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Home My WebLink About20020354.tiff FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF RJML, LLC, DBA EL REVENTON NIGHT CLUB, FOR TAVERN LIQUOR LICENSE The application of RJML, LLC, dba El Reventon Night Club, 13015 Weld County Road 16, Fort Lupton, Colorado 80621, for a Tavern Liquor License, came on for hearing on the 11th day of February, 2002, 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 Board finds that the reasonable requirements of the neighborhood do not justify approval. 2. Although the good character of the applicant is not questioned, the Board finds that his reputation has suffered through the revocation of a previous license in the Town of Platteville, Stipulations and Agreements required by the Town of Dacono and the City of Greeley, and frequent intervention of the Weld County Sheriff's Office when Mr. Rodriguez managed a similar establishment currently known as Club Romance. 3. The Board finds that the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration do not justify approval. 4. The Board finds that the issuance of such license would add to an undue concentration of the same class of license in the neighborhood and, as a result, require the use of additional law enforcement resources which would not be absorbed into the current staffing levels of the Weld County Sheriff's Office and the Fort Lupton Police Department and, in some instances, may result in leaving the City of Fort Lupton unprotected. 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 RJML, LLC, dba El Reventon Night Club, 13015 Weld County Road 16, Fort Lupton, Colorado 80621, for a Tavern Liquor License, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of$500.00 for the hearing fee, in addition to the other required fees, and 2002-0354 LC0044 (sC? 652� TAVERN LIQUOR LICENSE - EL REVENTON NIGHT CLUB PAGE 2 WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to deny said application for a Tavern Liquor License for RJML, LLC, dba El Reventon Night Club. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby deny the application for a Tavern Liquor License for RJML, LLC, dba El Reventon Night Club. BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby is, directed to return all State Liquor fees currently being held to the applicant with a copy of this Resolution. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of February, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO ATTEST: J„ I � .� 1E j) - /i ett y �� GIroail Cpair� Weld County Clerk to th:�:o- C q�A//1861 �¢ 0s,,. tag •BY: y �1 David,E. Lon pro-Terri, Deputy Clerk to the ter`, �'" '" %%� � r�� M. J Geile - N APPR /ED AS TOGO `" A`i`'u--c illi H. Jerke County A t Rey e , Robert D. as en Date of signature: . O 2002-0354 LC0044 DR 8404 (06/97) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION ® NEW LICENSE 0 TRANSFER OF OWNERSHIP 0 LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPUCANT SHOULD OBTAIN A COPY OF THE COLORADO UQUOR AND BEER CODE(Call 303.3214164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a ❑ Individual ❑ Corporation E 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 RJML, LLC 2a.Trade Name of Establishment(DBA) State Sales Tax No. Business Telephone El Reventon Night Club 40-48501.-40 (303) 717-0295 3. Address of Premises(specify exact location of premises) 13015 Weld County Road 16 , (about 1 mile north of Ft. Lupton) City County State ZIP Code Ft. Lupton Weld CO 80621 4. Mailing Address (Number and Street) City or Town State ZIP Code 232 Elizabeth Court Ft. Lupton CO 80621 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 • : ._ .,SECTION A +. ,: , , ' APPLICATION FEES- ,LIAB - "j SE D, • ! LIQUOR LICENSE FEES, I 2580 ❑ Late Renewal Application Fee $500.00 .1940' 5 Retail Liquor Store License(city) $202.50 2308 0 Application Fee for New License 650.00 1940 ❑ Retail Liquor Store License(county) 287.50 2300 ❑ Application Fee-New License Concurrent Review....750.00 1950 ❑ Liquor Licensed Drugstore (city) 202.50 2310 5 Application Fee for Transfer of Ownership 650.00 1950 ❑ Liquor Licensed Drugstore (county) 287.50 SECTION-B 3.2%BEER LICENSE FEES 1960..: ❑ Beer&Wine License (city) 326.25 '2121 5 Retail 3.2%Beer On Premises-(city) $71.25 1960, ❑ Beer&Wine License (county) 411.25 2121 0 Retail 3.2%Beer On Premises-(county) 92.50 1970' 0 H& R License ❑city ❑county 475.00 2122: ❑ Retail 3.2%Beer Off Premises-(city) 71.25 1880 ❑ H& R License w/opt Prem ❑city ❑county 475.00 2122 0 Retail 3.2%Beer Off Premises-(county) 92.50 0 Club License ❑city ['county 283.75 2123'. ❑ Retail 3.2%Beer On/Off Premises-(city) 71.25 2010: 0 Tavern License ['city ®county 475.00 2123 ❑ Retail 3.2%Beer On/Off Premises-(county) 92.50 2020 ❑ Arts License ❑city O county 283.75 anon SECTION C RELATED FEES AND PERMITS ❑ Racetrack License 5 city ❑county 475.00 2040', 0 Optional Premises License 0 city 5 county 475.00 2210-100(999)❑Retail Warehouse Storage Permit $75.00 1980-100(999)❑Addition of Optional Premises to existing hotel/restaurant .1905, ❑ Retail Gaming Tavern Lic ['city ❑county 475.00 1975 0 Brew-Pub License 725.00 /CD. $75:6Dx Total Fee 1970-750(999)❑Manager's Registration(hotel&restaurant only)...$75.00 ' ❑ Other No Fee ❑3.2%Beer On/Off Premises Only Delivery Permit 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 issued Tfiraagh License Account Number .! Liability Date (Expinibn Data) State City County Managers Reg.' 750(999) 2180-100(999) 2190-100{999} 1970-750{999} / ��////////////// ca.h Fund N.w uun.. Cash Fund Transfer Liens TOTAL 2300-100 2310-100 (999) (999) A Lec'Ox-19 DR 8404(06/97) 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. 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 original&2 copies to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES E A. No larger than 8 1/2"X 11". ❑ B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences,walls, etc.). ❑ C. Separate diagram for each floor(if multiple levels). ❑ D. Kitchen- identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ A. Deed in name of the Applicant ONLY(or) ❑ B. Lease in the name of the Applicant ONLY. O 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 ❑ 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. O 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) O 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 LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record(DR 8404-I). DR 8404(06/97) 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? ❑ 21 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? ® ❑ (b) had an alcoholic beverage license suspended or revoked? ❑ (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. U N K N o W N ❑ 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. ❑ 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? Q ❑ ❑ Ownership ® 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 Manuel Manriquez , Tenant RJML, LLC Expires Ruben J. Rodriguez & Joce rye Jesus Silva . 11/10/03 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. 0 ❑ 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 Yes No Pharmacy?COPY MUST BE ATTACHED. ❑ ❑ 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 ❑ 0 not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is ❑ ❑ 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? ❑ ❑ (Copy of notice or application must be attached) 17a. Name of Manager Date of Birth Hotel&Restr.Lic. 9 (If this is an application for a Hotel Yes No and Restaurant 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)or managing members(LLC)and any other persons with a 10%or greater financial interest EI 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(06/97) 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 DATE OF POSITION %OWNED BIRTH RithPn J. Rodriguez 232 Elizabeth Court Ft Lupton r'nlnrado 20621 Member 100 Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) O Cert.of Auth. (if a foreign corp.) O PARTNERSHIP O Partnership Agreement(General or Limited) O Husband and Wife partnership(no written agreement) 0 LIMITED LIABILITY COMPANY O Articles of Organization O Cert.of Authority(if foreign company) O Operating Agrmt. O ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(if applicable) Address �fforrrService �+ ' ok or+APPUCAN w ,�,..: .- s to thdecle tin : pe by of perjury/rr the second degree that thrs ap�catfon and al attachr a nts are two,coned,and complete o edge 1 also aofsnowledge that Its m1ry tesoans1b1114eandthe responsib/Ffiy ctfmyagents and employeese p Worm oftheColorsd Liquor oreeersCodowhktr aflachnyilmnse" Auth r . .ign.t e Title Date Member 9/28/00 EPORT AND APPROVAL OF LOCAL LICENSINGAUTH0R ICI"/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. /0 -a& -aoOO 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 liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. 5 0 If'nit',the building will be completed and ready for inspection by (date) 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 Telephone Number ❑ TOWN, CITY O COUNTY Signature Title Date Signature(attest) Title Date If premises are located within a town or city,the above approval should be signed by the mayor and clerk, if in a county,then by the chairman of the board of county commissioners and the clerk to the board. If,by ordinance or otherwise,the local licensing authority is some other official, then such approval should be given by such official. ATTACHMENT TO RETAIL LICENSE APPLICATION RE: RJML, LLC, d/b/a EL REVENTON NIGHT CLUB 7(a) Ruben J. Rodriguez was an owner of Escaramuch, Inc. which had an alcoholic beverage license in Platteville which expired on October 13, 1994. Mr. Rodriguez had retained the services of an attorney to prepare the renewal application and the attorney failed to do so.Mr. Rodriguez was then required to apply for the alcoholic beverage license again from the beginning which was denied on December 13, 1994 due to "insufficient evidence that the needs of the neighborhood were not being met." 7(c) Ruben J. Rodriguez was an owner of Tentacion, Inc. when on August 28, 1997, the Town ofDacono entered into a Stipulation And Agreement with Mr.Rodriguez(and his wife,Maria L. Rodriguez Manriquez) which approved a Tavern License on the condition that Mr. Rodriguez and his wife,Maria, not have any involvement with the business, Tentacion, Inc. and that the license would be suspended for 30 days but said suspension held in abeyance for 1 year on the normal conditions of no violations, etc. The sanctions against Mr. Rodriguez (and his wife) and the suspension were premised upon inaccurate answers regarding prior "denials"(see 7(a) above). On October 27, 1997, Mr.Rodriguez and his wife, Maria, resigned as Directors and as vice president and secretary, respectively, from Tentacion, Inc. On December 16, 1997 Ruben J. Rodriguez, as owner of Escaramuch, Inc., entered into a Stipulation And Agreement regarding an alcoholic beverage license application in the City of Greeley whereby the application for the Tavern License was withdrawn and Escaramuch, Inc. was required to divest itself from Tentacion, Inc. The Agreement also rescinded the prohibitions against Mr. Rodriguez and his wife,Maria,from the August 28, 1997 Stipulation And Agreement,thus allowing them to be on the premises of Tentacion, Inc. and to be employed by Tentacion, Inc., and deferred a"suitability of character" finding regarding Mr. Rodriguez and his wife, Maria, if they would not apply for, have a financial interest in, nor manage a liquor licensed business for one(1)year. 10. Escaramuch, Inc.: no current financial interest Tenatacion, Inc. : no current financial interest 02/08/2002 11:08 FAX 3038660200 Holmes Roberts & Owen 8001 Holrne Roberts &Owen rip Attorneys at Law 1700 Lincoln Street Tel(303)861-7000 Suite 4100 Fax(.303)866-0200 HN U Denver, CO 80203 I I I U FACSIMILES MAY BE SENT TO FIRM'S FAX LINE, (303)866-0200 or to the individual's direct fax line, if any: I'I I'i' • 'lei AVI' llii41" ':'• 'II• I. I NI III Ilbl i: .I. •i61 "I :,, i. I LII III III jleill • I ll ..;': jid@IPIame Is, I' lii :�ICtisnan /Ei;loq !' �IFIIIilll.l,jll;�j,�'�IL P)tp, li'I,llt Bruce T. Barker Weld County Attorney's 970-352-0242 970-356-4000 Office Ruben J. 303-857-1887 303-857-4870 Rodriguez Date: February 8, 2002 Billing: 47079-00020 From: Manuel L. Martinez Atty/User #: 0476 Message: See attached. Number of pages following this cover sheet: Two If the top of this fax shows that it was transmitted from 303-866-0200,please call our Copy Center at (303)866-0362 if there are any transmission problems. Otherwise,please contact Debbie Heglin,on Floor 41 at the following number: 303-866-0237. If you do not call within 15 minutes,we will assume you have received the pages satisfactorily. CONFIDENTIALITY NOTE: The information contained in this facsimile transmittal sheet and document(s)that follow are for the exclusive use of the addressee and may contain confidential, privileged and nondisclosable information. If the recipient of this facsimile is not the addressee, or a person responsible for delivering this facsimile to the addressee,such recipient is strictly prohibited from reading, photocopying, distributing or otherwise using this facsimile transmission, or its contents, in any way. lithe recipient has received this facsimile transmission in error,please call us immediately and return the facsimile transmission to us via the United States Postal Service. Thank you. Offices in: Denver Salt Lake City Boulder Colorado Springs London 2002-0354 / I I /Y`Ug 02/08/2002 11:08 FAX 3038660200 Holmes Roberts & Owen 01002 Holme Roberts &Owen IJ.r VIA FACSIMILE(970) 352-0242 AND U.S.MAIL February 7, 2002 Mr. Bruce T. Barker Weld County Attorney 915 Tenth Street P.O. Box 758 Greeley, Colorado 80632 Re: RJML LLC's Application for a Tavern Liquor License Manuel L.Martinez (303)866.0397 Dear Mr. Barker: momiun@hro.mm During a telephone conversation on January 31,2002,I explained that changes had taken place since the above application was originally filed on or about Attarneyt gawp September 28,2000. Therefore,we asked how best to update the application i(OOLinod^street based on the most current information. Suite 4100 D`^°e i Colorado You responded that changes to the application should be made in 80203-4541 correspondence directed to you. Therefore,below please find the changes we 7bl(303)861-7000 are requesting be made to the application. Fax(303)866-0200 www.hraeom A. Form DR 8404 RETAIL LICENSE APPLICATION Denver 2(a) State Sales Tax No- 40-48501 Salt Lake City 7(b) Yes Boulder Colorado 9(a) No 17(a) Ruben J. Rodriguez, D.O.B. 9-27-64 London No 17(b) No Registered Agent: Ruben J. Rodriguez 13015 Weld County Road 16 Weld County, Colorado #7139429 v1 02/08/2002 11:09 FAX 3038660200 Holmes Roberts & Owen 1003 Hobe Roberts &Owen TIP Mr. Bruce T. Barker February 7,2002 Page 2 B. SUPPLEMENT TO ATTACHMENT TO RETAIL APPLICATION: 7(b) Suspension imposed by the Town of Platteville, Colorado on October 4, 1994. Ruben and Maria Rodriguez were the licensees d/b/a Escaramuche. C. DR 8404-I - INDIVIDUAL HISTORY RECORD 11. Night Club 13. D.J., Promoter and Bartender 26. D.J., Promoter and Bartender 30. $125,000 31. $ 22,000 in Savings Account $ 3,000 in Checking Account $100,000 from Valley Bank in Brighton D. ATTACHMENT TO INDIVIDUAL HISTORY Add: On October 4, 1994,the Town of Platteville, Colorado imposed a suspension on Licensees Ruben and Maria Rodriguez d/b/a Escaramuche. Thank you for your cooperation. Please do not hesitate to contact me should any questions arise regarding this correspondence. Sincerely, r ''�' ,/c"a ) /421( Manuel L. Martinez cc: Ruben Rodriguez (via facsimile 303-857-1887) #789429 v7 w 13 2 ID I- 7 r L .x U al o r u uwN :J C ' zw u.: s ti i ; J i w ii G { t--. Ins 9L ` it ba z I i Lr 1 a 1'a` Yl V i' 2 v , k� Z fib 'i' V 3 C > ";- -z .4uti7 —- —,a-, o �� t 3 ? o p " IP d 3 -i fir �� Z �1 11:1; rj : / t __n g: - __i Li f ____vel I I I S•r►• 1 I DII • \' --ERN"C r I 1141 I,i ____I3 L riglLI� — ILA C _ 3 r a 4 r VI �: v \ G W .. l05' io" -- — — 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,all limited partners owning 10%(or more)of a partnership;all officers and directors of a corporation,all stockholders of a corporation owning 10%(or more)of the stock of such corporation; ail limited liability company MANAGING members,or other limited liability company members with a 10%(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) El Reventon Night Club 9/27/00 2.Your Full Name(last,first,middle) 3.Also Known As(maiden name/nickname,etc.) Rodriguez, Ruben Joseph Ruben 4.Mailing Address(if different from residence) Home Telephone 232 Elizabeth Court, Ft. Lupton, CO 80621 (303) 857-4870 5.Residence Address(street and number,city.state,ZIP) 232 Elizabeth Court, Ft. Lupton, CO 80621 6.Date of Birth Place of Birth 7.U.S.Citi;en? Chihuahua,Mexico X Yes ❑ No If Naturalized,state where When Name of U.S.District Court Denver , Colorado 12/6/85 U.S . District Court Naturalization Certificate Number Date of Certificate It an Alien,Give Alien's Registration Card Number Permanent Residence Card Number 12/6 85 N/A N/A 8.Height I Weight Hair Color Eye Color Sex Race 9.Do You Have a current Driver's License?If yes,give number,&state 5 ' 9" 180 Brown Brown Male Mexican ® Yes U No 10.Name of Present Employer 1 11.Type of Business or Employment Romance, Inc. j Manager of nightclub 12.Address of Business Where Employed(street number,city,state,ZIP) Business Telephone 33131 US Highway 85, Lucerne , Colorado 80642 (970) 351-8000 13.Present Position Manager 14.Marital Status 15.Name of Spouse(include maiden name if applicable) Married Maria L. Rodriguez Manriquez 16.Spouse's Date of Birth Spouse's Place of Birth Durango, Mexico 17.Spouse's residence address,if different than yours(street and number,city,state.ZIP) N/A 18.Spouse's Present Employer Occupation Housewife Housewife 19.Address of Spouse's Present Employer N/A 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 a LOCATION OF EMPLOYER 900 E. 88th Avenue Olga Galindo Sister Owner Fantasia N.C. Denver, Colorado Romance 33131 US Hwy 85 Manuel Manriquez Brother-in-law Owner N.C. Lucerne, Colorado 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 al Yes ❑ No Please see attachment 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. n Yes Q 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 U No Please see attachment 24.Military Service(branch) {From To Serial Number Type of Discharge None N/A N/A N/A 13/A 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 f TO 1035 S. Fulton Avenue Ft. Lupton, Colorado 80621 11/95 6/00 L_ 232 Elizabeth Court Ft. Lupton, Colorado 80621 6/00 Present 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 I FROM TO 7070 Winchester Circle Customer Micro Motion, Inc. Boulder, Colorado 80303 Service 8/8510/98 33131 US Highway 85 Romance, Inc. Lucky Star Lucerne, Colorado 80640 Manager 8/98 Present • 27.What is your relationship to the applicant'?(sole owner,partner,corporate officer,director,stockholder,member or manager) Member, manager and 100% owner 2B.It stockholder,number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner,state whether ❑ General E Limited Percent of Partnership Owned If Limited Liability Company(percent owned) 100% 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 515, 900. 00 31. 1 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 ail 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 Savings -Bank of Colorado $ 11,000 .00 I . # Ruben J . Rodriguez Checking/Savings - Vectra Ban] $ 4 , 900. 