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HomeMy WebLinkAbout20050602.tiff RESOLUTION RE: APPROVE APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR LICENSE FROM SHERRY LEE GEORGE, DBA GEORGE'S LUCKY STAR RESTAURANT AND NITE CLUB,TO BAYOU HOUSE, LLC, DBA DOUG KERSHAW'S BAYOU HOUSE AND AUTHORIZE CHAIR TO SIGN - EXPIRES MAY 18, 2006 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,Bayou House,LLC,dba Doug Kershaw's Bayou House,presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Tavern Liquor License for the sale of malt,vinous and spirituous liquors,said license previously held by Sherry Lee George, dba George's Lucky Star Restaurant and Nite Club, and WHEREAS,pursuant to Exhibit 5-H of the Weld County Code,said applicant has paid the required fees to the County of Weld for a Transfer of Ownership of the existing license, and WHEREAS,said applicant has exhibited a State 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: 33131 Highway 85 Lucerne, CO 80646 WHEREAS, at said hearing on the 23rd day of February, 2005 after review, the Board deemed it advisable to approve the application. 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 2005-07 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only 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 18, 2006,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, subject to the following condition: A. The Licensee has received a Certificate of Occupancy from the Weld County Department of Planning Services. 2005-0602 LC0016 (10 So .9799e_ TRANSFER OWNERSHIP OF LIQUOR LICENSE - BAYOU HOUSE, LLC, DBA DOUG KERSHAW'S BAYOU HOUSE PAGE 2 BE IT FURTHER RESOLVED by the Board that the Chair be,and hereby is,authorized to sign said application. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 23rd day of February, A.D., 2005. EL ♦ BOARD OF COUNTY COMMISSIONERS ®`� WELD COUNTY, COLORADO 1861 tlr:� William H. J e, Chair �u .?Clerk to the Board ,®QiWitt M. J. 'le, Pro- em Deputy Clerk to t e Board '` Davi . Long APP AS • Robe D. Masd unty Attorney Glenn Vaad Date of signature: -O/t9,5— 2005-0602 LC0016 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402102/03/04) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1881 Pierce Street,Suite 108 Lakewood,Colorado 80214 BAYOU HOUSE LLC DOUG KERSHAWS BAYOU HOUSE 33165 HWY 85 LUCERNE CO 80646 ALCOHOLIC BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 35-05569-0000 03 090 722410 B 051905 MAY 18, 2006 Type Name and Description of License Fee 2011 TAVERN LIQUOR LICENSE - $ 75.00 MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOTALFEEIS) $ 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,CO80261. In testimony whereof,I have hereunto set my hand. d '-t MAY 2 0 2005 4 °Ece - Division Director SW Executive Director THIS LICENSE EXPIRES MAY 18 2006 .,a:q. '-` LICENSE FEE X1'O - _, STATE OF ,:r, I`� t 4„_-1- COLORADO COUNTY OF WELD BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS RETAIL LIQUOR LICENSE FOR Tavern e' SPECIFY: Retail Liquor Store,Liquor Licensed Drug Store,Hotel and Restaurant,Club,Tavern etc. TO SELL AT RETAIL Malt, Vinous, and Spirituous LIQUOR �i1 SPECIFY KINDS OF LIQUORS TWO 10 to Certtfp, That Bayou House, LLC, dba Doug, Kershaw's Bayou House of the State of Colorado,having applied for a License to sell Malt, Vinous, and Spirituous Liquors,and having paid to the County Treasurer the sum of Seventy—five and no/100 ($ 75.00 )Dollars therefor,the above applicant is hereby licensed to sell Malt, Vinous, and Spirituous Liquors containing more than 3.2%Alcohol by weight by the drink for consumption on the premises only (Insert"by the drink for consumption on the premises"or"in sealed containers NOT for consumption at place where sold.") as a Tavern at 33131 Highway 85, Lucerne, CO 80646 in the County of Weld,for a period beginning on the 19th day of Nay —,20 05__,and ending on the 18th day of May ,20_06 _,unless this License is revoked sooner as provided by law. This License is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 47 of Title 12, Colorado Revised Statutes,as amended, IN TESTIMONY WHEREOF,The Board of County Commissioners has hereunto subscribed its name by its officers duly authorized this 23rd day of February , , _,20 05 ATTLT; G ,l T j The Board of County Commissioners Nr t ,l \ /CA CI By � �3L/ e ' Deputy Clerk to the Board I f, +.: f) A > - ' � Chairman,Board of Courtly Commissioner ' , ``1 1_l_ri 'n- A' n C J - 1 Q Tom-- GE--$ 4—I g ,J1 ci3 5 cr _In 0 rte. gEsi- r2e0015 Hu 2 A( 1 f`M ° s La o co.(-_--- •.t. ......., .r. ,...) c_z_.:. r'Y 7._ t ..., . ...„,_ . .. _ ._ ,L. cPte- 0f (t5 4. OR 96011102&041 Page I 21 OEPARTMENT USE ONLY COLORADO DEPARTMENT OF REVENUE DONORENFoncEMENT DIVISION COam DENVERCOLORADO LIQUOR RETAIL LICENSE APPLICATION [ll,NEN LICENSE lg 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 S • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO UOUOR MD BEER CODE(Call 303.370.2165) 1. Applicant is applying as a ❑ Individual ❑ Corporation Limited Liability Company ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) Association or Other 2. App ant N an LLC,name of LLC:if partnership,at leas)2 partners names:it corporation,name of corporation Fein Number A v?IA 1{F,tf�5c LL(. 89 /4A 885). 2a.Trade Namdof Establishment(DBA) Slate Sales Tax No. Business Telephone D0MNc d, i2$jvA1a' 3Ae nv.- t,u.SL.• 35n 5569 <97D-3571- 0505 3. Address-4f remises[specify exact location of emises) 3313 {iW isi $c — City County State ZIP Code 1114r f.RNf lkr C 1 A 0n 6o b4h 4. Mailing Address (Number and Street) City or Town Statx ZIP Code ( 110 1\ Lv. SAA eh I 6,et(la,Z 1, f n 8oG3/ 5. It the premises currently have a liquor or beer license,you MUST answer he following questions: Present Trade Name of Establishment(DBA) • Present Slate License No. Present Class of License Present xpiration Dale ,/ tN Gf$1xe9fS Lutl<lfc4,4+e KcsAnMA 3. tin -et II1-ooro raJuen) 3-7,75" LAE SECTION A NONREFUNDABLE APPLICATION FEES LIAB SECTION B(CONT.) LIQUOR LICENSE FEES 2300 O Application Fee for New License $625.00 1985❑Resort Complex License(City) $500.00 2302 O Application Fee tor New License- 19860 Resort Complex License(County) $500.00 w/Concurrent Review $925 00 19880 Add Related Facility to Resort Complex...$ 75.00 X_Total_ 2310 l0 Application Fee for Transfer $825.00 19900 Club License(City( $308.75 2312 O Application Fee for Transfer- 19910 Club License(County) $308.75 w/Concurrent Review $925.00 20100 Tavern License(City) $500.00 LIA@ SECTION B LIQUOR LICENSE FEES 20118 Tavern License(County) $500.00 1905 O Retail Gaming Tavern License(City) $500.00 20120Manager Registration-Tavern $ 75.00 1906 O Retail Gaming Tavern License(County) $500.00 20200 Arts License(City) $308.75 1940 O Retail Liquor Store License(City) . $227.50 2021❑RacetrackArta License(erase() . $300 00 1941 O Retail Liquor Store License(County).. $312.50 2030O License(City) $500.00 1950 O Liquor Licensed Drugstore(City) $227.50 2031❑Racetrack License(County) $500.00 1951 O Liquor Licensed Drugstore(County) $312.50 204000p5onal Premises License(City) $500.00 1960 O Beer and Wine License(City) $351.25 2041 DOptiona Premises License(County) $500.00 1961 O Beer and Wire License(County) $436.25 20450 Vintners Restaurant License(City) $750.00 1970 O Hotel and Restaurant License(City) $500.00 20460 Vintners Restaurant License(County) $750.00 1971 O Hotel and Restaurant License(County) $500.00 22200 Add Optional Premises to H 8 R $100.00 X_Total 1975 O Brew Pub License(City) $750.00 23]0❑Master File Location Fee $ 25.00%_Total 1976 O Brew Pub License(County) $750.00 23750 Maslen File Background .. $250.00 X_Total_ 1980 O Hotel and Restaurant License w/opt premises(City)....$500.00 1981 O Hotel and Restaurant License w/opt premises(County) $500.00 1983 O Manager Registration-H 8 R $ 75.00 DO NOT WRITE IN THIS SPACE•FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type License Account Number Liability One License Awed Through (Expiration Dale) FROM TO State City County Managers Reg -750(999) 2160-100(999) 2190-100(999) •750(999) Can rue h..Lam. cart NM r,.ee.L..,.. TOTAL 2300-100 2310-100 (999) (999) DR 6004(10/28/041 Pape 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions:This check list should be utilized to assist applicants with filing all required documents for licensure.All documents must be properly signed and correspondwith the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State approval the license wit 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 A. Applicant/Licensee identified. Cr B. State sales tax license number listed or applied for at time of application. Q' C. License type or other transaction identified. ❑ D. Return originals to local authority. ❑ .E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES ❑ A. No larger than 8 1/2'X 11'. O 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 Er'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 O A. Individual History Record(s)(Form DR 8404-I). [M'B. Fingerprints taken and submitted to local authority.