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Home My WebLink About20021289.tiff RESOLUTION RE: APPROVE TRANSFER OF OWNERSHIP REQUEST FOR HOTEL AND RESTAURANT LIQUOR LICENSE FROM SIMON RYU, DBA SIMON'S BAR AND GRILL, TO SIMON CORPORATION, DBA SIMON'S BAR AND GRILL 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, Simon Corporation, dba Simon's Bar and Grill, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Hotel and Restaurant Liquor License for the sale of malt, vinous and spirituous liquors, said license previously held by Simon Ryu, dba Simon's Bar and Grill, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the required fees to the County of Weld for a Change of Ownership of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3815 Highway 119, Longmont, Colorado 80504 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2002-08 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 29, 2003, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. eC' N / 3� 2002-1289 /�'i LC0014 TRANSFER OWNERSHIP OF LIQUOR LICENSE - SIMON'S BAR AND GRILL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of May, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY), COLORADO ATTEST: IE if l �� i •,:- 7,,.,,,-- G Vaad, Chair Weld County Clerk to t� 8C,4c�� ' --" p P �, A. \ e rF. David E. L g, Pro- - Deputy Clerk to the Bt'!1i�N t M. J. Geile APP AS O —/ // J, 4 illiam H. Jerke �� Z��— Attbrney Robert . asden Date of signature: /D 2002-1289 LC0014 L V .G al o O E O .O o f ci ' .I s a CY I..I aS•I O ._0 E-' ON V o w a Ih ;; N o = ys ta a . o'' GA W cs v v �II CC r I' 1�w1 c .- . U I 48 pae� c,i 4 rl to & O▪ ;O O }� tp O N C C 8 I a -L G t0 a.9 a) p N C'� 0019 Qo O .S °1 Q .O b ,O C W i �i '. E .d o .-I a-I c 3 y b � H ,p U �0�7 d aoaa g -1 " Q a ? N W � 44.; o= N • Co 4 N H 'd O q`o_ 0 FL,c .2‘c T Ala o a 0cti P1 1:1G N�E OillO N, �. I a 7 V] N l Nl a O v .0 N O U 1 +V ,-1`LJ 71 ..4 u �.] ° O ° {^ q 9 qq a � wig I ca i` Kt' O`� N z of 6 ‘41 HIt- °T o)i '.. N N � N4 "4 J f �/ p A m +i co I'fz ,'may ,le d d Q N WC 9 W° tl u .O y C y.I y y i O O O° v m o o a + v eaIL A .0 •.a v 'v x be ° G 2 o v, u W ' G y 77 2 0 U' •t y r \: e N o o O .�ri y O ,a y C/� _ 0 c y a. q t 4.1 CE C I �=✓ W O .� F. U O ,4 O c p 'C to t Dn O I u f.lia j T i s O tC 7 a oV 2 a � � oo ' � o �F' m O' O O q W d 'I °' `°' `cd 7 G .. oI 0 Ti W CO CI) N $ 2 '+ b Q OI on aJ V O W O p� w a ' a v� m a iWa •. c� 'J (n .G O U p4 yt a) I ctil',II III d T wie" G iia H O c 5 r Iy�I Q III F,I ao � a A= 04 �°°� 0054 " ' o aG 0;; -▪ 8 2coo � alig > E o ' 't a) y I� NO niE .0 !' Ni d o "° La u 5,ES c).(1 4-1 m W , tl..l h = V W O C O '� 3 b ° s v] o - _ .i a ° tR U ae O O wr � 3 � U b A W HIsk � ga v -5O - t. M I e � , . I 0 403 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402(02/991 STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver,Colorado 80261 SIMON CORP SIMON'S BAR & GRILL 3815 HWY 119 LONGMONT CO 80504 ALCOHOL BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 14-45941-0000 03 206 722110 C 053002 MAY 29, 2003 Type Name and Description of License Fee 1970 HOTEL AND RESTAURANT $ 75.00 LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOTAL FEEIS) $ 500.00 This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12, Articles 46 or 47, CRS 1973. as amended. This license is nontransferable and shall be conspicuously posted in the place above described.This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street,Denver,CO 80261. In testimony whereof,I have hereunto set my hand.! L VI MAY 3 12002 Division Director Executive Director DR 8404(06/00) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 00261 OR 3.2%FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION ❑ NEW LICENSE Et TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR MID BEER COOE(Call 303-3214164) 00 NOT WRITE IN THIS SPACE 1. � l Applicant is applying as a ❑ Individual Et Corporation ❑ Limited Liability Company ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) 5 Association or Other 2. Name of Applicant(s) If partnership,list partners names(at least two);if corporation,name of corporation Fein Number Se1/774 Ai Ca RP trel- it,c3$g2 2a.Trade Name of Establishment(DBA) r Slate Sales Tax No. Business Telephone Si/lie 4.p'S 8/1-e * Cr glZc. 7rf-464CQ-0000 (303) 6-re-9ioc 3. Address of Premises(specify exact location of premises) 3P7S A/w/ i79 City Lo A.74 m aNT' County 44..7(i CO ZIP Code Co Fa Sa,e 4. Mailing Address (Number and Street) City or Town Stale ZIP Code SAline 5. If the premises currently have a liquor or beer license,you MUST answer the following questions; Present Trade Name of Establishment(BRA) Present Stale License No Present Class of License Present Expiration Date Seine a''S 54g. S he lcL O121-b?5`19-O0- O3 -2ST- 02 11A9 SECTION A Nonrefundable APPLICATION FEES LIAf SECTION D LIQUOR LICENSE FEES 2300 O Application Fee for New License 850.00 1940 O Retail Liquor Store License(city) $202.50 2900 O Application Fee-New License Concurrent Review....950.00 1940 ❑ Retail Liquor Store License(county) 287.50 2310 L�AppFration Fee for Transfer of Ownership 850.00 1950 O Liquor Licensed Drugstore (city) 202.50 SECTION B 3.2%BEER LICENSE FEES 1950 O Liquor Licensed Drugstore (county) 287.50 2121 O Retail 3.2%Deer On Premises-(city) $71.25 1960 O Beer B Wine License (city) 326.25 2121 O Retail 3.2%Beer On Premises-(county) 92.50 1960 0Beer&Wine License (county) 411.25 2122 O Retail 3.2%Beer Off Premises-(city) 71.25 1970 1B H 8 R License city county 475.00 O 2122 O Retail 3.2%Beer 00 Premises-(county) 92.50 1980 H 8 R License w/opt Prem city ❑county 475.00 2123 O Retail 3.2%Beer On/Off Premises-(city) 71.25 1-90 Club License city county 283.75 2123 O Retail 3.2%Beer On/Off Premises-(county) 92.50 2010 0Tavern License SUN county 475.00 2020 ❑Arts License O city ❑county 283.75 SECTION C RELATED FEES AND PERMTfS 2030 O Racetrack License city ❑county 475.00 1985-100(999)0 Addition of related Facility Permits to existing 2040. O Optional Premises License ❑city ❑county 475.00 Resort Complex license 1905 O Retail Gaming Tavern Lie Day ❑county........475,00 $50.00 x Total Fee 1975 O Brew-Pub License 725.00 2210.100(999)D Retail Warehouse Storage Permit $75.00 doss O Resort Complex License 475.00 1960-100(999)❑Addition of Optional Premises to existing hotel/restaurant 575.90 x Total Fee No Fee❑3.2%Beer On/Off Premises Only Delivery Permit ❑HIR-Tavern Managers Registration $75.00 No Fee O Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type Leman Account Number Liability Date stoma issued TNouph (Expiration Dn a) FROM TD State City County Managers Reg -750(999) 2180-100(999) 2190.100(999) -750(999) 4..F,d r.tees. Cab Tw. uo... TOTAL 2300-100 2310-100 (999) (999) A 2002-1289 LcUoµ4 oR8404106100) Paget 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 oftheapplicant exactly.All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED,PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION ❑ A. Applicant/Licensee identified. ❑ B. State sales tax license number listed or applied for at time of application. ❑ C. License type or other transaction identified. ❑ D. Return originals to local authority. ❑ E. Additional information may be required by the local licensing authority. It. DIAGRAM OF THE PREMISES ❑ A. No larger than 8 1/21X it'. ❑ 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. ❑ 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 D'A. Individual History Record(s)(Form DR 84041). ❑ B. Fingerprints taken and submitted to local authority.(State authority for master file applicants.) ❑ C. Purchase agreement,stock transfer agreement and or authorization to transfer license. ❑ D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION(If Applicable) RI A. Certificate of Incorporation(and/or) Z B. Certificate of Good Standing if incorporated more than 2 years ago. El C. Certificate of Authorization if foreign corporation. SEI D. List of officers,directors and stockholders of parent corporation(designate 1 person as'principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION(H Applicable) ❑ A. Partnership Agreement(general or limited).Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(If Applicable) ❑ A. Copy of articles of organization(date stamped by Colorado Secretary of Stales Office). ❑ e. Copy of operating agreement. ❑ C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record(DR 8404-I). DR 6404(06/00) Page 3 8. 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? D Er 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 Scenes? ❑ 2Y (b) had an alcoholic beverage license suspended or revoked? O E' (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? [ Q' 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 preceang two years?If'yes?explain in detail. O Er lib. Has a 3_2 beer license for the premises to be licensed been denied within the preceding one year?If'yes,'explain in detail. ❑ Er 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,d 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 O [" currant financial interest in said business including any bans lc 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 dale that this license will be issued by virtue of ownership,lease or other arrangement? O O O Ownership GI-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 , / nanl rea i',0420414 s &le d c„e,� < hip a— 4-14741 (gru,b de Attach a diagram and outline the area to be licensed(including dimensions)which shows the bars,brewery,walls,partitions,entrances,exits cr 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) ors-ONf 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 AfON� Attach copies of all notes and security instruments,and any written agreement,or details of any oral agreement.by which any person(including partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume, profit,sales,giving of advice or consultation, 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. ❑ Number of separate Optional Premises areas requested. 14. Liquor Licensed Drug Store applicants,answer the following. (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No Pharmacy?COPY MUST BE ATTACHED. O ❑ Is. 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 O ❑ not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is ❑ O 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) 18. 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 (II this is an application for a Hotel, Date of Birth Restaurant or Tavern License,the manager must also submit an Individual History Record(DR 8404-I). 