorado, hereby warrants that this transaction has been an
arms length transaction for adequate consideration from the Purchaser for sale of the assets which
are to be conveyed herein. Seller further warrants that he has not acted under any duress, coercion
or undue influence on the part of Purchaser or any other person or party. The Seller hereby recites
that the consideration received in exchange for the assets to be conveyed hereunder represents the
Agreement for Purchase and Sale of 0usmes$Assets
5/I J/01
Page 2 of 7
true fair market value of such assets and the conveyance of such assets to the Purchaser under the
terms of this purchase and sale contract is not fraudulent to any person or party.
7. Closing. The closing shall take place at the offices of Witwer, Oldenburg, Barry &
Bedingfield, LLP, 822 7th Street, Suite 760, Greeley, Weld County, Colorado at 4:00 p.m. on June 1,
2002, or such earlier date or such alternative place as the parties may agree upon. At the time of
closing, Seller shall execute and deliver to purchaser all bills of sale, general assignments and all
other instruments that are necessary to transfer to Purchaser the business and property referred to in
paragraph 1, and shall deliver possession thereof to the Purchaser together with all keys to any and
all locks relating to such assets.
8. Representations by Seller. Seller makes the following representations and warranties
to Purchaser, all of which shall survive closing:
a. Seller is duly qualified under the laws of the State of Colorado and
County of Weld, to carry on the Business in the County of Weld, State of Colorado.
b. There are no judgments, liens, actions or proceedings pending or
threatened against Seller anywhere.
c. No violations of any kind are pending or threatened against the
Business and Property referred to in paragraph "1".
d. Seller has complied with all laws, rules and regulations relating to the
Business and the Property referred to in paragraph "I".
e. Seller has paid in full, or will arrange for the payment in full at the date
of closing, all state and federal employee income tax withholding, federal social
security tax (FICA)withholding, employment taxes, unemployment insurance, sales
and use tax, business or license fees, and all other business related taxes or
governmental charges.
f. Seller has not established or participated in any pension or retirement
plan or program for the benefit of any present or former employees of the business
to be transferred to Purchaser.
g. Seller is the owner of and has good and marketable title to the Property
to be conveyed herein, free of all restrictions on transfer or assignment and all
encumbrances, except those as may be specifically set forth herein or as will be
satisfied at or immediately after closing.
h. Seller has made available to Purchaser Seller's books, records and
documents concerning the financial status of the Business, and Seller warrants that
the information contained therein is fair and accurate to the presentation of the
financial condition of the Business.
Agreement for Pumhese and Sale of Bumness Assns
5/13/02 Page 3 of 7
•
i. Seller is the owner of and has good and marketable title to all of the
inventory, equipment, machinery and supplies located at the property address of
4821 Yellowstone Drive, Greeley, Weld County, Colorado on the date of closing.
j. That the Seller's business has all required environmental permits and
authorizations, and no consents or approvals are required for transfer of the
environmental permits on sale of the Business;
k. Thatthe Seller's business is and has been operated in compliance with
all applicable environmental laws, permits and authorizations;
1. That there are no environmental claims pending or threatened against
the Seller's business;
m. That there are no actions or circumstances pertaining to the Seller's
business that may give rise to any future environmental claims; and
n. That all locations on which the Business may have conducted any
environmentally risky activities have been identified.
9. Representations by Purchaser. Purchaser makes the following representations and
warranties to Seller, all of which shall survive closing:
a. Purchaser is a Colorado limited liability company in good standing;
b. Purchaser has the full power and authority to enter into this Agreement
and to conclude the transactions described herein, and no other contract or agreement
to which it is a party prevents it from concluding the transactions described herein;
c. Purchaser hereby acknowledges and represents that as of closing it will
have personally and thoroughly investigated all elements and components of the
Business and will be familiar with any underlying or applicable encumbrances,
leases, options, licenses, variances, permits and covenants, if any, relating in any
mariner to the operation of the Business; and,
d. Purchaser is fully aware of possible risks with respect to the Business
and has formed its own judgment as to the worth and potential of the Business and
its assets and is relying upon its own judgment and decision in entering into and
consummating the within transaction.