(State authority for master file applicants.) O C. Purchase agreement,stock transfer agreement,and or authorization to transfer license. ❑ D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION(If Applicable) ❑ A. Certificate of Incorporation(and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. ❑ D. List of officers,directors and stockholders of parent corporation(designate 1 person as'principal officer'). VI. PARTNERSHIP APPUCANT INFORMATION(H Applicable) ❑ A. Partnership Agreement(general or limited).Not needed if husband and wife. VII. LIMBED LIABILITY COMPANY APPLICANT INFORMATION(B Applicable) ;MID Copy of articles of organization(date stamped by Colorado Secretary of State's Office). O B. Copy of operating agreement. ❑ C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record(DR 8404-I). DR 8404(1028/04)Page 3 6. Is the applicant(including any of the partners.if a partnership;members or manager if a limited liability company;or officers,stock- Yea No holders or directors if a corporation)or manager under the age of twenty-one years? ❑ M 7. Has the applicant(including any of the partners.if a partnership;members or manager it 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 alcohol beverage license? 0 (b) had an alcohol beverage license suspended or revoked? 0 531 (c) had interest in another entity that had an alcohol beverage license suspended or revoked? 50 If you answered yes to la,b or c,explain In detail on a separate sheet. 0IN 8. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the preceding Iwo years?It yes:explain in detail 0 51 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? 0 X 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners.if a partnership;members or manager if a limited liability company;or officers,stockholders or directors it a corporation)?If yes,Idenlifyihe name 01 the business and list any current or former financial interest in said business including any loans to or from a licensee. msms-Tic An VeAAy cq4 I 0 11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership,lease or other arrangement? Ownership 0 Lease 0 Other(Explain in Detail) Z1 0 a.If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram and outline or designate the area to be licensed(including dimensions)which shows the bars,brewery,walls,partitions, entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11'.(Doesn't have to be to scale) 12. Who,besides the owners listed in this application(including persons,Firms,partnerships,corporations.limited liability companies), will loan or give money,inventory,lurniture or equipment to or for use in this business;or who will receive money frorntthis business. Attach a separale sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Jot T DE_Lc,.., Jo 6'/a 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 Has a local ordinance or resolution authorizing optional premises been adopted? 0 Number of separate Optional Premises areas requested. (See License Fee Chan) 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. 0 15. Club Liquor License applicants answer the lotowing and attach: (a) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and o Ea not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is 0 at operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain? (c) How long has the dub been Incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a dub?(Three years required) _ 16. Brew•Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? 0 51(Copy of permit or application must be attached) 17a. Name of Manager(for all on-premises applicants) Silt C,..4 '/ //J�f /y_ ,fill i Dale of Binh application for a Hotel.Restaurant or Tavern License,the manager must also submit an Individual Hie ory Record(DR 8404-I). 170.Does this manager act as the manager of.or have a financial interest in,any other liquor Yes No licensed establishment in the Stale of Colorado? If yes,provide name.type of license and account number. 0 to 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, q directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater finandal interest Yes No in the applicant currently have an outstanding lax distraint issued to them by the Colorado Department of Revenue? ❑ SI If yes,provide an explanation and include copies of any payment agreements. DR 6404(1026/04)Page 4 ' 19. 11 applicant is a corporation,partnership,association or limited liability company,applicant must list ALL OFFICERS.DIRECTORS, GENERAL PARTNERS.AND MANAGING MEMBERS.In addition applicant must list any stockholders,partners,or members with OWNER- • SHIP OF 10%OR MORE IN THE APPLICANT.ALL PERSONS LISTED BELOW must also attach form DR 8400.1(Individual History record), and submit finger print cards to their local licensing authority. NAME HOME ADDRESS,CITY B STATE DOB POSITION %OWNED' • l -7/14-1/ 317/2- V:94 ftr/ Ali Aw/cy Cc, r�4 my 30% • L y . 'I total ownership percentage disclosed here does not total 100%applicant must check this box ❑Applicant affirms that no individual other than these disclosed herein,owns 10%or more of the applicant Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Can.of Incorp. ❑ Cen.of Good Standing(if more than 2 yrs.old) ❑ Cert.of Auth.(if a foreign corp.) ❑PARTNERSHIP ❑Partnership Agreement(General ar Limited) ❑Husband and Wife partnership(no written agreement) ®LIMITED LIABILITY COMPANY ❑Articles of Organization ❑ Cert.of Authority(if foreign company) ❑ Operating Agrmt. ❑ASSOCIATION OR OTHER Mach 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 end all attachments are true,correct,and complete to the best of my knowledge.I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Aut odie nature 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 from dale of application 1247-311(I))C.R.S. THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That each person required to file DR 0404-I(Individual History Record)has: Yes No 0 Been fingerprinted 0 0 ❑ Been subject to background investigation,including NCICICCIC check for outstanding warrants 0 0 Thal the local authority has conducted,or Intends to conduct,an inspection of the proposed premises to ensure that the applicant is in compliance with,and aware of liquor code provisions affecting their class of license 0 0 (Check One) ❑ Date of Inspection or Anticipated Date ❑ Upon approval of state licensing authority. The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. We do report that such license,if granted,wi auiuskr :.sonable requirementsofthe neighborhood and thedesires oftheadult inhabitants, and will comply with the provisions of ,lr- A�p61�®V C.R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for {.. Telephone Number ❑ TOWN,CITY Weld County, Colored) erg (970)356-4000 X4200 ® COUNTY Signature •1161 :Ur�'S _'�� g ;�.flP H. Berke, Chair Date r�� Board of Commitisioners 02/23/2005 ` ' s � J\T Date Signal -r s :v "" � • ® lerk to e Boat 02/23/2005 Clerk to the Board &COS-O64d DR 8404-I (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant,all general partners of a partnership, 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, Officers or other limited liability company members with a 10% (or more)ownership interest In such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which Is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness.A deliberate falsehood or omission will jeopardize the application as such falsehood within Itself constitutes evidence regarding the character of the applicant. 1.Name of Business 1D .&& ktesL*t ) s L>4-y bw. 1-tn1.5E 2.Your Full Name(last,first,middle) / � 3.List any other names you have used. 1-IA 1 I T . 3 B ;II e- JAc.(- 13\ 11 s 1-I All 4.Mailing address(if different from residence) / G,2EL/FA, Home Telephone 3,2 71 X ti h4KE- .R063en 86-th 0170 -356- 5097 5.List all residence addresses below.Include current and previous addresses for the past five years. STREET AND NUMBER CRY,STATE, ZIP FROM TO Current 3.a4-1Ia- V/5.69 LA�AE /200,0 Gni/C7 CO 8063/ 12-03 Reesev/ Previous a0 � �N� G�2ELlf�CL t4��3y (o-1V8 to- 03 6.Date of Birth Social Security Number(SSN) Place of Binh (ID 7.U.S.Citizen? / 62EEiC7 J024-9O X]Yes ❑No If Naturalized,state where When Name of District Court Naturalization Certificate Number Date of Certification If an Alien,Give Alien's Registration Card Number Permanent Residence Card Number 8.Height Weight Hair Color Eye Color Sex Race 9.Do you have a current Driver's License?it so,give number 8 state 5'Bid bRr.4 ZieNI M G) Yes No 10.