HomeMy WebLinkAbout820755.tiffRESOLUTION
RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LICENSE NUMBER 82-3
ISSUED TO GOLDEN SANDS INC., D/B/A THEO'S, GREELEY,
COLORADO - EXPIRES FEBRUARY 3, 1983
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, Golden Sands Inc., d/b/a Theo's, 2630 S. Sixth
Avenue, Greeley, Colorado, has presented to the Board of County
Commissioners of Weld County, an application for a Tavern
License for the sale of malt, vinous and spirituous liquors
for consumption on the premises only, and
WHEREAS, pursuant to Weld County Ordinance No. 6, Section
II., C., said applicant has paid the sum of $50.00 to the County
of Weld for the renewal of the existing license, and
WHEREAS, said applicant has paid to the County of Weld, the
fee of $48.75 as provided by law for issuance of such County
License, and said applicant has exhibited a State Liquor License
for the sale of malt, vinous and spirituous liquors for con-
sumption on the premises only, outside the corporate limits
of any town or city in the County of Weld at the location
described as follows:
2630 S. Sixth, Avenue, Greeley, Colorado
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 82-3 to said applicant to sell malt,
vinous and spirituous liquors for consumption on the premises
only, at retail at said location, and does hereby authorize and
direct the issuance of said license by the Chairman of Board
of County Commissioners of Weld County, Colorado, attested to
by the County Clerk and Recorder of Weld County, Colorado,
which license shall be in effect until February 3, 1983,
providing however, that said place where the licensee is
authorized to sell malt, vinous and spirituous liquors for
42075;,
Q-cotL14f
Page 2
RE: GOLDEN SANDS INC.
consumption 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.
The above and foregoing Resolution was, on motion duly
made and seconded, adopted by the following vote on the 25th
day of January, A.D., 1982.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ABSENT DATE SIGNED
John T. Martin, Chairman
ATTESTiut
Weld County Clerk and Recorder
and--&lerk to the Board.,
ck Carlsorf, Pro- em
Norman Carlson
K.-arnals
e Steinma
County Attorney
DATE PRESENTED: FEBURARY 17, 1982
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DEPARTMENT OF REVENUE
GOLDEN SANDS INC
THEOS
2630 S 6TH AVE
GREELEY CO 80631
MALT, VINOUS AND SPIRITUOUS
LIQUOR LICENSE
YOUR LICENSE EXPIRES
FOR THE YEAR ENDING
USE LICENSE RE NUMBER FOR E I A E l l l i v INFORM I E l O N ..
ALL REFERENCE �eourvry crtJ� House TYPE, LIABILITY DATE
14-21424 03 057 5813 3 020482 FEB 3, 1983
TYPE NAME AND DESCRIPTION OF LICENSE
T TAVERN LI UOR LICENSE
_-. R -- - -- $ 25,00
COUNTY_85 PERCENT OAP FEE
FEE
T $216.25
F
$301.25
TOTAL FEE(S)
THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF
COLORADO AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12,
ARTICLE 47, CRS 1973, AS AMENDED.
THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICU-
OUSLY POSTED IN THE PLACE ABOVE DESCRIBED.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND
SEAL FEB__L0 1982 -.
v4,44)". Ci4,,,,,-s-D
DRL 402E (REV. 17/79) DEPUTY DIRECTOR EXECUTIVE DIRECTOR
��1
.L 404 (REV. 6/79)
STATE OF COLORADO
DEPARTMENT OF REVENUE/LIQUOR ENFORCEMENT
APPLICATION FOR A
LIQUOR LICENSE
DATE OF
ISSUANCE
OF LICENSE:
LIQUOR
LICENSE
NUMBER:
EXPIRATION
DATE:
This application, and all applicable fees and attachments, must be
filed with the Colorado Department of Revenue, Liquor Enforcement
Division, State Capitol Anne,, 1375 Sherman Street, Denver
Colorado 80261, (303) 839-3741.