17b.Does this manager act as the manager of,or have a financial interest in,any other liquor Yes No licensed establishment in the Slate of Colorado? If yes,provide name,type of license and account number. O O 18. Tex Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, Yes No directors,stockholders.members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial interest in 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. DRB404(o6/0o) Page4 19. If applicant is a corporation,partnership.association or a limited liability company,II 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 fingerpnnt cards to their local licensing authority. NAME HOME ADDRESS,CITY&STATE DTEBIRTH HAK ISc-2 F POSITION %OWNED ,�yU �/4f3 Cft/ C'/•C 20. Has the Applicant provided.or does the applicant intend to provide their staff with server training. '3 No Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) ❑ Cert.of Auth.(if a foreign corp.) ❑PARTNERSHIP ❑Partnership Agreement(General or Limited) ❑Husband and Wife partnership(no written agreement) ❑LIMITED LIABILITY COMPANY ❑Articles of Organization ❑ Cart.of Authority(if foreign company) ❑ Operating Agent. ❑ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(if applicable) Address for Service OATH OF APPLICANT I declare under penalty of perjury in the second degree That this application and all attachments are true,ovnect and complete to the best of my knowledge.I also acknowledge that it Is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Si ure Title Date • REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY(CITY/COUNTY) Date application filed with local authority Dale of local authority hearing(for new license applicants;cannot be less than 30 days s from date of-a application 12.17-311(1))C.R.S. 43-/5�r�SOoa. Each person required to Rte DR 0404-1: Yes No a.Has been tingarprinted - O Background kwastgaton and NCIC and CCIC theckfar outstandng warrants conducted ❑ ❑ c.The boat authority has already conducted,or Intends to conduct,a premee inspection to insure that the applicants 0 0 in compliance with,end aware of,aqua code provisions affecting their class of license. If not,does the authority want the state to conduct such an inspection. Iu.sa d'nspwsion) 0 0 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 or47,C,R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for Telephone Number 5 TOWN,CITY ❑ 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 andthe 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. AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Appli ant are: ✓/� Paid in full. There are no outstanding accounts with any Colorado Wholesalers. Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: Licensee _Applicant Applicant will assume full responsibility for payment of the outstanding accounts as listed above. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. Dated this .//day of )lid-4--CL, , 200 y Li ensee(Seller) ate p icant (Buyer) Date 1 OS MOW J. !9R AND Cart • / NJ!!t 1351. P�I 9OUET ROOn «VAsa Tx_ u6N 24. amylase o^ y x°. COOurE II H 65'9" s^_ I054, 13lD / \ I Il�fl 9(0</33 05/39/2901 22:25 3937451438 MYONG LEE PAGE @1 crY ARTICLES OF INCORPORATION Form 7.102.102.1 ravine 111312000 Filing fee:$50.00 This document must be typed or machine printed. I f more space is required,continue on attached 8'R'x I I"sheet(s), Deliver 2 copies to; Colorado Secretary of State,Business Division, 1560 Broadway.Suite 200,Denver,CO 80202.5169 Please include a typed or machine printed,selfaddressed,envelope. For filing requirements,see§§7-90-30I and 7-102-102,Colorado Revised Statutes For more information,see the Citizen's Guide to the-Business Division on our Web site,Mtp://www.socatate.co.us Questions'Contact the Business Division: voice 303 894 2251,fax 303 894 2242 or e•mai( sos.business@atate.co,us +5Jve SPACE son orrice ,,., ON, The undersigned,acting as the incorporator of a corporation for profit pursuant to § 7-l02-102, Colorado Revised Statutes(C.R.S.),delivers these Articles of Incorporation to the Colorado Secretary of State for filing,and states as follows: 1. The entity name of the corporation is: SIMON CORPORAT TQN The entity name of a corporation must contain the term "corporation", "incorporated". "Company" or"limiter or an ubbreviallon of any of these terms,)7.90-601(3)(a). CR.S. 2. The total number of shares that the corporation is authorized to issue is 1 0.000 shares of common stock. 3. The street address of the corporation's initial registered office and the name of its initial registered agent at that office are; Street Address!must be a street or other physical address in Colorado) 3615 HWY 119 LONGMONT, rnRD5nd If mail is undeliverable so this address,ALSO include a post office box address: ; Name SIMON RYU 4 The address of the corporation's initial principal office is: 3815 HWY 119 LONGMONT. CO 80504 5. The name and address of the incorporator is: Name SIMON nvst Address 2143 ]iACXBERRY CTR r.n2ga7anhrT CO 80401 6. The undersigned consents to appiifrt Me corporation's initial registered agent: Registered Agent Signer's Name-printed SIMON RYLI (individual's signature) 7. The address to which the Secretary of State may send a copy of this document upon completion of filing(or to which the Secretary of State may return this document if filing is refused)is: 1815 WWII 119 LODJcMQI1T, CO 805O4 Incorporator SrMnN pvU Signer's Name-printed SIMON RYU (individual's signature) OPTIONAL.The electronic mail and/or Internet address for this entity is/are: e-mail Web site The Colorado Secretary of State may contact the following authorized person regarding this document: name address voice 803 vs 9190 fat, 303-678-9200 a-mail won,,,,4 ,W,u/iu,i yyP, 'u,v,,a,i,, 4rt"q,,,ref„p.m mean nNwuW,J W...n.W. IW,M,na,,,Y,sI,si.,a,n W.4,Ww„M,/,IWN4Y.n e,noea.,ann, Aa,,,,w,a,ep...v„up ..W bon pa Mona.n„Iw„,Ins. 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;all 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) 3r C-,,.. ' •— — 2.Your Full Name(last,first,middle) 3.Also Known As(maiden name/nickname,etc.) ,a2>/v, 6 fmo Sr — mac;) y� 4.Mailing Address(if different from residence) Home Telephone / 3 /f.4G/<(SE're le aivdjm u.Rl7 CO FOS"off (30 ) 67 — 17S-S- _n 5.Residence Address(street and number,city,ilate,ZIP) / 4(3 6EI /2 y C Ali' cc) cr4.5 )/ 6.Date of Birth Place 6f Birth 7.U.S.Citizen? OG'T. . !4i 1 �.v C/O/J . t<e)rC ,�¢ Pi` es No If Naturalized,state where When Name of U.S.District Court / ,q )f7/V1 X �� 9- /7-- f Z .brst ,4 ercl- �� 'rr N? Naturalization Certificate Number Date of Ce ificate II an Men,Give Alien's Registration Card Number Permanent Residence Card Number /% f //7A2— 8.Height Weight Hair Color Eye Color Sex Race 9,—.Do You Have a current Driver's License?If yes,give number,&state ,. $"/I / �'chc,� e,�.,, : LC .45,4'4.-j R es n No 10.Name of Present Employer 11.Type of Business or Employment r 5.i/11 CA/ Co,eP gt-CDAV .+.vT #- BA - 12.Address of Business Where Employed(street number,city,state,ZIP) Business Telephone 381 S Kw I //rj' L,D/L1jrnawT" Cv r asa (343) ,e f'/o1° 13.Present Position tpzEs7d � 14.Marital Status 15.Name of Spouse(include maiden name if applicable) �,4-A-,c r E G-e4 r,�N y,4.ti4 iexci 16.Spouse's Date of Birth Spouse's Place of Birth l / 5EGc);— 17.Spouse's'residence address,if different than yours(street and number,city,state,ZIP) S�rnE 18.Spouse's Present Employer Occupation 19.Address of Spouse's Present re � Employer l _ 3g/J //AA/ /I' C�-�.tic{jv�rc4A-- O 62-614—U 20. List the name(s)of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER s/meet) 3//t- Hf'`J y L ANc-f,e1-v4^ 1 , Ryc1 t-lt • Ar'f w 21.Do you now,or have you ever held a State of Colorado Liquor or Beer License,or loaned money,furniture,fixtures,equipment or inventory,to any Colorado Liquor or Beer Licensee?If yes,answer in detail ❑ Yes gtlo CONTINUED ON REVERSE SIDE DR 8404-1(2/94) Page 2 22.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court?(Do not include traffic violations,unless they resulted in suspension or revocation of your driver's license,or you were convicted of driving under the influence of drugs or alcoholic beverages.)If yes, explain in detail. ❑ Yes .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.?It yes,explain in detail. ❑ Yes ZNo 24.Military Service(branch) From To Serial Number Type of Discharge S . A-o/n y 61,4/y7y 25. / List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY,STATE,ZIP FROM TO 1 1/3 A/Aci igcr2-/e y / ` z „,e7m,A:T, Cd (F04-c2/ C33/oO �i 6'5'riv7' 37 t5AX t. co V�S (-1/ t?/`98 o e,c, .z.4.19 Xed44;4—e CT f exsrfi_a t AL-4-F/ . ci4 Cfl t.S 4 D/J 7 a/1yc? 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS(STREET,NUMBER,CITY, STATE,ZIP) POSITION HELD FROM TO • 27.What is your relationship to the applicant?(sole owner,partner,corporate officer,director,stockholder,member or manager) 28.It stockholder,number of shares owned beneficially or of record Percent of outstanding stock owned 5; pc," S-O 29.It partner,state whether ❑ General ❑ Limited Percent of Partnership Owned If Limited Liability Company(percent owned) 30.Total amount you will invest in this business,including notes,loans,cash,services or equipment,and operating capital.(Reg.46-106.1 and Reg.47.107.1) Amount$ 31. t Identify the sources of ail funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account.(Attach copies of all your notes or loans used in or for this business.) Amounts Sources- Account Numbers Names on accounts or person who can sign on this account Oath of Applicant !declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signatur Title Date - /00‘)E-s,o ,(.r Judie Shedlln. 31 .Cef thand Canyon `Boulder. Co. 8O3O2 January 26, 1998 'to `Whom it May Concern: J have recently had the pleasure to meet air. Simon ¶Pyu and have taken the opportunity to work with him as well as for him. JKr. '12yu is a man with a strong moral character and S have no doubt he will prove to play an integral part in our community. Simnel. . 