10. Execution and Delivery of Documents. At closing Seller and Purchaser shall execute
and deliver all such instruments and shall take all such other action as either party may reasonably
request from time to time, in order to effectuate effectivity the transaction provided for herein. The
parties shall cooperate with each other in connection with any steps to be taken as part of their
Agreement for Purch.e and Sale of Business Assets
5/13/02 •
Page 4 of 7
.7 respective obligations under this Agreement. This obligation shall extend to any matters arising after
'f closing.
11. EQ,5,5gukna Purchaser shall receive possession of the Property to be conveyed
assigned hereunder at the time of closing. and
12. Post-Clncin
• after closing, spend up tot o consecutive� e weeks Post-Closing
orking obligations
of Seller
Purchaser inleducating aand
assisting the Purchaser in operation of the Business, with the only compensation to be paid to the
Seller to be $50.00 each week. After the expiration of two weeks from the date of closing, Seller and
Purchaser may negotiate further for the use of Seller's services, at the rates and other terms and
conditions as the parties may hereafter agree.
13. Insoec+ir,e vn-__cnv Purchaser or his designee shall have the right to inspections
of the physical condition of the Property at the Purchaser's expense.
14. Lrchaac nnf c ' Purchaser's obligations to close the transaction
contemplated herein is specifically contingent upon Purchaser obtaining all necessary consents,
licenses, certificates, novations, approvals or waivers as may be necessary for the Purchaser to
operate the Business as an oil and gas sales outlet and a convenience store. Further, Purchaser's
obligations to close this transaction is specifically contingent upon Purchaser entering into an
acceptable purchase contract of the real property at 4821 Yosemite Drive, Greeley, Colorado
satisfactory to Purchaser prior to closing.
Additionally, Purchaser's obligation to close this transaction is expressly contingent upon
Purchaser's obtaining financing for the purchase price referenced herein, under terms acceptable to
Purchaser.
15. Anportiorlment of Obligations Seller shall be responsible for all obligations related
' to the operation of the Business accrued through the date of Closing, and shall have paid all such
obligations at Closing, or shall satisfy such obligations soon after Closing, during the normal course
of business. Seller shall indemnify and hold Purchaser harmless from any and all claims and
demands for payment of such obligations which have accrued through the date of Closing: Purchaser
shall be responsible for the prompt satisfaction of all obligations accruing after the date of Closing.
Purchaser shall indemnify and hold Seller harmless from any and all claims and demands which
accrue for matters arising from operation of the Business after the date of Closing.
16. Assignability by Purcha er Purchaser may assign this Contract to a corporation,
limited liability company or other entity in which the Purchaser remains a controlling party.
17. AccountsAccounts Receivahl� The parties hereto acknowledge, agree and understand that the
Seller shall retain and be entitled to collect all accounts receivable relating to the operation of the
Business through the date of Closing. Purchaser agrees to promptly remit such payments which are
due to Seller on such account's receivable to Seller at her address of 27501 Weld County Road 54%,
Kersey, CO 80644.
•
Ape.,for Purchase and Sale of Business Assets
3/n/0]
Page 5 of 7
7
il 18. Default and R medic In the event that either party is in default in an
respective obligations under the terms of this Contract, then such damaged a
and
all remedies available at law or equityy any of their
be appropriate. for recovery of such damages and such equitable tab a relief aspursue ym y
19. fegunteia
litigation arising out of this Agreement, the Court or tribunal shall award the revailing party all
Anything to the contrary herein notwithstanding, in the event of any P
reasonable costs and expenses, including attorney's fees.
20. Nat. All notices which may be required by this Agreement shall be sent to the
respective parties at the addresses set forth below. Place of address may be modified by a
registered or certified mailings to the parties:
ppro},riate
Seller:
Linda A. Fangmeir
25701 Weld County Road 54'
Kersey, CO 80644
Purchaser:
Our Little Store, LLC
Atten: Scott K. Thompson
2105 26th Avenue
Greeley, CO 80634
with a carbon copy to:
John J. Barry
Witwer, Oldenburg, Barry& Bedingfield, LLP
822 7th Street, Suite 760
Greeley, CO 80631
21. Broker Seller represents that it has engaged the service ofa Broker and will pay such
Broker, and will indemnify the Purchaser from any obligation therefore.