00 # Ruben J . Rodriquez Oath of Applicant I declare under penalty o erJury in-Ow second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. j Authorized Signature / ;' Title I Date • / l 9/28/00 Owner/Manager/Member ATTACHMENT TO INDIVIDUAL HISTORY RECORD RE: RJML, LLC, d/b/a EL REVENTON NIGHT CLUB 21. and 23. Ruben J. Rodriguez was an owner of Escaramuch, Inc. which had an alcoholic beverage license in Platteville which expired on October 13, 1994.Mr.Rodriguez had retained the services of an attorney to prepare the renewal application and the attorney failed to do so. Mr. Rodriguez was then required to apply for the alcoholic beverage license again from the beginning which was denied on December 13, 1994 due to "insufficient evidence that the needs of the neighborhood were not being met." Ruben J. Rodriguez was an owner of Tentacion, Inc. when on August 28, 1997, the Town of Dacono entered into a Stipulation And Agreement with Mr. Rodriguez (and his wife, Maria L. Rodriguez Manriquez)which approved a Tavern License on the condition that Mr. Rodriguez and his wife, Maria, not have any involvement with the business, Tentacion, Inc. and that the license would be suspended for 30 days but said suspension held in abeyance for 1 year on the normal conditions of no violations, etc. The sanctions against Mr. Rodriguez (and his wife) and the suspension were premised upon inaccurate answers regarding prior"denials" (see above). On October 27, 1997,Mr. Rodriguez and his wife, Maria, resigned as Directors and as vice president and secretary, respectively, from Tentacion, Inc. On December 16, 1997 Ruben J. Rodriguez, as owner of Escaramuch, Inc., entered into a Stipulation And Agreement regarding an alcoholic beverage license application in the City of Greeley whereby the application for the Tavern License was withdrawn and Escaramuch, Inc. was required to divest itself from Tentacion, Inc. The Agreement also rescinded the prohibitions against Mr. Rodriguez and his wife,Maria,from the August 28, 1997 Stipulation And Agreement,thus allowing them to be on the premises of Tentacion, Inc. and to be employed by Tentacion, Inc., and deferred a"suitability of character" finding regarding Mr. Rodriguez and his wife, Maria, if they would not apply for, have a financial interest in, nor manage a liquor licensed business for one(1) year. 04xlY KAA.t9"z Y1,lR ;v\ 4 , ' r1231a F)C k/ coo 62o000 Weld County SO '; ' .W4? Greeley, CO a3 Eic2_ah--tv, c- -- -- o3(k! Ct '- 1 (o Lk i 1 `••• 1-\ Mex S'�1it' ‘CSO Vhon a\ boon Cyhh, LC\cx is o L'M1)AbN-01 COUNTY COMMISSIONED '..1 ❑_EI?K TO THE BOARD ba.i_P 000NTY COLORADO P. O. BOX 758 '; 4R5ELEY, "COLORADO_ 8063Z LIQUOR LICENSE �i i \‘ I O ?. 7gj 11, rH;\ itoll6 , ,Ij l��l1ll$. '0,,,,,c, ',-.7 � '/' / j II , / L , II/ "a''A r _ e -3` ' ' it gs :1I . C\‘,\.', N - jjIIII � -" ' _ p ;34. � aI. .i; �k n illy J ._..... ....,. JI y Fns 45 . _, J •u 'e T_v d„` . . . L EAali_-'64A9.Sa"SPACE BLANK :?" tdJ 811 e r ye 0 0 r 1 >,Ga Feb-03-02 10: 11P Vigil & Company__ 303-.255-7142 P .02 /,2 tP , �' --- Slate Representative ,.,\�*.•�>, •�c•:"`,;'!/ Member: VAL VIGIL Appropriations876 *, Appropriation Committee 9908 Garfield Court Information&Technology 71w ,CO Os 880229 COLORADO CoLegislatHoeiveCommittee Far 303-255-7142 HOUSE OF REPRESENTATIVES Capitol: 303-866-2964 E-mail: vigilval@gweat.net STATE CAPITOL DENVER 80209 February 1,2002 Rob Masrden,County Commissioner 915 Tenth Street P.O.Box 758 Greeley,CO 80632 Dear Mr.Maslen: Allow me to introduce myself,I'm Val Vigil State Representative for House District 32 representing Original Thornton,Commerce City and portions of South Adams County. I have been the representative here for the last four years. Let this letter serve as a personal character reference for Ruben Rodriguez. I have known Mr.Rodriguez and his family for the last several years. During this time I can tell you that Mr.Rodriguez has conducted himself as a respectable and well-educated individual. Mr.Rodriguez has sufficient experience in management specifically in this case in managing nightclubs. Mr.Rodriguez offers a great service to the Hispanic community. The Hispanic community deserve to have a place of relaxation after a long week of hard work. They have left their country in search of good paying jobs and they deserve to have a place that they can go and relax and be with friends. Let us not forget that our economy would not have prospered as it has without the help of the Hispanic Community. So again,I ask that you look at Mr.Rodriguez as a good pillar of the community. Respectfully submitted The Honorable Val Vigil State Representative HD 32 Sent By: RANGE',t''c ;O(l':tt.t?J t • I''O.rg01.; 3034126707; Sen•27.00 1 1 :20; PagA '1 3030808.7519 :155 F it .:05 1. . SglVillber 1111 ro. Multi lti Il :li.l\ c.'once:'n • t i UITI' Etoht't t '.h:..,v't11akc RP.: Rtthco ht,flrut.ct .As a r_1st.t 1;:t !.ricnd '. i f41r kodriguee tar the past year I have observed a .ery respu1'1sihIt t1 ,i1..-t Ind caring individual. Mr. Rodriguez has dealt with intense situations effeciently and still getting the job done. I feel that he has great 11 l.t; ` ; : ;''1;'8S do11C, and also takes the time to help others with there problems. 11 is a great 1..v1), 1:, have a personal friend such as Mr. Rodriguez, and to know that 1' can ccunI on E; m .a .tovtiine ' Robert Sit %. •: :a t)l rt;et o r , \ , , v It000 itillidilltilli flSO Northern Colorado's ONLY 24 hours a day Spanish Station October 6, 2000 To whom it may concern: I am most confident and proud to be able to write a letter of recommendation on behalf of Ruben Rodriguez. I have known Ruben Rodriquez for over three years and I would have to say that it has truly been a great privilege. As the general manager of KGRE Spanish Radio I have done business with Ruben, and through every business dealing he has proven that he is a person of good character. Ruben has shown myself and others that when it comes to business he is an honest and responsible person. He is a person who is always positive and striving for the best. I am most confident that Ruben is able to accomplish anything that he puts his mind to. He is a hardworking person who not only does outstanding work to accomplish his goals, but he also puts all his effort into helping others. I know that I am able to count on Ruben, whether it be business or for personal reasons. Ruben Rodriguez is certainly an outstanding person who is worthy of your consideration . If you have any questions or concerns please feel free to call me at KGRE Radio at (970) 356- 1452. Singly, ,: enerai Manager 1020 9TH St. Suite 201 Greeley, CO 80631 Tel, (970) 356-1452 Fax (970) 356.8522 e-mail: KGREemsn.com ti/irt..^m1ft11 • ..5f.1)752 September 27, 2000 7o Whom It \t.4v ( ..pr:r.ern It is with great pleasure that 1 document my relationship with Reuben Rodriguez I have know Reuben for over 2 vearc nov. and have been honored to be thought of as a &tend and partner Reuben is a mart of great honor, diactpline and integrity fie is able to maintain these%irtues in a very challenging career while tetmtinit a rn•)Jel for any +ether husband and father I'm confident in puninc forth guhpatt in am v<ttturr Rru`+rp, torts worthy in embarking upon Sincere-1v Clary ,Mueller Alltant Foodicr�Ke ferrurny tisanr,.:t- Cad STATE RADO 187 DEPARTMENT OF STATE CERTIFICATE I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE RJML, LLC (COLORADO LIMITED LIABILITY COMPANY) FILE # 20001187223 WAS FILED IN THIS OFFICE ON September 26, 2000 AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE. Dated: September 26, 2000 l tl Lass a SECRETARY OF STATE Please include a typed MAIL TO: For Office Use Only 1 • self-addressed envelope. Secretary of State ,3 MUST BE TYPED Corporations Section FILING FEE:$50.00* 1560 Broadway,Suite 200 ..— t u r • , MUST SUBMIT TWO COPIES Denver,CO 80202 STATE Ci t�� 'rJ� (303) 894-2251 Fax(303) 894-2242 ARTICLES OF ORGANIZATION I/We the undersigned natural person(s) of the age of eighteen years or more, acting as organizer(s) of a limited liability company under the Colorado Limited Liability Company Act, adopt the following Articles of Organization for such limited liability company: • FIRST: The name of the limited liability company is RJNI LL-C SECOND:The limited liability company is organized for Any Legal and Lawful Purpose Pursuant to the Colorado Limited Liability Company Act. A more specific purpose may be stated: THIRD: The street address of the initial registered office of the limited liability company is 13(11 5 WP1 r1 f ntmty Rnac1 16 , F{- _ r.upf cri Co nrarin R06i71 The mailing address(if different from above)of the initial registered office of the limited liabilty company is P_n_ Ben( 52 , T,urerne , C'c1. orac3n 80646 The name of its proposed registered agent in Colorado at that address is P.111-man .T_ Rnciri g33ez FOURTH: The management is vested in O managers 0 members. FIFTH:The names and business addresses of the initial manager or managers,or if the management is vested in the members, rather than managers, the names and addresses of the member or members are: NAME ADDRESS(include zip code) Ruben .7 Ro.i rig.iie7 P 1) Hn_x rig Lucor-n,,, CO 80646 SIXTH:The name and address of each organizer is: NAME ADDRESS(include zip code) Ruben J. Rodriguez P.O. Box 52 Lucerne, CO 80646 Signed Signed Organizer Rod-ri ez Organizer 'Fees are subject to change and should be confirmed before filing. No.1110.Rev.7-94. ARTICLES OF ORGANIZATION (- Bradford Publishing.1743 Wazee St..Denver.CO 80202—(3033 292-2500—7-94 ,it ieiesi tiantwr ?' ilu1`..: 21 N. 1St. Brighton, CO. 80601 Phone: 303455-0000, Fax: 303-656 0407 , The printed pertainsof thb Ibr10 have been append by the Colorado Real Estate Celvaloa(CBS 2-9-99) 1IIIL9 FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL WORE SIGNING. CONTRACT TO BUY AND SELL.REAL ESTATE (COMMERCIAL)(NEW LOAN) Dale 9Pjltember 12 7000 1. AGREEMENT. Buyer agrees to buy and the undersigned Seller agrees to ad8 the Property defined below on the lean and renditions set forth in this cmtract. 2. DEFINED mum. a Saner. Buyer, Ruben J Rodriguez Jose De-Jesus Silva Manuel Plant issues will take title b the real property desaabed below as El Joint Taints ❑Tenant, In Common 0 Other n/a b. Property. The Property is the following legally described real estate: Sea attachment,schedule A. in the County of Enid ,Colorado,commonly known as No. 11015 NCR 16 Ft Lupton Co. 80621 Street Address City . State Zip. together with the interests,easements,rights,benefits,improvements and attached fixtures appurtenant thereto,all interest of Seller in vacated streets • and alleys adjamnt Marto,except as herein excluded, r. Dales and Deadliest,. limn N. ._ iM Rehear* Event Date or Deade 1 §5a Loan Application Deadline August 10, 2003 2 556 , Loan Commitment Deadline September 15, 2003 3 §5e Buyer's Credit Information Deadline September 19, 2000 4 4 Sc Dieapprwal of Buyees Gadit Deadline September 22, 2000 5 §5d Existing Loan Documents Deadline n/a • 6 4 5d Objection to Existing Loan Deadline n/a 7 §5d AppnlvalofLoan Transfer Deadline n/a 8 _ §6a Appraisal Deadline September 15, 2003 9 §7a Title Deadline • September 01, 2003 10 §7a Survey Deadline October 01, 2003 11 §7M Document Request Deadline October 10, 2003 12 §8a Title Objection Deadline October 13, 2003 13 §Bb O@-Record Matters Deadline • October 10, 2000 14 §8b Off-Record Mature ObjectionDeadline October 17, 2000 15 §10 Sdiaa Property Disclosure Deadline September 22, 2000 16 § 10a Inspection Objection Deadline October 27, 2000 17 4 101, Resolution Deadline November 03, 2000 1s §11 Cicalae Dace See aditional provisions 19 §16 Possession Date November 10, 2000 20 _ § 16 Possession Time 6pm 21 §28 AScepeanm Deadline Date September 19, 2000 22 §28 Anaphase'Deadline Time 6pm n/a n/a eta CBS 24-0s,Centred to Buy end see Reel Estate(Cammeruaf Anita RiA3TO Fortner Bea 47(X),Faro,CO 60943, U nian e.OZ,C1tedFAST®,2000:Rime LC0001225699 . MnpU.4 , , LyN,� e"r'Aasacet%Caldwell Beaker Plains e:.#7 dpf 1 Mats) lb f .—J� 00M/00136563 Sell s J i n/a I n/a I n/a d. Attachments. The following exploits,attachments and addenda are a pan aline contract Schedule A legal discription, lead base paint disclosure,measurement disclosure,transaction broker addendum, addendum to contract for sale of Real Estate- e. Applicability of Terms. A chock or similar made in a box means that such provision is applicable.The abbrovidim"N/A"means not applicable. 3. INCLUSIONS AND EXCLUSIONS. a. The Purchase Prim includes the following item(Inclusions): (1) Fixtures.If steadied to the Property on the date of this contract,lighting beating plumbing,wattling,and air conditioning fixtures,inside telephone wutng and connecting bioda/jocks,plants,mirrors,floor coverings,intercom systems,sprinkler systems and controls,and all attached fixtures on November 10,2000 (2) Other Indasiau.If on the Property whether altached or not on the date of this contact atoms windows,storm doors,window and porch shades,awnings,blinds,screens,window coverings,curtain rods,drapery rods,storage sheds,sod all keys. Check box if included: ®Saelke/Fke Detectors, ®Security Systems;and 1)/a (3) Tlnde Fixtures. With respect to trade factrno, Seller and Buyer agree as follows: n/a b. Instruments of Transfer. The inclusions mato be conveyed at Closing fine and den of all tides,liens and encumbrances,except as provided in§12. Conveyance shall be by till of sale or other applicable legal instrument®. e. Exclusiou5,,The following attached fixtures me excluded from this sale: sellers non attached trade items 4. PURCHASE PRICE AND TIMMS.The Purchase Price set forth below shall be payable.in U.S.Dollen by Buyer as follows: Item No. Reference Item Amount Amount 1 6 4 Pwdaso Prco $ 474,000.00 2 g 4a Ennest Money S - rife 3 §4b New Loan 474,000.00 4 §4e Assumption Balance n/a 5 §3/41 Sella or Private Financing n/e 6 §4e Cash d Closing 7 TOTAL S 474,000.00 S 474,000.00 a. Famed Maaey.The Earnest Money set forth in this Section,in the tin ofper-tonal rherk ,is part payment of the Purchase Price fad shall be payable to and held by Frnnt Rangn Ti t 1 n , in its turn account m behalf ofbeth Sallee and Buyer.The pasties authorize delivery ofthe Earnest Money deposit to the Closing Company,if any,at or before Closing. b. New lean.Buyer shag obtain a new lean sot forth in this Section and as Bellows: ®Conventional ❑Other n/a This loan will be secured by a 1 at (1 at 2nd,etc.)decd of trust. The trial loan amount not in excess of S 4'74.nno fin shall be anonimd over a period of tlhd years at sppmxinetelyi the per month including principal and interest not to exceed bbd % per-annum, pins, if requited by Boyers leader,a monthly depost of 1/12 of the estintated mutual real estate taxes and property insurance premium.If the loan ism adjustable lamest rate or graduated payment loan,the monthly payments and interest rate initially shall not excised the figures cot forth above. Lem discount points, if any, shall be pail to lender at Closing and shall not exceed the % of the total lout amotmt. Notwithstanding the loan's interest rate,the that Ind loan disconmt points shall be paid by the and the Wane,if any, shall be paid by the Bayer shall timely pay Buyds loon ends and a loan origination fee net to exceed bbd %of the loan amount. c. An®ntiou, ((knitted-Not Applicable] d. Seller or Private Financing,[Omitted•Not Applicable] e. Cash at Cbsing,All amounts paid by Buyer it Closing including Cash at Closing, plus Buyer's closing costs, shall be in funds which comply with all applicable Colorado late;, °Aaich include cash, electronic transfer fonds, codified check.savings and ban teller's check and cashier's check(Good Funds). S. FINANCING CONDITIONS AND OBLIGATIONS. a. Loan As dicatioe. If Boyer is to pry all or pan of the Purdiase Prim by obmining a new loan,or if an existing bans not to be released d Cbng,Buyer,ifrequired by suds bander,shall maim widen application by Loan Application Deadline (§ 2c).Buyer shell cooperate with Seller and lender to obtain loan approval,diligently and timelypursue same iv good faith,execute all documents and finish all infounatim CBS 7Ma,Ce,Baci to Beyond Sell Rae'Estate(Conmrreal),inns ReeFAfTO rams,Box 4700,Remo,CO 80443, Version 0.02,CRalFA$TA,2000:Rena LC000122EBss Completed ky Lye).BrokerAssodaee,Caldad Banker Plains ayes) `�4 00/11/0114:15:13 ee 2 7 and documents requited by lender,and, subject to§4,timely pay the costs of obtaining such lam or lender consent Buyer agrees to satisfy the reasonable requirements of lender,and shall not withdraw the loan or assumption application,nor intentionally cease my clump in circumstances which would majestic'lender's approval tithe loan application or fording of the loan. B. Lose Co®Imrat.If Breyer is to pay all or part of the Putrhace Prier by obtaining a new loins specified in §4b,this contract is aonditioml upon Buyer obtamng a written loan commitment banding,if requited by leader,(1)lender verification of employment, (2) lender approval of Beyes's credit-warthiness, (3) lender verification that Bayer has sulficimt funds to dose, and (4) specifiotiort of any renaming , seWsremeS;S funding said bats This condition shall be deemed waived tellers Seller receives horn Buyer,no later then Loan Co®ettment Deadline(§2c),written notice of Boyers nabilkyto obtain such lean oommtnsat lfBuyer b notifies Seller,this contract shall terminate. IF BUYER WAIVES THIS CONDITION BUT DOES Nor CLOSE,BUYER=ALL BE IN DEFAULT. c. Credit IafermAon.[Omitted-Not Applicable) d. EaisYaA Inn Reim[Omitted-Not Applicable) 6. APPRAISAL PROVISIONS. a. Aporsdaal Ceudidos This subsection a. 0 Shall N Shell Not apply. Buyer shall haw the sole option and detains to termini/tends contrail if the Purchase Price exceedsthePropady's vatedion detemmined by an appraiser engaged by borer .The contract shall terminate by Buyer giving Seller written notice of terminsttm and either a copy of such appraisal or written notice tom leader which confirms the Property.valuation is less than the Purchase Price,received • at or before the Apprdsal Deadline(§2c).If Seller does not receive sash written notice of termination on or before the Appealed Deadline (§2c),Bnyeraerhec any right to terminate ender this subsection. b. Copt of Aoorahal.Cost of any apprasal to be obtained after the date ethic contract shall be timalypaid by ®Buyer Q seller. 7. EVIDENCE OF Trrtz. a, Evidence a1TItic Sarver On or before Title Demure (§ 2c), Seller shall cause to be famished to Buyer,at Sellers expense,a anent commitment fa owners title nsutaoce policy in an amount equal to the Purdue*Price or if Ibis box is checked, ❑An Abstract of title cenifiad to a ceumt dab. If a title insurance commitment is tbmished,it ®Shall ❑Shall Net commit to delete or insure over the standard exceptions which relate to: (I) parties in possession, (2) unrecorded easements, (3) suvey matters, (4) myunrccorded mechanical liens, (5) gm period(effective date of commitment to date deed is recorded),and (6) unpaid taxes,assesemmts and unredeemed ax sales prior to the year of Closing_ Any whir Meal premium t epmse to obtain this additional coverage shall be paid by T 'd.eno.nrRawer 0 Seller-An remount not to exceed for the oust of improvement location certificate a survey Widths paid by ®Breyer ❑Seller. If the cost exceeds this amount,Miser shall pay the mass on or before Closing.The improvement location certificate or nine y shall be received by Breyer as or before Survey Deadline(§2c).Seller shall cause the tile asmance policyto be delivered to Buyer as soon aspracticable at or after Closing. R Cepao of Ercepuoias.On or before Tile Deadline(§2c),Seller,at Seller's expense,shall finish to Buyer,(I)a copy of any plats, • decimalises,covenants,conditions aid restrictions burdening the Property,and(2)if a tile insurance commitment is required to be bsmished,and if this box is checked ®Copies of soy Other Documents (a,if illegible, summits of such doccments) listed in the schedtde of exceptions (Excaptnns)-Even tithe box is net checked,Seller shell have the obligation to t nnish these documents pmsnant to this subsection if requested by Buyer any time on or before the Document Request Deadline(§2c). This ngouement shall pertain only to documents as shown of record in the office of the clerk and recorder(s).The abstract or title ocurnnco commitment,together with any copies or summaries of such documents flenlshed pennant to this Section,constitute the tide documents(Tile Documents). & TITLE. a. Title Rams,.Buyer shall have the right to inspect the Title Documents.Written notice by Buyer of unmerchanability of tkle or or any other unsatisfactory title condition shown bythc Title Documents sludl be signed by or on behalfof Bnyer end given to Seller on or before Tittle Objection Daad➢ee (§ 2c), or within five (5)calendar days der receipt by Bayer of any Title Document(s)or edonement(s) adding new Exception(*)to the title comminment together with a copy of the Title Document&dig now Exception(s)to title-If Seller does not receive Buyer's notice by the date(a)specified above,Buyer accepts the condition of title as disclosed by the Title Documents as satist3etmy. b. Mitten sot Shown)and aunty®by the Public Records. Seller shall deliver to Buyer, m or before Of Record Meters Dentine (§2c)two espies of a➢ierg(e in Sclae possession pertaining to the Property and shall disclose to Bayer all easements, liens or other title sitters not shows by the public records of which Seller her actual knowledge.Buyer shell have the right to third purty(as)has any right in the Property gh ent,ins unrecorded i the Property ,or boundary y any dlecrapmry) Written notice of m u not shown by die public edre by seller heck raveled ale le asancm, ]nor, ro n beh line y OtrRace cti (s)dscon eaSelle(a . Sby such inspection onn shall be noticedy said date,e Buyer Breyer std then c to arch en or before rc OB-Reeerp Marten hick Bu Objection Dadihre(§20}If sat➢ate coca not receive Buytyc notice by said Buyer actxpts title subject to moh sights,Wary,ofthad pastier of which Bayer has actual lmowledgc, e. Spada'TaxtarMerida SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION immarruniress THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON TTiE TAXABLE PROPERTY WITHIN SUCH DISTRICTS P7tOptRrw OWNERS IN SUCH DISTRICTS MAY )li PLACED AT RISK FOR INCREASED MILD, LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF sure DEBT WHERE CIRCUMSTANCES ARISE RESULTING INTHE INABHIry OF SUCH A DISTRICT TODISCHARGE SUCH RIDE BTEDpngnSS WITTTOUT SUCHAN INCREASE IN MILL LEYIffi,BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDERTEDNJSS OF SUCH DISTRICTS, EXISTING MILL LEVIES OP SUCH DISTRICT SERVICING SUCH In event AN UM PO'TENT'IAL FOR AN INCREASE IN SUCH MILL LEVIES, the Property is located within a special taxing district and Buyer desires to terminate this contract as a result,if written notice ern 2.4-ft ces4aa to hayed so it's Grate(Conensela0.Lrata RaSAfTS Fortes,Out 4700,Piece CO 80443, version 13 OZ CReee'a 'yl 2000;Rego LCOO=26000 .. Completed by-Becky tyatl,&akar Associate,Ccldtell Banker Plains w,««..'"c-is .02 or Wig � � IWISIL sit. HE E 5a�tt-rS is received by Senesce orbtom Off-Racal Mitten Objection Deadline (§ 2c), this contract shall then animate. If Sells does not:awe Buyer'snotice by such dale,Buyer accepts the effect of the Property's inclusion in such special taxing disnict(s)aid waive the right to so tmn inae. d. Right to Oars.If Seller receives notice of msmerrhaetability of tide or any otheruneatisthetory title condition(s)or committee*terns as provided in§ g a or b above Sella shall use seasonable effort to coned said items aid bear mynomnal expense to correct the same prior to Cloying if anch muat'i actory title cmdiim(s)am not corrected on or lams Closing this contract shall then terminate-.provided,however,Buyer may,by writtm notice received by Seller,an or beine Closing,wehe objection to such lbw. e. The Advlrory, The Title Documents affect the title, ownership and me of the Property and should be reviewed carefully. Ad&tionelly,other matters not reflected in the Title Documents may affect tie title,ownership aid use of the Property,including wi hout limitation boundary lines read eaeroaehmeeds, erect, naing, unrecorded easmcnts and claims it easements,lasses aid other unrecorded ■gteereents, and aims has aid gevemmmti legnbtions concerning land use, development and environmental meters. The surfeit state my be awned • separately from the a adedylag mineral estate,and transfer d the rata.estate does net eecmaarily abide tcomfer of tba®sal rights. 