7e, hedlin 99v33 Wren, Zoe* Seta .3.575g109, 119 .dasetiomat, es, 70564 llanaany 31, 1991 a: salon 4 aeaaeaae 7e Wan flit* eonean: As tke fttt rtetot 4 de Del taweao 7aavelsdge 9 leave come to know and'zeoeeet ilia Stoma as as a aannt4 ma 44 4.4(metal valets as well ad akewiag a atwny and etest dnstneaa aenae, 714. Rqa is a 4414,ranunfed and taaatraa'et4 Jutiwon we 9 dehene sea fv+oue to de a adatantlal aaaet to kta eanearaanity. SL teat 4, _ ien � Lc� ifiAdrz, . . no;San 9 Svg33 rascal, KW 19464 Yusna 9%ee( €atho %%alle�r, 'a 94546' January 29, 1998 To Whom It May Concern, This letter serves as a letter of recommendation for Mr. Simon Rya of 1237 Baker Street,Longmont, CO 80501. I have known him in excess of 10 years since his tenure with the United States military in areas which I believe involved highly sensitive matters of National Security. My latest association with him during his recent residence in California has further affirmed the same assessment of his character with that of our Government's to be that of an honest, trustworthy and responsible individual with good values and high integrity. He has very strong family values and would undoubtedly be an asset to his community. Sincerely, Timothy ' 9T933 DR 8404-1(02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant,all general partners of a partnership,ail limited partners owning 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;all 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) •S'//114O.v C o.e f /4 2-oa4. 2.Your Full Name(last,first,middle) 3.Also Known As(maiden name/nickname.etc.) �y,v, r/Nhet- z,1riHy4N 4.Mailing Address(if different from residence) Home Telephone Some (303) e7'e - -7pp 5.Residence Address(street and number,city,state.ZIP) 9/513 f-/.4 c,r,QE4a'S/ C/e . LO, ,,tio.vT e o 1'o.3-c2/ 6.Date of Birth Place of Birth 7.U.S.Citizen? 22-Ay /7, /963 , �S oci, Yes ❑ No If Naturalized,state where When Name of U.S.District Court 16^10/0!c, . 1/4(4)/1 /f oS/o /190 , f5+Rt er C Naturalization Certificate Number Date of Certificate If an Alien,Give Alien's Registration Card Number Permanent Residence Card Number / t V4//Qc 8.Height Weight Hair Color Eye Color Sex Race 9.O9.You Have a current Driver's License?If yes,give number,&state 4'3 " /©57-,Z &&44A &o 'A' 4--s/4.v yI Yes ❑ No 10.Name of Present Employer 11.Type of Business or Employment e ) C D,e/c' Re_ rr+‘..)R-4,•.'r 4' 6'4/2- 12.Address of Business Where Employed(street number,city,state,ZIP) Business Telephone 3 fu'/.5- //Ail /*/. ) G cA16y '1G -q; cfpd. fr-e. ` (3c 3) 67W-- i2/G 13.Present Position 14.Marital Status 15.Name of Spouse(include maiden name if applicable) r rl o.v i2,V v 16.Spouse's Date of Birth Spouse's Place of Birth 17.Spouse's residence address,if different than yours(street and number,city,state,ZIP) 54"97 18.Spouse's Present Employer Occupation S/.7►o i Ce,�2P pe srD�.v7- 19.Address of Spouse's Present Employer 3 e/r /GL9/. (./9 ,. Z>it��J19 civ77 p oPeIS'e 20. List the name(s)of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU 'POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER Allitit5:errs,,. .5eu //05b i 3- /Me. co,C' 45. l i g () 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, any to Colorado Liquor or Beer Licensee?If yes,answer in detailq ❑ Yes O o CONTINUED ON REVERSE SIDE DR 8404-I(2/94) Page 2 22.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court?(Do not include traffic violations,unless they resulted in suspension or revocation of your driver's license,or you were convicted of driving under the influence of drugs or alcoholic beverages.)If yes, explain in detail. ❑ Yes LJ 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 24.Military Service(branch) From To Serial Number I Type of Discharge o 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY,STATE,ZIP - FROM TO d/474 3 /4/4-cKe j/ C l Lv^/U,m 'T T. c a , jz S / q3/vQ p j- /_2 3 7 64-K - - 7- L em-/E,, 4' T C v �'t5Sz/ 4,/./9(P 03/ex: :3441.0 -Dcd,)o D CT APB'/ C1-c;en Y441- y. CA 9'g1-d azl 97 0/9,- 26. List all former employers or businesses engaged in within the last five years.(Attach separate sheet if necessary.) NAME OF&IPLOYSFI ADDRESS(STREET,NUMBER,CITY,STATE,ZIP) POSITION HELD FROM TO /ry7p'v 'S 4e. s'r — 5,..-rf 4") '4i Coiei° 3d/ST Hw r/ i!?�.0.� crt y 46,",,,,-)7:i (6' cPas a y Q2/97f' "9k-% 27.What is your relationship to the applicant?(sole owner,partner,corporate officer,director,stockholder,member or manager) 5Tec A-A,46,izr- 28.If stockholder,number of shares owned beneficially or of record I Percent of outstanding stock owned 00 5--e, la 29. If partner,state whether ❑ General ❑ Limited Percent of Partnership Owned If Limited Liability Company(percent owned) 30.Total amount you will invest in this business,including notes,loans,cash,services or equipment,and operating capital.(Reg.46-106.1 and Reg.47-107.1) Amount$ 31. 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 all persons authorized to sign on, or who are part owners of said account.(Attach copies of all your notes or loans used in or for this business.) Amounts Sources -Account Numbers Names on accounts or person who can sign on this account Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct,and complete to the best of my knowledge. Authorized Signature��j �"f Title Date? ,L Character Reference March 6, 2002 Re: Angela Ryu To Whom It May Concern, I have known Angela Ryu for almost twenty years. Her loyal and honest character is the reason our friendship has survived this far. There isn't any doubt in my mind that she is of the highest moral character. During our friendship, I have never witnessed a single immoral act. Her family will readily agree that she is the greatest mother and wife, and the reason behind their happy family life. She definitely has my utmost respect and I regard her very highly as one of the best person to have in one's life. If you need further information, please contact me at (510)886-8609. Sincerely, ena Liew g .racari eralidar 3815 Highway 119 Longmont, CO 80504 Phone : (303) 776-8700 March 13, 2002 Dept of Revenue Liquor License Dear whom it may concern, I have met Mrs. Angela I. Ryu when we bought this Travelodge of Longmont in August 2001 as Tenant and Landlord. Mrs. Ryu has been very hard working individual and seems to be very high moral person. Since we have met, she always showed me a very kind personality even after hard day of working. She has no violation of laws, not even a speeding ticket, that she is a highly moral character. She is also a very good mother of two children who are doing very well at the Longs Peak Middle School. If you have any questions,please call me at the above mentioned phone number. Sincerely, Signature MELISSA J. BROWN 4969 WELD COUNTY ROAD 24 LONGMONT, CO 80504 Phone : (303)618-3550 March 14,2002 Dear Whom it may concern, I have worked for and with Angela I. Ryu for over three years. I consider her a lady with high morals and good character. Angela and I work together on a daily basis. She works very hard making sure things are done the right way. She is very prompt and punctual, and is an asset to the company. Angela also raises peoples' spirits within the Company. She is extremely personable, and is kind to people.Angela does her best to make the workplace a pleasurable environment. Angela I. Ryu is an example of what any person should try to be,both in and outside of the workplace. Sincerely, / V �Ft1SSLt -3 Rb\61N Signature FROM : ACE INTL MARKETING PHONE NO. : 510 3B2+0800 Mar. 15 2002 11:30RM P2 BUSINESS SUB-LEASE This mace,made awl entered Imo this 192 day of Scmemba 2.li 11].._,Ulnae Simon Rye ._.. ,hereinafter celled the "Lessor,"and Simon Corp ,hereinafter ailed the"Lures" WITNESSED*THAT; I, Definition of Terms Whenever the words"Laser"and"Lessee"axe used this Indenture,they Mel include lessor and Levee and shall apply to persons,both max and wamen,companies,onparmaabipa and corporations,and in reading said mtksmre,the necessary grammatical changes required to mike the provisions hereof man and apply as atbresaid shall be made'S the same mamier as If written Into said indenture. t i 2. Leased Prmnnisse: In consideration of the payment of the rent hcrcinfer provided,end the keeping and perfamanoe of each of the covens and ageshemts of the said Lenox hereinafter set forth,said Lessor has and does busby lease unto the said Lessen the flowing described premises,emnese in to City of_JAItg „Conty of Weld and State of Colorado to wit Shaan'sBarBthin . .. . . 3815 Highway 119 Longmont,CO 80304 Leaser agretmgto remodel and prepare said premise lhr ocapanay by the Lame In aceordanoe wi h the provisions of de plans and/or epecifations attached hereto as Exhibits"A"."B"and"C"respectively. 3. term of Lease and Minimum Renee: To have and to hold the same unto the said Lessee for a tam of_I, commencing at 12:00 o'clock on the is day of ,Js bas 200,1___,and expiring at 12:00 o'clock on the 31st day of December 200?_.,irex minimum rand is do Bail term atbrsaid efts nun of Thirty Two thousand Five hundred($_3;,7,44,41!.._)Dollars payable in monthly installments of Two Thousand Five Hmndred (S 2,500 00 ) Dollars per month in advance en or beta 12:00&clock noon on the fest day of each alendar month dmiog the mid tam at the office of Simon's Bar&Oda or at such other place as the Lessor may designam,Item time to time,in writing. . . 4, Security Deposit N/A 5. Isxcc'a(seneral Agreements: For and hi consideration of the leasing of said premises altraa14 the Lessee does covenant and agree u MOWS.tent: To pay the rent for said premises haohrhove provided pmmpdy when da sad payable;to pay all aaaamanb Sr water,rents and sewer tharga levied against and premises and all charges for heating.cooling and Means mid premise;to pay all c armrs1hr telephone ima1latioe:to keep all improvements upon said premises,including all seer connections,plumbing,bating and cooling apps wiring and glee,in good order and repair and to replace anon as the need alas atthe expense of said Luse; to order no repairs at the offs oftheLessor,and, at the expiration of this lea to surrender and deliver up said prism in us good order and condition as when the era were entered upon,loot by fore,inevitable accident or ordinary wear cremated;to use said premises for ao purposes prohibited by the oedema=of the City of Lo_namom ,,,or the County of Weld or by the laws of the United Sates or the Sete of now aline.tee or hereinafter exacted;and for no improper of querelonable purpose whatsoever:to keep the redowalks in front and surrounding said premises tea tont It,din,debris,mow,ice,water or otsaruetioa;to keep and premises clan and in the sanitary condition required by the ordinances and the health,anSy and police regulation of the City of Longmont and/or Comity of Weld or any other pol Weal subdivision having)uriwidlen ova same;to keep the interior of the premises such as the windows,floors,walls,doors,show eyes and fleuree clash and neat hi appearance;to remove all trash end debris which may be found In or around the leased premiw:to neither permit nor silk anydsaorddy coatt,noise,or nuisance about said praxises bevieg a tendency so annoy or disturb any parson occupying adjacent premuas,and to commit no waste on the lea:premise to xcAlna permit oar suffer aid pnmtiaa,or the walls or doors thane,tobe endangered by overloading;to permit the Lessor to piaaa For Ram need upon said premises at any time sixty(60)days before the end of the Wee to meander and deliver up the pos tai of add premises promptly at too arphatux of this lease,or,in ease oftermination ofthtslsese on=Own ore breath in the keeping of ern ono or more of the covenants or agreements hereof,upon three(3)days'notice. 