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage Industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER 11.Have you ever applied for,held,or had an interest in a Slate of Colorado Liquor or Beer License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee?If yes,answer in detail. ❑Yes ' No 12.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court or do you have any charges pending?(If yes,explain in detail.) Yes cg Na 13.Have you ever received a violation notice,suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere In the U.S.?If yes,explain in detail. El Yes cs No 14.List all current and former employers or businesses engaged In within the last five years(Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS(STREET,NUMBER,CITY,STATE,ZIP) POSITION HELD FROM TO 51 / 1 /h r lnxl 6r ,kiptc Rs 4114,e evettS,'lvw-Aon0hI "/ 4NAGAk inc 'w-1, 4ut &.t oltc �, Fogs) WtsiotYf /957 Fkrsc..tt aainit//IAN rA)1�t. 117-a I I A, /wt. SJC L.20 k c toy Otersi'oeltd 15.Financial Information. N Total purchase price$�/4 41.10 (if buying an existing business)OR list the total amount of your investment in the new business, including notes.loans,cash,ser6ices or equipment,and operating capital $ Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet If needed. Type:Cash,Services or Equipment Where Obtained(Savings,Checking,Account,etc.) Amount Loan Information(attach copies of all notes or loans) Name of Lender ��rr Address Term Security Amount AA lcl�ai/ &fi INA-NO G7 oAI,4 , Afit lsrbtd) Agif� �/f=/sl•,Wir (0, 04 o on! Pa4164 6-q155 16.Give name of bank where business account will be maintained;name the account will be maintained under;and the name or names of persons authorized to draw thereon. C/}GLne- BRni/c N�K P�Auss LL C — I3J/ /f �o� I 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 'gnat Title f/� //�� �®' Date:)-/‘")90-5- ATTN: LLQ ATTENTION: WELD CO SHERIFF COLORADO BUREAU OF INVESTIGATION - CRIME INFORMATION CENTER 690 KIPLING STREET, #3000, DENVER, COLORADO 80215 303/239-4208 THIS IDENTIFICATION RECORD, FOR LAWFUL USE ONLY, SUMMARIZES INFORMATION SENT TO THE CBI BY FINGERPRINT CONTRIBUTORS IN COLORADO. WHERE THE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF A CHARGE OR DISPOSITION IS DESIRED, CONTACT THE AGENCY THAT FURNISHED THE FINGERPRINTS. ONLY THE COURT OR DISTRICT ATTORNEY IN WHOSE OFFICE A FINAL DISPOSITION OCCURRED CAN PROVIDE A CERTIFIED COPY OF THAT DISPOSITION. STATE LAW GOVERNS ACCESS TO SEALED RECORDS. UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, WE CANNOT GUARANTEE THIS RECORD RELATES TO THE PERSON IN WHOM YOU HAVE AN INTEREST. BECAUSE ADDITIONS AND DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. NAME(S) USED: HALL, BILLIE JACK PHYSICAL: W M 508 130 BRO/BRO SKIN: DATE(S) OF BIRTH: 112853 PLACE(S) OF BIRTH: CO CONTRIBUTOR / NAME / CHARGE / ARREST# DATE DISPOSITION WELD COUNTY SHERIFF HALL, LARCENY (RECORDS) GREELEY BILLIE JACK ARREST # 42661 DATE - 01/27/72 ITEM #001/001 ---- END OF RECORD MEETING DISSEMINATION CRITERIA ---- 03/10/05 0836MT *** CRIMINAL JUSTICE AGENCIES MAY NOT HAVE PROVIDED ALL ARRESTS, *** *** CHARGES OR DISPOSITIONS TO THE CBI. THIS RECORD SHOWS ALL *** *** ARRESTS, CHARGES & DISPOSITIONS THAT WERE PROVIDED, UNLESS *** *** ACCESS TO THEM HAS BEEN LIMITED BY COURT ORDER. *** * FALSIFYING OR ALTERING THIS RECORD WITH THE INTENT TO MISREPRESENT THE * * CONTENTS OF THE RECORD IS PROHIBITED BY LAW, AND MAY BE PUNISHABLE AS * *** A FELONY WHEN DONE WITH THE INTENT TO INJURE OR DEFRAUD ANY PERSON.*** COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St Denver,CO 80261 January,2005 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 Application are: pi Paid in full. There are no outstanding accounts with any Colorado Wholesalers. p 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: Q Licensee O Applicant CI 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 1-AA) , 200 S. Seller: Buyer: a004/-0,5- yD 9 j// i-. 0000 $ .you lgot.st /-LC. Licensee & License Number Applicant CQeocce I t'c ey %'r tt/l tL too J_tRSAws h,At .s� Trade namo Trade`fi me site Signature Sign tur� L, v 44a06/; PM/iwrt Position Position ci Berry 2. ae`'€fQ- 3;1. 1-1-A-1,1Print Print Name Name FINGERPRINT CARDS - INSTRUCTIONS LIQUOR/BEER LICENSE APPLICATIONS (For all New Applications or Transfer of Ownership Applications) As part of the application process, each individual with financial interest in the applicant is required to have fingerprints taken. Please follow the procedures carefully to prevent delay in the application process: 1. Using a fingerprint card provided by the Clerk to the Board's Office, fill out the top portion WITH BLACK INK, indicating your name, address, aliases, date of birth, etc. 2. Take the fingerprint card to the Weld County Sheriffs Office, located at 2110 "O" Street, Greeley, CO, 80631, to be fingerprinted, along with a cashier's check, money order, or business check made out to "Weld County Sheriff's Office" in the amount of $10.00 per card. 3. Return the completed card to the Clerk to the Board's Office with a cashier's check, money order, or business check made out to"Colorado Bureau of Investigation" in the amount of$38.50 per card. M:CAROL\OPMAN\PRINTS 11/06/2002 February 02, 2005 Weld County Commissioner's Office Weld County, Colorado. RE: Bill Hall Applicant for Liquor License It is with great pleasure I write this letter of recommendation for Bill Hall and his associates as they apply for a liquor license in Weld County. I have known Mr. Hall for the past 24 years. We received our airplane pilot's license in the same month in 1.981. We also worked together in the Wranglers for many years, the volunteer support group for the Greeley Independence Stampede. Then we both were fortunate enough to be elected to serve on the Greeley Independence Stampede Committee, as directors for this major community event. I have been a close personal friend and can attest to his integrity as an upstanding citizen and a Weld County businessman. His business dealings have always reflected his desire to make Weld County a better place live. He has displayed high morals, respectfulness, and a willingness to meet community desires and demands. As you can ascertain, I highly recommend Mr. Hall and his associates for their application for a liquor license in our great county. If you have any questions or require further clarification, please do not hesitate contacting me. Respectfully submitted, Jon D. Eastin 16359 Longs Peak Road Greeley, CO 80631 970-353-0757 February 4, 2005 County Commissioners 915 10th Street Greeley, CO 80631 Subject Bill Hall Dear Sirs: It is my understanding that Mr. Bill Hall has applied to the county for liquor and other related licenses for operation of his new facility in Weld County. The purpose of this letter is to serve as a personal reference relating to the application. I have had the pleasure of knowing and working with Mr. Hall over the past several years in both a personal and professional capacity. I have found him to be honest, straightforward and a person of high integrity. In addition, Mr. Hall is currently a customer of our bank and has handled all transactions as agreed. Please feel free to give me a call if you have questions or require additional information. My direct line is 970-674-3604. Sincerely, Bob Hinderaker President. 355 Eastman Park Drive • Windsor, CO 80550 Phone: (970) 674-3600 • Fox: (970) 674-3610 • www.signaturebanks.com Farmers BAN k February 2,2005 Weld County Commissioners Sirs,Madams, This letter is to introduce Bill Hall to you. I have personally known Bill for the last 20 years. During the course of that time I have had the occasion to be involved in some of Bill's business activities. All aspects of those activities that I have been associated with have been handled in a business like manner. I have also known Bill and his family on a personal level and can vouch for their honesty and sincerity. If you have further questions,please feel free to contact me. S' cerely auer President 119 1st Street • P.O.Box 220 • Ault.Colorado 80610 • (970)834-2121 /Fax(970)834 1351 073 I�'I�III'1'�lII"illa!'V'I'IIIIl\rI�I:11151 � it Ir �2660T3 0t1Y6f2006 31P WMoro tl_ 6���ot 1 of 1 B 0.00 D NM flty� //��!!¢nn II,,,, WARRANTY DEED "� $9.