71d rd paries may hold latema in oil,gas,ether mharab,tteudrrmal eaeegJ er water en or under the Prgrrty,wish intends eery give tea Riga to at-and use the Property. Such matters may be excluded from the tide intact policy. Boyer is slvleod to timely consult legal cemasel with respect to all such matters as them an strict tine Snits provided in thin contract(eg, Title Objection Deadline[§2e]and Oil:Record Mdwa Objection Deadline [§1c]). 9. Li'AD-RASED PAINT, Unless exempt, if the inple entenk on the Property include me or mom residential dwelling(s) far which a building permit was issued prior to Jaivay 1, 1978,this contra shill be void unless a completed lad-Based Paint Disclosure (Sales)form is signed by Seller and to nand real wise keasee(s),which must occur prior to the patios Jiving this contrst. i 10. TROPTRTY DISCLOSURE AND INSPECTION.On urban,Seller's Properly Daiwa Domain's(§2c),Seller egress to provide Bayer with a written disdain of adverse matters regarding the Property completed by Salter to the bed of Seller a current actual knowledge. Imt tetbe OMeetian Deadline. Buyer dull have the riSJit to ha inepedim(s) of the physical condition of the Property and Cadasbne,at Buyds expense.Ifthephyaical emdiim of the Prepay or Inclusions is unsatisfactory m m before Impectie Objection Damao (§ try in Btrya's subjective ciliation,Buyer shall, (I) notify Seller in writing that this contract is terminated,or (2) provide Seller with a written description of any onsatie rcary physical condition which Buyer require Seller to cornet (Notice to Correct). If written notice is not received by Seller on or before Inspection Objection Deadline (§ 2c),the physical condition of the Property and Inelmiom shag be deemed to be satisfactory to Buyer. b. Resolution Deadline,If a Notice to Coned is received by Seller and if Buyer and Seller have not agreed in writing to a settlement thereof en or before Readutian Media(§ 2e),this contract shall tannings ma calendar day following the Resolutim Deadline ((§ 2e),unless bare such temmdbn Seller receives Burgers written witldmwel of the Notice%Con-act. a Dawpet Liens; Lsdmnite.Buyer is responsible far payment Sr all aspstions,rerveys,engineering reports or for any other work performed at Buyer%request and shall pay Sr any damage which oasts to the Property and Inclusions ass result of such activities. Buyer shall not permit darter lien of say kind against the Propertyfor iaspeaicus,surveys,engineering reports and foray otheraork performed on the Property at Buyelt tegwat.Buyer agrees to indemnify,protect and hold Seller haemlese from and against sty liability,damage,cost or expense incurred by Seller in coanedim with any such inspection,claim,or Sea This indemnity iodides Solbfs right to moat all costs and expenses inured by Seller to enforce this eubsectim,mcludig Seller's returnable attorney Ter.The provisions of this subsectiei shall survive the termination of this convect 11. CLOSING. Delivery of deed(::)from sever to Buyer shell be at Closing(Closing).Closing loll be on the date spedfed as the Closing Date(12E)et by mutual egteementatm ealierdate.The hour mid place of Closing shall be as designated by Front Range Title 12. TRANSFER OF TCI'I.E.Subject to tender or payment at Closing as required herein and compliance by Buyer with the other terms and malaise ben s:4 Seller shall execute and deliver a good ad sufficient ynnara1 warranty deed to Buyer,a Closing,conveying the • property free and clear of all tares except the general taxer for the year of Closing Except as provided herein.title sheli•bo conveyed fuse and clear • etall liens,including any governmental liens Sr special improvements installed as of the date of Buyer's sigeaum hewn,whether stesed or not. Title shall be conveyed subject tern a. those meth Exceptions described by refarmee to recorded documents as reflected in the Tile Documents accepted by Buyer in rooerdace with§8a(Title Review], b. • distribution utility eawaumts, c. those specifically described rights ofthird parties not shown by the public records of which Buyer has actual knowledge and which am accepted by-Buyer in accordance with§Sb[Matters Not Shown by the Public Recorels],ad d inclusion tithe Property within any special taxing district,and e. the benefits and b rdena deny declaration and party wall agreements,if my,and f other D/a 13. PAYMENT OF ENCUMBRANCES.Any encumbrance required to be paid shag be paid at or before Closing from the proceeds of this transaction or from any other source. 14. CLOSING COST$DOCUMENTS AND SERVICFS.Buyer and Seller shall pay,in Good Funds,their respective Closing cons and all other items required to be paid at Closing except as otherwdee provided herein.Buyer and Seller shell sign and complete all mstmnaryor reasonably requited decorate at or before Closing.Pees for real ester Closing services shall he paid at Closing by ®tl ue-Haff by Buyer and Cue-Half by Seller Dana ❑Seller ❑Other n/a • Tim local transfer tar d n/a 'A of the Purchase Price shall� be paid at Closing by ❑Royer 0 Seller.Any sales and use tax that =yarn because oftis transient shall be paid when due by ❑Buyer ❑Seiler. IS. PROBATIONS. The following shall be prorated to Cloabg Dale(§2c),except as otherwise provide& a. Taxer.Personal preparty tales,ifany,and general real estate taxes Sr the yea of(iota ,lased on ®The Tams for the Calendar 0 ❑ GUS24141,saran to Slya%sax Rai rate(Ceewerrc;aq,asses RaaFATir Foam Box 4700•Frisco,080443. Varian a02,CRSFAMTS,2000;Redl LCOCOL?26G89 06616666 tpar,haAveodsa.Scam Banter Plains goats) 09(11100 00/1110014:15:13 ve 4 017 �R(9 tN1EOE Year iaaediatety Preceding Coning The Mint Recent Mill Levy and Mest Recent Assessment Other Dia b. 'true.Raab based on O Rents Actually Received O Accrued- Security deposits held by Saner shall be credited to Buyer. Seller dull assign all knee to Buyer and Buyer shall assume such leases, pin C. Other preeminees.Water,'ewer charges;end interest on continuing loa(s),if any;and Dnthina else d. Final Settlement. Unless otherwise agreed in writing these monitions shall be final. 16. POSSESSION.Possession of the Property shall be delivered to Buyer on Possession Date endPossession Tune (§2c),subject to the following base(e)ortenency(ey none If Seller,after Closing,fib to deliver possession as specified,Sella shall be subject to eviction and shall be additionally liable to Buyer for payment of S 400 dP per day from the Possession Date(§2c)until possession it delivered 17. NOT ASSIGNARI.E. This emtrad shall nit be assignable by Buyer without Seller's prior written caret Except as so restricted,this contract shall inure to the benefit and be binding upon the heirs,personal representatives„smcessoss and assigns of the parties. It CONDITION OF,AND DAMAGE TO PROPERTY AND INCLUSIONS.Eteept as a benvise provided it this contract,the property. Inebisions or both shall be delivered'nibs condition existing es of the date ofthis contra otdiaryvim and tear excepted. a. Capkyt Mumma.In the evert the Property orinclmions shall be damaged by fire or other casualty prior to Closing,ban amount ofmt mole that ten percent of the total Parehae Price,Sella shall to obligated to martin same before the Closing Date'(§2c).In the event such damage is not repaired wihio said time or if the damages exceed such sum,this contract maybe terminated at the option of Buyer by delivering to Seller writer notice ofterminatiton.Should Buyer elect to cagy out this contract despite such damage,Buyer shall be retitled to a credit,at Closing, for Blithe i nre proaedrraehng from such damageto the Property and Inclusions payable to Seller but not the owners'assaciaim,if any,plus the amount of sny deductible provided for in such insurance policy,such aeditnot to exceed the total Purchase Prise. In Demeter taclesbns;Services.Should my Inclusion(c)or serviette)(ichedig systems and components of the Property.'e.g.heating. planbig,do)fad or be damaged between the date debts contract and Closing or possession,whichever shall be earlier,then Seller shall Italians for the tepa"ar or replacement of such inclusions)or savice(s)with a unit of similar size,age and quality,or en equivalent credit, but only to the Meat that the mrgintreaa or replacement of such Indusion(s),service(s)or fecture(s)is not the responsibility of the owners'association,if any, testacyin naa pracials receivedb y Buyer covering end,repair or replacement c TYak&TLroeei:Vesifcatien of Cannata.Buyer,upon reasonable notice,shell have the right to walk through the Prepetyprior to Closing to verify that the physical codifies oldie Property and Inclusions complies with this contract IS. RECOMMENDATION OF LEGAL AND}'AX COUNSEL,By signing this documenf,Buyer and Seller acknowledge that the Selling Company or the Listing Company has advised that this document hes important legal consequences and has recommended the exemiatim of title red eonsnitatbn with legal and tax or other COMMA bans signing this contract 20. DM1 OP ESSENCE AND REMEDIES.Time is of the essence hereof If any note or cheek received as Earnest Money hereunder or any ashes payment doe hereunder is not paid,honored or tendered when due,or if any other obligation hereunder is not pectinated or waived es heron provided,them shall be the relbwieg remedies: a. Ebner Is in Default, (1) Stoning Perhraaaee.Seller nay elect to treat this contract as canceled,in which case all psyments and things of value received hereunder shall be fattened and retained on beisifof Seller,and Sellermay recover such damages as nay be proper,or Segermay elect to treat this contract a being is full force and elfin and Seller shag have the right to spedfio petformra ordamagee,or both. ❑ (2) Liquidated Damages:All payments aid things of valor received hereunder shall be fosfeited by Bayer and retained on behalf of Seller and both parties shall thereafter be released fens all oblige/time hereunder. R is agreed that such payments end things of value am LIQUIDATE)DAMAGES and(except as provided in subsection c)ate SELLERS SOLE AND ONLY REMEDY for Boyes's Silures to perform to obligations of this cmtnd.Sellerehpresslywives the remedies of spedfa perfnmaaee and additional damages. b. If Sacrists Defeat. Buyer may elect to treat this contract IS canceled,in Mack ease all payments and things of value received hereunder shall be returned and Buyer nay recover such damages a may be proper,or Buyer may elect to treat this contract as being in full farce rad effect aid Buyer shall have the right to specific performance or damages,or both. c. Costs and Lapases, in the event of any satiation or litigation relating to this contract,the arbitrator or court shall awerd to the prevailing party all reasonable eons-and Inputses;including attorney the!. Z1. MEDIATION.If a dispute arises relating to this contract,prior to or after Closing,and is not resolved,the parties shall Ent proceed in geed faith to submit the maker to mediation Mediation is a process in which the parties meet with a impartial person who helps to resolve the dapmte informally and confidentially. Mediators cannot impose binding decisions. The pintas to the dispute must agree before any settlement is Nadmg. The parties will jointly appoint an accepta&e mediator and will share equally in the tad of snob mediation The mediation, unless otherwise agreed,shall terminate in the event the entire dispute is not resolved 30 almdar days from the date written notice requesting mediation is sent byene party to the otha(s).This Sedion shall not alter any date is this contract,unless otherwiseareed. 22. EARNES'wont=Pint Notwithstanding any termination of this contract; Buyer ad Seller agree that, in the event of any eoatreveeey regadngth Eamon Money and things of vain held by broker or Clueing Company(rtes mutual wrier instructions are received by the holder of die Earnest Money and thing of value),broker a Closing Cowpony shall not be required to take any action but may await any proceeding,or act bokert Of Closing Company's option end sole discretion,may nterplead all parties end depot*any monsys or thigs of value into a coca ufeamipatem jurisdiction and shallrecowr nit costs and reasonable attorney les. 23. TERMIRATTOM, TO the swat this coatract is terminmed,all payments and things of value received hereunder shall be returned and the panics draft be relieved ofW obligations heremder,subjeam§§I tie.21 and22.24. ADDITIONAL PROVISIONS. (The language of these additional provisions has net been approved by the Colorado Real Estate WMMZoe eaaraete Buy and Sell Rat ratite(Conawdan,Salle RarFA3TB Feint Dec 4700,New;CO 00443.Vaam 602,CRSFASTS,2000:Reglh LCOCCL72G6e9 cancans Lynn,BrokerAaesdate,Coidvotl Balser Rain eoyerts) / (�J� - 09/1110014'.15.11Seilor(sha ed9 INERE 1. Re: Paragraph 11/Closing; el Preliminary- closing shall be November 10,2000. #2 closing I date shall ha November 10,2003. 25. ENTIRE AGREEMENT;SUBSEQUENT MODIFICATION;SURVIVAL This contrail eonadtdes the entire contract between the patios relating to the subject hereof and any prior agreements pertaining thetete,whetter one or rotten,hive been merged and integrated into this atm.No subsegaes*modification of any of the toms of this contra*shall be valid,binding upon the parties,or eersmeable unless made is welting and signed by the posies.Any obligation in this contract which,by its terns,is intended to be performed after termination or Closing shall survive the same. 26- FACSIMILE. Signatures ®May O May Not be aidmced byfacs mile Documents with original signatures shall be provided to the otherparty atClesing or earlier upon request ofanyparty. 27. NOTICE.Except fir the notice requesting mediation desenbed in§21,any notice to Buyer shall be effective when received by Bayer or by Selling Companysad asynolice is Seller sbaibe effedivewhen mceivedby Seller or Listing Company. M. NOTICE OF ACCEPTANCE;COUNTERPARTS. This proposal shall expire taxless accepted in writing. by Buyer and Seller, as evidenced bytheir sgatra below,and the offering partyncaives notice of acceptance ptanuam to§27 on or before Acceptance Deadline Date and Acceptance Deadline Time(§2e).if accepted,this document shall become a tonttaet between Seller and Buyer.A copy of this document may be lost Red ,each petty.muratel and when each party has executed a copy thereat au eh espies taken together shall be deemed to be a full and P BUYER DATE a l Ruben a R dri BUYER ,rte® .�,r- DATE / 6 e9 Jos -Je e. Si va BUYER 0iezete rr/'/r.✓/%at.-/,f,�.lf? DATE /07rd Manuel Manriquez S e"YE ✓t 00aor fear is being yred or rejected, do not sign this document Refer to§29] � SELLER DATE 9�,/)��C3qCJ Emmett SELLER (t'Ain„K, ., 0 DATE Catherine -Eat:w6q 'FOR en(3V 29. (ARM r LR; REJECTICM.This otter is ❑Contained D Rejected. Egg 2441.eaten to Buy and den Res Easate(Cmm,ardaq.MINI ReG FAS1!Fermi,Box 470D,Mato,CO 80443,Vanion 6.02.ORaalFAStO,2600,Rego LC000I228699 Csn4aated by-Slay Lyat,Brae Mecolete,COWS'Bahr Maine 09/11#3014:15.13 Pegt i er7 ba fah only of party(Beget or Seller)who counters or rejected offer END OF CONTRACT • 'Note:Chang lastructions should be signed on or before MI6 Deadline. BROICERACRDOWLEDGIDENTS. The Undersigned Braket(s)acknowledges receipt of the Earnest Money deposit specified in§4 and,while nal a pattyb the centract,agrees to cooperate Upon requat with any mediation conductedunder§21. Salla�r Cann Brasurse Ra�htionshp. The Selling company and its licensees have been engaged in this transadbm as ❑Buyer Agent ❑Seller Agesta eat O Dual �"LAgent ®Tnnsacllorr-Brolter. I. Llstlat Colman Brokerage Relationship. The Listing Company and its licensees ban teen engaged in this transaction as®Seller Aged O Dud Agent ®Tnnsadlon-Bsdrer. BROKERS'COMMENSATIONDISCLOSQRbi. Seltag Cempanyscompeaxation or oomtmss[it is to be paid by. ❑Boyer CO Seller O Listing Company 0 Other pia (o ebe campMat by Listing Company) Lining Company's coapensstion or cooanissinn is to bepaid by ❑Boyer ®Seller ❑Other Selling Company, Coldwell Banker Plains 21 N. 1st. Brighton, CO. 90601 Phones 303-655-0000, Fax: 303-655-0407 Dy: Signature Becky Lyall ''Date Luting Company; Caldwell_ Beaker Plaint Anal Estate Tno By qM/ ia, ec C (flame ofCompany) Signature Listing Company.AtbkmAu.r 91 N 1tt_ A . Aright-nu CO 90601 Date Listing Company/aTelephoneNo: 101-U95-0000 Listing Company's FaxNo; 303-555-04n7 an ua,Contrast b loyal Sell Real galaw(Connerchdl.stain Roan*ram,Bat 4700,Fdsee,CO 90447, Variana Ca,CReSIFA*Ta,2000;Rept,LCococ, 69 BaConvited . Lyaa,B,Pa Rmociate.Caldwell Bank(Plains 9ryafa) 09/111014:15,13 �K—�` 7d seat " L PURPOSE OF AGENCY.'ILe p iptuc of lilt; agency contract (°Listing Contract") k m copse dm aims of Winker to accomplish tho e;le of the reel Finnerty 14tally dcscrihcd,o;: 16210A PT W25W4 29 2 66 13EG AT PT 439.11'N 4 35'E OF SW COR SEC 29 E371.01' TO W R/W'UPRR S ON RR R/W 409.11' TO PT 30'N OF S LN SEC 29 W272.13' TO PT ON ELY R/W Us 65 N ON R/W 1.6' TO PT ON NELY VW US 65 NWLY ON RAY 130.6' alo krtmvtt at a 301 S WCR 16 Fort Lupton On EOM,' Slrc.Y Address City Slate Zip farether with arch door of pecan&Finnerty to ha entnreyed pursuant to Section R(enllcctively. the Trnpertv'). • • • • • • 1. • • Addendum to Contract for Sale of Real Estate 1. As it reads in Paragraph 6a of this contract, Buyer is aware that if an appraisal is done and the appraisal comes in below the sales price in this contract,the buyer will make up the difference with cash, or some other method of their choosing. Buyer will not be able to terminate the contract if the property appraises lower than$474,000.00. 