22. Bindin a' This Agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and assigns.
23. W iv lure by either party
to Agreement, and nom part�or single exercise or lof that right, shall constitute 1a waiver ofse any t that dor any
other right, unless otherwise expressly provided herein.
any
24. Headfng Headings in this Agreement are for convenience only and shall not be used
to interpret or construe its provisions.
Apeemen,for Purchase and Sale of Busmen Amu •
5/11/07
Page 6 of 7
rir
25. Governing Law This Agreement shall be governed by and construed in accordance ..
of the laws of the State of Colorado.
14-
nFffa
26. Entire Agreement. This Agreement supersedes all prior agreements and embodies the
entire Agreement between the parties with respect to the subject matter hereof.
„ IN WITNESS WHEREFORE, the parties have executed this Agreement on the date and year
� ₹
. first above written.
t,r.
t Seller: Purchaser:
w
a
cat OUR LITTLE STORE, LLC t
z"a Li da A. •-, dbr Manager os„-'
Our Little Store 1 ?r
Ft.nq mefer
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Agreement for Purchase and Sale of Busmen Assets
5/13/02Page 7 of 7
PROMISSORY NOTE
(Open Payment Terms)
THE MAKER of this Note promises to pay to the order of the Payee the Principal Amount together with
interest calculated at the Annual Interest Rate. The Maker acknowledges that he has received good and
sufficient consideration for this Note. The names of the Maker and the Payee,the Principal Amount,the
Annual Interest Rate, and other specific terms are as follows:
• SPECIFIC INFORMATION:
Name(s) of Maker(s): Our Little Store, LLC Date of Note: May 31, 2002
Principal Amount: $8,000.00
Name(s) of Payee(s): Linda Fangmeier Annual Interest Rate: 0%
Payments shall be Default Interest Rate:
mailed or delivered to: Linda Fangmeier
25701 Weld County Road 541 Kersey, CO 80644
Collateral: (If none, leave blank)
PAYMENT TERMS and terms, if any,which modify or supplement the printed provisions of this Note
are as follows: Two payments of$4,000 each due on October 1, 2002 and March 3,2003
Default: If the payment terms(as filled in above)require principal or interest, or both,to be paid in more
than one payment, and if any one of such payments is not paid in full on or before the due date then this
Note will be in default. A default under the terms of any deed of trust or other security agreement
securing this Note also is a default under this Note. In the event of a default the Payee either may recover
any late payment or payments together with a late charge equal to five percent of the late payment or
payments or, as an alternative, the Payee may accelerate the entire balance of this Note. If the Payee
elects to accelerate, the Maker immediately shall be obligated to pay the entire balance of principal,
together with interest up to the date of default at the annual interest rate, and together with the greater of
(i)interest at the default interest rate on unpaid principal beginning with the default and continuing until
payment or until the default has been cured (if a right to cure exists) or (ii) an amount equal to five
• percent of the total of the late payments., The Payee shall have the right to recover from the Maker an
• additional amount equal to the Payees cost in enforcing this Note in the event of default, including
reasonable attorney fees and other costs directly related to the default, whether or not suit is commenced
and whether or not the Payee elects to accelerate the balance. The Payee shall not be required to give
notice to the Maker in order to cause this Note to be in default or in order to accelerate the balance,unless
a notice requirement is stated above. There also shall be no grace period with respect to any of the
payment obligations under this Note, unless a different indication is made above. If neither the principal
nor the interest is to be paid in more than one payment, but if any of the principal and interest is not paid
when due, then the Maker shall be obligated for all principal and interest owing as of the due date,
without notice or demand, together with interest on the unpaid portion of the principal from and after the
due date at the default interest rate.
OTHER TERMS: (The following provisions shall not apply to the extent that they conflict with
non-printed provisions added above.
(a) Interest shall begin as of the date of this Note and shall be calculated on the unpaid balance of the
Principal Amount.
(b) If the principal and interest of this Note are payable in installments, each installment first shall
be applied to accrued interest and then to the reduction of principal, and the Payee may use an
amortization schedule to apportion the installmenjs as between principal and interest; the
amortization schedule may be based either on a 360 day year or a 365 day year.