Each applicant (including all general and over 5% limited partners of
partnership and all officers, directors and over 5% stockholders of a
corporation) and managers must complete and file form DR L 404-I,
"Individual History Record" with this application.
For those retail licenses described in Column A, be ow, this application
must FIRST BE FILED WITH AND APPROVED BY THE LOCAL
LICENSING AUTHORITY.
IMPORTANT: Check the appropriate box for the type of license(s)
being applied for. This is an original application and a copy must be
kept in your files for reference when applying for renewal licenses.
You may attach separate sheets or additional documents if necessary
to fully complete this application.
COLUMN A
State Local
Fees Fees
COLUMN B
State
Fees
❑ LIMITED WINERY LICENSE
($10,000 bond required)
❑ WINERY LICENSE
($10,000 bond required
❑WHOLESALE BEER LICENSE
(May require bond)
❑ WHOLESALE LIQUOR LICENSE
($10,000 bond required) - - -
❑ MANUFACTURER LICENSE 1,000.00
($10,000 bond required)
❑ IMPORTER'S LICENSE 250.00
❑ BREWERY (BEER) LICENSE - 250.00
❑ PUBLIC TRANSPORTATION LICENSE _ leach 25.00
(Plane, bus, tar)
O RETAIL LIQUOR STORE LICENSE -City $177.50_$22.50
❑RETAIL LIQUOR STORE LICENSE -County 262.50 37.50
❑ LIQUOR LICENSED DRUGSTORE -City 177.50 22.50
❑ LIQUOR LICENSED DRUGSTORE -County 262.50_ 37.50
❑ BEER & WINE LICENSE -City 152.50 22.50
O BEER & WINE LICENSE -County 237.50 37.50
❑PEER & WINE LICENSE -Resort Hotel 170.00_ 30.00
- O CLUB LICENSE 110.00 16.00
❑ HOTEL & RESTAURANT LICENSE -City & County 301.25 48.75
Er LICENSE -City & County 301.25_ 48.75
RACE TRACK LICENSE 301.25 48.75
❑ARTS LICENSE - 110.00 15.00
O EXTENDED HOURS SPECIAL LICENSE (Beer and Wine, 170.00_ 30.00
Hotel and Restaurant, Club, Tavern, and Arts)
O TRANSFER OF OWNERSHIP OR LOCATION
❑ OTHER
$ 25.00
250.00
500.00
1,000.00
The undersigned hereby makes application for a state license as indicated above tinder the provisions of Title 12, Article 47, CRS 1973 as
, amended, and for that purpose makes the following answers to the questions contained in this application. Every applicable question must be
wlpnswered. Any false answer or statement made by the applicant herein or in an attachment hereto constitutes perjury and the person making
-"S.,pc h false statements subjects any license Issued herein to revocation.
ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
ix
ame of Applicant(s):
¢LD/ZM SAilbc /7t/G fi CoLon-AbeCoyehA7.4,
Social Security or Taxpayer I9.No.:
/spry Lice
2 Trade Name of Establishment: - .,. ^ '- r Business Telephone:
7A EC `S f6 - Yin
3.\ddress of Premises: ( Exact location of premises must be given. Give street and number, when possible. if place to be licensed is located in a town or rural dis-
trict where It is Impossible to give street and number, the lot and block number or pert of section where located must be given) J r i. ( rv,
A2 6 3o S, l(,49 �vr_ �r/Cr�.rbey c,L 4#vpo " 6'463/
4 Mailing Address: (Number and Street City or Town:
630 S, .6, 14 Ayr
County:
G-aD
State
Co o,i App
6. Are these premises now licensed under the State Liquor or Beer Code? If answer is "yes", to whom Is the license issued?
pitVES 'ONO ,•5.+- _ _. ., � .i t, a.,
Trade Name of Establishment: - State License No.: Type of License: Expiration Data:
Zip Coda
06'3/ '..