-kh(G THLS DEED.Made this 24th day ofiunuary,2005 between $JZ'-I I Wb Olga Galindo of the County of Weld,State of Colorado,grantor and Bayou House LLC,A Colorado limited liability company whose legal address is:122011th Avenue,N201,Greeley,CO 80631 of the County of Weld,State of Colorado,grantee: W ITNESSETH,'That the grantor for and in consideration of the sun of Five Hundred Sixty-Seven Thousand One Hundred Dollars and NO/t00'S.(5567,100A0,the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and corium],unto the grantee,his heirs and assigns forever,all the real property together with improvements,if any,situate,lying and being in the County of Weld,and State of COLORADO,described as follows: The South 451.9 feet of the North 2,053.9 feel of that pan of the East''A of the Southeast''/.of Section 18,Township 6 North,Range 65 West of the 6h P.M.,lying West of U.S.Highway 85 as the same is now located,together with right of ingress and egress over and across the prepetty lying South of the herein described property, County of Weld, Stale of Colorado. also known by street and number as 33165 Highway 85,Lucerne,CO 80646 TOGETHER with all and singular the hereditannents and appurtenances thereunto belonging, or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents.issues and profits thereof,and all the estate,right,title,interest,claim and demand whatsoever of the grantor.either in law or equity,of.in and to the above bargained premises,with the herediamans and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantee,his heirs and assigms forever. And the grantor,for himself,his heirs,and personal representatives,does covenant,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the caseating and delivery of these presents,he is well seized of • the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance,In law,in fee simple,and has good right,fill power and lawful authority to grurl,bargain,sell and convey the sante in manner and form as aforesaid,and that the same arc free and clear from all former and other grants,bargains,sales,liens,taxes,assessments,encumbrances and restrictions of whatever kind or nature soever,except all taxes and assessments for the current year.a lien but not yet due or payable,the lien far the first and second instalments of 2004 taxes,and those specific Exceptions described by reference to 6' recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 83"Title Review",of the contract dated January I h,2005.between the pathos. cam!• ry f The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and C peaceable possession of the grantee his heir;and assigns,against all and every person or persons lawfully claiming the 9 = whole or any pan thereof. The singular number shall include the plural,the plural the singular,and the use of any gender tcf shall be applicable to all genders. hC IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. N—Cr SELLER: ,q O h Bali S El STATE OF COLORADO }SS: C/ COUNTY OF Weldr \ The foregoing instrument was acknowledged before me this 24 day of Tatum ,21IUS,by Olga Galindo • Notary Publi Witness my hand and official seal. My Commission expires:9/18N)5.- t.PJUNEPEARSON NOTARY PUBLIC I STATE OF COLORADO mpg UP wimTO ^ Security Title Wanuy Deed(For Photographic Bawd) File Na.50032665 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Donetta Davidson, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Bayou House,LLC is a Limited Liability Company formed or registered on 01/20/2005 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20051031728 • This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/13/2005 that have been posted, and by documents delivered to this office electronically through 01/20/2005 @ 13:25:49 • I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 01/20/2005 @ 13:25:49 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 6131778 . /--,-.......N..„_.,--- t V 4. xiv 4., rx f �, r" .� _. 1876 Secretary of State of the State of Colorado ***********sat**************************End of Certificate**************************************** Notice.'A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option,the issuance and validity of a certificate obtained electronically may be established by visiting the Certificate Confirmation Page of the Secretary of State's Web site hap uuu..cos state so is BB t'er tfimreSearc ht'nter w(JO entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate- For more information,visit our Web site, hap: Ii'.xos ouroco.zu click Business Center and select "Frequently Asked Questions." Colorado Secretary of State -filed Date and Time: 01/20/2005 01:23 PM Document Processing Fee Entity Id: 20051031728 If document is on paper: $50.00 If document is filed electronically: $ .99 Document number: 20051031728 Fees are subject to change. For electronic filing and to obtain copies of filed documents visit v'ww.sos.state VOA'S Deliver paper documents to: Colorado Secretary of State Business Division 1560 Broadway,Suite 200 Denver,CO 80202-5169 Paper documents must be typed or machine printed. ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to 7-90-301,et seq.and§7-80-204 of the Colorado Revised Statutes(C.R.S) I. Entity name: Bayou House, LLC (The name of a limited liability company must contain the term or abbreviation"limited liability company", "ltd.liability company" "limited liability co." "ltd.liability ca.". "limited" "lie", "tic.",or"ltd."a7-90-601.C.R.S.) 2. Use of Restricted Words(if any of these terms are contained in an entity name.true 0 "bank"or"cruse'or any derivative thereof name of an entity,trade name or trademark O "credit union" O "savings and loan" stated in this document,make the applicable O "insurance","casualty","mutual",or"surety" selection): 3.Principal office street address: 1220 11th Avenue (Street name and number) Suite 201 Greeley CO 80631 (City) (State) (Postal/Zip Code) United States (Province-if applicable) (Country-if not US) 4. Principal office mailing address _ (if different from above): (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-If applicable) (Country-if not US) 5.Registered agent name (if an individual): Hall Bill J. (Last) (First) (Middle) (Suns) OR(if a business organization): 6.The person identified above as registered agent has consented to being so appointed. 7. Registered agent street address: 1220 11th Avenue (Street name and number) Suite 201 Greeley CO 80631 Rev.a/14/2004 l of 3 (City) (State) (Postal/Zip Code) 8. Registered agent mailing address (if different from above): (Street name and number or Post Office Box information) (City) (State) (Postal/Zip Code) (Province-If applicable) (Country-if not US) 9.Name(s)and mailing address(es) of person(s)forming the limited liability company: (if an individual): Hall Bill J. (Last) (First) (Middle) (Suffq OR(if a business organization): 1220 11th Avenue Suite 201(Street name and number or Post Office Box information) Greeley COgy 80631 (City) unftet])StateS (Postal/Zip Code) (Province-If applicable) (Country—if not US) (if an individual) Delay John (Last) (First) (Middle) (Selo OR(if a business organization) 1220 11th Avenue suite 201(Street name and number or Post Office Box information) Greeley CO 80631 80631 (City) uniteCt States (Postal/Zip Code) (Province—if applicable) (Country—if not US) (if an individual)_ (Last) (First) (Middle) (Suffix) OR(if a business organization) (Street name and number or Post Office Box information) (City) un(S9 elStateS (Postal/Zip Code) (Province—(applicable) (Country—if not US) (If more than three persons are forming the limited liability company,mark this box I and include an attachment stating the true names and mailing addresses of all additional persons forming the limited liability company) Rev.6/14/2004 2 of 3 10.The management of the limited liability company is vested in managers ID OR is vested in the members C. 11.There is at least one member of the limited liability company. 12.(Optional) Delayed effective date: (mm/dd/yyyy) 13.Additional information may be included pursuant to other organic statutes such as title 12,C.R.S. If applicable,mark this box ❑ and include an attachment stating the additional information. Notice: Causing this document to be delivered to the secretary of state for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery,under penalties of perjury,that the document is the individual's act and deed,or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing,taken in conformity with the requirements of part 3 of article 90 of title 7,C.R.S.,the constituent documents,and the organic statutes,and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part,the constituent documents,and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the secretary of state,whether or not such individual is named in the document as one who has caused it to be delivered. 