(c) Principal may be prepaid in full or in part withotff penalty;finless a prepayment restriction is set
forth above under"Payment Terns",partial pre-payments shall not defer the due dates for,or the
amounts of, succeeding payments.
(d) The Maker and endorsers of this Note waive ., d ' cuse presentment for acceptance and payment,
notice of dishonor, and protest of dishol;pt'
(e) A subsequent holder of this Note is inefuded in re ence to "Payee". If there are two or more
Makers of this Note, they are"obli ,jointly and severally.
• ' '': OUR LITTLE STORE, LLC
Title:
SUMMARY OF CLOSING FIGURES
RE: SALE/PURCHASE CLOSING OF
OUR LITTLE STORE
May 31, 2002
Contract Price $ 57,499.20
Add: Cash in Register 750.00
$ 58,249.20
Less:
Earnest Money $ 500.00
Note 8,000.00
$ 8.500.00
$ 49,749.20
Signed: May 31, 2002
SELLER: PURCHASER:
WARRANTY DEED
THIS DEED, Made this 21st day of May , 2002,
bet Fen Plus Partners, Ltd. , a Colorado
limited partnership
of the County of Jefferson and State of Colorado
grantor,and H & P Land Company, LLC, a Colorado
• limited liability company
whose legal address is 2105 26th Avenue, Greeley, CO 80634
of the County of Weld and State of Colorado ,grantee:
WITNESSETH,That the grantor,for and in consideration of the sum of TWO HUNDRED FIFTY THOUSAND AND
NO/100
DOLLARS,($250,000.00 ),
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,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 A,
Hill-N-Park Subdivision,
County of Weld, State of Colorado
•
•
alsoknownby sheet and number as 4821 Yellowstone Dr, Greeley, CO 80631
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, 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,his
heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the grantee, his heirs and assigns, that at 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 naturesoever, except all taxes and assessments for
the current year, a lien but not yet due or payable, easements, restrictions,
reservations, covenants and rights-of- way of record if any.
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion of the grantee,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.
Convenience Plus Partners, Ltd. ,
a Colorado limited partnership
By: Ve a, c. , neral Partner
Ronald W. Ha yer, esident
STATE OF COLORADO
)ss.
• COUNTY OF WELD
The foregoing instrument was acknowledged before me this 21st day of May , 2002 by
Ronald W. Hagmeyer, President of Venta, Inc. , General Partner of
Convenience Plus Partner a Colorado limited partnership
My Commission expires: ^p,0O � Witness my and officiseal. J,)lz/
4
WARRANTY DEED(for Photographic Record)r May.......d Fite M UO11928Aa2
Security Title Guaranty Co.
5995 Greenwood Plaza Blvd.
Greenwood Village, CO 80111-4710
PHONE: (303) 889-8475 FAX: (303) 220-1031
PURCHASERS SETTLEMENT STATEMENT
PREPARED FOR: CASE NO. : UO11928A02
PROPERTY ADDRESS: 4821 YELLOWSTONE DR
GREELEY, CO 80631
SELLER: Convenience Plus Partners, Ltd. , a Colorado limited partnership
PURCHASER: H & P Land Company, LLC, a Colorado limited liability company
• SETTLEMENT DATE: MAY 21, 2002 DATE OF PRORATION: MAY 21, 2002
LEGAL DESCRIPTION: LOT A HILL-N-PARK SUB
COUNTY OF WELD
STATE OF COLORADO
•
DESCRIPTION DEBIT CREDIT
1. SELLING PRICE $ 250,000 .00 $
2 . PRINCIPAL AMOUNT OF NEW LOAN(S) 200,000.00
3 . MORTGAGE POLICY 70.00
4. TAX CERTIFICATE TO SECURITY TITLE 20 .00
5. RECORD ASSIGNMENT TO CLERK & RECORDER 30.00
6. RECORD UCC-1 TO CLERK & RECORDER 15.00
7. FILE UCC-1 TO SECRETARY OF STATE 15.00
8. 2002 PERSONAL PROPERTY TAXES TO WELD COUNTY
TREASURER 102 .64 9. DEED RECORDING FEES 10.00
10. DEED OF TRUST RECORDING FEES 70.00
11 . DEED DOCUMENTARY FEE 25.00
12. TAXES FOR CURRENT YEAR 140 DAYS AT $ 6.9585 974.20
13 . EARNEST MONEY 500.00
14 . FUEL SETTLEMENT 2,525.50
15. CLOSING FEE TO SECURITY TITLE 175.00
Sub-Totals $ 250,532.64 $ 203,999.70
Balance due from Purchaser $ $ 46,532.94
TOTALS $ 250,532.64 $ 250,532.64
APPROVED AND ACCEPTED
Sales or use taxes on personal property not included. SECURITY TITLE GUARANTY CO. assumes no
responsibility for the adjustment of special taxes or assessments unless they are shown on
the Treasurer's Certificate of Taxes Due. The condition of title to the property is to be
determined by reference to the title evidence provided by Seller or by personal
investigation. The above statement of settlement is approved as of the settlement date
shown above and Escrow Holder is hereby authorized to disburse as Trustee funds as
indicated.