/t—//3 cif
•t2-3 / 4/,L
6. Does the applicant have legal possession of the premises for which this application for license is made? If answer is "no", explain in detail,
Page 114
Continued
7 Are.se premises owned or leased? If leased, from whom?
OWNED 44" LEASED Aie ,,t2 ti (moo L/Jr �/1 k.i�"� ,,ft'"G.6/4 nt-i 2a/tn wonA Ce[o 802.4
Attach copy of deed;lease or contract, and Interior plans and specifications of building, If built, or if not built, attach plot plan, Interior sketch and architect's
drawing of the budding to be constructed 1' 3 I �-
r i).jr r , -,I 4?A-.;;i'4Y 4q*+ ..
et Jf th$444, sfft',$Jocatlon, on whet date do you plan to move?
lifip
9, Has tit; appdyailtshled a Form 11 with the Internal Revenue Service? If answer is"no", explain in detail.
Y S" ENO 4 A/to A-
-
104.
applicant; or, all over 5% partner's; or officers, over 6% stockholders or directors of the corporation; citizens of the United States? It answer is "no", g!e
name andr&No% Registration Card Number end Premanent Residency Card number,
.1104
Y
1
st
• applicant; or any of the over 5% partners; or officers, over 5% stockholders or directors of said applicant (if a corporation); or manager of applicant; under
of -twenty-one years?
a applicant; or any of the over 5% partners; or officers, over 5% stockholders or directors of said applicant (if a corporation); or employees of applicant;
Mons lending assistance or financial support to the applicant ever been convicted of a crime? If answer is "yes', explain in detail,
oples of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including a corporation) will
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,
sales, giving of advice or consultation,
$' es the applicant or any of the over 5% partners; or officers, directors or over 5% stockholders of said applicant (if a corporation); or employees of applicant;
(a)bekh denied an alcoholic beverage licenser' (b) had'ah aeoholia beverage license suspended or revoked.
If answer is "yes", explain in detail; (Attach separate sheet if necessary.)
14, Does the applicant have a Colorado State Sales Tax Account? If answer is "yes', give Account number,
YES';.'' uNO AA in -a f. A-
15. Do the applicable zoning laws permit the sale of alcoholic beverages on the 16. Has a retail liquor license for the licensed premises been refused within the
-licensed premises? _ preceding two years?
l,.
•.YES -t ON UYES NC.
17. Does or did the applicant; or any of the partners; or officers, directors or stockholders of said applicant (if a corporation), have a direct or indirect interest in
any other Colorado Liquor license (include loans to or from any licensee, or interest in a loan to any licensee)? If the answe/ is "yes", explain in detail. ,
1L..Identify the persons, firms or corporations who now or will have, a financial interest, evidenced either by loans or equity ownership in the business for which
this license is requested. State the names and addresses, and the amount and source of such financial interest expressed in dollars or other items of value, such
as Inventory, furniture or equipment, (Use separate sheet if necessary)
Name:' Address: Interest:
/feint /; A/MMt91 h /0.70 $'ii
na7.i/LC. /J4 LA ct/n2, oob Coto
/e)0 o a
)t/%A 72a C-eLn 2u,‘4 r2S,T t"' e ft
Av,c 114k/-wv,b C/L0 ,Qb 2y ti /9"'Wh,ao7LiLie( a Ans Td ,cti1
19. List the names and addresses of all businesses in which any of the persons in the previous question are materially interested. (Use separate sheet if necessary):
Name: Business: - Address:
pc:, If AI*eic flA4t'Dtat .. f r £4AAwr,4 G.L.
1 zttA. ._ /r.l A 2B -s6 Aftf, t, /IA aa44 Jz , x hi f4A&-L 9- J24-41 044 en -if
20. Are the licensed premises located within 500 feet of any premises occupied by a public or parochial school, or the principal campus of any college, university
or seminary? If answer is "yes", answer in detail.