2. Under Paragraph 10 of this contract, Buyer shall have the right to an inspection and shall have the right to investigate matters during the due diligence period between when the contract is accepted, September 8, 2000, and the time of the Inspection Objection Deadline, October 27, 2000. During the due diligence period,buyer shall investigate the Weld County Health Department for requirements for operation of a restaurant on subject property. Due diligence investigations shall also include, but not be limited to environmental issues including Phase I Audits, zoning issues, and utilities available. 3. This contract is contingent upon buyers receipt of liquor license approval from the State of Colorado on or before October 13, 2000. 4. This contract shall also include an option contract in which the buyers agree to pay to seller $50,000.00 on November 10, 2000. This payment is a non-refundable option payment. At the time of this payment buyer will be credited for the $2,000.00 in earnest money deposited upon signing of the contract. 5. This contract shall also include an option contract in which the buyers agree to pay to seller $100,000.00 on November 10, 2001. This payment is a non-refundable option payment. 6. Buyers are entering into a lease which is also attached to this contract. The lease is a three- year lease with payments of$7,000.000 per month due on the first of each month beginning December 1, 2000. As part of the lease, buyers/lessees are responsible for all property taxes, utilities, and insurance during the lease. Buyer/lessee shall be responsible for providing proof of payments to seller/lessor. Seller shall be listed as a loss-payee on all property and liability insurance policies. Buyer/lessee shall also be responsible for any improvements necessary for the operation of their business. Failure to make either of the option payments referred to in lines 4 and 5 above shall constitute a material breach of the lease. 7. A preliminary closing will be held on November 10, 2000 during which the option payment referred to in line 4 will be exchanged and the lease referred to in line 6 will be signed. The preliminary closing will be held at Front Range Title, 21 N. 1g Ave. #190, Brighton, Colorado 80601. 8. During the due diligence period referred to in line 2 above, the subject property will remain on the market and all offers will be entertained. Upon seller providing written verification to buyer of intent to accept an alternative offer on the property buyer shall have 3 calendar days in which to provide seller with a written affidavit of buyer's intention to proceed without reasonable X)>. �� HERE "'{`(% , �J contingencies. In the event seller does not receive timely notice of the intention to proceed without reasonable contingencies then the contract shall automatically be deemed terminated and all earnest money returned to buyer. .. a .�_ u, "comma PLAINS REAL ESTATE,INC.,21 N. 1ST A A. ,STE 200, BRIGHTON CO 80601 11i E BANIKOR C3 .,.,,o.• ,...= Square Footage Disclosure 303-655-0000 This disclosure is made to Buyer and Seller pursuant to the requirements of Colorado Real Estate { Commission Rule E-41 and applies to improved lI residential real estate. PROPERTY ADDRESS: `30� S CVO- u .-{—_ Ls-F 6-1- et I O("a 1 Licensee Measurement Licensee has measured the square footage of the house according to the,following standard, methodology or manner: Standard/Methodology/Manner Square Footage Date Bt, Ali , sett W 0 �1 Lrteriprmeasuremcnt 13,V30 -t- kJ-15Q - It11Q Q juv.-e 'a-I , O6 ❑ PI-IA ❑ ANSI ❑ Local standard (identify) ❑ Other _ Measurement is for the purpose of marketing may not be exact and is not forlorn), valuation or other purpose. If exact square footage is a concern, the property should be independently measured. 2. Other Source of Measurement: ❑ Licensee is providing information on square footage from another source(s) as indicated below: Source of Square Footage Information ware Footage Date ❑ Prior appraisal ❑ Building plans ❑ Assessor's office ❑ Other • Buyer and Seller are advised to verify this information. Any independent measurement or investigation should be completed on or before the InspecCon Objection Deadline of the contract. BY" t jet/ e ell ,, ) ySiSN Listing Licensee Date FF T t./,.^rsigned a yvledge receipt of this disclosure. ' ` il,; -Z is (1 -- a S ll le Seller Da Buyer r ate By r • Dat c VS �/ No. I / F9 1375 Sherman Street. Denver CO 8 02 61-001 3 COLORADO BUSINESS REGISTRATION 19 • PLEASE PRESS FIRMLY AND PRINT CLEARLY 3 RECEIVED -71 - THIS FORM WILL BE REVIEWED FOR 1. REASON FOR FILING THIS APPLICATION I UNEMPLOYMENT INSURANCE(UI)LIABI 0 Original Appication ❑Change of C netsh p • 4 ou have a Dept of Revenue Account Number? ❑yes .❑�rw .. • 2 SEP 2 6 2000 t • if trade name registration with the Department of i;i411'..7-;. Revenue is required,the intormatian marked with a ' ;,-..r,- S•Account# _._ diamond will become .ubllc record. • 0 you want this number assigned to new.location? O yes O no • Colo. Dept.et Htuvelue ♦2. INDICATE TYPE OF ORGANIZATION r- Estate• ❑ Other Non-Profit LI Individual Partners* ❑ Limited L'aJl y;ii'n tad Government DO NOT WRITE IN THIS.SPACE ❑ General• Limbed Partnership. ❑ Corpoal (.. l,T Venture 0 Other ust SIDE A • Limited Liability Company(U_C) [] 'S'Corporation ❑ Non-profit 501(C)(3) REVENUE REGISTRATION ACCOUNT NUMBER ❑ Limited Liability Partnership(LLP) ❑ Association (Please enclose copy of the IRS letter of exemption.) i j,!`'. _ ',- 1% `"�^, i t,rp. -591drlKTac I177:..r + >A.. . , .!,...7. * • j c n y ^,r !', .• , `„k } t: {r • ; � it ,(.l » 7�ry fi ~ r ZA y¢�..- al - `1, _Fri r�+ 1-.'c�.l 7.777 I,: .� Y Cep ° L }}q�yy • r t t r < Y' a r. C kx f < < �,�•^ 5i+r:Y"r'�"S^-» •. y.%d1 l y�, 'L"• 'r. 1 -j ,. s t 't R'.s" z .,..<1, .* e>: II, k `�;il r _ :4•:11:1'i',. .,,,�,' ' � aR. ,` ; ": :y '! r',£. „ r° 'YYrk*.. 1... 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FILING FREQUENCY:If sales tax colt , 2b. Fir$tDay of Sales(MO/DAY/YR) (0280-Trade Name 750) Registration (999 St ❑ $15.00/month or less-Annually ',1 I R, , i O t a Under$300/month-Quarterly r ' `' (0020-State Sales Tax ea ® $300/month or more-Monthly -• I ' . • • ■■ 810) Degosdt; "�`i 5 0 Wholesale only-Annually ;, ,4.-..4.;, •se r• (0080 S,r,�,�� cn 3. Indicate which applies to you: .E.dY. .le Event-Period Covered 750 (999)$ ❑ Wholesaler 0 Charitable - --•&=• /DAY/YR) _ •— ill (1000- _'::. Retail-Sales ❑ Multiple Event ❑ Retailers-Use Event Location.._ -- 750) W......_Inge (999 $ 0.00 `.#. FILING FREQUENCY:If wage withholding amount;is . 2.OIL/GAS '* # $6;999; ear Quarte ❑$gtk 0+l ear : tfee(c fJ Yvitnha(dm �,® `' $ Y dy a, Y `` Make check payable to ' $7,000 $49,9991 ear M , - N st fil by Electronic Funds Trar sfer: * 'Cab.Dept of Revenue TOTAL $ THE REVERSE SIDE •F T IS PAGE MUST BE COMPLETED,A-ND BOTH;WHITEPAGES RETURNED. I declare under penalty•-peryu in the Second degree that the statements made in this• ication are true and complete to the best of my knowledge. SIGNATURE of Owner.P rtner C.rpo(ate Officer REQUIRED Title •::~!'"' Date i._3.1 r e FFI E USE •:'L • �/ sic. Org.. � .` LC CD Acc. } CD -_--- CSC_, IA SI. ❑N . TR-1 Qate Tech Si. (continue on reverse side of this page.) RETURN BOTH WHITE COPIES OF THE FORM TO COLORADO DEPARTMENT OF REVENUE.' DID YOU COMPLETE SIDE B OF COPY 1? FEE SCHEDULE • Trade name registration for all types of business except corporations, all types of limited partnerships and limited liability companies"' $8-00 • Wholesale, retail'and multiple event license If first day of sales is: January to June even—numbered years 1996; 1998, 2000 $16.00 July to December even—numbered years 1996; 1998, 2000 $32-00 January to June odd numbered years 1997, 1999, 2001 $8.00 July to December odd—numbered years 1997, 1999, 2001 .$4.00 • Single event license $8.00 • A deposit is required on a retail sales tax license only. $50:00 Fee Notes • The deposit will be refunded automatically after a business has collected and paid$50 in STATE SALES TAXES. DO NOT deduct the deposit on your sales tax return. The deposit is only required on a business first location. ▪ There is no charge for a multiple or single event license IF a business has a current wholesale or retail sales tax license. • Alf licenses except the single event license are valid through December 31 of each odd-numbered year. If you have questions regarding "Side 1"call the Department of Revenue (303) 232-2416. If you have questions regarding,"Side 2", call the Department of Labor& Employment Metro Denver(303) 603-8231,outside metro Denver 1-(800)480 TAXX(8299). INSTRUCTIONS: Mail White Copies To: For Walk In Service: COLORADO DEPARTMENT OF REVENUE COLORADO DEPARTMENT OF REVENUE GRAND JUNCTION SERVICE CENTER. 1375 Sherman Street - 1625 Broadway,Suite 805 222 S.Sixth Street,Room 208 Denver CO 80261-0013 Denver CO 80261 Grand Junction CO 81501 COLORADO SPRINGS SERVICE CENTER PUEBLO SERVICE CENTER 3650 Austin Bluffs Parkway,Suite 188 310 E.Abriendo Ave,Suite A4 Colorado Springs CO 80918 Pueblo CO 81004-4226 FORT COLLINS REGIONAL SERVICE CENTER 300 E. Foothills Parkway Fort Collins CO 80525 UNEMPLOYMENT INSURANCE Any unemployment insurance tax payments should be made on a separate check, payable to Colorado State Treasurer: If you have any questions regarding unemployment insurance,please contact: Unemployment Insurance Tax Colorado Department.of Labor and Employment Division of Employment and Training P.O. Box 8789 Denver,Colorado 80201-8789 metro Denver(303)603-8231 outside metro.Denver 1-(800)480-TAXX(8299) LABOR MARKET INFORMATION If you have any questions regarding Labor Market Information,please contact: Colorado Department of Labor and Employment::.. -Labor Market Informatioor. 1515 Arapahoe St.,Tower 2, Suite 300 - Denver,Colorado 80202 (303)620-4939 OPERAT ING AGREEMENT RJM4- A Limited Liability Company The undersigned, as signatories to this Agreement do hereby enter into this Operating Agreement, at Greeley, Weld County, Colorado, effective this 61% day of September, 2000, under the name style of RJM (the "LLC") . I. BUSINESS OF COMPANY The business of the Company shall be: (a) To accomplish any lawful business or activity whatsoever, or which shall at any time appear conducive to or expedient for the protection or benefit of the Company and its assets. (b) To exercise all other powers necessary to or reasonably connected with the Company's business which may be legally exercised by limited liability companies under the Colorado Act. (c) To engage in all activities necessary, customary, convenient, or incident to any of the foregoing. II. PLACE OF BUSINESS The principal place of business of the LLC shall be 13015 Weld County Road 16, Ft. Lupton, Weld County, Colorado, or such other address to which the business may from time to time be moved. III. DURATION OF THE LLC The LLC shall commence immediately, upon the signing of this Agreement, and shall continue for a term of not to exceed thirty (30) years thereafter unless terminated sooner by operation of law or by agreement between the parties or reenacted after such primary term for such additional periods as is mutually determined by the members. This LLC shall be terminated in the event that the said business shall be sold and the purchase price paid. The LLC shall cease to exist upon the death, resignation, or withdrawal of any member unless and until all remaining members unanimously agree to reaffirm and continue the LLC. IV. CAPITAL CONTRIBUTIONS AND OWNERSHIP The undersigned members agree to share in all post formation capital contributions, profits, and surplus of the LLC according to the percentage of their ownership. Each member owns an undivided interest in the business and company as follows: Ruben J. Rodriguez: 100% V. ADDITIONAL CAPITAL CONTRIBUTIONS The members may contribute in proportionate amounts any additional capital deemed necessary for the operation of the LLC, provided, however, that in the event that any member deems it advisable to refuse or fails to contribute his share of any or all of the additional capital, then the other members or any one of them may contribute the additional capital not paid in by such refusing member and shall receive therefore an increase in the proportionate share of the ownership or interest in the entire company in direct proportion to the said additional capital contributed. VI. DIVISION OF PROFITS AND LOSSES Each of the members shall own an interest in the LLC as set forth in paragraph IV. , entitled "CAPITAL CONTRIBUTIONS", except as the same may hereafter vary or change as provided in paragraph V. , entitled "ADDITIONAL CAPITAL CONTRIBUTIONS" . All losses of the LLC enterprise shall be shared by each of said members according to the percentage of interest each member owns. No member shall make any withdrawals from capital without prior approval of all members. All overhead costs to do business including but not limited to such matters as rent, insurance, telephone, utilities, supplies, equipment, employees, postage, etc. shall be paid from the capital account without apportionment. After all overhead costs are paid current, funds shall be distributed pro rata to the members in the same proportion as their ownership. Unpaid accounts receivable shall not be considered in determining income. VII. RIGHTS AND DUTIES OF THE PARTIES The members agree to mutually undertake the responsibilities for development and in that regard, each shall have a contributory responsibility of time and effort to the LLC. LLC decisions and actions shall be decided by a majority vote of the members entitled to vote. Voting members and their voting entitlement are as follows: Ruben J. Rodriguez VIII. COSTS AND EXPENSES A member may be separately compensated on a salaried basis for services performed in carrying out the operation of the LLC. No salaries or individual compensation shall be otherwise payable, without consent of the LLC, for the normal management although the LLC may from time to time employ one or more managers or other representatives at a designated salary, which may be a member. IX. MANAGEMENT DUTIES AND RESTRICTIONS A. All members shall have equal rights in the management of the LLC. No member shall, without the consent of the other member, endorse any note or act as an accommodation party, or otherwise become surety for any person in any transaction involved in the LLC. Without the consent of the LLC, no member shall on behalf of the LLC borrow or lend money, or make, deliver or accept any commercial paper, or execute any mortgage, security agreement, bond, or lease, or purchase or contract to purchase, or sell or contract to sell any property for or of the LLC. No member shall, except with the consent of the other member, mortgage, grant a security interest in its share in the LLC or in the LLC capital assets or property, or do any act detrimental to the best interests of the LLC or which would make it impossible to carry on the ordinary purpose of the LLC. B. The LLC may from time to time elect to designate one of its members as General Manager for the LLC. Such person so designated shall have authority to execute all instruments in the name of the LLC as required for the operation of day to day business. C. Ruben Rodriguez is hereby designated General Manager to act in accord with the provisions of subparagraph "B. " of this part. X. BANKING All funds of the LLC shall be deposited in its name in such checking account or accounts as shall be designated by the members. All withdrawals therefrom are to be made upon checks which may be signed by any of the members. XI. BOOKS The LLC books shall be maintained at its business office, and each member shall have access thereto. The books shall be kept on a calendar year basis, and shall be closed and balanced at the end of each fiscal year. An audit shall be made as of the closing date, if a request for such audit is made in writing by any member, and mailed or delivered to the other member. Each of the parties to this Agreement hereby covenants and agrees to cause all known business transactions pertaining to the purpose of the LLC, to be entered properly and completely into said books. The LLC will furnish annual financial statements to the members, and prepare tax returns in a timely manner, furnishing copies to all members at least three (3) days before they are filed by the LLC. XII. INSURANCE During the course of the term for which this LLC is formed, the LLC shall carry liability insurance in such amounts as are deemed appropriate by the members. XIII. VOLUNTARY TERMINATION The LLC may be dissolved at any time by agreement of all the members, in which event the members shall proceed with reasonable promptness to liquidate the LLC. The assets of the LLC shall be sold and distributed in the following order: A. To pay or provide for the payment of all LLC liabilities to creditors other than members, and liquidating expenses and obligations; B. To pay debts owing to members other than for capital and profits; C. To pay debts owing to members in respect to capital; and D. To pay debts owing to members in respect to profits. XIV. WITHDRAWAL OF MEMBER BY SALE Any member who shall be desirous of selling his share and interest in the LLC shall give the right of first refusal to the other member to purchase said share and interest at the same price and upon the same terms as being offered by a bona fide buyer. XV. DEATH OF A MEMBER In the event of the death of a member, then the deceased's heir or heirs shall be entitled to the value of the interest of the deceased member. The value of the deceased's interest shall be fair market value but with no value whatsoever included for such things as "Blue Sky" or "Goodwill" . The proceeds shall be distributed to the heir or heirs within 90 days of said valuation. XVI. DISTRIBUTION The members shall mutually determine the dates, frequency and amounts of funds to be distributed. XVII. VIOLATION OF THIS AGREEMENT Any member who shall violate any of the terms, conditions, and provisions of this agreement shall keep and save harmless the LLC property and shall also indemnify the other member from any and all claims, demands and actions of every kind and nature whatsoever which may arise out of or by reason of such violation of any of the terms and conditions of this agreement. XVIII. MEMBERSHIP CERTIFICATES AND TRANSFER Membership interest will be represented by certificates. Transfer of interest is restricted to compliance with the provisions of XIV. and XV. herein. XIX. GOVERNING LAW Any provisions herein to the contrary notwithstanding, the members elect to be governed by the Limited Liability Company Act of Colorado as amended from time to time. Venue for any dispute between the members shall be Weld County, Colorado. XX. AMENDMENTS This Operating Agreement may be altered, amended or repealed and a new Operating Agreement may be adopted by the unanimous consent of the members at any regular or special meeting of the members. IN WITNESS WHEREOF, the parties h• e ereun set their hands the day and date first above written. .en �!i odrigue BUSINESS LEASE This Lease is made and entered into on November 10,2000, between Emmett Formby and Catherine Formby, Lessor, and Manuel Manriquez, Ruben J. Rodriguez, and Jose De Jesus Silva, Lessees. In consideration of the payment of the rent and the performance of the covenants and agreements by the Lessee set forth below, the Lessor does hereby lease to the Lessee the following described property situate in the County of Weld, in the State of Colorado; the street address of which is 13015 Weld County Road 16, Ft. Lupton, Colorado 80621. SEE ATTACHED LEGAL DESCRIPTION To have and to hold the same with all the appurtenances unto the said Lessee from twelve o'clock noon on November 10, 2000 and until twelve o'clock noon on November 10, 2003, at and for a rental for the full term of$252,000.00, payable in monthly installments of$7,000.00, due on or before the first day of each calendar month during the term of this lease at the office of the Lessor at 21 N. r Ave. #190, Brighton, Colorado 80621, without notice. The Lessee, in consideration of the leasing of the premises agrees as follows: 1. To pay the rent for the premises above-described. 2. Lessee shall be responsible for: a) all taxes, assessments, and other governmental charges which are levied against and may create a statutory lien upon the leased premises which are levied or assessed during the term of this lease; and b) all premium for fire and extended coverage insurance, property damage, and liability insurance in such amounts as the Lessor may reasonably require; and c) all costs and expenses of repairing and maintaining structures on the land, all of its components, and all land surrounding the building. 