H & P Land Company, LLC,
a Color do-�sl limited
�liability company
By: Z% /C C�f/f�914914.7
Scott K. Thompson, Mfinager
Broker/Agent /
i
Closing Agent ,tn
ecurlty Ti ale Guaranty C .
File B UO11928A02
PROMISSORY NOTE
U.S. $200,000.00 COPY Greeley, Colorado
May 21, 2002
FOR VALUE RECEIVED, the undersigned (Borrower) promises to pay to the order of:
Convenience Plus Partners Ltd. at 608 Garrison Street, Suite L, Lakewood, Colorado 80215 (or, at
the option of the legal holder of this Note, at such other place as said holder shall designate in
writing), in lawful money of the United States, the principal sum of: Two Hundred Thousand and
no/100 Dollars($200,000.00)with interest on the unpaid principal balance from May 21,2002,until
paid, at the rate of eight percent (8%) per annum. Principal and interest shall be payable in 180
monthly payments of One Thousand Nine Hundred Eleven and 30/100 Dollars ($1,911.30) due on
the 21st of each month commencing June 21, 2002. Such payments shall continue until the entire
indebtedness evidenced by this Note is fully paid; provided, however, if not sooner paid, the entire
principal amount outstanding and accrued interest thereon shall be due and payable on May 21,2017.
Payments received for application to this Note shall be applied first, to the payment of late
charges, if any, second, to the payment of accrued interest at the increased rate specified below, if
any, third, to accrued interest first specified above, and the balance applied in reduction of the
principal amount hereof.
If any payment required by this Note is not paid when due, the entire principal amount
outstanding and accrued interest thereon shall at once become due and payable at the option of the
Note Holder(Acceleration). To exercise this option,the Note Holder shall give Borrower notice of
Acceleration specifying the amount of the nonpayment. The Borrower shall have thirty days after
the notice of Acceleration has been given to reinstate the terms of this Note, as they were
immediately before such notice, by paying the amount of nonpayment specified in the notice of
Acceleration. The privilege of reinstatement shall not,however,be available to the Borrower more
than once during any twelve-month period. Unless so reinstated, the indebtedness shall continue to
bear interest at the rate of twelve percent (12%) per annum from the date notice of Acceleration is
given. The Note Holder shall be entitled to collect all reasonable costs and expenses of collection
and/or suit, including, but not limited to, reasonable attorneys' fees.
Borrower may prepay the principal amount outstanding under this Note, in whole or in part,
at any time without penalty.
Any partial prepayment shall be applied against the principal amount outstanding and shall
not postpone the due date of any subsequent payments or change the amount of such payments.
Presentment, notice of dishonor, and protest are hereby waived by Borrower and all other
makers,sureties,guarantors and endorsers hereof. This Note shall be the joint and several obligation
of Borrower and all other makers, sureties, guarantors and endorsers, and their successors and
assigns.
Any notice to Borrower provided for in this Note shall be in writing and shall be given and
be effective upon(1)delivery to Borrower or(2)mailing such notice by certified mail,return receipt
requested, addressed to Borrower at the Borrower's address stated below, or to such other address
as Borrower may designate by notice to the Note Holder. Any notice to the Note Holder shall be in
writing and shall be given and be effective upon (1) delivery to Note Holder or(2)by mailing such
notice by certified mail,return receipt requested,to the Note Holder at the address stated in the first
paragraph of this Note,or to such other address as Note Holder may designate by notice to Borrower.