▪ YES
21. Does the applicant for a Liquor Licensed Drug Store have a Drug Store License issued by the Colorado Board of Pharmacy? If answer is "no", explain in detail.
▪ YES E:INO
22. Is the applicant, or does the applicant for a Liquor Licensed Drug Store employ a Registered Pharmacist in the State of Colorado? If "yes", give License No.
▪ YESNO.
23. If the applicant is an individual or partnership, answer the following: (Attach separate sheet if necessary)
�INDI V IDUAL PARTNERSHIP,
11/4
NA
(a) Name of individual or name and class of eacn partner:
Home Address and City:
Date of Birth:
% of ownership:
(b) Name of Manager:
Home Address and City:
Date of Birth:
(c) If partnership, when did said partnership commence doing business? (Attach a copy of the partnership agreement (except husband and wife) and trade name
affidavit)
2/4
'Attach the management agreement,if written, or if none, attach a statement setting forth the duties, terms Continued
and compensation of the marry'' r.
f�
D/L'404 (Continued)'
24. If the applicant is a corporation, answer the following:
(a) Corporation is organized under the laws of the State of:
CoLo2gb0
Date:
f;E,oT.1,/9F/
(b) Principal business is conducted at
G 30 2, 14 4p•z €At(Licy
(c) Date of filing last annual corporate report to th secretary of state:
/Y/, A/ /C
County of:
Ire ,
State of:
Cot e/Lit 40
Id) Name of each officer listed below:
/} President:
flL'A 6 T P A1; U/3 et -ti
Home Address and City:
Nit 57.. /=e ,7/,: LL P/C IhIcitwopQ Co to 90274
Date of Birth:
—
(e) List all stockholders: Include actual owner or
Name of Stockholder: �/
/611/ct' P. Al JAI vii Li ofh
pledgee. (Use separate sheet it necessary) //
Home Address and City:
fh 7e S, pierzit L.�2, in`!F6✓pah C,24,7
' /)
%of stock: �
/0 07
',1i) '.t.,...,„,./
Date If Br )
�
If) Names of all Directors or Trustees
/ of Corporation:
,ct %` AI Plan 14-,'4
Xc4ta
Home Address and City:
070 S/',/RiLG Pet Li e-deereed CrA e02-Zt
Date of Birth:
.
#
Attadht a cpppy pf the;c//rtifisate.of incorporation, the articles of incorporation, the authority to transaa4 business in Colorado (if a foreign corporation), and the
corporate A',nutes authoriiing the filing of this application and electing the current officers and directors, or trustees).
plan to begin operating this business? It purchased, tram,wbomi
AAA /:'rc 1:14 fa ;l«O Z.
26. If.;l'l sppglication ii,46r(a,C(tld Liquor License, answer the following:
(a) Gornplet'e/(ter1142,(al through (d) en $,,f nd file all attachments described under item 25.
i.113‘
IV/
(b) Is the Ej6 iiittatlor pan ization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain?
OYES ONO
(c) How long has the club been incorporated?
(d) How long has applicant occupied the premises to be licensed as a club?
27. If the applicant is a manufacturer, importer or wholesaler, answer the following:
(a) Does applicant own, lease or operate any warehouse or storage plant in connection with its business?(if "yes", give full address),
OYES ONO
/V /-1
(b) If the applicant is an importer or manufacturer, does any owner, part owner, shareholder, director or officer have any direct or Indirect financial Interest in
an importer, manufacturer, wholesaler or retailer already licensed by the State of Colorado to sell malt, vinuous or spirituous liquor? If answer Is "yes",
attach explanation in detail _ ]
DYES ONO
(c) If the applicant is a wholesaler, does any owner, part owner, shareholder, director or officer have any direct or indirect financial interest In a wholesaler,
.11, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, virtuous or spirituous liquor? If answer Is "yes", attach,`;planation
.. in detail. ir:..