6. Failure ofTeant to Mainain Promises: If Lessee retina or neglects to repair or maintain the premises,as required hereunder,to the reasonable sati Actio'of ISM Loon ee reasonably possible after written demand,Leer may make such repairs without liability to the Lame for any loss a damage that may atxhve to Lc gee's merchandise,fixtures or other property,or to Lease's business by mason thereof,and upon completion that lessee shell pay Lessor's mat fa making such repairs upon presentation of a bill therefor. 7. Indemnity Agreement Is agrees to net hold nor attempt to hold the Lector liable for any kpuay or damage,either proximate or sans occurring through or caused by any repairs,ahaallom,injury or accident to die above&scriba lmonies,to adjacent promises or other of ice above mend=not herein demised.or by mason of the negligence or dratrh oldie owner.or occupants thereof.or any pence,or liable ibr any injury or damage occasioned by defcUwMenne wiring,or the breakin heis g, ting,stoppage or leaking resulting from feting or FROM : RCE INTL MARKETING PI-O'E NO. : 510 382+0800 Mar. 15 aara 11:31RM P3 otherwise crony part of the plumbing.air conditioning,hating,dry control sprinkler systems or gee,sewer or steam pipes:end Legacy tvi)) save and hold harmless the Lean from all lots aspens damage or injury to perms or properly arising Dom of occurring by ramie aides mwpetiorr or ode of the leased premises,ave end except only such lass or Mfuries arising Of(kenning by any set of omisabn of the Lester. The teater shall not be liable for any damage to property of the lose or of ethers located on the lased premises,nor fir the loan of or damage to any properly oft as or of others by theft or otherwise. All proptrry of Lasco kept or stored on the lwodpneaiw mall be so kept or sowed at the risk oMasaeonly,and lessee shall hold termshatmbs from any claims arising oar to dente the aama. S. Repairs to die Promise' T teen it:r Dhip ill mats to the annual wails and the roof of aid lased premises shall be its obligation,exapt that Lessor shall helve no any or sinks to repair any damage caused by the Lena or lm Legre'a employuus Lace,aka mar Law;,hi with%of any rapahs or maintenss to said structural walk or roof which may be required,end Lessor shall have a reasonable time to make such repairs Lessor agent that all other Saks to and maintenance of said peaks,Including but of limited to intake'was,dooft Blasi and blacktop.shall be the obligation and respendbility of the Lassa 9. Right of Entry,Chaos WA Additions to Buildings: Last hereby expressly reserves the right,dying nasal burins hours,to enter only the leased pads lbr is purpose orwpe slat, seals,alaaadoos,Improvements and additions to the kneed prorates or the building of which ft least Laser also expressly reserves the right to add excselons or alterati®s to tMe fisting building. Lease shall not,however,ennead for or make any alterations,addition, cctauiam or construction of any Idnd to the lease premiss unless exxpreaiy approved by the Lessor io writhtg. I o. Character of Cootapsney: The leased premises shall be teed and accepted oaiy a_, 11. Ins The I=fisher agrees to provide poble labhiy b ittnaawith bodily injury limits of not lw than S 1000A00.00 per pats S 1.000.000.00 per oocmnmoe and property damage inafrase with llama of not less than S. 1 000 000.00 per oauneaoa, S 1.000.000.011 per agptgete,vrrina with a company having a Rat's key rating of A+ SA+and shall same Lora or t4 emigre under said Sannco policy as additional insureds. Lass shag Banish to Leese a stifles of Insurance Skating that aid policy Is in dill Wrce and efkan,that Learn has boa named as an additional lamed and that said policy will not be canned unless tea(10)days' prior written notice of the proposed cancellation has ham given tots. 12. Signs: No signs or advertisements shall be plated or printed upon is oumrwalc.doas,whitlows,cleft land aura of the demised Scones, except those signs and locations as the Lessor shall approve hi writing prior to installation. 13. Rencennnt ofeulldkrg: In the even the demised premises ora ponkm thereof shall become unleunuable on account of damage by fire,as ofGod,or ether casualty,lessor shall be gin the option to onset the deficiency or condition which shall rain the anises unsalable, Withint n (I0)days after receipt of written notice Dom Lessee as to the damage to the property,law shall 110*Lessee in writing as to whether or not it elects to repair the tuna IL m the opinion of the Lessor,float oat doable to repair or rebuild die an o.than,and in Oat wan;the Lamar shall have die right to animate this tars. In to evert Luau e4eatto mask1ald premises,it Mail have one hundred(100)days tom the date of its notice to Lessee to offset such sets. During the period tom tens receipt awake kin Lessee of dames to des demised parolees until said premises are restored to their prior condition and possession thereof gives m Levee,dm rear shall abate'spoil 0ie portion of the pettias Mat It unaacntaba,mean that if the premises become smteinnablo due to the suit a of die Lam or its agents or employees,the ran tag continue ht till fra c and affect and shall net tibia Lessor shall rot in any caw ha labs dr any lose of profits or insane ocauioned to Lease during sod%period. In the evert mid repair has nos bee completed within the period specified.** Leas may have the option to anal the lase. if either the Lessor or the Lessee terminates this lease as above provided in this p nt grapk any monies due and owing to the Lessor Ghat date shall be paid by die lessee to the at dam dal=vacates said promises, and AVOW obligations on the pan of both parties hereto dal case and Lessor stall Inter no obligation Sabocver from the animation of said leap. 14, Holdover A.gtees ent If,after the exyealion of the tam of this lease,lessee shall resin in sat Mtn demised premise(end tensest to pay rea without any apnea written agreement a to soon holding ova,then such bolding ova shall as deemed and taken to bee balding over upon a tenanW'from month to month real equivalent to the minimum roost haalaabove as Dinh,such payments to be made as hereimbeare provided. In the event of such holding over,ell the terms of the lease es herein set out are to amain in full fray and etfmt on said months month bass 15. $ank51ptey: It Is Dsnha sped between rho ponies haste that,ifthe Lase be declared Solvent orbankrupt,or if any afipmatoftas Lasses property shall be made kr is benefit of the creditors oralhaWise.or if the Lmae's leasehold intern herein shell be levied upon ande execution,oraeimd by virtue of any write of say court of law,ora trustee in bankntpley.art receiverby appealed the thepmpky lithe Lwte,Mather under operation of the Saes or the Sal attain dam and hi any schwa,die Lan may,at its option.Inm edidely, with or without notice(notice being expressly lived),termiate this lease and immediately eke possession of said proms without the same working any thrafture oft obligations of t Lame hereunder. FROM : ACE INTL MARKETING PHONE NO. : 510 382+0800 Mar. 15 2802 11:32AM P4 16. Subediaden: Lessee agrees that this tease is and shall be,at all times,subj.a and subordinate to One lien of any matpge which Lam or its ridge shall make miming said premise and to any and all advances to be made thereunder and to the lamest thereon;Provided,however,the rgerdlesa of any default wma any mortgages or any pueeeilon a tale of mid premises under such moelgagab to long ie lance performs all coueaadb and conditions of this lease and continues to pay rent to whomsoever may be lawfully added to tine,this lam and Lesnse's possession thereunder shall not be disturbed by the mortgagee or anyone dahnieg under or through such mortgage. Lessee egress to execute any and alt is94umade in writing which may be required by Lester to subordinate(.asses rites to thence of such moons. subject to the tams oft his penterapls 17. winded Sweats Within ten(10)days after amt rgsat has been made by Laasm,Lama(and the guarantor.ifaro)MO provide the Leila with the most record financial segments as regard by the law in he tonne of boldnes s&dings on the pronely of which the demised premise =apart. Is. De:auk of Tenant The Laws bather<menace and agrees thal.ifthorent above reamed,or any part thwart doll be in default,or In arm of a breath of any oft&covenants oragree agreements basin,Lessor may ddam this lease mamimsd,and after the expiration of throe(3)days Rom the duo of recut ofsWiec de written notice to that effect,be entitled so t&poaeemion 0 ate premises.Otter by the expiration of this ken or by any t®inadon of said term ashen in provided tbs. If the Lame shag rakseto ammderand derive up the possession of said premiss, at the service of did nonce,then and it that event,the Lacer may,whbat forte notice or demand,enter lam and amities, or my past them(andtskopomsaion thaoofand reposer the same as of the Lessee's former mato,and expel, a end Mkt d Mt the possession the Lessen u�such help,adaana and Iowa in m doing as nay b available l and pauper. uch without T beingis liable ter be proaceadoe or damages that and withwt mojude=to any remedy owed by supplemental to paragraph 44). 