14. Name(s)and address(es)of the individual(s)causing the document Hall Bill J. to be delivered for filing: 122011{fl5tAvenue (First) (Middle) (Suffix) Suite 201(street name and number or Post Office Box information) Greeley CO 60631 (C(ty) lJ raga States(PostallZip Code) (Province—if applicable) (Country—if not US) (The document need not state the true name and address of more than one individual. However,if you wish to state the name and address of any additional individuals causing the document to be delivered for filing.mark this box •and include an attachment stating the name and address of such individuals.) Disclaimer: This form,and any related instructions,are not intended to provide legal,business or tax advice,and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date,compliance with applicable law,as the same may be amended from time to time,remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. Rev.6/14/2004 3 of NOTICE: This "image"is merely a display of information that was filed electronically. It is not an image that was created by optically scanning a paper document No such paper document was filed. Consequently,no copy of a paper document is available regarding this document. Questions?Contact the Business Division. For contact information,please visit the Secretary of State's web site. DR 8404-I (06/02) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant,all general partners of a partnership, 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, Officers or other limited liability company members with a 10%(or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE:This individual history record provides basic Information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness.A deliberate falsehood or omission will Jeopardize the application as such falsehood within Itself constitutes evidence regarding the character of the applicant. 1.Name of Business l7o�i, ku sl,ar� s ' 4A but_ 14*c&st 2.Your Full Name(last,first,middle) 3.List any other names you have used. $4411 Via. . 3 ;111 :TAcJ< 15 11 S MA /1 4.Mailing address(if different from residence) Gatti Home Telephone _ in \lr's-# t,kL •RoaD Cx Fo l q -3s6- 5097 5.List all residence addresses below.Include current and previous addresses for the past five years. STREET AND NUMBER CITY,STATE, ZIP FROM TO Current 3.2'71a- Vis) LAA 12Oo.o G2£ticif £10 806.3/ 12-03 P,2Eszw/ Previous ' O 1 4 N1 G,ettlby cc 130631-/ -i i . - 03 6.Date of Birth Social Security Number(SSN) Place of Birth 7.U.S.Citizen? GREElt4 (eh:IPA-6o Yes No If Naturarzed,state where When / Name of District Court Naturalization Certificate Number Date of Certification If an Alien,Give Allen's Registration Card Number Permanent Residence Card Number 8.Height Weight Hair Color Eye Color Sex Race 9.Do you have a current(Driver's License? If so,give number&state 5'Rrf binl 3' J Pt ( Yes ❑ND ` 10.List the name(s)of relatives working in or holding a financial Interest In the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER 11.Have you ever applied tor,held,or had an interest in a State of Colorado Liquor or Beer License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee?If yes,answer In detail. Yes No DR 8404(10/28/04)Page 3 6. Is the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stock- yea No holders or directors it a corporation)or manager under the age of twenty-one years? 7. Has the applicant(Including any of the partners,if a partnership;members or manager it a limited liability company;or officers, stockholders or directors it a corporation)or manager ever(in Colorado or any other state); (a) been denied an alcohol beverage license? Z �(b) had an alcohol beverage license suspended or revoked? o 181 to) had interest in another entity That had an alcohol beverage license suspended or revoked? If you answered yes to 7a b or c.explain In detail on a separate sheet. 8. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the preceding Iwo years?If yes:explain in detail. 0 Z 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? X 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager 8 a limited tiabilily company;or officers,stockholders or directors it a corporation)?If yes,denlify he name of the ?bbusi7nes;sl�and list any pl current or former financial inleresl in said business including any bans to cr from a licensee.jJg�M S'3' 71.Y Pd c,44jf" � II, Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least 1 year from the date that +l This license will be issued by virtue of ownership,lease or other arrangement? Z Ownership 0 Lease 0 Other(Explain in Detail) 5 0 a.If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram and outline or designate the area to be licensed(Including dimensions)which shows the bars,brewery,walls.panitions, entrances.exits and what each room Shall be utilized for in this business.This diagram should be no larger than 8 1/2'X 11'.(Doesn't have to be to scale) 12. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies), will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money Ironythis business. Attach a separate sheet it necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST J0IA.J -T DR-Lai 30 % 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 Has a local ordinance or resolution authorizing optional premises been adopted? Number of separate Optional Premises areas requested. (See License Fee Chan) 14. Liquor Licensed Drug Store applicants,answer the following: (a) Does the applicant for a Liquor Licensed Drug Slore have a license issued by the Colorado Board of Yes No Pharmacy?COPY MUST BE ATTACHED. rgl 15. Club Liquor License applicants answer the following and attach: (a) la the applicant organization operated solely for a national,social,fraternal.patriotic,political or athletic purpose and g not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is t�. operated solely for the object of a patriotic or Iralernal 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 dub?(Three years required) 16. Brew•pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? al(Copy of permit or application must be attached)) r� 2 17a. Name of Manager(for all on•premiass applicants) )t�f— l�w/�i� ,Cmil/trig_i,Tlt UMW Date of Binh application for a Hotel,Reslaurant or Tavern License,the manager must also submit an Individual Hi ory Record(DR 84041).�/- 17b.Does this manager act as the manager of,or have a financial interest in,any other liquor Yea No licensed establishment in the Stale of Colorado? II yes,provide name,type of license and account number, o of 16. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, No directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial inleresl Yes Na in the applicant currently have an outstanding tar distraint issued to them by the Colorado Department of Revenue? ❑ ig If yes.provide an explanation and include copies of any payment agreements. CIVIL APPLICANT RESPONSE ICN IFCS0001000000745908 CIDN OCA et" O4z-C<'' HALL,BILLIE JACK W 508 1953/11/28 MNU SOC SEX M FPC HENRY CLASS API OO0620000 SHERIFF' S OFFICE DATE FP GREELEY CO 2005/02/01 CC COCBI0000 COLORADO B OF I DENVER CO A SEARCH OF THE FINGERPRINTS ON THE ABOVE INDIVIDUAL HAS FAILED TO DISCLOSE PRIOR ARREST DATA. CJIS DIVISION 2005/03/29 FEDERAL BUREAU OF INVESTIGATION IliglilllllllIIIIIIIIII,I,,I,IIIulIluuIlIuIlIluIluII COCBI0000 CO BUREAU OF INVEST COLORADO CRIME INFO CTR STE 3000 690 KIPLING ST DENVER, CO 80215-5825 ,7731 Pic rice FAX TRANSMISSION COLORADO Weld County Clerk to the Board PO Box 758 Greeley,CO 80632 Fax: 970.352-0242 Phone:970-336-7215,ext.4217 4 To: Sabrina Date: May'( 2005 Fax: (303) 825-9061 Pages: 10+Cover From: Carol Harding, Deputy Clerk to the Board Subject: Liquor License Application-Bayou House, LLC, dba Doug Kershaw's Bayou House COMMENTS: Per your request last week,I have attached a copy of the Local Licensing authority section of the application form,as well as a corrected diagram of the premises,completion of#15 on the Individual History Record for Bill Hall, and a copy of his Promissory Note. The other item requested was an Individual History form for John Delay. Mr.Delay called your office,and Sheila told him a new DR8404 will not be necessary,since you have one on file for him. You will find that with the license for the Pegasus at Castle Rock. If you have any questions regarding his involvement,you may call him direct at(720) 217-5706. Of course, I am available to answer any questions or forward any other information to you which you require. Hopefully, this will complete the information needed for the application. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent ts. nsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. PROMISSORY NOTE I ktopal kaaft Data kostwitrmt t+an f GtiN f a6 ceoutrt officorAatissa 4e0.000.00` : ..0'1:2.4-2005:: 01-24-2006. s.«9 1010749m goggsmattm mittikim References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower: BILL J. HALL Lender: SIGNATURE BANK 32712 VISTA LAKE ROAD WINDSOR BRANCH O p GREELEY,CO 80631 355 EASTMAN PARK �11� WINDSOR,CO 80550 (970)674.3600 Principal Amount: $50,000.00 Initial Rate: 7.250% Date of Note: January 24, 2005 PROMISE TO PAY. BILL J. HALL("Borrower") promises to pay to SIGNATURE BANK("Lender"), or order,in lawful money of the United States of America,the principal amount of Fifty Thousand&00/100 Dollars(850,000.00)or so much as may be outstanding,together with interest on the unpaid outstanding principal balance of each advance. Interest shall be calculated from the date of each advance until repayment of each advance. • PAYMENT. Borrower will pay this loan in full immediately upon Lender's demand. If no demand is made, Borrower will pay this loan In one payment of all outstanding principal plus all accrued unpaid interest on January 24, 2006. In addition, Borrower will pay regular monthly payments of all accrued unpaid Interest due as of each payment date, beginning February 24, 2005,with all subsequent interest payments to be due on the same day of each month after that. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid interest;then to principal;then to any late charges;and then to any unpaid collection costs. Interest on this Note is computed on a 365/365 simple interest basis;that Is, by applying the ratio of the annual interest rate over the number of days in a year, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. VARIABLE INTEREST RATE. The interest rate on this Note is subject to change from time to time based on changes in an independent index which is the WALL STREET PRIME (the "Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable during the term of this loan, Lender may designate a substitute index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. The interest rate change will not occur more often than each DAY. Borrower understands that Lender may make loans based on other rates as well. The Index currently is 5.250% per annum. The interest rate to be applied to the unpaid principal balance of this Note will be at a rate of 2.000 percentage points over the Index, resulting in an initial rate of 7.250% per annum. NOTICE: Under no circumstances will the interest rate on this Note be more than the maximum rate allowed by applicable law. PREPAYMENT; MINIMUM INTEREST CHARGE. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment(whether voluntary or as a result of default), except as otherwise required by law. In any event, even upon full prepayment of this Note, Borrower understands that Lender is entitled to a minimum interest charge of $100.00. Other than Borrower's obligation to pay any minimum interest charge, Borrower may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve Borrower of Borrower's obligation to continue to make payments of accrued unpaid interest. Rather, early payments will reduce the principal balance due. Borrower agrees not to send Lender payments marked "paid in full", "without recourse", or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: SIGNATURE BANK,WINDSOR BRANCH, 355 EASTMAN PARK DRIVE, WINDSOR, CO 80550. LATE CHARGE. If a payment is 15 days or more late, Borrower will be charged 5.000%of the regularly scheduled payment. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, Lender, at its option, may, if permitted under applicable law, increase the variable interest rate on this Note to 6.000 percentage points over the Index. The interest rate will not exceed the maximum rate permitted by applicable law. DEFAULT. Each of the following shall constitute an event of default("Event of Default") under this Note: Payment Default: Borrower fails to make any payment when due under this Note. Other Defaults. Borrower fails to comply with or to perform any other term, obligation, covenant or condition contained in this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. Default in Favor of Third Parties. Borrower or any Grantor defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrower's property or Borrower's ability to repay this Note or perform Borrower's obligations under this Note or any of the related documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the insolvency of Borrower, the appointment of a receiver for any part of Borrower's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any governmental agency against any collateral securing the loan. This includes a garnishment of any of Borrower's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any Event of Default. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may declare the entire unpaid principal balance on this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender the reasonable costs of such collection. This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including without limitation attorneys' fees and legal expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. If not prohibited by applicable law, Borrower also will pay any court costs, in addition to all other sums provided by law. JURY WAIVER. Lender and Borrower hereby waive the right to any Jury trial In any action, proceeding,or counterclaim brought by either Lender or Borrower against the other. GOVERNING LAW. This Note will be g d by federal law applicable to Lender and,to the extent not preempted by federal law,the laws of the State of Colorado without regard to its conflicts of law provisions. This Note has been accepted by Lender in the State of Colorado. CHOICE OF VENUE. If there is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of WELD County, State of Colorado. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorized charge with whir.h Borrower pays is later dishonored. PROMISSOrlY No'rE Loan No: 1000107-01 (Continued) Page RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrower's accounts with Lender(whether checking, savings, or some other account). This includes all accounts Borrower holds jointly with someone else and all accounts Borrower may. open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by..., law. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the debt against any and all '?, such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. Borrower acknowledges this Note is secured by UNSECURED. LINE OF CREDIT. This Note evidences a revolving line of credit. Advances under this Note, as well as directions for payment from Borrower's tf accounts, may be requested orally or in writing by Borrower or by an authorized person. Lender may, but need not, require that all oral requests be confirmed in writing. Borrower agrees to be liable for all sums either: (A) advanced in accordance with the instructions of an authorized +.,,.1j person or (B) credited to any of Borrower's accounts with Lender. The unpaid principal balance owing on this Note at any time may be evidenced by endorsements on this Note or by Lender's internal records, including daily computer print-outs. Lender will have no obligation to advance funds under this Note if: (A) Borrower or any guarantor is in default under the terms of this Note or any agreement that Borrower or any guarantor has with Lender, including any agreement made in connection with the signing of this Note; (B) Borrower or any guarantor ceases doing business or is insolvent; (C) any guarantor seeks, claims or otherwise attempts to limit, modify or revoke such guarantor's guarantee of this Note or any other loan with Lender; (D) Borrower has applied funds provided pursuant to this Note for purposes other than those authorized by Lender;or (E) Lender in good faith believes itself insecure. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon Borrower, and upon Borrower's heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. GENERAL PROVISIONS. This Note is payable on demand. The inclusion of specific default provisions or rights of Lender shall not preclude Lender's right to declare payment of this Note on its demand. Lender may delay Cr forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability. All such parties agree that Lender may renew or extend (repeatedly and for any lencth of tune) this loan or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UUU:CERST00D ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS. BORROWER AGREES TO Tl lb TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COP? OF THIS PPOM SSOnY NOTE. BORROWER: X COPY BILL J. HALL LASER FAO landing.Ye.5.15 00.000 Copt.W,,d,nm.b 6:Fn M!!l._ate ,I, t'0'e.S..Q. -COtKFlLL0.1D]O.FC TOIE PR DR 8404(t Ot2I1/04)Page 4 19. If applicant is a corporation,partnership,association or limited liability company,applicant must list ALL OFFICERS.DIRECTORS, �I. GENERAL PARTNERS,AND MANAGING MEMBERS.In addition applicant must list any stockholders,partners,or members with OWNER- SHIP OF 1a%OR MORE IN THE APPLICANT.ALL PERSONS LISTED BELOW must also attach form DR 8404-I(Individual History record). and submit finger print cards to their local licensing authority. NAME HOME ADDRESS.CITY STATE DOB POSITION %OWNED' / T/.lr�// 317/, ✓sits/r .� Aw4en w+-+mac— 30% $�f y . • 'It total ownershp percentage disclosed here does not total 100%applicant must check this box ❑Applicant affirms that no Individual other than these disclosed herein.owns 10%or more of the applicant Additional Documents to be submitted by type of entity ❑ CORPORATION 0 Cen.of tncory. 0 Cert.of Good Standing(if more than 2 yrs.old) 0 Cen.of Audi.(if a foreign mrp.) 0 PARTNERSHIP 0 Partnership Agreement(General or Limited) 0 Husband and Wde partnership(no written agreement) ®LIMITED LIABILITY COMPANY 0 Articles of Organization 0 Cen.of Authority(9 foreign company) 0 Operating Agrmt. ❑ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(d applicable) Address for Service OATH OF APPLICANT 1 declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowledge.I also acknowledge that It is my responsibility and the responsibility o/my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. riz nature Title ,,//aa�� �.r I Dale REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY(CITY/COUNTY) Date application tiled with local authority Date of local authority hearing(for now license applicants;cannot be less than 30 days from dale of application 1247411(1))C.R.S. ,t -9-or 1 - a 3-os THE LOCAL LICENSING AUTHORITY HEREBY AFFIRMS: That person required to tits DR 6404-I(tndivdual History Record)has: Yes No Been fingerprinted �❑ aitgen subject to background imesllgatlon,Including NC IC/CCIC check for outstanding warrants (�❑ Thal the local authority has conducted.or Intends to conduct,an inspection of the proposed premises to ensure that the applicant is In compliance with,and aware of,liquor code provisions affecting their class of license IVO (C One) \\ L7,{Ipte of Inspection or Anticipated Date 7 ft? —f� C (PKre4 I Ni/A a'n'�l/� S A ( Gbh-44'161 _1a •_�a,17 [1'.o.,approval of stale licensing authority.—"Q 1 � i fr4.i»4 o'f tits J -IF) Weer Hi rrt€-(a't4.OQ '�l%hJA'�O'a The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. Wedoreport thatsuch Gcense,if granted,wi,..iitsonable requirements of the neighborhoodardthedesiresof theadult inhabitants, and will comply with the provisions of .P .I.. . 7,C.R.S. THEREFORE,THIS APPLICATION IS APPROVED. / Local Licensing Authority for ` Telephone Number 0 TOWN.CITY Weld County, Colored? I• „t1/43 (970)356-4000 X4200 ® COUNTY Signature ( g'i,fg.� H. Jerks. Chair Date �/V/}�.� �� �/�/,/1� '(°i�taT_nIl Board o Commigsionere 02/23/2005 Signal a.•.ssiv /U'"��u-^'rs'rl ,</ �._�dte Milk) Date ` ( %! O ark to e Board 02/23/2005 Clerk to the Board e OW05-064°1 DoG ktksAA 1,3 15 r i C { z T qb. l ' /Adl M A f--• 15221. i • oFha. pmt: `S • s . .ertf12l+kcL. Coster f A. E, Qu1/49A AREA- ?:\ 12.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court or do you have any charges pending?(If yes,explain in detail.) Yea No 19.Have you ever received a violation notice,suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer ISlicense anywhere in the U.S.?If yes,explain In detail. �Yes No 14,List all current and former employers or businesses engaged In within the last five years(Attach separate sheet If necessary) NAME OF EMPLOYER ADDRESS(STREET,NUMBER,CITY,STATE,ZIP) POSITION HELD FROM TO S la 11 lxfife) Eig-Ckmzc Rsslilh# c;/vu ,,, 01I MANA6r,s ` t .11-13t *L Out S;,SL...1o1 60631 Ps;Die d /987 "Mc At TIt//uil/� CC.4,21„44' n-Id 1I4-1, kvt5t tL2010,iebte Ven;DEN/ 1nanciai Information. iffenii Total purchase price$0 77),iff0 (if buying an existing business)OR list the total amount of your investment in the new business, including notes,loans,cash,serfices or equipment,and operating capital $ Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet If needed. Type:Cash,Services or Equipment Where Obtained(Savings,Checking,Account,etc.) Amount LIAL CA 1.402 71a kesanenl gAnk &awl saio t, 13 Domino/ ens: M,ic14.1,) Boma) - s w- - gaival ! S4s75s I4 P oc e c.,s a�0rd ��► _ Loan Information(attach copies of all notes or loans) Name of Lender Address Term Security Amount 41g4Inggirr&—Sse � AA l 441/ C g/24N.4N0 (DWO/V 4t, Af4 140 rift i, H43ycy9 6s-ta on A6rs11$s 16.Give name of bank where business account will be maintained;name the account will be maintained under;and the name or names of persons authorized to draw thereon. / l Ci}cA , '$4/VA — ' 1 D 4busc LL C — 8,7/ 161/ -oIti,,, bP/4y Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of my knowledge. Authorized gnat a Title Date The printed portions of this form,except differentiated additions,have been approved by the Colorado Real Estate I Commission.(NTD 81-5-04) IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION,CONSULT LEGAL COUNSEL. THIS IS A LEGAL INSTRUMENT.IF NOT.UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. PROMISSORY NOTE U.S.$ 515,785.83 Greeley ,Colorado Date January 24, 2005 I. FOR VALUE RECEIVED,the undersigned(Borrower)promise(s)to pay to the order of Michael E. Branand at 6740 N. Highway AlA, Fort Pierce, Florida 34949 or order,(Note Holder)the principal sum of $515.785.83 U.S. Dollars. with interest on the unpaid principal balance from 1/24/05 , until paid.at the rate of 9% percent per annum. Principal and interest shall be payable at Lender's address above shown or such other place as the Note Holder may designate,in monthly payments of Five Thousand Dollars (U.S.$ 5,000.00 ),due on the first day of each month beginning 1/1 /05 . Such payments shall continue until the entire indebtedness evidenced by this Note is fully paid: provided, however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon,shall be due and payable on 7/1/05 2.Borrower shall pay to the Note Holder a late charge of 4 % of any payment not received by the Note Holder within 5 days after the payment is due. The late charge shall be in addition to the default • rate of interest. 3.Payments received for application to this Note shall be applied first to the payment of late charges, if any,second to the payment of accrued interest specified above,and the balance applied in reduction of the principal amount hereof 4. If any payment required by this Note is not paid when due,or if any default under any Deed of Trust securing this Note occurs, the entire principal amount outstanding and accrued interest[heron shall at once become due and payable at the option of the Note Holder(Acceleration);and the indebtedness shall bear interest at the rate of 15 percent per annum from the date of default. The Note Holder shall be entitled to collect all reasonable costs and expense of collection and/or suit, including, but not limited to reasonable attorneys'fees. 5. Borrower may prepay the principal amount outstanding under this Note, in whole or in part, at any time without penalty except Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent payments or change the amount of such payments. 6. Borrower and all other makers, sureties, guarantors, and endorsers hereby waive presentment, notice of dishonor and protest, and they hereby agree to any extensions of time of payment and partial payments before, at, or after maturity. This Note shall be the joint and several obligation of Borrower and all other makers, sureties, guarantors and endorsers, and their successors and assigns. 7. Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon (1) delivery to Borrower or(2)mailing such notice by first-class U. S.mail, addressed to Borrower at the Borrower's address NTD 81-5-04 PROMISSORY NOTE Page 1 oft • stated below, or to such other address as Borrower may designate by notice to the Note Holder Any notice to the Note Holder shall be in writing and shall be given and be effective upon( I) delivery to Note Holder or(2)by mailing such notice by first-class U.S.mail.to the Note Holder at the address stated in the first paragraph of this Note,or to such other address as Note Holder may designate by notice to Borrower. 