••❑YES ONO - "�" ,.�N,
(d) If the applicant is an importer or manufacturer, to what Colorado licensed wholesaler do you intend to ship your merchandise?
(e) If the applicant is an importer, are you the primary source of supply In the U.S.?
OYES NO
(f) (f) Does the applicant have a valid Federal Basic Permit? If "yes", attach a copy of the permit: If "no", explain in detail.
OYES NO ,k.74,
t74,
Page 3/4
•Attach the management agreement, if written, or if none, attach a statement setting forth the duties, terms
and compensation of the manager.
AFFIDAVIT
This affidavitis to be signed and acknowledged by individual, each general partner or partnership and by corporate applicants.
STATE OF COLORADO
,ctv7z�, rhiW �•f��(S-,�F
._a
COUN
JEFFERSON
ROBERT P. MIMNAUGH xeWac
y me first duly sworn, if for himself, deposes and says: that he is the, or a partner of, the applicant above named, or that he is '
(till President of the above named corporation; that he has read the foregoing application and attachments, an.) that he
knows the contents thereof, and that all matters and things therein set forth are true of his own knowlegde and he agrees to conform to all the
tides and regulations promulgated by the State Department of Revenue in connection therewith.
Subscribed and sworn to
this 5th day of Januar ,19 82 .
(Signature of P, rY nib
7675 WAS 1,i i� venue 'C!. -
Lakewtiq l�ttOd 0, HW&1215)
l ,,• rl < e
My/cif/40s; ‘9picRltrgs `4vt,
irr,;,� yAu�gtist 3, il:9: 3. ti i ,, r , ,r„
//, r ( ( (' C.` d.\1�,
rinn,m\Nvv•'
INDIVIDUALS AND ALL GENERAL PARTNERS OF PARTNERSHIPS
MUST•SIGN HERE:
ItJt P v Cot
vy
CORPORATIONS SIGN HERE:
By
(Corporate all
f'r "'fro 100
(Presiden , ice -Pr dent, or Secret )
'. REPORT AND APPROVAL OF LOCAL LIC SING AUTHORITY
The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory, and we do re-
port that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants, and complies
with the provisions of Title 12, Article 47, CRS 1973 as amended. THEREFORE THIS APPLICATION IS HEREBY APPROVED.
DATED AT
AT 4).s(7.
)s(7. ..(')
this 4J nday o
(Name of Town, City and County)
1+'
BY•
ATTEST
`ia"CJ /,‘
✓ 71./x'✓G(/.''L.�
, Chairman of Board of county commissioners or other title of the licensing authority.)
.111 61,A,„\at.;:ndt414Aarti
(Clerk, se tary of other officer having the official of trh'e licensing authority.)
Deputy County Clerk
If the 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 chair-
man of the board of county commissioners and the clerk to the board, If, by ordinance or otherwise, the local licensing authority is some other
official, then such approval should be given by such official.)
Page 4!4
i
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STATE OF COLORADG DEPARTMENT OF REVENUE
MANAGER'S REGISTRATION FORM
ALL ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN:
Every up plica:ion question must be answereo: Any false statement or answer
moue by licensee constiwtes "per/urv' and may result in the revocation of the
license. REGISTRATION FEE OF $ 75 MUST ACCOMPANY THIS FORM.
1. Name of Licensee• AFTER THE COLD RUSH, INC.--GREELEY
Business Telephone No (303) 232-7874
2. Trade Name of Establishment'
3. Address of Licensed Establishment 2630 6th Avenue
4. City or Tov-n' Greeley
41-2
14-14349
ACCOUNT No. of LICENSEE
DO NOT IVK/ If IN (Ht5 SPACE
(9 - 535:001
— —= — I�oberi Pc W hnaugair estdenf'