19. Vacating During Term: lithe lads scald abandon ornesse the leased promises base the and of the tam of this la or shall suffer the ratmbe in ma the Lessor may at its option and without nodes eras said promises,imam any signs and property ofthe Lena thaedsni.and aid the leased premises or any part thereof as it may sin fit without such reakiog,voiding aenmimdagdna low.and Ibr�Let h,Palm(which shall such be M payable*, the Lessor is authorized to make any repairs or changes hi ate the lard premises,at the scam the Lasser upon demand),as may be necasay ordesirable fir the purpose of such Matt,and ifs mm shall not be realized tom such relation to aged the monthly rental reserved and stipulated herein to be paid by the Las dmame L will pay edit def leoeY aeh moth upon demand t erelbt,and if suit if fled to collect any monies due from the Leese*wider the item,reasonable amormy's ten loll be assessed apart of tlhesddsmen 20. Assignment and Sublddn$t Lase shall not assign or mortgage this tame in whole or in pars nor sublet alt or any pm of the leased pranam without the prier written consent of the Law,and Lessor agrees that suds consent will not be umeesonably withheld. scan the leased terms of �dad not lx releaarc tondo sed s the Lea ,or this lease is assigned or mortgaged, Lame mewill ramie solely .I from the perfe nanoe of any of the tenon covemmts and amditiap contented boob. 21. Lion of Late Lea hereby rams to the Lessor a lien upon all furaimm.fads,equipment,sveoaty,maahmidia and other papaty belmtging to the Lessee and lasted on or within the lead premises at my tint during the lam tam.to Sete the pafim n of the Lama lien in dolor*tette sells obligations under thipurchase price aid dents be prior to any other hen on tend nit Lessor's lien may be mibreclosed n do ardi propany mast e miner me lhrroing t>mtementundadaf such property m Undonth onpeidde'odepries Undo=Commode'Code and common deco Ode State oCCdaado,and the filing of this Lam in aaoadame with theUaibma Commercial Cade and common law oldie Sate of Colorado,and the Ming of this Lease in accordance with the Uniform Commercial Code shall oonatimm full lawful ends of this lien. lithe Lo ealso Iasi a bet on such prepay,or any purlieu thereof by virtue ofa financing......a or any other Inanumad,a by operation oftaw,the lien andarthle Laseshdl be in addition thereto and the tar shag have alternate remedies at is option. 22. SmrcederofPomwsdont Lessee agrees to deliver up and amender to tam pomesamof the leased premises.boludiug all plumbing.wiring,sews connections, gadding fixtures.glass,fixtures,wogs,ceilings,loos,and appurttaanam at the expiration a taminshon of this leaseor any anadon herc4 by apes oftime a otherwise.in as good order and cndUan as when possession was that by the Lase.accepting tidy ordinary woad teat or damage by the elements(occurring without**Suit of theLessee or other pass permitted by the L eean occupy or ceder the lasted premise,;zany part disoof)or by ant of God.Or by boumcioa riot,haulm oravoaten aofmthay a amrped power. tfthttamaeshallfagmrstoreanya$edswhichtheyareentitledtoremovetemsaidpremienuponthetamwtienofthis Idea;or any extension tsmaf,mar any aura whasoner,the Lam at its option.may roman the acme eat mire or diapose of the aid acts,without liability nor loss or damage thereto,and Lwee agrees to pay to Lama on demand any end at expo ieournd in smell removal,uoloding the ad of removal of signs ten the windows,making the promises Ineaatoe sidewalks.soma or alleyways mimosa thereto,ifany,ice item all dirt,titter,debris and obstruction,including court costs,atmrney's bas,storage and banana chines on ma acts for any length of time the ado still be in Me la es poor lion;or the lam,at its option.without notion may ora such at or any of tha n,at private orpublic sale and without legal pons.foe such price or cansidamion as dictator may obtain.and apply the I'KL.M : ACE INTL MARKETING PHONE NO. : 510 382+0800 Mar. 15 2002 11:33f1 P5 proceeds of such sate upon any amounts duo under this lease front the Lessee to the Lessr,and upon the expense incidental to the removing cleaning the premises,all ins said titre and other expanse,rendering the surplus..f arty,to the i se,provided,however,in the wan the proceeds of such sale or.qua ere insufficient to reimburse the Laser,lessee shall pay such deficiency upon dined. 23. Legal Costa and Expenses: Lance agrees to pay Lessor i r all cola and expa'ms,indudhg a rmsooaldc inanity's fee,in any court leen bought by Lanier to recover any ran due and unpaid under the tams berme or for thoteetch of any of the terms and renditions herein omualtaai,or to recover pwxeelon of the led premises,whether or not such et melon or Wiens sltau proceed tojudgment 2e. Notices: All notices,demands,requests or other hrbummts roquired In this team to be given by Lana to Lever shall be sera by cadged or registered null essaa . Annotates, Demands, rat Lena to Lessee Mail ho sent by mantle or registered mall to requests a other ioAntmarts ieted imputed in this lase m be given by tames at _ ... 25. Mechanic's Litilsi The right of the Lessee,or any pence clamming through or ender Leas,to charge any mechanic or maserhimm's tens$r labor or material upon or agatee Lessor's antra!in the darted manna is hereby apply denied. 26. Condemnation of Leased Premises (a) If the man demised pomace,at any time during the term of this lease or oe'ensue thereof Mean he taken by the aerate ofa power of eminent domain,this lase Anil then tormdate an of the date of tido vesting in ac h proceeding,all tenets eau be paid up to that date,and lasses Mau have no claim against Lessor nor thecondeomins authority forte value ofihc unexpired term of this lease. (b) In the event of a partial taking oft the building or more the 25%oftba land ant,which lava the premises tufts fortha normal and proper conduct of the business of the lee,than the Lame shall have the rights cancel and terminate this lereactive upon the actual partial taking,all rentals shall he paid up to that data,and Lease shall have no claim against Lessor oaths condemning authority tb the value of my unexpired tam of this lean lfthes lee doll not be ceneeled ss above provided,it Moil centimic in effect and the mad after such partial taking dolt be that parted the rental heroin agreed to be paid wtieh the value of the untaken put of the premiss,Immediately after the Liking,bean to the value of the entire demised premiss immediately before the taking. If the Laws's use of the premise requires alkta.tiuoo and napalm by reason of a pate tkhhg,the less r may elect to terminate this lease within thirty(30)days age the actual aking;or sm4eot to Lessee's rightoftainSlion above provided,which muse he aurcised in writing within titty(30)days alter such penal taking,may elect to continue it,in which event the Lessor shall make all necessary almdo s and repairs at its=palm width are inquired because of sae partial taking. Undl such antations repairs shell have beenoompleeed,an equhablc abetment of ran shall be made to Lessee Or any paten eftho Premises ma AN occupancy and use in the condom nffesee's business fertile period during which the same is unit for audtomupancy and use. (o) In the event of any oaideinaatlen or adiog as athraaid,whether whole or penal.Lames shall net be entitle to my pan of Sc award paid ihr said cordmnodon:Laser is to receive the full*meet of such award,Lesseebotchy expressly waling any right or claim to any pertiheom: Although all ash damages armeed in the event of any condemnation are to belong stn Laser,whether such damages am awarded as compensation fir diminution hi value oft e leasehold or to the ire of the leased premise.Lame shall have the right to claim and recover from the condemning authority,but not from the Loma,such oompmoulen at may be sepeMdY awarded or recoverable by Lessee iaLessee's cam right on account of soy and ell damage to l.osvm s business by reason of the condemnation and for or on account of any cost er lea to which Lessee might he pat in removing Lessees maahadas,rbm it re, fixtures,leasehold improvements end equipment 27. Waiver The waiver by bet breach of any lam,covaas or modem herein contained sell not be deemed to bee waiver ofamh tans covenant or condition on any subsequent breach of Wm same or any other teat[.covenant or condition herein contained. The subsequent aoospamne afrent heenode'by Loom shall not be blamed to be a waiver of any preceding brads by Lassa of any term oovmmlor condition of this lease,other than the tenure of Lamest pay the particular rental as accepted.regardless oflaaor's knowledge of such preadiug bract at the time ofthe acceptance of ouch rent. No covenant,tam or condition of this le shall be deemed to have beat waived by theLater.unless such waiver be in writing duly executed by the less. 29. Rent not schedule shalt be$2,500.00 per month including utilities and LAM- B. Lessee agreed to pay mash traeval serveaoat of his outs[ eteek C. As long as the lase is valid,Lessee has right to laate if any event.such as sold property,winner to other pay omen. 29. Lasso's Proportionate Share of Cats of Common Area and Facilities: In addition to the real payable psatant to parspaph 3 haaot the Lama dun perm the La er upon demand a propaedoaak sham of the cost of operating and naioaioieg all common aces adAtollides,hnitdtig without limitation an pakhg eras,See a merle, sidewalks,landscaped space and other sass used in common Of available t r ea in comma by tin Lesee er his CUSMOIMS,employee; ages Brother invites. Operating and maintaining such areas and fealties gall include without limitation&mishits exterior end paddle area lighting,cleaning,mw removal,line painting,art of grass shrubs and pant grayness ofwera and sewerage charges and E M.M : RCE I NTL MARKETING PHJt•E NO. : 510 382+0800 Mar. 15 2002 11:34RM P6 genaal maintenance Mad areas and Ihoilitia pity Mod by the t neer drr the common use of die occupants ofthe mi din6.but the repair a .. ropleeematt of any portion of the building or the parking 9d11da apportonam thereto dull be eooluded ton.such operation and maintenance. The term" roportintute shard'as used in this pamgra(et or elsewhere in this lease shall man such @edictal part of the total costs to which said share applies as dm tout square that of floor area occupied by the lac bars to the total equate Thor of MOO* floor area in the baiting 30. (stun to ram taste Wall Max an option to renew the tams of this ism(bran additional five(5)yams.paavidad that lava IS not otherwise in dePoult under say other tonne mad provisions of this lease and farther provided that Laao gives to Lector a wrfaa notice of lax ideation to renew the taros of ibis lam at last=nay(90)days pier to the expiration ofdse original tam of tie lax. Option shall be cooduetod by CoiWme+Price iada. (N WITNESS WIERB .this lase is lnmo vented the day and year St above written. • p ATTEST: - 2� I.easor ...S;',1-11-1,$)rs P.s� 4�" By: _ c5r eras R-.i/ Tab: ales... ATTEST: acre n0,-) Coat/°... Sandy By. JA� �a'f'R�/u 'Tide: Reei t'dt ".