The indebtedness evidenced by this Note is secured by a first deed of trust encumbering
4821 Yellowstone Drive, Greeley, Colorado and is personally guaranteed by Scott K. Thompson:
BORROWER:
H & P LAND LLC
By: Aelil`� �,
Scott K. Thompson, anager
Borrower's Address:
2105 26th Avenue
Greeley, Colorado 80634
2
'Ross -41(Sit ofk -tkoHuf
u .;2 te_ LEASE
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THIS INDENTURE,dated June 1,2002,is between the Landlord,H& P Land Company,LLC,and the
Tenant,Our Little Store,LLC.
The Landlord,for and in consideration of the covenants and agreements hereinafter mentioned,to be kept
and performed by the Tenant, does hereby lease to the Tenant, the premises situate in the County of Weld,
State of Colorado,described as follows:
4821 Yellowstone Drive Greeley, CO 80634
Said premises, with the appurtenances, are to be leased to the Tenant from June 1, 2002, until June 1,
2003,at and for a rental of Twenty-Four Thousand and 00/100($24,000),payable in monthly installments of
Two thousand and 00/100($2,000),in advance,on or before the 1st day of each and every month during the
term of this lease at the office of the Landlord or as the Landlord may direct in writing. The Tenant further
covenants with the Landlord that Tenant has received said premises in good order and condition, and at the
expiration of the term of this lease will yield up said premises to the Landlord in as good order and condition as
when the same were entered upon by the Tenant,loss by fire,inevitable accident and ordinary wear excepted,
and will keep said premises in good repair during said term at Tenant's own expense.
IT IS FURTHER AGREED by the Tenant that no part of the premises will be sublet,nor will this lease be
assigned,without the written consent of the Landlord being first obtained. Tenant will not use nor permit the
premises to be used for any purposes prohibited by the laws of the United States or of the State of Colorado or
of any other political subdivision.
IT IS MUTUALLY AGREED that if after the expiration of this lease, the Tenant shall remain in
possession of said premises and continue to pay rent without a written agreement as to such possession,then
the Tenant shall be regarded as a tenant from month to month at a monthly rental payable in advance
equivalent to the last month's rent hereunder, and subject to all the terms and provisions of this lease.
IT IS FURTHER MUTUALLY AGREED that in case said premises are left vacant and any part of the rent
herein reserved be unpaid,then the Landlord may, without in any wise being obligated to do so and without
terminating this lease, re-take possession of said premises and rent the same for such rent and upon such
conditions as the Landlord may think best,making such changes and repairs as may be required,giving credit
for the amount of rent so received less all expenses of such changes and repairs,and the Tenant shall be liable
for the balance of the rent herein reserved until the expiration of the term of this lease.
IT IS AGREED that if the Tenant shall be in arrears in the payment of any installment of rent, or any
portion thereof, or in default of any of the covenants or agreements herein contained to be performed by the
Tenant,which default shall be uncorrected for a period of three(3)days after Landlord has given written notice
thereof, Landlord may, at his option, without liability for trespass or for damages; enter into and upon said
premises, or a portion thereof; declare the term of this lease ended; repossess the said premises as of the
Landlord's former estate;peacefully expel and remove the Tenant,those claiming under him,or any person or
persons occupying the same and their effects; all without prejudice to any other remedies available to the
Landlord for arrears of rent or breach of covenant.
As the context may require in this lease agreement,the singular shall be deemed to include the plural,and
the masculine gender to include the feminine or neuter gender.
This lease,except as above limited,shall be binding upon the heirs,successors and assigns of the parties
hereto and may be amended in writing only and executed by the parties.
Should any provision of this lease violate any federal,state or local law or ordinance,that provision shall
be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to
comply.
Additional provisions:
1. Tenant shall pay all real estate taxes,personal property taxes,utilities,assessments,insurance(liability
and casualty)and all maintenance and repairs necessary at the premises.
2. This Lease shall continue on a month-to-month basis after June 1, 2003 unless either party gives
proper notice of termination in advance.
OUR LITTLE STORE,LLC H&P LAND COMPANY,LLC
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Manager Tenant Manager Landlord
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