5 N-na of vznagerGolden Sands Inc.dba, Golden Sands Management Co.
6. r4anaper's Birth Date: 7 Manager's Social Security No
8. ,M:raa- is Hi -me ,,dr,-ess' 1 070 S. Foothill Drive Lakewood, Colorado 80228
9. Mana_er's Previous Employment for the last five f5) yearn Consultant food and beverage 12-1979 present
Booze & Beans Inc. 9110 W. 44th Ave. Wheat Ridge, Colorado 80033 April 1977 to
Dec 1979 President --Cielo's Restaurant Inc. dba, The Great Divide 11-1974-2-1978
1C. h'.,c a citizen of the United States of America? EX Yes No President
11. H,; :.....rya: ewer teen convicted of a felony in the State of Colorado or of a crime elsewhere? E.. Yes No
V •es 5'o'' jit -Itt- PS'
12. Has ,t:naer e•::r: (a; been denied a liquor license under liquor laws of any state J Yes IC No ; (b) had an alcoholic beverage
I.cen≤.c ,•.-need or revoked - Yes ?f No : (c! been convicted in court for violation of liquor law, regulation Yes IX No
It yes, state full details -
13. Etr•,ccvc cote of Manager's employment: September 15.1981 14. Expiration da'e' August 31. 1988
15 ,^..nranc-t,..n ,= t,.,n-gef.
16. Did i,k^alter ever manage liquor establishment in any other state? '?7 Yes E No
17 Does Manager have financial interest in this or any other liquor establishment? r; Yes Pc1 No If answer is yes, give name and
(ccatos of establishment -
18. Does 'r.lacager manage another "Hotel or Restaurant" licensed liquor estabiishment in Colorado? E Yes !7 No If answer is
yes, c:va name and location of establishment'
(The folloh frig affidavit is to be signed and acknowledged by individuals and each member of partnership and by corporation.)
STATE OF COLORADO
County of SS.
Denver
Subscibed and sworn to before me this 2nd E
day of September, / 19/8
Signature of Notary: \ n e.huLtA5 .{{ ,19.
My Commission expires. March 74 , 1985
INDIYi:UALS AND ALL MEMBERS OF PARTNERSHIP
MUST SIGN HERE.
.. _ _ 'PE. u .t), / I•.-47-119.
4774CH
SEAL
Dennis R. Muck
and
being
by me first duly sworn, if for himself, deposes and says, that he is the
licensee above named; or that he is President
of the above named corporation; that he has read the foregoing regis-
tration form and that he' knows the contents thereof, and that ail mat-
ters and things therein set forth are true of his own knowledge.
CORPORATION SIGN HERE: (Attach Seaa
AFTER 2HR-'GOLD RUSH, INC.--GREELEY,
XLam-.
(Corporate Name)
IP•es.ocnt or Secretary,
COUNTY OF WELD
APPLICATION FOR MALT, VINOUS AND SPIF
LIQUOR LICENSE
TO THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLO
The undersigned hereby makes application for a County Malnd
Spiritous Liquor Lidense.•
Ell COUNTY CBMLSSIONE..
rrC7s,:�
1. Name of Applicant(s)
God /1ru SA e1 D S' %NO
2. Home Address of Applicant (s) /070 5', tc o7 / L Z "64
L/“11 woop (a/,n2ADo 9022-e
3. Trade Name y 6 's
4. Business Telephone
3,1(- 4Ljs3
5. Home Telephone Number (s) . q f e- 23 %c
5. Business Address 2 6 30 S I ' 4v/.= /I/EEL€y e° IC ('0 63/
7. If Partnership, give names of partners; if a Corporation or Club, give
names of principal officers Ala 7 Mifrim u.fX P/Irs.bru;r
MAY k'kilsL<'y stic tTyt �zA _
8. Type of license
/
(circle)
Retail Liquor Store Tavern License Restaurant License Extended Hours
Liquor Licensed Drug Club License Arts License. Race Track License
(check one)
For Sales for consumption OFF the premises of licensee only.
I.//Cor Sales for consumption ON the premises of licensee only.
For Sales for consumption ON and OFF the premises of licensee.