- FROM : RCE I NTL MARKETING PHONE NO. : 510 382+0800 May. 09 2002 07;38RM P2 BUSINESS LEASE the a,"made and S hoed lido thin 31 fof�DlMMp ZS .12 between Patrick lmaak Nam hereinafter cried hercine ed the and"I.wsor," Sierra Rv� . r"Lapeer WITNESSETH THAT: 1. Definition of'Teal: whenever the words"Loner"end-Laes a are used this indenture,they seal include Laser aed loose and shall apply to parsons,both m®and women,compares,co-partner men and corpurateaa,and in reading said Indic a.the neceaary pmmmetasl changes required to make the provisions hereof mean lad apply as eformwid shall he madc hi the now manner as If WWI into said Wars 2. Leased Premises: Las consideration of the payment oft rent hereinafter provided,amides keeping andpadxmanee deer oft the ewers and gyeemente of the said Lessee hereinafter Set Sr.seld l.arorhs and does henry lease unto said Lessee the llowirc described premises.donate in die of jaisooar CountyState RmeMolt a end Bar inTravelodge,last,Longmont CenamM&Inn subdivisions,asubdivLdon of Weld County ofCotofdo lessor seeing to remodel and prepare said premises for oceupeiwy by the lease in accordance with the provisiors of the plat Nedra ramifications attached recto as pshibib"A","B"and"C"respectively, 3. Term of Leese and Minimum Rena: To have and to hod the same Mr the said User foreign'of Two ( 2 )Years cosmetician al 12:00 o'dook oath. 1st dsyof January 2001,abde:W inner 12:00o-aloakon the.11flday of December 2tha for the Stamm HOWfor the full farm aforesaid of the aim of Patvtipbt thousand (5411.000.0 Dollars payable in meetly Installments of]aeksed (S )lollarspet moerh In advance ono.hoere12:00o'clock manna the fist day ofeadt calendar month Suingdr said term et the office of3815 ingrain,119,Longmont,CO,50104 orarsuch other piece in the Labor may dsigoste,goo ram to time,in writing. .. Concurrently with the mention of this lest,the Lessee has pad to the Lessor,the receipt of which is hereby acknowledged by Lesser,the mm of (tat)Dollars to bo applied sees payment oft mm from the dam ofowaaney oust the the day ofdn N/A mkceeding calendar month. Any unwed portion of mid amount call be applied prow saint payment order rear fur such J 4suamdag calendar month.and the balance of the rend fir that mono shall be due a the fint day thereof 4. Security Deposit (a) ieaatahereby fisher agrees,at the tine of crag=ofthis lean,to kkyait with the lector the cash sum of Zero (S 0.00 )Dollars as a enmity deposit for the full pMamanoe dfiM lease by tsars,b be resumed to law by the Lenox upon de termination oft tam of said lease,provided Lessee Meat la dethh. Receipt of said security deposit is hereby acknowledged by the Lew and shall be held by IenawMhast htµrev. (b) In the event Lessee shell deSult in the perksmow ofavry of the lint:orpordo=cctovenanb car haloes wee,which delimit shall continue 6r lbw(3)days after ecsl$of neSs dtpaofby Lame,Irmas at it option.may apply said severity dcpmd to the rodent amnia to are such default,Wow shat netts marred to do en,and at ite aMaloi may ate the fa£iutte provision. Law agrees in the evast rid security deposit or any portion thereof it applied by Uwe,cum any dedult of Lessee wider this braining Wm that said Lars will promptly pay to Law en amount earners to restore the egging Seaway deposit in full,and its Muni to do so mall be darned a dcfinitunder die teals ofIbis lease eftreement (c) Lessor shall deliver rho security depositMcinabove described to the purchaser of Lances infest%ih is based Makes 6 the event that inch Stars be sold;and tampon sash partisan shell mane Last's respoaribtiiy with inspect to said deposit. 3. Lara'a OunaalADeepmms For and to aooeidention of the tering of said premises efavmdd,the Leers deg tovasne and agree as Mow;to-wit Topsy die mot for said premises heminabove provided promptly when due and pe d to pay allasseamas for rater,tens and sew charges lavied agars said premises ad ail°harps rot hating cooling and lighting said premise°tow all darer for Mint=heta'adon;to keep all improvements upon mid premises,leduding all rewercompotions,plumbing katnic and rang appliances;Wise and gigs 1m good ceder and spar and to rMbca same ate need WWI at the expense of said Law to order norepeis al the ucpavo Mae Laror,sod, at the expiration of dies lege,to surrender end deliver up said premise in asgood order end condition es when tome was entered upon,loss by Om Imitable atcdets or ordinary wits repeptod;.to.usesaid Iranian for no purposes prohibited by the ordnance.of the City of lmoment orris County of Weld or by the laws of the United Sates or the Swot' Coked* now in lbw or hereinafter mad;and Sr no improper or questionable purpose whatsoever,to keep the sidrwat s is Coat and surrounding mid premise am tom Iona,din,dabs is,snow,ice,ester or ok tucSue loksp said weirs Wm and to the sanitary conditions'squired byte ordisanoca and the health,seamy and polio regulations ofdr City of Laswnas anger Camay of Weld ,or any other political subdivision havhtg judrdkdon over ms;to kap the interior ofthe premiss such as the windows,tour•wejs,doe,armors mid fitmes der and neat in appestats to reman all trash end debris which may be!pled in or emend the limed promises to neither paste nor suffer any disorderly conduct,noise,ernomner about said prautrshaving a Mildew to emir a dbanb any Pam= occupyieg aQ can pianism.and to await no was en the lease premha5 to neither permit nor suffix said premises.a the or Sean thereof,to be endangered by ovalundieg to permit the Lassos place a Pa is am iron said psmisos at any tine Sty(60) aye h four the end of OS lase;to surrender end deliver up the possession of said premises promptly at the erpkadon of this lamp,or.le FROM : ACE I NTL MARKETING PHONE NO. : 510 382+0800 May. 09 2602 07:4941 P3 as of termination*fins lease on account of a breech in the keeping or any one or more of the coyotes a e@eements threat upon three (3)days notice. 6. Failure of Tenant to Maintain Premien: If Lome names or neglects w repair or maintain the premises,as required hereunder,to the resonant atWletbn alas as sere its reasonably possible mar written demand,Lessor nay make mdarepaint without liability to the t.aea Ow any loss or damageIan a accruem Lash's machaMise,fixtures or other property,or to Lessee's business by mason Snot and upon completion seal pay l.ateor's cod Ibt making such repairs upon Fraablien ofa bill theref,. 1. Indemnity Agreements. Lame to neither hold non attempt to bold th Lessor liable fir any injury ordoted"tithepoxaam or remote*caning thank a reused by any mays,alterations,Wary or laldedte the thaw described premises,ea adjacent jambes or other porn ofdm above premises not heroin demised,or by reason of the Deliigaa of default of the oaths or amperes tared or any pens,or hi W get any injury or damage oeaelonedby defective electric wiring,=the braking,bunatg,stoppage or lnldng resulting from freer*or otherwise of any pal oftho pl=mbie&ale conditioning,heating,fire control welder systems or get,sever or seam pipee and Lava will save and hold harmless sew Lear Dern ell tar,apace,damage or injury to tunas or papery ale*Ere of occurring by reason dire oaupalan a use oft leased pmniaa,save ad except only such losses or injuries arising eacama..by try eotofomission otter tsar. The Lessor shall not be liable for soy damageto proWny of the lace or of others bernard on the leased mein,nor tribe loss of order age to any property of Lana a of others by theft orotherwise. All propaty offence or tared on the lead promisor shall be so kept or stored at the rbk of Lessee only,and Lase shall hold home harmless tom any claim arising out to damage w the soma S. Repass to ilea Fmmien lama agrees St all repairs to the structural walls and the motor said leased pr®iar shalt belt obligation,except that Lear shall have no duty or omission to repair any damage caused by the Lessee or the Lessee's employee. Lena shall racy Lassa,in Widish ofany reeks,maintenance to said shuciurallmills orroofvviddn May he regnhcd,endLarashill have a reasonable dose to mate such repaks, Lassa agora test all other repairs to and maintenance of said prattles,including bonnet Ihnitd to isle.wdb,doors,gees and iiaeksop,shall bete obligation tad responsibility oft Laem e. 9. Right of Entry.Doges and Additba to Buildings Is hereby apmly reserves the right,during nonfat busing%hours,to aeetonly the leased premise Dr the purpose ofisrpgslan, repairs.ahmadaa,dmprovanorms and additions to the Said pomisce ortbe building of adds it input park Loser also epnsay mares the right to add extensions or akaatiaa to the ernes building Lessee shall not.however,contract for woke any alie:lota,oddities* ademioes or eemuaioa of a y kind to the leo promisee,unites expressly approved by the f tear in wriding. 10. Character of Oocapsney: The hard pranks shell be used and occupied only as Bestaatar and Lanai 11. Imaeeo: The Lima Anther amen to provide public liability hearse with bodily ktiuy limns of not leas then 51.000.000 per parson,51.044.494 per oapnaaad progeny damage inntanoo with limim of ten Is den R1.000 000_peroeaurrence,S1A99.000 Por afistgatch wring with e eompany having a Bat's key song of A+ Sett and shall name i.sor a ib dsrigmuoder aid enandapolicy a additional insureds. Taro shall finish to Leaser acaticeS of Surma indicating tat mid policy is in Mil fetes sad S that Lmaof has been named as an additional insured and that saki policy will not be sanded=lea ten(10)days'prior written notice oft proposed eaetahon has been given to Laear. 