3. To keep the improvements upon the premises, including sewer connections, plumbing, wiring and glass in good repair, all at Lessee's expense, and at the expiration of this lease to surrender the premises in as good a condition as when the Lessee entered the premises, loss by fire, inevitable accident, and ordinary wear excepted. To keep all sidewalks on and around the premises free and clear of ice and snow, and to keep the entire exterior premises free from all litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situate. 4. To sublet no part of the premises, and not to assign the lease or any interest therein without the written consent of the Lessor. 5. To use the premises only as a restaurant, bar, nightclub and lounge and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and INITIAL ‘F`. c_ ,�^� � HERE for no improper or questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 6. To neither hold nor attempt to hold the Lessor liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premises, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations in or changes in, upon, or about said premises without first obtaining the written consent of the Lessor. 7. To allow the Lessor to enter upon the premises at any reasonable hour. A. To pay all charges for water and water rents, and for heating and lighting of the building in which said premises are located. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND LESSEE AS FOLLOWS: 9. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. Any payment by Lessee, or acceptance by Lessor, of a lesser amount than due shall be treated only as a payment on account. Further, failure of the Lessor to timely bill for taxes, insurance or repairs, as required herein, shall not be deemed a waiver of the Lessee's liability to pay same. 10. If, after the expiration of this lease, the Lessee shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a month -to-month tenancy, at a monthly rental, payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. 11. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Lessor may, without being obligated to do so, and without terminating this lease, retake possession of the said premises and rent the same for such rent, and upon such conditions as the Lessor may think best, making such change 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 Lessees shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. 12. If any part of the rent provided to be paid herein is not paid when due, or if any default is made in any of the agreements by the Lessee contained herein, it shall be lawful for the Lessor to declare the term ended, and to enter into the premises, either with or without legal process, and to remove the Lessee or any other person occupying the premises, using such force as may be necessary, without being liable to prosecution, or in damages therefore, and to repossess the premises free and clear of any rights of the Lessee. If, at any time, this lease is terminated under this paragraph, the Lessee agrees to peacefully surrender the premises to the Lessor immediately upon termination, and if the Lessee remains in possession of the premises, the Lessee shall be deemed guilty of forcible entry and detainer of the premises, and, waiving notice, shall be subject to forcible eviction with or without process of law. word- W7- HRE cfi (j - 14. In the event of any dispute arising under the terms of this lease, or in the event of non- payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorney's fees from the other party. 15. In the event any payment required hereunder is not made within ten (10) days after the payment is due, a late charge in the amount of five percent (5%) of the payment will be paid by the Lessee. 16. In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Lessor hereunder, the Lessee waiving all right to any such payment. 17. This lease is made with the express understanding and agreement that, in the event the Lessee becomes insolvent, or is declared bankrupt, then, in either event, the Lessor may declare this lease ended, and all rights of the Lessee hereunder shall terminate and cease. THIS LEASE shall be binding on the parties, their personal representatives, successors and assigns. AP tpelt Emmet by, Lessor Saalitz rine Formby, L ssor Manue Ma ri. tez Les•-e �f�lA7 Lesse ose D• esus " va, Lessee Coldwell Banker Plains 21 N. 1St. Brighton, CO. 80601 Phone: 303-655-0000, Fax: 303-655-0407 111I5 FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING AGREEMENT TO AMEND/EXTEND CONTRACT October 13, 2000 RE: Contract dated September 1z,, 2000 between Ruben J Rodriguez Jose De—Jesus Silva Manuel Manriquez (Buyer) and, Emmett Formby Catherine Formby (Seller), relating to the sale and purchase of the following described real estate in the County of we t d Colorado: See attachment,schedule A. known as No.p/a R/a n/a n/a (Property) Street Address City State Zip Buyer and Seller hereby agree to amend the aforesaid contract as follows: 1. The date for closing and delivery of deed is changed to p/a 2. The date for furnishing commitment for title insurance policy or abstract of tide is changed to n/a 3. The date for delivering possession of Property is changed to Ala 4. The date for approval of new loan is changed to n/a 5. The date for lender's consent to loan assumption or transfer of Property is changed to 11/a 6. Other dates set forth in said contract shall be changed as follows: A. Re: Addendum to contract for sale of Real Estate. Paragraph 3. Liquor license approval shall be extended to November 19th. Paragraph 7. Preliminary closing/possession/lease date shall be November 14th. 7. Additional amendments: (The language of these additional amendments has not been approved by the Colorado Real Estate Commission). ALA All other terms and conditions of said contract shall remain the same. C C \t,.j.\...)%3--( 1O\rsiQ\>1/4NkAf SELLER `j C jNl�'Li) �j _ _CI DATE /1 �" ,C-Cri Emmett Formby SELLER ('p(} �� (1 'a DATE Catherine Formby The printed portions of this form have been approved by the Colorado Real Estate Commission.(AE41-1.94) No.AE41444 AOREMENT TO AMEND/EXTEND CONTRACT ,2eelFA3TO Forms,Box 4700,Frisco,CO 80443, Version 6.02,CReaIFA$TO,2000;Re.LCOCOL226699 Completed by-Becky Lydia,Broker Associate,Coldwell Banker Plains 3uy1r(s) 10117/00 12:40;59 Page 1 of 2 BUYER DATE /047711-e) ]!/L/ Ruben J R z �7 BUYER -e DATE- DATE J®-[/ / - as Jose De- s} Iva BUYER DATE ICJ-1 d / Manuel Manzi ez 'he printed pardons of this form have been approved by the Colorado Real Estate Commission.(AE41.144) No.AE414.94 AGREEMENT TO AMEND/EXTEND CONTRACT '?eelFA$T®Forms,Box 4700,Frisco,CO 60443, Version 8.02,®RealFAST®,2000;Re.LCOCOL228699 Completed by-Becky Lyall,Broker Associate,Coldwell Banker Plains 10/17/00 12:40:59 Page 2 of 2 Seller(s) ___ Nov 24 OO 11 : 45a COLDWELL BANKER PLAINS RE 3O3655O4O7 p. 2 Coidwell Banker Plains 21 N. 1St. Brighton, CO. 80601 Phone: 303-666-0000, Fax: 303-655-0407 11119 FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR O11fER COUNSEL BEFORE SIGNING AGREEMENT TO AMEND/EXTEND CONTRACT November 11, 2000 RE: Contract dated ,September 12. 2000 between Ruben J Rodriguez Jose De-Jesus Silva Manuel Mensiquer (Buyer) and, Emmett Formby Catherine Formby (Seller), relating to the sale and purchase of the following described real estate in the County of WPLrl Colorado: See attachment,schedule A. known as No. 13015 NCR 16 Fort Lupton IIQ— 006?1 (Property) Street Address City State Zip Buyer and Seller hereby agree to amend the aforesaid contract as follows: I. The date for closing and delivery of deed is changed to ri/a 2. The date for furnishing commitment for title inwrance policy or abstract of title is changed to DCa 3. The date for delivering possession of Property is changed to n/a 4. The date for approval of new loan is changed to 1:1/a 5. The date for lender's consent to loan assumption or transfer of Property is changed to n/a 6. Other dates set forth in said contract shall be changed as follows: A. Re: Addendum to contract for sale of Real Estate. Paragraph 3. -Liquor license approval shall sbe extended to December 5,2000 or earlier if possible. Paragraph 7. Preliminary closing/possession/Lease date shall be December 5,2000 or earlier if possible. 7. Additional amendments: (The language of these additional amendments has not been approved by the Colorado Real Estate Commission). D/a All other terms and conditions of said contract shall remain the as SELLER ��t\h .I.,_ ``kal�‘ CiZD1i ) a.R DATE I I —/ L.°0 Emmett Formby SELLER -- DATE Catherine Formby The printed portions of this tam have been approved by the Colorado Real Estate Commission.(AE41-1-94) No.AS014-µ At1RE1SIENT TO AMENOIEXTEND CONTRACT RealFA$TO Forma.Bon 470O,Frisco,CO 80443. Version 8.02,CRReaIFASTID,2000;Reg*LCOCOL226699 Completed by-Becky Lyon,B tkssoclate,Cotdwell Banker Plains - Buyer(s) S l%-%^ l 11/14/00 14:47:39 Page 1 of.1 Nov 24 00 11 : 45a COLDWELL BANKER PLAINS RE 3036550407 p. 3 r )DATE ( � ' --� - � BUYER Ruben J IRo z 1 l BUYER DATE .-G- 1. Jose De- esus va �- DATE rC/ BUYER / Manuel Man ' ez / f The printed portions of this form have been approved by the Colorado Real Estate Commission.(AE41-1.94) No.AE41-144 AGREEMENT TO AMEND/EXTEND CONTRACT Ree&FA$TSD Fenn,Box 4700,Frisco,CO 60443, Version 6.02,©RealFA$T®,2000;Rog#LCOCOL226699 Completed by-Becky Lyall,Broker Associate,Caldwell Banker Plains 11/14/00 14:47:39 Seller(s) t y CONSENT TO SUBLET This Consent is made and granted by Emmett Formby and Catherine Formby,Lessors for and to Manuel Manriquez, Ruben J. Rodriguez and Jose De Jesus Silva, Lessees regarding a Business Lease between said parties and concerning the premises known as 13015 Weld County Road 16,Ft. Lupton, Colorado 80621. Pursuant to said Business Lease, Lessors do hereby grant consent to Lessees to sublet the premises to RJML, LLC, the owner, member and manager of which is Ruben J. Rodriguez. The consent granted herein by Lessors does not modify or change any of the rights,duties and responsibilities of either the Lessors or the Lessees regarding said Business Lease. � � \ C ` r-Nona . So t \ ��Q..ak Date: 2 S-Ot Emmett Formby >�cCI' `KM Date: Catherine Formby REAL ESTATE LEASE This Lease Agreement("Lease")is dated October 1,2000,by and between Manuel Manriquez,Jose de Jesus Silva and Ruben J.Rodriguez("Landlord"), and RA/IL,LLC("Tenant"). The parties agree as follows: PREMISES. Landlord, in consideration of the lease payments provided in this Lease, leases to Tenant, the premises located at 13015 Weld County Road 16,Ft. Lupton, CO 80621 ("Premises"). TERM..The lease term will begin on November 10,2000 and will terminate on November 10,2003. LEASE PAYMENTS. Tenant shall pay to Landlord monthly installments of$8,000.00, payable in advance on the first day of each month, for a total lease payment of$288,000.00. Lease payments shall be made to the Landlord at 232 Elizabeth Court, Ft. Lupton, Colorado 80621, which address may be changed from time to time by the Landlord. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease and shall yield possession to Landlord on the last day of the term of this Lease unless otherwise agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and effects and peaceably yield up the Premises to Landlord in as good a condition as when delivered to Tenant, ordinary wear and tear excepted. USE OF PREMISES. Tenant may use the Premises only for restaurant, bar, night club and sports bar. The Premises may be used for any other purpose only with the prior written consent of Landlord which shall not be unreasonably withheld. Tenant shall notify Landlord of any anticipated extended absence from the Premises not later than the first day of the extended absence. PARKING. Tenant shall be entitled to use 500 parking spaces for the parking of the Tenant's customers'/guests' motor vehicles. PROPERTY INSURANCE.Tenant shall maintain casualty insurance on the Premises in an amount not less than $1,000,000.00. Landlord shall be named as an additional insured on such policies. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice from the insurer prior to any termination of such insurance policies. Tenant shall also maintain any other insurance which Landlord may reasonably require for the protection of Landlord's interest in the Premises. Tenant is responsible for maintaining casualty insurance on its own property. LIABILITY INSURANCE. Tenant shall maintain liability insurance on the Premises in a total aggregate sum of at lease $1,000,000.00. Tenant shall deliver appropriate evidence to Landlord as proof that adequate insurance is in force issued by companies reasonably satisfactory to Landlord. Landlord shall receive advance written notice form the insurer prior to any termination of such insurance policies. Page 2 RENEWAL TERMS. This Lease shall automatically renew for an additional period of 3 years per renewal term,unless either party gives written notice of termination no later than 30 days prior to the end of the term or renewal term. The lease terms during any such renewal term shall be the same as those contained in this Lease. MAINTENANCE. Tenant shall have the responsibility to maintain the Premises in good repair at all times during the term of this Lease. unarms AND SERVICES. Tenant shall be responsible for all utilities and services incurred in connection with the Premises. TAXES. Taxes attributable to the Premises or the use of the Premises shall be allocated as follows: REAL ESTATE TAXES: Tenant shall pay all real estate taxes and assessments which are assessed against the Premises during the time of this Lease. PERSONAL TAXES: Tenant shall pay all personal taxes and any other charges which may be levied against the Premises and which are attributable to Tenant's use of the Premises, along with all sales and/or use taxes(if any)that may be due in connection with lease payments. DEFAULTS. Tenant shall be in default of this Lease if Tenant fails to fulfill any lease obligation or term by which Tenant is bound. Subject to any governing provisions of law to the contrary,if Tenant fails to cure any financial obligation within 5 days (or any other obligation within 10 days) after written notice of such default is provided by Landlord to Tenant, Landlord may take possession of the Premises without further notice (to the extent permitted by law), and without prejudicing Landlord's rights to damages. In the alternative,Landlord may elect to cure any default and the cost of such action shall be added to Tenant's financial obligations under this Lease. Tenant shall pay all costs, damages,and expenses(including reasonable attorney fees and expenses)suffered by Landlord by reason of Tenant's defaults. All sums of money or charges required to be paid by Tenant under this Lease shall be additional rent,whether or not such sums or charges are designated as"additional rent". The rights provided by this paragraph are cumulative in nature and are in addition to any other rights afforded by law. LATE PAYMENTS. For each payment that is not paid within 10 days after its due date, Tenant shall pay a late fee equal to 10.00% of the required payment. CUMULATIVE RIGHTS. The rights of the parties under this Lease are cumulative and shall not be construed as exclusive unless otherwise required by law. NON-SUFFICIENT FUNDS. Tenant shall be charged $25.00 for each check that is returned to Landlord for lack of sufficient funds. Page 3 REMODELING OR STRUCTURAL IMPROVEMENTS. Tenant shall have the obligation to conduct any construction or remodeling (at Tenant's expense) that may be required to use the Premises as specified above. Tenant may also construct such fixtures on the Premises (at Tenant's expense)that appropriately facilitate its use for such purposes. Such construction shall be undertaken and such fixtures may be erected only with the prior written consent of the Landlord which shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part of the Premises without Landlord's prior written consent. At the end of the lease term, Tenant shall be entitled to remove (or at the request of Landlord shall remove) such fixtures and shall restore the Premises to substantially the same condition of the Premises at the commencement of this Lease. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonably withheld), Landlord shall have the right to enter the Premises to make inspections, provide necessary services, or show the unit to prospective buyers, mortgagees,tenants or workers. However, Landlord does not assume any liability for the care or supervision of the Premises. As provided by law, in the case of an emergency, Landlord may enter the Premises without Tenant's consent.During the last three months of this Lease, or any extension of this Lease,Landlord shall be allowed to display the usual"To Let" signs and show the Premises to prospective tenants. NOTICE.Notices under this Lease shall not be deemed valid unless given or served in writing and forwarded by mail, postage prepaid, addressed as follows: LANDLORD: Manuel Manriquez, Jose de Jesus Silva and Ruben J. Rodriguez 232 Elizabeth Court Ft. Lupton, CO 80621 TENANT: RJML, LLC c/o Ruben J. Rodriguez 13015 Weld County Road 16 Ft. Lupton, CO 80621 Such addresses may be changed from time to time by either party by providing notice as set forth above.Notices mailed in accordance with the above provisions shall be deemed received on the third day after posting. GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Colorado. ENTIRE AGREEMENT/AMENDMENT. This Lease Agreement contains the entire agreement of the parties and there are not other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Lease. This Lease may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. Page 4 SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. WAIVER The failure of either party to enforce any provisions of this Lease shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Lease. BINDING EFFECT. The provisions of this Lease shall be binding upon and inure to the benefit of both parties and their respective legal representatives, successors and assigns. LANDLORD:�� //�� 11 iLtea / / 4/r// Date: 16-1R-OU a el Manriqu Date: /O/ 7-Oe.) os`T ,s 'iva 1 � /.��/►.. Date: 10-17—D od uez TENANT: RJML, L (( BY: Date: )vAQ__ 0 Rodri ez e r BOARD OF COUNTY COMMISSIONERS PHONE (970) 336-7204, EXT.4200 ' FAX: (970)352-0242 P.O. BOX 758 C. GREELEY, COLORADO 80632 COLORADO February 4, 2002 RJML, LLC dba El Reventon Night Club do Ruben Rodriguez 13015 Weld County Road 16 Fort Lupton, Colorado 80621 RE: Report of Investigation for Colorado Liquor License Application - El Reventon Night Club Dear Mr. Rodriguez: On February 1, 2002, I traveled to the proposed licensed premises known as El Reventon Night Club, located at 13015 Weld County Road 16, Fort Lupton, Colorado 80621. While there I made an on-site inspection regarding the Liquor License Application filed. The application is for a Tavern Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on February 4, 2002, 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. See the letter of Bruce T. Barker, Weld County Attorney, dated February 4, 2002, regarding the diagram of the proposed licensed premises. Section 12-47-309(3), C.R.S. 3. There are other Tavern 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 10:00 a.m. on February 1, 2002. LC0044 REPORT OF INVESTIGATION - EL REVENTON NIGHT CLUB PAGE 2 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. 6. The surrounding area is a mixture of uses. The proposed premises has the capability of heating and serving sandwiches and other foods, as required by Section 12-47-103(22)(a), C.R.S. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Robert D. Masden, Commissioner cc: Bruce Barker, County Attorney LC0044 a WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET 32 6 P.O. BOX GREELEY,P.O CO 8 632 758 lg WEBSITE: www.co.weld.co.us Wi PHONE: (970) 336-7235 C. FAX: (970) 352-0242 COLORADO February 4, 2002 Manuel L. Martinez, Esq. Holme Roberts & Owen LLP 1700 Lincoln St., Suite 4100 Denver, CO 80203 FAX: (303) 866-0200 Re: El Reventon Night Club Tavern Liquor License Application Dear Mr. Martinez: Enclosed is a copy of the site diagram for the El Reventon Restaurant and Night Club, 13015 WCR 16, Fort Lupton, CO. The diagram has been submitted by Mr. Ruben Rodriguez as part of the tavern liquor license application by RJML, LLC, dba, El Reventon Night Club. Also enclosed is a copy of the resolution of the Board of County Commissioners of Weld County Establishing the Nighborhood to be Served, Designating a Commissioner to Make On-Site Inspection and Setting the Hearing Date Concerning the Application of RJML, LLC, dba, El Reventon Night Club, for a Tavern License. Weld County Commissioner Robert Masden was appointed by the Board to inspect the facility. He did so on Friday, February 1, 2002. Mr. Masden's letter is enclosed. He expressed to me two concerns regarding the site diagram for the facility. First, Mr. Rodriguez informed Mr. Masden that alcoholic beverages will not be served in the restaurant. The diagram will need to be modified to exclude the restaurant from the licensed premises (the dark line outlines the exterior boundary of the licensed premises). Second, Mr. Masden points out that if the restaurant is excluded from the licensed premises, the restrooms will allow persons to leave the licensed premises through the restaurant. Remember that pursuant to C.R.S. § 12-47-901(1)(h)(I), it is unlawful to take alcoholic beverages away from a tavern such that the beverages are consumed elsewhere other than the licensed premises. The "backdoor" to the restrooms may also be used to allow entry to the licensed premises by minors. I have a concern that the diagram does not appear to include the exterior dimensions of the licensed premises. State Liquor Enforcement requires such dimensions to be included on the Letter, Manuel Martinez February 4, 2002 Page 2 diagram. Please mention to Mr. Rodriguez that he will need to amend the diagram to include the dimensions. Also enclosed is Mr. Masden's letter report of his inspection. If you have any questions regarding this letter or wish to discuss anything stated herein, please feel free to call me at (970) 356-4000, ext. 4390. Sincerely, Bruce T. Barker Weld County Attorney Enc. pc: Rob Masden Clerk to the Board • LIQUOR/BEER RENEWAL REVIEW FORM Date: January 2, 2002 TO: Deputy Les Wiemers FROM: Kim Fliethman SUBJECT: Liquor License Check In accordance with the new procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering renewal of the liquor and/or beer license. PLEASE RESPOND NO LATER THAN: JANUARY 14, 2002 ESTABLISHMENT: RJML, LLC DBA EL REVENTON NIGHT CLUB 13015 WELD COUNTY ROAD 16 FORT LUPTON, CO 80621 Current license expires: NEW APPLICATION **************Y:********************************************************************************************* No concerns Deputy's Initials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) ************************************************************************************************************ Please notify at Extension of the date and time of the Board of Commissioner's renewal hearing. Liquor/Beer License Worksheet The following concerns are noted: I t 1./3CSO tA5 l cOtacvts w m+ T?tC. s l-1-h- NET: -rife ?2t rmz. a' -"nI-t' Cu'R ; tJ)&tWi Ct_u3 a.1 LJcaj. aft- .' -nbs 1-1.W (faOtt & e NSNEU-i vi1114 HiM A trte( )tom t-I-E i_IA_s '1124e6 1 AM-L Tb Cam pt.1/41 A-e G 1I≥UA 1 A 6 ow I ' -4SH'wan- . dot 'it Tis 7rt€. 6t tt-ea- ds ocCoz ("L1 f IL Ad b7 ,-f TO ec krrtsT -n-hS 4--pp u cirri on.) . The Licensee and the Sheriffs Office have collectively agreed to implement the following to correct concerns noted above: (A time line and corrective action should be listed for each concern) Establishment Owner, Please Print Date Establishment Signature Deputy's Signature Use another sheet of paper or attach separate proposal to this packet if needed. Attach copies of all reports associated with this establishment for the last year. Both the Deputy and the Owner of the establishment will be required to attend the Liquor Hearing to testify to the above agreement. LIQUOR/BEER RENEWAL REVIEW FORM Date: November 1, 2000 TO: Beat 3 Deputy FROM: Kim Fliethman SUBJECT: Liquor License Check In accordance with the new procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering renewal of the liquor and/or beer license. PLEASE RESPOND NO LATER THAN: NOVEMBER 13, 2000 ESTABLISHMENT: RJML, LLC DBA EL REVENTON NIGHT CLUB 13015 WELD COUNTY ROAD 16 FORT LUPTON, CO 80621 Current license expires: NEW APPLICATION ......a.................,*................*..*......................*****..«...........******.......,...***** No concerns Deputy's Initials The Sheriff's Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) ............................*****........................................................................... Please notify k('/ u�K+sr L C at Extension -Cr 1/ of the date and time of the Board of Commissioner's renewal hearing. Liquor/Beer License Worksheet The following concerns are noted: J e e ci C �; (0 The Licensee and the Sheriff's Office have collectively agreed to implement the following to correct concerns noted above: (A time line and corrective action should be listed for each concern) • Establishment Owner, Please Print Date Establishment Signature Depu Signature Use another sheet of paper or attach separate proposal to this packet if needed. Attach copies of all reports associated with this establishment for the last year. Both the Deputy and the Owner of the establishment will be required to attend the Liquor Hearing to testify to the above agreement. Liquor License Application El Reventon Night Club 13015 Weld County Road 16 Ft Lupton Co. November 9th, 2000 On November 2, 2000 I was requested to complete a liquor review for the El Reventon Night Club. The El Reventon Night Club is a new club that is requesting a license for liquor and beer sales. From my investigation I have found several concerns the Sheriff's Office has with the operation of a liquor establishment located at the above address: 1,Mr Rodriguez has been associated with other liquor establishments that have had problems with narcotic violations and numerous calls for services by law enforcement. Mr Rodriguez is currently a Manager at Club Romance, located at 33131 Hwy 85 Lucerne, Co. The Weld County Sheriff's Office has responded to Club Romance at least 27 times where reports were taken.( See attached report ). Mr Rodriguez was the operator of the Tentaton bar in the city of Dacono. Reports from Dacono P.D. indicate that there were several problems with narcotic violations and having too many people in the bar. This caused a stress on the Dacono Police Department due to the number of calls for service at the bar. I have requested copies of reports from the Dacono Police Department, however, as of this report I have not received them. 2, I made contact with Lieutenant Perales at the Ft Lupton Police Department. I advised Lt. Perales of the request for the liquor license and that the bar may be opening. Lt. Perales was quite concerned about the bar and the impact that it would have on their police department. Perales' concern is due to the number of calls for service that can come from a liquor establishment, and the Bar being located right outside of the city limits of Ft Lupton. The Ft Lupton Police Department would be requested to assist the Sheriffs Department for in-progress calls. 3, In review of the application for the liquor license, box#30,the dollar amount that Mr. Rodriguez indicates that he will invest in the Night Club is $15,900. Mr Rodriguez states that he intends to operate a Restaurant and Night Club. I have a concern with the remodel of the building. Mr. Rodriguez does not address how he plans to remodel the building. If he's going to have a restaurant he has not indicated the placement of tables, kitchen and bar etc. Prior to Mr. Rodriguez' lease, this building was used as an auto sales lot with a shop. The plans that Mr Rodriguez provided in the application do not show seating capacity or an occupancy limit for the building. The plans do not indicate parking and how the patrons intend to enter or exit the property. This is a concern because the business would be located on Highway 85. With the above information, I would request that the board deny the liquor license until these issues can be addressed. Investigator Roy Rudisill Club Romance Night Club Weld County Sheriff's Office Calls for Service Year 2000 To: Deputy Vicki Harbert From: Sally Olterman The following is a summary of the year to date calls for service to Club Romance Night Club, 33131 HWY 85, Lucerne, CO. This report does not reflect all dispatched calls to the location, only those that generated a crime report. For further information, please contact me at X 4669, or stop by. CR# Date Incident Type Incident Description WC0000112 01/08/00 Vandalism Beer bottle thrown at security vehicle. WC0000163 01/11/00 Misc. Runaway juvenile seen in the club. WC0000251 01/17/00 Vandalism Tires slashed in parking lot. WC0000341 01/23/00 Assault Fight in the club. WC0000541 02/05/00 Vandalism Vehicle windshield smashed. WC0000558 02/05/00 Trespass Patron asked to leave, refused. WC0000883 02/26/00 Weapon Underage persons found in possession of knife, alcohol, and drug paraphernalia. WC000994 03/04/00 Vandalism Door punched and damaged by patron. WC0001372 03/26/00 Narcotics Cocaine deal in parking lot. WC0001716 04/14/00 Vandalism Vehicle damaged in a fight in the parking lot. WC0001719 04/15/00 Disorderly Con. Fight in bar. WC0002136 05/08/00 Motor Veh. Theft Truck stolen from bar parking lot. WC0002137 05/08/00 Motor Veh. Theft Car stolen from bar parking lot. WC0002246 05/15/00 Disorderly Con. Fight in parking lot. WC0002310 05/20/00 Disorderly Con. Fight in parking lot. WC0002835 06/16/00 Assault Fight in bar. WC0003079 07/03/00 Assist Aided security in rival gang problem within the bar. WC0003199 07/09/00 Assault Fight in parking lot. WC0003470 07/23/00 Assault Fight in bar. WC0003473 07/23/00 Robbery-Unfounded False reporting of assault, robbery and kidnaping in parking lot. WC0003814 08/12/00 Trespass Patron asked to leave, refused. WC0003826 08/13/00 Menacing Verbal altercation in parking lot involving threat of bodily harm. WC0003946 08/20/00 Disorderly Con. Assault using a beer bottle. WC0004308 09/11/00 Assault Domestic violence related assault inside the bar. WC0004393 09/17/00 Narcotics Patron found to be in possession of cocaine. WC0004513 09/24/00 Motor Veh Theft Car stolen from parking lot. WC0004661 09/30/00 Assist Bar found to be in violation of numerous fire codes. FILE No.680 11/02 '00 11:27 ID:WELD CTY GOVT FAX:9703520242 PAGE 7 22,Hive yon 6verbeen i;onvk:Iod of ei iirrta.or received a Piilrpondeo sentence.daferiae eR,ttnn,:e,or fortaited blul Mr any nflerwt)in criminal nr military court?(Pa nui Im lude'ratan vholntlnn..s,unless they mulled lb suaret einn orrovur:atlan of your driver's Hoer MI.Jr you were convlr:tail of tlavin,)urWar the influwu:a nl drupe ur alcoholic beveragu. )II yea, explain in delall. 1.1 Yes f?A No ....-_.. . . .. . .. .. . .. . . .... . .. . ..... . ------ - - . . • .s.I-l&vu you Ovtu ruceiv 'l ri+oblation nolic 1.auspstnhlon or rovI)I l on htr Ii hippo,'law vialasan,orhonn ilnnlnd a liquor is hour Ip:unae inywliere in the U.S.?II yus.explain in Juleil.' 1i Yes I.. I No ___P..ease sr..2cLa1..t.l Cilittell t. ___..._. .. 24.MBiiary•Servit:o IbfW • -•••• • - -_- From. • • To 0erlal Nunlher I f ypa al Discharge N/A 2s. List all addresses where you have lived for the past five years.(Attach separate sheet If necessary) STREET AND NUMBER CITY,S rA rE,Zip FROM TO .l.0 35 S. Fulton Avenue -�'t... i.,up Lon, CoJ.orad° 0062]. A I./95 6/00 23l k;i.i. hF„l;l?.--_co.urk: .-..t.. . Lui)t.Oni_.�vlor;tdo 60621. 6/00 T.1 ..)erl� r 26. List all former employers or businesses engaged in within the lest five years.(Attach separate sheet If necessary.) NAME OF EMPLOYER ADDRESS(STREET,NUMBER,CITY,SIAM,ZIP) -POSITION HEI r) EF1OM TO 7070 Winchoster Circle C1,15FOtaer- Ml.c.rc) Mr:,t.iortr Inc. 13ena_Lder. , Colorado 60303 Serv:lce 0/85 LO/98 33:1 .31 if f;Cighway tai •_ ...1 n11dnc'y,...I.nc....Lucky...sL ax I_,ucer-ne, COIOrdcio 8(1640 M11ag r 0/90 F.rosurrt: 27.Mu In your rnletlonehlp to the applicant?(solo owner.partner,rorpoiuto officer.dirur,loi,ulockholder,rrumdrur ni mallows) Member, manager and .1.00% owner -- P.R.If slot:Idiot'tor,nurnbar oI yhnree owned beneficially or ni rnr'nl roomers al uratelondina stock uwnurl 2e.If partner.stele whether I- I Geribrul QI.I Limited I'e iobul or i'unnoraiip Owi ie.:l It LiMited Liubillty Company(purl:end owned) _ 30.Total amount you will' oat in Vile biennium including noise.luunu,cn;b,einrvinn8 oI oi opine'rl,end Opnrnilr,u i.:upilal.(Reif.4nt-)0i.I:tad Flop.47 107 I) Arrxnrnl S_rl..5..1.9.0.O...OD .._...... ,.,....._. .- 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 Identity oil persons authorized to sign on, or who are part owners of said account.(Attach copies of ail your notes or loans used In or for this business.) Amounts Sources • Amount Numburs Names on accounts or person who can �..._.... .__...._.. sign on this account --- - --.. Siivincl;i —Hank of Co1oradn .... . $ 11,000.00 #1.300783965 Ruben J. Rodriquoz ._. -._....... . .._. C.Yie1-C_'ric(' 'S�'vi�ri�7sJ.4 'Ur`�l:L-r�l Rank $ 4, 900.00 4143821.03735 I2u.rc?n ,7= , itod,ri.i(uez —._._-......___ $ $ -- __ Oath of Applicant ._—____..�-�� ,_ t declare under'penally o penury Into second degree that this application and all attachments are taro,correct,rand ccintplete to the beat of my knowledge. Au(horliorl:SlOnnl+re •• •• • Title Dula F - Owner/Manager/Member Kit� MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board February 4, 2002 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0044 Review of the following liquor license application by the Department of Planning Services shows the following: RJML, LLC dba El Reventon Night Club do Mr. Ruben Rodriguez 13015 Weld County Road 16 Fort Lupton, Colorado 80621 Zone District: C-3 (through Z-66) This use is allowed through the zone district and a Site Plan Review (SPR-267). After further research of my files and computer, no active violations could be found on the property at this time. cc: SPR-341, Kim Ogle, Planner SERVICE.TEAMWORK,INTEGRITY,QUALITY MEMORANDUM (it To: Esther Gesick, Deputy Clerk to the Board January 2, 2002 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0044 Review of the following liquor license application by the Department of Planning Services shows the following: RJML, LLC dba El Reventon Night Club 13015 Weld County Road 16 Fort Lupton, Colorado 80621 Zone District: C-3 (through Z-66) This would be a 'Use Allowed by Right" in the C-3 (Commercial) Zone District through the Site Plan Review process. However, while they have indeed submitted the application (SPR-341), the approval process is considered on hold pending the collateral acceptance by the Board of County Commissioners. Once their collateral has been accepted and their plat recorded, the property will be in compliance with the Weld County Code. For more information regarding the intricacies of the process, please refer to our previous memo dated December 19, 2001. Therefore, the Department of Planning Services can not recommend approval of the above mentioned liquor license at this time. cc: SPR-341, Kim Ogle, Planner SERVICE,TEAMWORK,INTEGRITY,QUALITY fates MEMORANDUM WI`Pe. TO: Esther Gesick, Deputy Clerk to the Board COLORADO DATE: December 19, 2001 �R(�� FROM: Kim Ogle, Planner 111 0b0 Bethany Salzman, Zoning Compliance Officer SUBJECT: El Reventon Night Club, SPR 341 El Reventon Night Club, LC 0044 The Department of Planning Services has accepted the mylar Plat for the above referenced case for recording subject to acceptance of the Improvements Agreement according policies regarding collateral for Improvements (Private Road Maintenance). The Improvements Agreement is presently under review by the Department of Public Works and County Attorney's Office. The Department of Planning Services will prepare a memorandum for consideration by the Board of County Commissioners upon receipt of a memorandum by the Department of Public Works and the Attorney's office. With acceptance of the collateral by the Board, the plat will be presented for recording. Upon recording of the Site Plan Review, SPR 341 Plat, the current violation will be closed. Review of the following liquor license application by the Department of Planning Services for RJML, LLC dba El Reventon Night Club 13015 Weld County Road 16 Fort Lupton, CO 80621 has not been completed pending the recording of the above referenced plat. rI ,.4h:!;,.:4!; ,,.„, .ir . SEGREY'ARIA DE ., , tPr•REtACONE5 " CONSULADO GENERAL DE MEXICO. EXTERIORes ',. ;i; fa DENVER, COLORADO. Num.707 Denver, Colorado Aug 30, 2001. Building Inspection&permits 1100 10th Street, Suite 102. t5�N. I-1"tt 4vENuE Greely, Colorado. 80631. Chic.''inspector, C:ty Clerk's office. Ate l 4 Court4-tj >perrin'le a Yt c'R P tci i l tll t i cJ v v i c, N The Consulate General of Mexico has been contacted by Mr. Manuel Manriquez and by Mr. Ruben 3. Rodriguez, both Mexican nationals. Their request is related to their intention to get/retain a liquor licence for thier establishments, Both Mr, Manriques and Mr. Rodriguez have complained about what they call unfair acts performed by the office of liquor licencing. The Consulate General will appreciate if you could let us know how their cases develop. Until then I remain, Sincerely, a ii fi , Letielpw alzada Gomez Consul General, Ruben J Rodriguez. Manuel Manriquez 232 Elizabeth st. 404 N. Garden Court. Ft. Lupton Colo, 80621. Plateville, Co 80651 Telephone (303 ) 857 4870 Jch /mg. iyin Jk ' e" dbkA JZIInIS Retikti MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board November 14, 2000 WIWDCFrom: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0044 Review of the following liquor license application by the Department of Planning Services shows the following: RJML, LLC dba El Reventon Night Club 13015 Weld County Road 16 Fort Lupton, Colorado 80621 Zone District: C-3 (through Z-66) This would be a "Use Allowed by Right" in the C-3 District; however, a Site Plan Review would be required in order for this use to be allowed through the Weld County Zoning Ordinance. No violations are occurring on the property at this time. SERVICE.TEAMWORK,INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C Phone: (970) 353-6100, Ext 3540 l i� Fax: (9(970)) 3 304-6498 • COLORADO September 20, 2001 Secretary of Exterior Relations Mexican Consulate • do Ms. Leticia Calzada Gomez 48 Steele Denver, CO 80206-5706 Subject: LC0044, Formby, Emmett & Catherine (dba/El Reventon Night Club) Dear Ms. Leticia Calzada Gomez: Please be advised that upon further research, a Site Plan Review application was indeed submitted in January of 2001 by Mr. Rodriguez. I apologize for the misunderstanding. Even though his application was indeed submitted,he has not responded to the attached letter(dated June 6,2001) listing out staff's concerns/conditions regarding the application. Until those items are addressed the application is not considered complete and therefore is currently invalid. Mr. Rodriguez has requested a meeting with Monica Mika-Daniels,the Director of the Department of Planning Services and Building Inspections. I believe this meeting is scheduled to occur towards the middle of next week. It would be beneficial to Mr. Rodriguez to address the concerns/conditions as listed in the June 2001 letter prior to that meeting. If you have any questions or concerns regarding the above information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer pc: SPR-341 LC0044 Department of Planning Services Clerk to the Board Bruce Barker, County Attorney Mr. Ruben Rodriguez Mr. Manuel Manriquez DEPARTMENT OF PLANNING SERVICES Code Compliance Division Website: WWW.CO.WELD.CO.US I E-mail Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 C Phone: (970) 353-6100, Ext 3540 Fax: (9(970)) 304-6498 COLORADO September 17, 2001 Secretary of Exterior Relations Mexican Consulate c/o Ms. Leticia Calzada Gomez 48 Steele Denver, CO 80206-5706 Subject: LC0044, Formby, Emmett & Catherine (dba/El Reventon Night Club) LC0016, Romance, Inc (dba/ClubRomance/ Lucky Star) Dear Ms. Leticia Calzada Gomez: Please be advised that we are indeed in receipt of your letter dated August 30, 2001. Since, I am under the impression that Mr.Manuel Manriques and Mr. Ruben Rodriguez own both of the above facilities, I will address both sites with the attached concerns: El Reventon Night Club:Currently the property forthis location is zoned"C-3"(Commercial). In the Commercial zone district a Site Plan Review (SPR) permit is required for this type of activity. As of this date, at least to the best of my knowledge, we have not yet received a Site Plan Review application. Club Romance / Lucky Star: No zoning violations are occurring on the property at this time; however, a Nonconforming Use(NCU)packet will be provided to Mr. Rodriguez and Mr.Manriques for them to complete and submit to allow us to proceed with a Nonconforming Use case to allow this property to continue the use (this kind of questionnaire is free). Additionally, I was aware that the Department of Building Inspections did have some concerns, but I am not aware if those still exist or have been resolved. If you have any questions or concerns regarding the above information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzman Zoning Compliance Officer pc: L00016 LC0044 Department of Planning Services Clerk to the Board Department of Building Inspections Bruce Barker, County Attorney Mr. Ruben Rodriguez Mr. Manuel Manriquez ocn..rrc TcenAWInaK rNTF!',R ITV_OTALITY 02/08/2002 14:53 3038570351 CITY OF FORT LUPTON PAGE 02/02 LIQUOR ESTABLISHMENTS LOCATED IN CITY OF FORT LUPTON 3.2 BEER RETAIL LICENSE-ON PREMISES Pizza Hut—450 Denver Avenue 3.2 BEER RETAIL LICENSE— OFF PREMISE TJ's Express 804 Denver Avenue ' Total Store#4109— 101 Denver Avenue' CLUB LIQUOR LICENSE American Legion Post#102—714 Fourth Street ' Moose Lodge#2425—421 Denver Avenue ' HOTEURESTAURANT LIQUOR LICENSE Branding Ironf- 11 First Street' La Familia—815 Seventh Street' Taqueria El Petrillo— 123 First Street HOTEURESTAURANT LIQUOR LICENSE WITH OPTIONAL PREMISES R.B.I. Golf Management-#2 Clubhouse Drive ' • TAVERN LIQUOR LICENSE V.F.W. Post 4102— 942 Denver Avenue Station Three—327 Denver Avenue ' Silver Moon Bar& Café —334 Main Avenue' Patricia's Mexican Food —217 First Street' RETAIL LIQUOR STORE Bottle House—415 % Denver Avenue ' Cork & Cap=115 First Street' Fort Suds— 640 Fourteenth Street FORT [f ett <esPie p of fort lap ton 18 - • . 