0. Is establishment managed by other than licensee?
If so, give name:
10. EXACT LOCATION OF PREMISES. Give street and number, Lot and Block number
or Range, Township and Section (if possible give quarter of Section).
C 3 o C, (� >�' /91//i / Cd- o 6'063/
11. Do you have legal possession of the premises for which this application for
license is made? rt.('
12. Are the premises owned or rented? /re,./2 £,p
If rented, from whom?
//'7a fl,r (r/10 _itte, A Staff J At 6 'l 4 v& 4404I✓P017 C4., evZi 5L
'_3. State nature of* business conducted7h /,f,vN Ify/TCG,.A Cr, T,� /Si✓7��. %l+�H.h��N7
14. If restaurant, state whether other business is conducted except sale of
food, meals, drinks and tobaccos: AM
15. If club, state whether operating Ear a national, social, fraternal, patriotic
political or athletic nature: ?(//)
1. If club, state whether the property and advantages of club belong to
members:'
-If club, state whether it is for pecuniary gain: /(/4
"Is
of the United States?
Epplicant(s) or alloffioers of the corporation or club a citizen(s)
,/r s
19. Has applicant(s) a state license for the sale of Malt, Vinous and Spiritous
Liquor? No
20. Has applicant(s) ever been convicted of a felony?
21. If answer to question 20 is "yes", give full details:
/"O
22. Has applicant been adjudged guilty by a court of record of violating the
laws covering the prevention of gambling under the laws of the State of
Colorado, or under the laws of the United States? /(/D
23. If answer to question 22 is "yes", give full details:
24. W511 aoolicant(s) permit any wholesaler or manufacturer to be interested
financially by loan or otherwise, in applicant's business? A p
25. If answer to question 24 is "yes", give full details:
26. T1ill applicant(s) use any equipment, fixtures, chattles, decorations or
furnishings supplied or loaned by any manfacturer or wholesaler? ,4/0
27. If answer to question 26 is "yes", explain:
The applicant hereby agrees, if license is issued for sale of Malt, Vinous or
Spiritous liquor, as herein requested, the place of business used therefor
:gill be conducted in strict conformity with all laws of the State of Colorado,
and the rules and regulations of the Board of County Commissioners of Weld
2ounty, Colorado, relating thereto, and any conviction of violations of said
laws, rules and/or regulations shall be cause for revocation of such license,
:without further hearing thereon. The applicant(s) further agrees that he,
she (they) has full knowledge of the aforesaid state laws and Board rules and
regulations existing at the date of this application and agrees he, she (they)
pill keep advised as to all subsequent state law, Board rules and regulations,
That may be hereafter passed relating thereto during the term of said license.
STATE OF COLORADO)
:O!Ty OF N$k= ) ss
t.
JEFFERSON
ROBERT P. MIMNAUGH being first duly sworn on oath, desposes and
;evs: That he, RykiRmW1544b0 is/adsca the applicants) above named: That he, Nh*
(tiewheck has/Wom read the above and foregoing application and the answers made
:hereto, and well knows the contents hereof, and that the answers made to the
.n:terragatories therein set forth are true to his, Viblx4fatiticiV9 own knowledge.
Applicant (s)
Applicant (s
»scribed and sworn before me this 5th
cf
Ja. uary, •
, A:D. 1982.. .
@{,.,Z
k t £ o ca x
Notary Public
7675 West 14th Avenue
My commission expireskewood, Colorado (80215)
August 3, 1983.
BUILDING LEASE
THIS AGREEMENT dated this 41.day of
1981 is made between AFTER THE GOLD RUSH, INC., (essor"),
and GOLDEN SANDS, INC., a Colorado corporation ("Lessee"),
and ROBERT P. MIMNAUGH, and MAX EDWIN KINGSLEY ("Guarantors"),
AGREEMENT
Lessor hereby agrees to lease to the Lessee and Lessee
agrees to rent from the Lessor the real property and improvements
thereon described in Exhibit A attached hereto and incorporated
by reference herein (the "Premises"). This lease is made oa
the following terms, covenants and conditions, and Lessor
and Lessee mutually covenant and agree to perform all their
respective obligations hereunder.