12, Star No signs or sdvatimments Sall be placed or printed upon Plc otter vans door.windows,roof or led am othere derailed Sea cast those sign and locations ate Lessor shell approve in wiling prior to installation 13. BepYoement ofBufldS dM(kd,Or cider in the event the demtee premises or a portion thereof shall become uratentable on account of damage by the, casualty,Lear gull be given the option to coned the deficiency or condition which abed tender the premises usemenable Within ten (10)joys eta receipt of wiles notice from Laura ate the dements to the meaty,Loa shell noddy Ladle in writing as to abea moor not it clods to repair Pio none. gin the option of the Leon,his not Snails to repair Or rebuild the tame,thee and in that evW,the lacer shall have the right to Steele this lease.In the gem Lean elects to repair said praline it shill have one btmdd(100)days Rom the dab of its toga to Lees..to nibs each repelta During the period Eat Lessor's receipt of notice from Lees of damageS the meshed pamiaa until aid panics are nesored or their prior condition end possession thereof gents laaee the cent shall Eat upon the portion Oft premises that is urrmmasebl.except that if the p awbeu eoame asmnable due to the moon soft Lessee or it agents or employe the net shall continue in MI loom and affect as shall not abate. Lap,shall not it any can be Kable Many lees of profits or income oamsiood to Is daring such period. In the event said repair as no boo completed within the paid specified,t Lase may have she option to anoar S lea. If either the lama at Lena lamimtadhb laor se above provide in this paragraph, any mosses duo and owing to So laser at that don shag he paid by t lessee to the dab that Is vases aidpremies,and a9 thither obligations cotta pint etboth pastiebeat shell sewed Lessor shall bear no obligation whaaevertote So termination of said lase- 14. Holdover Agreement FROM : RCE INTL MARKETING PHONE NO. : 910 382+0800 May. 09 2002 07:40R1 P4 If alter the expiration of to term orthis tease,Lease than nibble in powmlea ofdic demised premise and continua to pay rent without a written agreement to ash'sorting ore,then web bolding over mall be deemed and taken to be a bolding over upon a taayaa from month to moots natal equivalent to the minimum rental betelnabovu tat form,such psyments to be made as hereinbekau provided. In the seat of nob bolding over,all the terms of the lease as herein set ore are to remain b&If tree and sober on mid moms to month boats. 15. Beekntpey: h father weed between the geodes hereto that,lithe Leese than be declend imelventor bankrupt,edifiers endows ofae Lease's property doll be made firths benefit of the sailors or ohawix,or if the Leman freehold moat herein shall be levied'wen under n souSei,aruiaed Weidee of any write or ray court of law,wetness i bantrnpicY,or a rmaser by appended toe deco Transit/ofthe Lewes„whether under°pennon°fibs ate&the adcah as then rend in any each case,the user my,at its option.mmediately, with or without make(notice being expressly vmived),terminate this lase and immediately talepntaerion of rid premises without the tame wants any*leihae of die obligations of the Lessee heremdr, • 16. Suboedhrtiot: Lessee agrees et this lee is end Sall be,stall times,sag=and abordnateto the lien clay saga winch Lessor a b assigns map make cowries mid prmiasaed to may and ell advances to be made tsaeenderend to the interest Steer provided,however,dm regarntesofany deem*muter say mortgasee a a0'paseathas or tale of aid premiss coda siStmamed*so long es tam palbms all covecianta sad OOOdIUOIIS of this law and eoatimmsm pay rot to whomsoever may be law&lly euttlod to area.tale Iaa®d Lea c's posessont e:ssds shell not be disturbed by the montages«anyone claiming MIS ortiough such aowlgages.Ieasroogresto seam my and all mmnmeatt hn wrung which may be required by Lamar to Subordinate Lases rites to the lien of Nth mortgages, abject to the Wee oft,paragraph 17. Fiesaoiat Statement Within ma(110)days sea write request has beat made by Lessor,lsee(end the giaaaoter.lfany)stall Provide Sian whb the mon ass nomad cements as required by the Less i become of bathes asthma en the property of which the 90041S premise me apart 1$. 1lesult of Tare The Lame tact corteges and agreed the tithe rent above reserved,era y pen*coot shell be it deems or in am of a breach early oftecevmesaa ages menu herein,Lana may denlae this lase terminated,and aler the aipiathi Cites Q)d Ys tom the thi of swept of service of a vat malice to that east,be mailed to the poseaiono aid manna,oath by the aphelion odds lessor by any termimioa deed teem es been provided for. Mite Lome shall awe to mender end deliver up the possession of aid premises, breathe stria of aid nabs,the and to that event,the Laser may,without anther notioe or danend,enter into and upon afdprmna. as y part thereof.mid take possession thereof end apwasthe ame asoftbo Loser's 1brma esnee,end apt shove and put oat of the possession the Lase,using such help,eadaaa and farce in an doing no may be sieedpt and proper,without being liable Is prosecution or damages themew.and wihoutprejudloa to say rm4'allowed by kw available in such our. This iruagrph shay to rpplmmml se pmpaph 44). 19. Veiling During Tam: lithe Lasso shall abandon or want the lased pranime be&re the end ofthe term of this lea or dull set thereat to be in errata,the Lab may at its option and without notice enter said penmisa,remove any signs and property of the Leese therefrom,and relate tweed premises or any pan thatofas it nay em f.without a di raking,voiding ormmlesliug thislas and for the purposes*tenth radial the Loa Is authorized to make any repe¢a oramigos in or to the lased prmisen,at tin expense ails Lessee(which Sap be payableto the Lae ups demand),as may be resin a damabk kr the!Appose offish rdatW.and Masco shell gotta realized fan such Wetting to Noel the monthly rasal reserved awl stipulated herein to be paid by the Lessee,fee lessee will pay seidi deficiency cab month upon demand Waaths,and if trilled to collect any monies due Comte lease under to lase,reasonable attorney's Ins shell be aaoaed es pat of the judgment 20. Assignment and Sublet Lessee mall oar assign or mortgage lease in whole or In pat,nor sublet all or my pat Stith lased prelisawit al die Fier vodka consort ofthe Liam and 1-sr agree that met mat will ant bovmasoaabdwithhold.Into event the lased mesa=ere sublet by the Lan that Ise haancieed or matgsged,the Lessee will rmota solely liable under the terms o the leas and shell not harassed toe Si pathrmi ea ofany oats'emu,covenants and conditions congaed herein. 21. Liauftasor: Lwee hereby sera to the Laser a lien open all dlenitare,Risco,alnipaat,'rottos,maahadlse and other purser babogmn to testae and Ieamdouo within the lased prmiste at erg one being the Lae tam,to a®se the perms=etc Lane's obliptionsender this lase,mid limb be prier so bey odor but OK meth property except a Ike In aver ate idler cfmdhproperly to mare the paid purchase pica thereof This Lean'.lien may be daedosed in the same manner as*financing stekmtat under the Ueda Commercial Coda and memos law after State ofColorado.aid the abc efts Lae at_, with the Ol Rte Caoowdd Code sad COMICS law cite Sue of Cole ndo,and S.ping of this Less in Oat=wih theuWxrn commelul Code shall contends too lawedbeda oft tit lien If the Lea'also base lnvon achpopey,eras puttiestweof:by vane oft financing stakeouts any other iateumaa,or by operations of law,the lien under this lease shall be in addition dorm end the Letter FROM : ACE INTL MARKETING PHONE NO. : 51.0 382+0800 May. 09 2002 07:41Al PS u nIt havota mate remedies at k option. 22. Surrender of Possc uvoiw Lessee area to deliver up and Nonreader to Leiter Dweersbn of the leased prermsa,ineludee all plumbing."aidn&sewer caometiont lighting Salina gears,&macs,with.anion Aooa,and appunan ems at die expiration ctte®batlw of Ibis lease or any atcnrioet hereof by lapse of Mme or otwwise,In es good order and cornlidon a a when pomemon was taken by the Las enceliting only ordhare sew and tear or damage by the elements(accorringwithout the fiat of the farce«od a pastes permitted by the tat to ecaipy or at the leanedla®se%or arty port thereof)or ty act ofGod or by insurrection,riot.invasion or commodes,or of military or usurped power. If die Lessee shall fail to remove any'Seas wairl they are Skied toremove trom said preoS'supon the tenringed of Ns lease,or any oaaaion haw(for any came wlaracever,the Lessor,at its option,may remove the same and store Of dame of the such Mess,without liability Ar loss or damage Sao,and La agrees to pay to Lessor on demand arty and all apes'mw removal,isdding the cost of removal of signs front the widows,making the promises including sidewalks,wane oralkyways adjacent thereto,if any,free from all Witham,delis and obstructions including court costa.attorney's Aea Sage sod Warm=charges on ma Minas ibr any length of time the same shall be in the Ianor'spomearkeni or the Lasser,at bs option,without notion may soil wan abets, orany ofihom,at private or public sale end wi hout legal process.for such press or oonaidation a the lessor may obtain,sad apply the proceeds of such sale upon any amouima duo under deb lam from de lsam to di Law,end upon the=Peso mcdaml to the bavever.in removing,cleaning the premises,selling mw Sate,and other acpees,radam surplus. g the ple s.if ,to to teases provido4 the event the proceeds°f inch salt or sales are insufficient to reimburse the Is,I moo shell pay seat deficiency upon demand. 23. legal Unload Rearms: Las=agitate pay Lessor for all sae and esteems,including a reasonable atoney'sM.W any court action brought by lax to recover any ran due end unpaid Wdt lean heh reawt thr the breath of any y tamsad of the ocaidi herein ned,am recover a or possession of the Jawedpremiseswhethere or 24. Notices: All notices,dmuads.requiter or other ineumase required hi Ns to be gas Lessee to Latortan be amt by cadficd a registered ma to Later at 3813 Hew 119 La'Co 80504. All noncespa u ndi ravens or onto(ns umditiequirdinth;s lease to be given by Lessor m Lessee shag be mat by certified or regieteredmag m Laceein 3815 Hwy 119.Loaamont t:t).80504 . 25. Me hank's Liao: The right ofdto Lame,or any pawn claiming duWgh or under Los,to oblige Ley medento«mhmaielmani's time Ass labor at materiel upon or against Law«'s Murat in the demised premises is hereby expressly gaged. 