36 • P.O. BOX 148 COUNTY OF WELD 130 S. McKINLEY AVENUE C O( O R boo FT. LUPTON, CO 80621 (303)857-6694 February 1, 2001 o Mr. Kim Ogle Weld County Planning Services iii =; 1555 N. 17`h Avenue Greeley, CO 80631 • Re: SPR-341 -a _ Dear Mr. Ogle: The following comments and attached letter from the Fort Lupton Police Department are in response to a request for comments from Weld County regarding SPR-341, Site Plan Review for a Nightclub/Restaurant allowed by right in the C-2 Zone District. The Fort Lupton Planning Commission reviewed the referral application at their January 23, 2001 meeting. Mr. Ruben Rodriguez was present to answer questions from the Planning Commission. The overriding concern expressed by the Commissioners was the absolute size of the operation. Although Mr. Rodriguez touted the Restaurant portion of the business, that is only a small part compared to the amount of square footage dedicated solely for alcohol consumption. The Commissioners are very aware that the biggest impact on services will be the City and not the County. It is virtually assured that our police department will be first response for disturbances at the facility. Another major concern is the lack of traffic control at the intersection of WCR 16 and Highway 85. The Commissioners are concerned not only for the safety of Fort Lupton residents traveling that portion of Highway 85 and WCR 16 but also for the patrons of the proposed Restaurant/Nightclub trying to access a high speed roadway at night. As past experience has proven with similar establishments there tends to be a regional attraction to the facility, which will mean many vehicles using Highway 85 to enter and leave the area. The City of Fort Lupton would like to request that the applicant engage in a traffic study to be reviewed by CDOT before site plan approval is given. If Weld County has already requested a traffic study from Mr Rodriguez we would like a copy of the study and any comments CDOT had regarding traffic impacts. According to the US 85 Access Control Plan, the intersection of WCR 16 and Highway85 will eventually be closed to traffic. This will mean that traffic from the proposed facility will have to enter the City of Fort Lupton in order to access the proposed interchange at WCR 14.5 114th Street) and Highway 85. This will definitely create several issues regarding the health, safety and welfare of the citizens of Fort Lupton. As you are well aware the City of Fort Lupton, Brighton and Weld County are concerned with the visual appearance of land-uses along Highway 85 as you enter and leave Weld County. The City of Fort Lupton would like to see that adequate landscaping be required and maintained to achieve an attractive entryway to Fort Lupton. This will also be achieved through the use of directionally lit signage so that glare is minimized off the site and not directed into traffic along the highway. The Planning Commission was also concerned with the capacity of the current septic system to handle the anticipated increase in volume. This facility has never been used for this purpose before and raises concerns of groundwater contamination. It is not anticipated that the City of Fort Lupton would annex the property at this time. It is not our policy to annex scattered or remote property that is currently not adjacent to the City limits. The City has planned for the eventual annexation of all the property from l4`" Street to WCR 16 that is along the Highway 85 frontage road. This will require cooperation and coordination between the City and all property owners in the affected area. The City would require hook-up to City water and sewer lines at the time of annexation. It is not known whether the existing septic system will have the capacity needed to service the facility until annexation occurs. The City would also like to know the "neighborhood"that the County Commissioners will establish for the purposes of the liquor license hearing. The City feels it should be included in the "neighborhood"affected by the liquor license request so that we will receive notification when the public hearing is conducted. In this way the City will have the opportunity to be present at the public hearing to represent the interests of Fort Lupton. Thank you for the chance to comment on the proposed use. Please forward any and all documentation requested to me and I will distribute accordingly. Sincerely, if(to•--e Paul Rayl City Planner CC: Weld County Commissioners Fort Lupton Planning Commission Fort Lupton City Council City Administrator, Brian Funderburk City Attorney, Bill Wallace pou flUP FORT O y FORT LUPTON 7 LUPT POLICE DEPARTMENT I8 o rtitoii.C° 130 South McKinley Avenue, Fort Lupton, Colorado 80621 303-857-4011 • Greeley 970-356-9225 • Fax 303-857-2703 Ccunty Planning Dapt.. December 11, 2001 Mr. Kim Ogle Weld County Planning Services R E C E V ED 1555 N. 17'" Avenue !� Greeley, CO 80631 Dear Mr. Ogle, This letter is sent in response to your request for a review by the Fort Lupton Police Department of the proposed El Reventon Night Club located at 13015 Weld County Road 16. After reviewing the available data and making a site visit, we have the following concerns: • The site is not located within the city limits of Fort Lupton, therefore the Police Department does not have jurisdiction at that location. This site is served by the Weld County Sheriffs Office and the Colorado State Patrol. These organizations should also be contacted for their input. • The proposed use will generate large crowds of customers, virtually all of whom will come and go by motor vehicle. Many of those driving will also have consumed alcoholic beverages. The close proximity of the site to a heavily traveled highway combined with other traffic issues creates a serious traffic safety problem. • Large crowds of people who drink alcohol tend to be unruly. The Weld County Sheriff has primary jurisdiction and their ability to respond to a disturbance with a peak capacity crowd of 600 patrons is a concern. The ability of the Fort Lupton Police Department to respond and handle such disturbances at this location is minimal. Our protocol, if we respond, will be attempt to contain the problem, but our primary duty is to serve the citizens of Fort Lupton. Based upon our concerns, we have the following recommendations: • Require the night club to have uniformed security personnel on duty anytime the customer count exceeds 50 people. There should be one uniformed security officer on duty for every 50 patrons. • The street lighting in the area of the proposed night club is virtually non-existent. Street lights should be placed both on Weld County Road 16 and U.S. 85 to help illuminate the roadway and the adjacent railroad crossing. • A protective traffic crash barrier should be installed between northbound U.S. 85 and the site. • The primary access point to the site appears to be on Weld County Road 16. This road is of insufficient design to accommodate the anticipated number of vehicles entering and exiting the site during peak periods. Traffic congestion will be a significant problem. Widen the road and install a turn lane into the site. • The intersection of U.S. Highway 85 and Weld County Road 16 will be a deathtrap as it is presently configured. A traffic signal should be installed at this location to facilitate the safe flow of traffic. Thank you for the opportunity to review this proposed development. If you have any questions or concerns regarding this matter, Please do not hesitate to contact me. Sincerely, Al Sharon Chief of Police cc: Brian Funderburk, City Administrator, City of Fort Lupton Brian Grubb, Planner, City of Fort Lupton Bill Wallace, City Attorney, City of Fort Lupton 02/08/2002 13:46 FAX 30366602010 Holme Roberts & Onen cV PETITION CONCERNING A TAVERN LIQUOR LICENSE Applicant: RIML,LLC_ Trade Name: EL REVENTON NIGHTCLUB Proposed Location: 13015 Weld County Road 16(about 1 mile north of Fort Lupton) Weld County, Colorado Application For: Tavern Liquor License Public Hearing before the Weld County Liquor Licensing Authority Date: February I1, 2002 Time: 9;00 a.m. Location: 915 10th 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 TAVERN LIQUOR 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 TAVERN LIQUOR LICENSE BECAUSE THE PRESENT OUTLETS ARE SUFFICIENT TO MEET YOUR NEEDS, AND IT IS YOUR DESIRE THIS LICENSE NOT BE ISSUED,PLEASE MARK AN"X" IN THE"OPPOSE" COLUMN. 1 EXHIBIT LA IR2\?.u-\\*csi 02/05/02 15:45 'Q 30M&6U020U PITITIO,'f CONCERNING A TAVERN LIQUOR LICENSE APPLICATION APPLICANT: RUML,LLC -TRADE NAME:EL REVENTON NIGHTCLUB PROPOSI'.['LOCATION: 13015 WELD COUNTY ROAD 16(about 1 mile nurth of Fort'Tinton)WELD COUNTY,CO Each per&i n has had the opportunity to read,or have read to them,the petition is its entirety and understands its meaning. Signet ire-on top of line(Met&Last Name) Date Street Address(with apt,no.) Support Oppose Age Signed Printer name-below line (Please use black ink) 1 ! j1own.. I v k i DE A-.vt11 /NE Goes Si.) C . `t - Lvrro&,l Cc ?°C-) L ' X2 `f/7 6'ta / Y7 5 uu3 i Z P /afircu7 c��/,��: , 5°2-40/0 cr."! o -vat , 1-4,et r- d '73//,D/0 e_ /it e---t(11 O 0,k► 76 ape/0 6 7e-20 /7rti 0 /7rti }` v 1�r? y i S rriC �Lf�.7s /rte v C13 z XJ,u z- 8 9 10 11 12 LISI ��CSS I n `�j5 r F 1-1-0 3/4,-/ .�V Pt z1 16.iC(} a ms`s 4#1- 734 PETITIO l CONCEILNLNG A TAVERN LIQUOR LICENSE APPLICATION APPLICA VT: RJMI..LLC -TRADE NAME:EL REVENTON NIGHTCLUB PROPOSI D LOCATION: 13015 WELD COUNTY ROAD 16(about 1 mile north of Fort Lnntoa)WELD COITM1'1'Y.CO Each ners a has had the opportunity to rend,or have read to them,the petition in its entirety and understands its meaning. Siguad te•on top of line(First&Last Name) Date Street Address(with apt.no.) Support Oppose Age S ne Printer namo-below line //��,�� lease use black ink X 6t 3 en /lir& 3z_ //�� 1 ) _L,TYdf/1) L. iece t Tho �eeerr� NO/ XM 61 4 /yq f1 come:—y�X�cau I40I 9-Hr- *1t Ic49 ) I ` I arLl lfS0. .l f�zv rsl� 0 ,YN(Qz 1 '1 di Vic"( — 4 CA-33oin CC�+t.\ 1(40I ctIt' 149 5/s C�i4/din/ fJ Ic "'r,o Onrluiiz /ghat lsrl�r Mar �rxz f eer u�/oA/ m Y 3 ` ,116,/ca 6 icrtatd ,,/ z /0O0 4cn�<r /1vc 7 ---ze v 7/lydiei t / 3& 2nC/ 3/ •z_,...s 14 _ �/ �r Lc-tZ eak 18' % X (.I L' -I4e-t ✓ r ; -mac., , (� I of fe L) q ( ctv, ., ,2-I , L f-6— ( ,�,„ , I X I Iaf : /"to_. 11 . ly,,D 2 l� r2 la'TXX,1 Ave, f c/4(e/e3 �S/?lM7i-1(2_ i� �H�Tr, c � no 26 I40/cIL 12 I Y y \4 r ,, ,, \-\E t v.c,n ck e a „to-, iiy-_,---- - 4_0-e ci 2/4102_ PETITIO'. r CONCERNING A TAVERN LIQUOR LICENSE APPLICATION APPLICANT:_RJML,TIC -TRADE NAME:EL Rj2VE:NTON NIGHTCLUB PROPOSI D LOCATION: 13015 WELD COUNTY ROAD 16(about I mile north of Fort Lupton)WILD COTTNTY,CO Each ersi a has had the opportunity to read,or have read to them,the petition in its entirety and understands its meaning, Signat ire-on top of line(First&Last Name) Date Street Address(with apt.no,) Support Oppose Age Signed Printer name-below line lease use black ink) l — e_r2o;n ccii a/ 7/5 pemic Ay; -I-- V 2io-op SI,L -) M g r � L�'( (be a, J,e)< 3 7 IC O e n Ve y Ave }W � /� ia-of _L AL t Il I 71.0 n co a06Zt 39 /qO2'//15 A6 Oa/ 703 I7en,1e7 ,9Uf, IS + 2.1 1.-i0-v2 PLO,/ Lvy/or/ (n PA671 s J00c(1o,1 i°0PLO, n t7 9)'7- 0@loar Ave .776 /�� p� crOcc)t� Rey floc,n rr2upien, eocccc �L „I " 0/00. 6�r1 sr ��as,xg ?ix 0m4� r/lc 2 D C� 7n� m. Dchver Ave $ 6 H Is 1 Karl SvhCII� e7 D )/ ,jN . P Yr9 t\v11' Aye : �vCve,.< c -: 1(3 - ? �S1-). :�P!�t. : P, fly .k26 0�-10 eve, \V\e,!v„,(\i<' 9 l" � c y x. •'e St'me vita(- + , 32 '02442 cit- Rime r llve, t4 t0 r r ; sc, s;me,y4e.) {, Lu9 i Cj . _ ! I26L 1I ��( A CC r 'nr' Ste/ Q I 9P,J p c o u"/ a Uc-"i'/p 30 l.rn AT/. iz,191O.r co ' ; 0`7�°11 Z ,t 17 �to4'cc _ u27 21 ' t-c -4vc / /— /e 72 i PE TITIO f CONCERNING A TAVERN LIQUOR LICENSE APPLICATION A PPLICA 4T:_RIME,LLC -TRADE NAME:EL REVENTON NIGHTCLUB PROPOSI D LOCATION: 13015 WELD COUNTY ROAD 16(about 1 mile north of Fottliyoton)WELD COUNTY,CO Each nets a has had the opportunity to read,or have read to them,the petition in its entirety and understands its meaning. Signal re-on top of (First&Last Name) Date Street Address(with apt,no.) Support Oppose Age Signed Printer name-below line lease use black ink . u S --VAXYLaC '\Ct 33 S t tQ4i?J -u etuj a 1 ( ��' i i�id dal 3 -tgcco i ck . Xe qa, <`< ono 3 a OL, 2/ ` /V. -- `K 225 2j rt- e °Jar-) Av 6 E/ antic co-ne�4,e( It L�/ V a �l co ) a o�. Sa'J' H2v risov 4-vc-5a , . _ ii y, , /, i/6 7c> uo,(9.36v, , , ,A2- ,--1/4,„ i 1_/ 2/, 0,1,_ -S......-2-n-qc A IcT9-Zga\ a � �+ ✓l 2. 2 ° (?4riC tivz- GI//i / kWh 2 y/t 5 /'�L� ��cZ ( f L�tP ploy" �D s )c 2 /d4,y giLip -N Mlbai 10, ne IC 0 j 11y ' C�C� ��"Th !- � ( r � ((7 12 1 0, AT, "r -•. '�.=-,, e.:C" <=' 0/ PETITIO' I CONCERNING A TAVERN LIQUOR LICENSE APPLICATION APPLICA"IT: RJML,LLC -TRADE NAME:EL REVEITON NIGHTCLUB PROPOSI D LOCATION: 13015 WELD COUNTY ROAD 16(about 1 mile north of Fort Lantanl WELD COUNTY,CO Each pors, a has had the opportunity to rend,or have read to them,the petition is its entirety and understands its meaning. Signab-re-on top of line(First&Last Name) Date Street Address(with apt.no.) Support Oppose Age Signed Printer name-below line lease use black ink) V 4 . , vS\IG S (LI CA. q AEA 54 cP< 3 l a3 Di5 a 3 Iris fre( 0 aao 't'5 F s 4��1 0 • �_ „pc- 4 ' C- t. . ` c8 ) s cep .St. /� ,�: 1, /05-Q/tcc rs, a /till-2e DO 9I,024 6 ik- g'5- , — S l'ilC Z31 ate ' -) I !zML 7 `1 T K u Cs.-Scu (P0 0 `ru icE 2/ . . (t) ,2� 2 A r 9 l_Kii�)� 9° �£nJUf'Q i ®'r 10 lac( O . IC Ct \\J� 9):)11O- "R(±) 12 ;311-- 17 PITITIO I CONCERNING A TAVERN LIQUOR LICENSE APPLICATION APPLICA.VT:_RIML.LLC -TRADE NAME:EL REVENTON NIGHTCLUB PRUPOS1 D LOCATION: 13015 WELD COUNTY ROAD 16(about 1 mile north of Fort Lnnton)WELD COITIr'1'Y,CO Each tiers a has had the opportunity to read,or have read to them,the petition in its entirety and understands its meaning, Signati re-on top of line(Lint&Last Name) Date Street Address(With apt.no) Support Oppose Age Signed Prime. name-below line (Please use black ink) 1 ii/as Knsf ; Jh into ',encash-, Ll` 36 FI ..lup><'cln tot'? .A.C63 . dad _ ff9s7f� 1u a�J6-rzCofsoG.9 / S0' 9 ?Lks �- h U p J`ON a 5 6 7 5 - 9 12 o ..ch—un ' i.8:-1@• FAS .)U38660CPU .4o..ne No Den & Jw+en �'J- �:U., PET[TION CONCERNING A TAVERN LIQUOR LICENSE APPLICATION APPLICANT: RTML,LLC -TRADE NAME:a REVENTON NIGHTCLUB PROPOSED LOCATION:13015 WELD CQIINTY ROAD 16(about 1 mile north of Fort Lupton)WELD COUNTY.CO Each person has had the opportunity to read,or have read to them,the petition in its entirety and understands its meaning. Signature-on top of line(First&Last Name) Date Street Address(with apt.no.) Support Oppose Age Signed Printed name-below line (Please se blac ink 1)0 e1)( (/t G- 5 /) / C(1ti In! / , y 4i . / 1116/7 /e/i) F-/ L�� 1Z/I Co 64.)( z t;tylc/le, '0 416 e MIA/cy plitii'e°`f � ✓ 63 °2//L ed 106x?/ li lit-, ivy C L. 4:1* I - -_. Lr -4,' �. L.e VI v ;iv-c.c.-L. rav-- 1 CW1 H7-106— fo l n o,6) ( 14 v`11 iA/114 ; Z CD V 7V l? 6 x1lth-41N tJls 1 LeOci (1ar0tik){{ i bY _ 22 . ttf H‘Azdin7----1---j".1t- kCK 4 G01- ti Z/ (15 IC ,. , 1 O • r r rk -7 D ; CI) IC) c7 37 - �35(353- 4` + �•r� � / 53 10 n/odC�L. J�� /OOC, kowg ✓tGu3 fir , smr, .. ✓� r Z�t�/'- --C,'-. J- �.u;iTVt Cc. !�0 , 'V LI 8 eiglii _9-01'°,,,,, ,„„_, 12rTh- er 10S' 7 -7A 51 — 54 "dJ 17' 5 PETITIO f CONCERNLNG A TAVERN LIQUOR LICENSE APPLICATION APPLICA.VT: RJML,LLC -TRADE NAME:EL REVENTON NIGHTCLUB PROPOS) I)LOCATION: 13015 WELD COUNTY ROAD 16(about 1 mile north of Fort Lupton)WELD COITNTY,CO Each nets, a has had the opportunity to rend,or have read to them,the petition in its entirety and understands its meaning, Signati ire-on top of line(First&Last Name) Date Street Address(with apt.no.) Support Oppose Age Signed Printer name-below line (Please use black ink) 9'o)5 De 3\ntO. " Act3tie z / l; )1-3krin_ RokersoP POC ► u On fl �/d/ate �J-tt7� t 931 7cuor 4Oe r�� ,�n k 2 f A202 3 C ,< 1' Cl '<(�1 4 IC Y"li (t eC 1 �fi1 1 � , 5 , r - j-Z .-)c11(`, k (IIr'( v ( 7 L.L. � i �. , c ; fGres alai l40 abLr- 13tha HO I `i5 t S9. CC() 3 ` a lo. ecl. al do 126a v. cr—ff Lu?t on cogD o�s _l\ ( e si.W. -A e ) yO J (IC) -515 ;ro eCitt _LS.e r "Au\ it-/I 2 v o v1 c o ' a / yr/tr2,h,3 6 7 S s 10 11 12 4. EXHIBIT 3 G I .t4w4r, BEFORE THE LOCAL LICENSING AUTHORITY. TOWN OF PLATTEVILLE, COLORADO FINDINGS AND ORDER IN THE MATTER OF: LICENSEE: RUBEN RODRIGUEZ AND MARIA RODRIGUEZ, d/b/a/ ESCARAMUCH LICENSED PREMISES: 314 MARION PLATTEVILLE, CO 80651 LICENSE NO. 02-78211 THIS MATTER came on for hearing before the Authority pursuant to Order to Show Cause and Notice of Hearing dated August 2, 1994 . The hearing was conducted in three sessions held August 31, 1994 , September 7, 1994, and September 27 , 1994 . Licensees were present at all sessions with their attorneys, Russell E. Vigil and David Madrid. Based upon the evidence presented at the hearing, the Authority FINDS AS FOLLOWS: 1. On or about July 16, 1994 , at the Licensed Premises, the Licensees caused or permitted their employees or agents subject to their direction and control to sell, serve, or give away malt liquor to one Ave Maria Rubio, a person under the age of twenty-one years, in violation of §12-47-128, C.R. S. 2 . On or about July 16, 1994, the Licensees failed to conduct the Licensed Premises in a decent, orderly and respectable manner, and permitted rowdiness, undue noise, or other disturbance or activity offensive to the senses of the average citizen, in violation of Colorado Department of Revenue Regulation 47-105. 1A by causing or permitting their employees or agents subject to their direction and control to use excessive and unreasonable physical force against one Ezequiel Tobar. 3 . On or about February 12, 1994 , the Licensees failed to conduct the Licensed Premises in a decent, orderly and respectable manner, and permitted rowdiness, undue noise, or other disturbance or activity offensive to the senses of the average citizen, in violation of Colorado Department of Revenue Regulation 47-105. 1A by causing or permitting their employees or agents subject to their direction and control to use excessive and unreasonable force against one Guillermo Archuleta. 4 . The Licensees have invested considerable sums of money to construct and install improvements upon the Licensed Premises. They have additionally made efforts to maintain noise from bands at a reasonable level and keep the area outside the Licensed Premises clean and free of debris from the operations of the Licensed Premises. 5. Security guards engaged by the Licensees do not appear to have adequate training in crowd management, and this factor contributed materially to the violations found in paragraphs 2 and 3 above. 