8.The indebtedness evidenced by this Note is secured by a Deed of Trust dated 1/24/05 and until released said Deed of Trust contains additional rights of the Note Holder. Such rights may cause Acceleration of the indebtedness evidenced by this Note. Reference is made to said Deed of Trust for such additional terms. Said Deed of Trust grants rights in the property identified as follows: Property address: 33131 Highway 85 Lucerne Colorado 80646 (CAUTION: SIGN ORIGINAL NOTE ONLY/RETAIN COPY) IF BORROWER NA RAL PERSON(S): � �\� t /Fait- oc ` Bill Hall ( John Delay doing business as IF BORROWER IS CORPORATION: ATTEST: Name of Corporation by Secretary President (SEAL) LIMITED LIABILITY COMPANY: IF BORROWER IS Bayou House, LLC ameo LLC 111-05 *immt. IJ� �cc mW14 K Manager/Member A,Borrower's address: I ') fl O I I -h.l.� D- 3 G f1 £ill conC-3/ KEEP THIS NOTE IN A SAFE PLACE.THE ORIGINAL OF THIS NOTE MUST BE EXHIBITED TO THE PUBLIC TRUSTEE IN ORDER TO RELEASE A DEED OF TRUST SECURING THIS NOTE. NTD 81-5-04 PROMISSORY NOTE Page 2 of 2 NOTICE OF FINAL AGREEMENT SOPOntAttalina AKf:811 Oats : I196t1ITlt(t < S*00041,10: :::No caglCetl i 00gLttTt f hcer ' 1Mi N 1S References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower: BILL J. HALL Lender: SIGNATURE BANK 32712 VISTA LAKE ROAD WINDSOR BRANCH GREELEY. CO 80631 355 EASTMAN PARK DRIVE WINDSOR,CO 80550 (970)674-3600 BY SIGNING THIS DOCUMENT EACH PARTY REPRESENTS AND AGREES THAT: (A1 THE WRITTEN LOAN AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES, (B) THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES, AND (C) THE WRITTEN LOAN AGREEMENT MAY NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR UNDERSTANDINGS OF THE PARTIES. As used In this Notice,the following terms have the following meanings: Loan. The term "Loan" means the following described loan: a Variable Rate Nondisclosable Revolving Line of Credit Loan to an Individual for $50,000.00 due on January 24, 2006. The reference rate (WALL STREET PRIME, currently 5.250%) is added to the margin of 2.000%, resulting in an initial rate of 7.250. Loan Agreement. The term "Loan Agreement" means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan, including without limitation the following: LOAN DOCUMENTS Customer Information Profile: BILL J. HALL Promissory Note Disbursement Request and Authorization Notice of Final Agreement W-9 Request for Taxpayer ID Number and Certification: BILL J. HALL Parties. The term "Parties' means SIGNATURE BANK and any and all entities or individuals who are obligated to repay the loan or have pledged property as security for the Loan, including without limitation the following: Borrower: BILL J. HALL Each Party who signs below, other than SIGNATURE BANK, acknowledges, represents, and warrants to SIGNATURE BANK that It has received,read and understood this Notice of Final Agreement. This Notice Is dated January 24, 2005. BORROWER: X CoP� BILL J. HALL LENDER: SIGNATURE BANK X Bob Hinderaker,President LAM,PO L'dmu.V .e.a.OPW Cop,.Monona reww NYYm,.w..,n7.]0.O. AP MMu IYVM. .CO L:1C,NIWi1 IC 1W75 MA • DISBURSEMENT REQUEST AND AUTHORIZATION ♦Pt Ry5�R. Losrt Date ABttHrllY i Bel ikp eaa'F coil .. �Sccourlk :E:11999196717 :::Y5�x00G0O 41:-242005.<>0142442006gimE4000I0741ME EMEMEEMitena ENESSENESEMms References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing has been omitted due to text length limitations. Borrower: BILL J. HALL Lender: SIGNATURE BANK 32712 VISTA LAKE ROAD WINDSOR BRANCH GREELEY, CO 80631 355 EASTMAN PARK DRIVE WINDSOR, CO 80650 (970)674-3600 LOAN TYPE. This is a Variable Rate Nondisclosable Revolving Line of Credit Loan to an Individual for 950,000.00 due on January 24, 2006. The reference rate (WALL STREET PRIME,currently 5.250%) is added to the margin of 2.000%, resulting in an initial rate of 7.250. PRIMARY PURPOSE OF LOAN. The primary purpose of this loan is for: 0 Personal,Family,or Household Purposes or Personal Investment. O r,..�1[\/� ® Business(Including Real Estate Investment). �LJ� V SPECIFIC PURPOSE. The specific purpose of this loan is: COMMERCIAL. DISBURSEMENT INSTRUCTIONS. Borrower understands that no loan proceeds will be disbursed until all of Lender's conditions for making the loan have been satisfied. Please disburse the loan proceeds of $50,000.00 as follows: Undisbursed Funds: $50,000.00 • Note Principal: $50,000.00 CHARGES PAID IN CASH. Borrower has paid or will pay in cash as agreed the following charges: Prepaid Finance Charges Paid in Cash: $100.00 $100.00 Loan Fee • Total Charges Paid in Cash: $100.00 FINANCIAL CONDITION. BY SIGNING THIS AUTHORIZATION, BORROWER REPRESENTS AND WARRANTS TO LENDER THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND CORRECT AND THAT THERE HAS BEEN NO MATERIAL ADVERSE CHANGE IN BORROWER'S FINANCIAL CONDITION AS DISCLOSED IN BORROWER'S MOST RECENT FINANCIAL STATEMENT TO LENDER. THIS AUTHORIZATION IS DATED JANUARY 24,2005. BORROWER: X COPY BILL J. HALL wtS POO..Sb..Va.1.20.00.000 Cw.Hein,FMa+MWYn.w.U557,CON. 4 MOM R1\S5. -CO LCEN0.SO.FC 15-75 51,5 • utI S` Zcr WELD t:0MMUN I TY FEDERAL CREDIT UNION Teller: :YPr' P,rt lh��i11bC 2�,+y %.4 ,bs 2Ce f3 329 4 of 1 07 321 !�1—;=6-0;, 10:06 i_;''f 0'.1-26-05 t ;S 3�s7.��I > C i�c fir_'POT' , v�i �Ul►�.FJkh � '799.7S ** **NEED EXTRA HOLIDAY MONEY?***** rig 118'`.CY' ! op t.ASKABOUT OUR HOLIDAY LOAN WITH �'E 1 14, 127. 82 AS REPAY.LOW AS 9.99% & A 1—YR. , Nets' r?„1 �;et a 14,cc1.OS. , DON' T ICOMMI SILVERADO OIL-MANAGEMENT BILL HALL, PRES 1220 11TH AVE SUITE 201 GREELEY CO 80631 SIGNATURE • Total. Cash,To Member: C FAX TRANSMISSION COLORADO Weld County Clerk to the Board PO Box 758 Greeley,CO 80632 Fax: 970-352-0242 Phone:970-336-7215,ext.4217 To: Sabrina Date: May 18, 2005 Fax: (303) 205-2341 Pages: 1 +Cover From: Carol Harding, Deputy Clerk to the Board Subject: Bayou House COMMENTS: Attached is the addition of#16 to John Delay's Individual History Record. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in en-or, please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. 9-€L1f-L..„(..r ; —��Q). ,3��.1,4 �,`;,1�, ,,� f � �7� -4 ; 12. Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending?(If yes,explain in detail.) Yes U NO 13. Have you ever received a violation notice,suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail. Yes No 14.List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary) NAME OF EMPLOYER ADDRESS(STREET, NUMBER, CITY,STATE,ZIP) I POSITION HELD I FROM I TO 15. Financial Information. Total purchase price$ (if buying an existing business)OR list the total amount of your investment in the new business, including notes,loans,cash,services or equipment,and operating capita! $ Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet if needed. Type: Cash,Services or Equipment Where Obtained(Savings,Checking,Account,etc.) Amount Loan Information(attach copies of all notes or loans) Name of Lender — Address Term Security Amount 16.Give name of bank where business account will be maintained;name the account wit be maintained under;and the name or names of persons authorized to draw thereon. Cyr c 0., -- c- — << -‘ Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date FAX TRANSMISSION COLORADO Weld County Clerk to the Board PO Box 758 Greeley,CO 80632 Fax: 970-352-0242 Phone:970-336-7215,ext.4217 To: John Delay Date: May 10, 2005 Fax: (720) 733-6960 Pages: 2 +Cover From: Carol Harding, Deputy Clerk to the Board Subject: Individual History Record COMMENTS: You may fax the document back to me;however,I do need your original signature in my file, so please mail the original to me after you fax it. Thanks. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. I 0 th LC/r TEMPORARY CERTIFICATE OF I icir k\ wage OCCUPANCY COLORADO WELD COUNTY, COLORADO DEPARTMENT P OF BUILDING INSPECTION ,, I ISSUED TO: QU {A - • I I THIS CERTIFICATE IS ISSUED PURSUANT TO THE REQUIREMENTS OF SECTION 29.3-280 OF THE WELD COUNTY CODE. IT i CERTIFIES THAT AT THE TIME OF ISSUANCE NO MAJOR CODE VIOLATIONS WERE OBSERVED AT THE FINAL INSPECTION; I AND MINOR ITEMS ARE TO BE CORRECTED BY THE CONTRACTOR. THIS BUILDING APPEARS TO CONFORM WITH THE WELD COUNTY CODE REGULATING BUILDING CONSTRUCTION AND USE. ITEMS TO BE CORRECTED ARE AS FOLLOWS: I �.� corn' g Ole..deti ''12,3 ICC L-&- B rOS-a 2$ t t r- I DESCRIPTION OF BUILDING OR PORTION OF BUILDING: _1w-re-zioie /11n c)P..J I I I USE CLASSIFICATION: 11•-f fat- /6 BUILDING PERMIT NO: g� Uj2 TYPE OF CONSTRUCTION: ZONING DISTRICT: C -3 ?. i LEGAL DESCRIPTION: SECTION , TOWNSHIP N, RANGE WEST OF THE 6" P.M. WELDCOUNTY, COLORADO h I SUBDIVISION: LOT: BLOCK: I BUILD AA DRESS: 1331b' 4i4wrtt Fc5 f, 1 6 \,k4, ' Le4t6- WELSC0UNTY BUILDING INSPECTOR DATE to POST IN A CONSPICUOUS PLACE Hello