26. Condemnation of lame Premises: (a) If the cam donated memise,at any time than the tom ofibis leaseor any amnion thereof,shell be taken by the aerate Ma power of eminent domain this lame shall then t«mrate a oft.dew antic vetting in such proceeding,all nests shall be paid ap to Si due,and tease shell have no clams agahen Lessor nests condaahug authority got do value of the uammiredant of this lava (b) hi the event of a padal Wag Mme building or more then 25%of the land in,which Waves the p®wm imgt tor the need and proper conduct of the business of the Law,than the l Lame shall bacdm Tight to need and seminude des lease effective upon the actual partial taking,all rentals tau be paid up to tat deb,and Lens shell have no claim against Loma not the condemning authority for die value of any unshod tam of this lease If this lease shall not be cancelled as abae paovWal.M shall asaomo is stet and the rental sea schpvdal taking shall be that part of the rental herein spend to be paid Web the value&t untaken tkg, If part nbw,t*fee pre immediately adathe tMhos bars ne the value of the entire dadsed premises bnueat ly beta the the Lessee's catboat me oldie animas requiresaka:tans and repairs by ratan oft portal taking,the leaser may Sotto !siesta this lame within thirty(30)days after the actual Slog or stagnate Leaem's tight oftamhafon above provided.wmdoh must be exercised In wilting within thirty(30)days after such partial raking.may elect to continuo it,in which ewe thetaAsti make all necessary aheratiosand maim as its expense which me required because of such partial taking. Until Si situations and repaint shall haw ham oompie ed,an equitable attain n Mad shall be made to Issue trarq portion of the premises unfit flu ocaaanry and um is the conduct ofL«ew'a bashes Oar the period duntgwhich the sane is unfit for such oeapstal and ore. (m) Is the Mat Many aondemea W o or eating as aforesaid.whether whole«pedal,Lasso shall not be mailed to say an tithe award aid gun as n MmmtkG I4aor is to mein do fill amount of such*wad,Lessee hereby agmwlY welting era right a chin to any pert thereof Although all such damages awarded In the eyed ofsoy omdameatim ate to belong to the lamer,whether such damages are awarded asoawpematiod for daomotion in aloe of to leasehold«to the gee of the leased premien%Lorne tell have the right to deem and recover from the oademingartblrily.bet not from des Less,such compensation as may be separately awaited or reoosssabie by Lessee in Lahore's on right on WOODS Many and ell damage to Lase bednam by reason ofdee etches ant=din or on account Many sit or loss to which Lew might be path removing La mm's marlesnd e,dommm, flaira,le sehold improvement'and equipment. 27. Waist: Thewelter by laser of any breath Mary arm,arvetadt or madam herein contained shell net Weaned to atomiser Mancha covenant«omhdm on any subsequent beach oftae ammo assay other any avaarmar condition Una coatakad The atbsegsMs acoepmlm Mme bamad«byLosses shell not be dlmedto be a waiver army praadhngbreath by Lame of o ega such zt or condition often lease,ode than the Same*fiasco ay the psRkular motel to located.MatsMatseGf FROM : ACE INTL MARKETING PHONE NO. : 510 382+0800 May. 09 2002 O7:42RM P6 • pocedingbnae&at the time of the acceptance of such rat.No cevmal,Win or condition oft is law shall bodc®ed to lava hem vaned by the Lessor,unites such waiver be in writing duly executed by the Laser. 23. Lane's Proportimato Share ofCaa of Common Ara and Facilidiax In addition to din fatal payable pursuant to peapaph 31wtof the Lame shall pay to the Low upon dem•ad•propaumNS Stara of the cost of wending and maloWnitg all common man and Realties,intdudbig,iMaut limitation all parkin`mar,acrostanda. sdewalk&landscaped specs and other ape used in common or available to use in on®m by dtc Lana or his customers.employee& agents or other iovhea. Oparmang and maintaining such arms and futilities shall include without IkniSae Swishing amnia and pmliog wee lighting dads&mow removal,fine painting®e of pass,tabs and plasm minces ofvnaa and aexerage amigo and Lessor be the common use Otte co:awn oldie Middles,but des Meer ramlmmanaepthamost of t mafintenance of the bgreat uilding oar the��ing l'°Wtla appurtenant edol torn melt apemtios v4 ma The tam'ytopayamm shoe'as sun d is this paragraph aelewheo in this lone dull man inch Sectional pan of the total Comb which said sham applies es the total square Der flea arms occupied by me Lases bean to 16e WWI Mon bat of rentable floor as in the bnllding. 29. Addidomi provision': A. Red schedule shell be 32,000.00 pa met Thermo(2)yeas ad 3300.00 pa mouth fie Utica(Electric,Wan. Saps,and custom arm maoteinaoo). When Lather Wean Hosea on the atonal and meter maw,Lame will pa the exact usage¢rte®utilities. B. Laasee aimed to pay hash removal=viva Ottofbti own expema. 0, nntrmadxW other arvd C. As bag as the lease is valid,Lame his right to lam loony ovat,akin as gold peso' D. Option to renew. Losers AIMS have an optionmmn:wthe ternisoftds loss ibr as add*Wn.1 five(3)yews,provided diet Ipso is not otherwise in acts under any roc tams and mayhems often leaso sod inter provided Sot Lessee gives to Lessor a written nodal of lease ideation to rmmwthe tams alibis lie st leatnm4Y(90)drys Witt W to expiation orate mrigbul arm of ibis la Option shall be andaded by Consumer Prim box. IN WrrNISS WHEREOF,this lase islraby camltd die day and yea Sat above ovate& ATTEST: Imo' Sersaary By. �. 7idW ATTEST: 3 SmSammyBy�'' n Title LIQUOR/BEER REVIEW FORM Date: March 15, 2002 TO: Deputy J. D. Broderious FROM: Kim Fliethman SUBJECT: Liquor License Check In accordance with the procedure for Liquor and/or beer license checks, please review all records on the following establishment for any associated reports during the last year and return your report to the Weld County Clerk to the Board's Office on or before the date listed below. Your report will be used by the Board of County Commissioners in considering an Application for Change of Ownership. PLEASE RESPOND NO LATER THAN: MARCH 19, 2002 ESTABLISHMENT: SIMON CORPORATION DBA SIMON'S BAR AND GRILL 3815 HIGHWAY 119 LONGMONT, CO 80504 ************************************************************************************************************ No concerns o.+ 4.-s }ime. B De ty'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 3. D. eft c\er u S at Extension 1--US / of the date and time of the Board of Commissioner's renewal hearing. MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board May 16, 2002 VLVCFrom: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0014 Review of the following liquor license renewal by the Department of Planning Services shows the following: 24-67549-0000 Simon Ryu dba Simon's Bar and Grill 3815 Highway 119 Longmont, Colorado 80504 Zone District: Three Lot Minor Subdivision (C-3) The Department of Planning Services Staff has determined that the proposed use is in violation of the Weld County Code. Specifically, due to substantial modifications to the site and structure, a Site Plan Review (SPR) application was previously requested. As of this date, we have not yet received a SPR application to allow the use to continue. It has been recently noted, that all Building Permits have been completed and are now finaled (see memo dated May 16, 2002 from Trudy Halsey). To bring the property into compliance with the Weld County Code,a SPR application shall be submitted for staff's review. SERVICE,TEAMWORK.INTEGRITY,QUALITY MEMORANDUM ritt � To: File May 16, 2002 WIIDCFrom: Trudy Halsey, Building Compliance Officer COLORADO Subject: Simon's Bar and Grill All open building permits that the Simon's Bar and Grill had have been vioded or closed. There are no more open permits at this location. I did tell the owner that if they were to have another fire works stand this year, all inspections are to be completed before business is set to start. I also explained that when the sale was completed, they need to call for those inspections. SERVICE,TEAMWORK.INTEGRITY,QUALITY MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board March 18, 2002 lopeFrom: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0014 Review of the following liquor license renewal by the Department of Planning Services shows the following: 24-67549-0000 Simon Ryu dba Simon's Bar and Grill 3815 Highway 119 Longmont, Colorado 80504 Zone District: Three Lot Minor Subdivision (C-3) The Department of Planning Services Staff has determined that the proposed use is in violation of the Weld County Code. Specifically, due to substantial modifications to the site and structure, a Site Plan Review (SPR) application was previously requested. As of this date, we have not yet received a SPR application to allow the use to continue. Additionally, it is noted that there are several "expired" building permits associated with this property. Trudy Halsey, Building Compliance Officer is compiling a memo for your review. To bring the property into compliance with the Weld County Code,a SPR application shall be submitted for staff's review. Additionally, all outstanding building issues shall be addressed with the Department of Building Inspections. SERVICE,TEAMWORK,INTEGRITY,QUALITY MEMORANDUM To: Easter Gesick, Deputy Clerk to the Board March 19, 2002 wogC From: Trudy Halsey, Building Compliance Officer COLORADO Subject: LC0014 Review of the following liquor license renewal by the Department of Building Inspections shows the following: BC-0100748 PERMIT EXPIRED 9/6/2000 REPAIR WALL REMOVE PANELING REPLACE WITH SHEET ROCK. REPLACE SOME OF CARPET ALL INTERIOR WORK PERMIT EXPIRED 9/6/2000, SECTION 106.4.4, NO INSPECTION WITHIN 180 DAYS PER DAVE SPRAGUE. BC-0000235 PERMIT EXPIRED 9/26/2000 REMODELING EXISTING RESTAURANT LOUNGE AREA -ADDING 2 NEW RESTROOMS - THERE WILL BE NO STRUCTURAL ADDITION BUT WILL BE MOVING WALLS ON THE INSIDE. ELECTRIC, PLUMBING,AND HEATING INCLUDED. TALKED TO FRANK. NOTE: NO SPR - EXISTING PRIOR TO SUBDIVISION-NOT ADDING TO OR EXPANDING ACTUAL MOTEL STRUCTURE (LIN) BC-0001153 PERMIT EXPIRED 9/29/2001 REROOF EXISTING MOTEL W/PROPANEL II METAL ROOFING OVER EXISTING 2 LAYERS OF 3-TAB ASPHALT SHINGLES - BC-0100225 PERMIT EXPIRED- NEVER ISSUED BECAUSE NO SPR ILLUMINATED ENTRANCE SIGN- 4'x7' SIGN ON 6"x6"WOODEN POST IN CONCRETE FOOTING - TOTAL HEIGHT IS 9'2" 3/15/01 - PERMIT LOCKED PER JULIE CHESTER- REQUIRES SPR 2/22/02 - SPR NOT SUBMITTED YET - OK TO EXPIRE PER JEFF REIF AND FORWARD TO ZONING & BUILDING COMPLIANCE FOR VIOLATIONS (LIN) BC-0100748 PERMIT EXPIRED- NEVER ISSUED BECAUSE NO SPR 464 SF WOOD FRAME STORAGE SHED CAISSONS - SITS ON PAVEMENT - FLOOR PRIVATE USE - STOP WORK ISSUED 8/10/01 -PER KIM OGLE/TRUDY HALSEY - SPR REQUIRED - ZONING ISSUES - PERMIT VOIDED -NO FEES PAID AT TIME OF APPLICATION (LIN) 2/22/02 - NO SPR SUBMITTED YET - OK TO EXPIRE PER JEFF REIF AND FORWARD TO ZONING & BUILDING COMPLIANCE FOR VIOLATION (LIN) All above permits have been expired. The Department of Building Inspections has determined that the proposed use is in violation of the Weld County Code. Specifically, due to substantial amount of permits expired. To bring the property into compliance with the Weld County Code, all outstanding building issues shall be addressed with the Department of Building Inspections. SERVICE,TEAMWORK INTEGRITY,QUALITY Hello