6. On or about February 12 , 1994 , at the Licensed Premises, Licensee Ruben Rodriguez or his employees or agents subject to his direction and control sold, served, or gave malt liquor to Guillermo Archuleta, Saul Holguin-Ramirez, and others, who were apparently or visibly intoxicated at the time, in violation of §12- 47-128, C.R. S. , and Colorado Department of Revenue Regulation 47- 105. 1A. This contributed materially to the violation found in paragraph 3 above. 7 . Neither Licensee Ruben Rodriguez, who appears have primary control over the operations of the Licensed Premises, nor Licensees' employees have attended or completed any formal training in the operation of a retail liquor licensed establishment, and this has contributed materially to the violations found in paragraphs 1 through 3 inclusive. Based thereon, the Authority enters the following ORDERS: 1. The Licensees ' License is suspended for a period thirty (30) consecutive calendar days, commencing at 12 : 01 a.m. on Sunday, October 16, 1994 . 2 . That portion of the suspension to be served after midnight on Sunday, October 30, 1994 is stayed to and until 12 : 01 a.m. on January 14, 1995. If prior to that time Licensees demonstrate that they and all of their employees have successfully completed an Alcohol Awareness Program sponsored by the Colorado Restaurant Association, the remaining portion of the suspension will be vacated. -2- 3 . The Licensees shall post notice of the suspension at the Licensed Premises as required by Colorado Department of Revenue Regulation 47-110. 1F on or before 12 : 01 a.m. on October 16, 1994 and shall maintain such posting until midnight on October 30, 1994 . If that portion of the suspension deferred until January 14, 1995 is not vacated, the Licensee shall post such notice of the suspension at the Licensed Premises on or before 12: 01 a.m. on January 14, 1995 and maintain such posting through the remainder of the suspension ordered above. DATED this 4th day of October, 1994 . TOWN OF PLATTEVILLE, COLORADO LOCAL LICENSING AUTHORITY 7.742----- Gary/HomyakefChairman ATTEST: ge Karen Miller, Clerk -3- Testimony to Weld County Board of Commissioners Re: Tavern License for a Proposed Nightclub at 13015 Weld County Road 16 Presented February 11, 2002 Ken Clark III City of Fort Lupton Mayor Pro Tern The City of Fort Lupton previously has communicated to Weld County several concerns about the proposed establishment. Traffic Safety. The intersection of Weld 16 with the railroad and US Highway 85 is hazardous under the best of conditions. At night the intersection is more dangerous, even without the addition of alcohol to drivers attempting to navigate it. The Colorado Department of Transportation's US 85 Access Control Plan would eliminate this intersection, but that is not likely to happen for many years. Weld 16 itself is not designed to accommodate the volume of traffic entering and leaving the site during peak periods, and traffic congestion is likely to be a serious problem. Public Safety. The proximity of the proposed nightclub impacts adversely on public safety in Fort Lupton. Substantially increased traffic along the frontage road to Denver Avenue and 14th Street (Weld 14 ''/2) comprised of drivers who are expected to have been drinking creates a safety hazard to citizens. Because of the City's mutual aid agreement with the Weld County Sheriff department, it is likely that for most incidents Fort Lupton Police officers will be called upon if not as first responders, then to back up Sheriff's officers. When called upon to provide aid outside the city limits, Fort Lupton police officers obviously are not available to protect and assist our own citizens. In addition to these concerns, there is no indication from citizens of Fort Lupton that such a facility as proposed is either needed or desired. On the contrary, citizen comments to the City Council and staff clearly indicate that the additional traffic hazards and demands on our police department are not at all desirable. 4 EXHIBIT Testimony to Weld County Board of Commissioners _ 1 _ Responding to these concerns, the Fort Lupton City Council adopted the following resolution Number 2002-008. (Resolution read.) In conclusion, there are no apparent benefits to the citizens of Fort Lupton that can offset the risks and burdens that would be placed upon our community by the proposed nightclub. If this tavern license were approved, Weld County would get a bar, but the City of Fort Lupton would get the tab. Respectfully Submitted, fG6e ,------ Ken Clark III Mayor Pro Tern City of Fort Lupton 130 South McKinley Avenue Fort Lupton, Colorado 80621 303-857-6694 (City Hall) Attachments: Fort Lupton City Council Resolution 2002-008 Correspondence: Fort Lupton Police Department to Weld County Planning Services dated December 11, 2001 Correspondence: Fort Lupton Planning Department to Weld County Planning Services dated February 1, 2001 Testimony to Weld County Board of Commissioners - 2 - RESOLUTION NO. 2002-008 A RESOLUTION OF THE CITY OF FORT LUPTON, COLORADO EXPRESSING CONCERNS REGARDING THE PROPOSED ESTABLISHMENT KNOWN AS EL REVENTON NIGHT CLUB LOCATED AT 13015 WELD COUNTY ROAD 16 WHEREAS, There is currently a request before the Weld County Commissioners to issue a liquor license for a nightclub known as El Reventon Night Club located at 13015 Weld County Road 16; and WHEREAS, The proposed use of the site is more intense than the previous use and, without mitigating the impacts, is not appropriate in this area where urban level services such as centralized sewer and police protection are not available; and WHEREAS, The proposed use will generate many customers, where virtually all will come and go by motor vehicle because of the remote location. Many of those driving will also have consumed alcoholic beverages. Public transit does not serve the site and taxi service is extremely limited; and WHEREAS, The close proximity of the site to a heavily traveled highway (Highway 85) combined with dangerous left turning movements onto such highway, and the lack of a signalized intersection create a serious traffic safety problem; and WHEREAS, All southbound traffic from the club and Road 16 is proposed to be diverted through the City of Fort Lupton; and WHEREAS, The Weld County Sheriff has primary jurisdiction and their ability to respond to a disturbance with a peak capacity crowd of 600 patrons is a concern. The ability of the Fort Lupton Police Department to respond and handle such disturbances at this location is minimal. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby formally expresses its concerns regarding the proposed nightclub and strongly encourages the County Commissioners to ensure that all these conditions are addressed and mitigated before issuance of a liquor license. APPROVED AND PASSED BY A MAJORITY VOTE OF THOSE ELECTED TO THE CITY COUNCIL THIS 23TH DAY OF JANUARY 2002. CITY OF FORT LUPTON, COLORADO Phil Jensen, ayor Approved as to Form: � J � � Attest: • T. William Wallace, City Attorney Barbara Rodgers, City CIttk AM 2002-026 (COL F FORT �j ~' pl°* ettp of fort lup ton 18 ,: • , : � 3 , COLD . ' P.O. BOX 148 COUNTY OF WELD 130 S.McKINLEY AVENUE FT. LUPTON. CO 80621 (303)857-6694 COtoRiDO February 1, 2001 Mr. Kim Ogle Weld County Planning Services 1555 N. 17`h Avenue Greeley, CO 80631 Re: SPR-341 Dear Mr. Ogle: The following comments and attached letter from the Fort Lupton Police Department are in response to a request for comments from Weld County regarding SPR-341, Site Plan Review for a Nightclub/Restaurant allowed by right in the C.-2 Zone District. The Fort Lupton Planning Commission reviewed the referral application at their January 23, 2001 meeting. Mr. Ruben Rodriguez was present to answer questions from the Planning Commission. The overriding concern expressed by the Commissioners was the absolute size of the operation. Although Mr. Rodriguez touted the Restaurant portion of the business, that is only a small part compared to the amount of square footage dedicated solely for alcohol consumption. The Commissioners are very aware that the biggest impact on services will be the City and not the County. It is virtually assured that our police department will be first response for disturbances at the facility. Another major concern is the lack of traffic control at the intersection of WCR 16 and Highway 85. The Commissioners are concerned not only for the safety of Fort Lupton residents traveling that portion of Highway 85 and WCR 16 but also for the patrons of the proposed Restaurant/Nightclub trying to access a high speed roadway at night. As past experience has proven with similar establishments there tends to be a regional attraction to the facility, which will mean many vehicles using Highway 85 to enter and leave the area. The City of Fort Lupton would like to request that the applicant engage in a traffic study to be reviewed by CDOT before site plan approval is given, If Weld County has already requested a Traffic study from Mr Rodriguez we would like a copy of the study and any comments CDOT had regarding traffic impacts. According to the US 85 Access Control Plan, the intersection of WCR 16 and Highway 85 will eventually be closed to traffic. This will mean that traffic from the proposed facility will have to enter the City of Fort Lupton in order to access the proposed interchange at WCR 14.5i i4`h Street) and Highway 85. This will definitely create several issues regarding the health, safety and welfare of the citizens of Fort Lupton. t�1 As you are well aware the City of Fort Lupton, Brighton and Weld County are concerned with the visual appearance of land-uses along Highway 85 as you enter and leave Weld County. The City of Fort Lupton would like to see that adequate landscaping be required and maintained to achieve an attractive entryway to Fort Lupton. This will also be achieved through the use of directionally lit signage so that glare is minimized off the site and not directed into traffic along the highway. The Planning Commission was also concerned with the capacity of the current septic system to handle the anticipated increase in volume. This facility has never been used for this purpose before and raises concerns of groundwater contamination. It is not anticipated that the City of Fort Lupton would annex the property at this time. It is not our policy to annex scattered or remote property that is currently not adjacent to the City limits. The City has planned for the eventual annexation of all the property from 14th Street to WCR 16 that is along the Highway 85 frontage road. This will require cooperation and coordination between the City and all property owners in the affected area. The City would require hook-up to City water and sewer lines at the time of annexation. It is not known whether the existing septic system will have the capacity needed to service the facility until annexation occurs. The City would also like to know the "neighborhood" that the County Commissioners will establish for the purposes of the liquor license hearing. The City feels it should be included in the "neighborhood" affected by the liquor license request so that we will receive notification when the public hearing is conducted. In this way the City will have the opportunity to be present at the public hearing to represent the interests of Fort Lupton. Thank you for the chance to comment on the proposed use. Please forward any and all documentation requested to me and I will distribute accordingly. Sincerely, effLy, Paul Rayl City Planner CC: Weld County Commissioners Fort Lupton Planning Commission Fort Lupton City Council City Administrator, Brian Funderburk City Attorney, Bill Wallace POLICE FORT LUPTO FORT LUPTON i� -- - POLICE DEPA RTMENT ribtows° 130 South McKinley Avenue, Fort Lupton, Colorado 80621 303-857-4011 • Greeley 970-356-9225 • Fax 303-857-2703 December 11, 2001 Mr. Kim Ogle Weld County Planning Services 1555 N. 17"'Avenue Greeley, CO 80631 Dear Mr. Ogle, • This letter is sent in response to your request for a review by the Fort Lupton Police Department of the proposed El Reventon Night Club located at 13015 Weld County Road 16. After reviewing the available data and making a site visit, we have the following concerns: • The site is not located within the city limits of Fort Lupton, therefore the Police Department does not have jurisdiction at that location. This site is served by the Weld County Sheriffs Office and the Colorado State Patrol. These organizations should also be contacted for their input. • The proposed use will generate large crowds of customers, virtually all of whom will come and go by motor vehicle. Many of those driving will also have consumed alcoholic beverages. The dose proximity of the site to a heavily traveled highway combined with other traffic issues creates a serious traffic safety problem. • Large crowds of people who drink alcohol tend to be unruly. The Weld County Sheriff has primary jurisdiction and their ability to respond to a disturbance with a peak capacity crowd of 600 patrons is a concern. The ability of the Fort Lupton Police Department to respond and handle such disturbances at this location is minimal. Our protocol, if we respond, will be attempt to contain the problem, but our primary duty is to serve the citizens of Fort Lupton. Based upon our concerns, we have the following recommendations: • Require the night club to have uniformed security personnel on duty anytime the customer count exceeds 50 people. There should be one uniformed security officer on duty for every 50 patrons. • The street lighting in the area of the proposed night club is virtually non-existent. Street lights should be placed both on Weld County Road 16 and U.S. 85 to help illuminate the roadway and the adjacent railroad crossing. • A protective traffic crash barrier should be installed between northbound U.S. 85 and the site. • The primary access point to the site appears to be on Weld County Road 16. This road is of insufficient design to accommodate the anticipated number of vehicles entering and exiting the site during peak periods. Traffic congestion will be a significant problem. Widen the road and install a turn lane into the site. • The intersection of U.S. Highway 85 and Weld County Road 16 will be a deathtrap as it is presently configured. A traffic signal should be installed at this location to facilitate the safe flow of traffic. Thank you for the opportunity to review this proposed development. If you have any questions or concerns regarding this matter, Please do not hesitate to contact me. Sincerely, Al Sharon Chief of Police cc: Brian Funderburk, City Administrator, City of Fort Lupton Brian Grubb, Planner, City of Fort Lupton Bill Wallace, City Attorney, City of Fort Lupton /� 1 Ft. Lupton b'\N air 1' 4-04,1 yir��f�sv/iz&Lwkct ry guiticf �7 / N,LN 1121 DENVER AVE. EMERGENCY 911 4j p� FT. LUPTON, CO 80621 OFFICE 303-857-4603 . •S Weld County Commissioners Weld Centennial Building 915 10`" Street Greeley, Colorado 80631 To Whom It May Concern: The Fort Lupton Fire Department opposes the issuance of a liquor license to El Reventon at the intersection of County Road 16 and Highway 85. The Fort Lupton Fire Department is a volunteer fire department with 40 volunteers covering a 76 square mile area including the city of Fort Lupton. Our call volume in 2001 was 782 calls, an increase of 100 calls from 2000. The Department estimates the call volume will increase an additional 5% by the issuance of a liquor license to El Reventon. The CR 16/Highway 85 intersection is not controlled by a traffic light. The increased traffic at this intersection will cause an increased number of traffic accidents alone and will be compounded by drivers affected by alcohol. The Department opposes the issuance of a liquor license due to the number of increased medical calls caused by too much consumption of alcohol. Alcohol consumption is a contributing factor for breathing difficulties, fights and falls. The call volume will also be increased to standby to assist the sheriff and police departments when they are called to respond to fights and crowd control acerbated by alcohol consumption. The Department is also very concerned about the traffic congestion at this intersection. County Road 16 is the main arterial for the Department to use to respond to Aristocrat Ranchettes, a rural housing community of more than 400 homes. Thank you for responding to the Fort Lupton Fire Department's concerns to the issuance of a liquor license to El Reventon. Sincerely, Alan Standeford, Fire Chief g EXHIBIT Fort Lupton Fire Department f' Ceer %et/4w "elimetet otv 0/Jeered/ LIQUOR LICENSING CRITERIA In reviewing an application for a new liquor license, the Board must consider and make findings of fact and determination for each of the following criteria: 1. Whether the reasonable requirements of the neighborhood justify approval. C.R.S. § 12-47-301(2)(a). 2. Whether the desires of the adult inhabitants of the neighborhood, as evidenced by petitions, remonstrances or otherwise justify approval. C.R.S. § 12-47-301(2)(a). 3. Whether the applicant is of good moral character and reputation. C.R.S. § 12-47- 307(1)(a). 4. Whether the number, type, and availability of alcohol beverage outlets located in or near the neighborhood under consideration justify approval. C.R.S. § 12-47- 312(2)(a). 5. Whether there are "any other pertinent matters affecting the qualifications of the applicant for the conduct of the type of business proposed." C.R.S. § 12-47- 312(2)(a). 6. The facts and evidence adduced as a result of the Board's investigation (the report of the appointed Commissioner's inspection). C.R.S. § 12-47-312(2)(a). a. Whether the proposed licensed premises is directly connected to a different licensed premises. C.R.S. § 12-47-301(3)(a). b. Whether the diagram of the proposed licensed premises is correct. C.R.S. § 12-47-309(3). 4 EXHIBIT fa- fL Liquor Licensing Criteria Page 2 c. Whether the sign noticing the place, date and time of the hearing for the liquor license application was posted in such a manner that the notice was conspicuous and plainly visible to the general public. Such notice must be posted at least ten days prior to the hearing. C.R.S. § 12-47-311(1) and (4). d. Whether the building in which the liquor is to be sold is located within five hundred feet of any public or parochial school, or the principal campus of any college, university, or seminary. 7. Whether the proposed location is either the same as or within five hundred feet of a location for which, within the two years next preceding the date of the application, the State of local licensing authority denied an application for the same class of license for the reason that the reasonable requirements of the neighborhood and the desires of the adult inhabitants were satisfied by the existing outlets. C.R.S. § 12-47-313(1)(a)(I). 8. Whether the applicant is, or will be, entitled to possession of the licensed premises under a lease, rental agreement, or other arrangement for possession of the premises, or by virtue of ownership thereof. C.R.S. § 12-47-313(1)(b). 9. Whether the proposed location is in an area where the sale of alcoholic beverages as contemplated is not permitted under the applicable zoning laws of the County. C.R.S. § 12-47-313(1)(c). For tavern or retail liquor store license applications: "An application for the issuance of a tavern or retail liquor store license may be denied . . . if the local licensing authority . . . determines,pursuant to C.R.S. § 12-47-301(2)(b), that the issuance of such license would result in or add to an undue concentration of the same class of license and, as a result, require the use of additional law enforcement resources." C.R.S. § 12-47-313(2). =S3-u8-2002 FRi 01 :58 PN WELD CO GOVT FAX NO, 9703520242 P. 02 82/08/2082 14:53 3030520351 CITY OF FORT LUPTON PAGE 02/62 LIQUOR ESTABLISHMENTS LOCATED IN CITY OF FORT LUPTON 3.2 BEER RETAIL LJjENSE-ON PREMISES I Pizza Hut 410 Denver Avenue" 3.2 BEER RETAIL LICENSE—OFF PREMISES TJ's Express 804 Denver Avenue " Total Store#4109— 101 Denver Avenue' CLUB UQUt LICENSE I American Legion Post#102—714 Fourth Street. D-Moose Lodgd*2425—421 Denver Avenue ' HOTEL/RESTAURANT LIQUOR LICENSE Branding Irons— 11 First Street' La Famina—815 Seventh Street 7Taqueria El Petrillo— 123 Fast Street HOTEL/RESTAURANT LIQUOR LICENSE WITH OPTIONAL PREMiSEt ,(R.B,I. dolt Management-#2 Clubhouse Drive' TAVERN LIQJOR LICENSE V.F.W. Post 4102—942 Denver Avenue S Station Three.—327 Denver Avenue ' Silver Moon Bar& Cara-334 Main Avenue' to Patricia's Mexican Food-217 First Street' RETAIL LIQ 4OR STORE Bottle House L 415 %Denver Avenue Cork& Cap 115 First Street" Fort Suds—840 Fourteenth Street EXHIBIT r_• Hello