1. Basic Term. Subject to the terms and conditions
hereof, Lessee shall have and hold the Premises for a basic
term (the "Basic Term") commencing December 1, 1981, and
ending November 30, 1982..
2. Rent and Deposits.
(a) Commencing on December 1, 1981, and on the
1st day of each succeeding month for the duration of the
Basic Term, Lessee shall pay Lessor rent for the Premises
consisting of the greater of the following:
(i)
Minimum Rent for each month of the basic
term in the amount of One Thousand,
Eight Hundred Dollars ($1,800.00),
(Lessee agrees to pay the minimum rent
for December, 1981, and the minimum rent
for November, 1982, upon commencement of
said Basic Term.)
(ii) Percentage Rent. Percentage rent equal
to twelve percent (12%) of the gross
receipts derived by the Lessee for each
-2 -
month of the basic term of the lease, as
well as during the option periods as set
forth below.
(b) The Lessee shall also pay Lessor a security
deposit in the amount of Two Thousand Dollars ($2,000.00).
Upon the occurrence of any event of default by Lessee, Lessor
may, from time to time, without prejudice to any other remedy,
use the security deposit paid to Lessor by Lessee as herein
provided to the extent necessary to make good any arrears of
rent and any other damage, injury, expense or liability
caused to Lessor by such event of default. If any portion
of said deposit is so used or applied, Lessee shall, within
five (5) days after written demand therefor, deposit cash
with Lessor in an amount sufficient to restore the security
deposit to its original amount. Lessee shall not he entitled
to interest on the security deposit. Lessee shall not grant
anyone a security interest of any kind of such security
deposit and no such security agreement shall he binding on
Lessor. If Lessee shall fully and faithfully perform every
provision of this lease to be performed by it, the security
deposit, or any balance thereof remaining, shall be returned
to Lessee at the expiration of the lease term and upon Lessee's
vacation of the premises. Such security deposit shall not
be considered an advance payment of rental or measure of
Lessor's damages in the event of a default by Lessee.
(c) For the purpose of computing percentage rent,
the term "gross receipts derived by Lessee" shall mean the
aggregate amount to which Lessee is entitled after the date
of commencement of actual operation as a business, whether
paid or unpaid, without any reductions for costs or other
items whatsoever. Without limiting the generality of the
-3 -
foregoing, "gross receipts" shall include the selling or
rental prices
(but only the
from involved
of all food, beverages, merchandise, games
amount of net revenue received by the Lessee
vending companies), or services sold or rented
by Lessee, its licensees or concessionaires; membership and
any other fees charged to members and rental income from
other premises. Sales on credit shall be included in
receipts" whether or not payment therefor is actually
by Lessee. All credit sales shall be reported in the
"gross
received
lease
month the same are made. However, "gross receipts derived
by Lessee" shall not include State, Local or County sales
taxes received by Lessee.
(d) Within fifteen (15) days after each month
period, Lessee shall deliver to Lessor a statement in writing
signed by the principal accounting officer of Lessee setting
forth an itemized accounting of the gross receipts derived
by Lessee during the preceding month.
(e) Within thirty (30) days after the expiration
of each lease month, Lessee shall deliver to Lessor (1) a
statement in writing, duly sworn to by its principal accounting
officer and certified as true and accurate by a bookkeeper
or an accountant, setting forth an itemized accounting of
the gross receipts derived by Lessee during the preceding
lease month, and (ii) a check for the amount by which twelve
percent (12%) of the gross receipts for that lease month
exceeds the minimum rent for that lease month.
(f) Lessee shall keep at the Premises or at its
principal place of business, which shall be in the Greeley
area, accurate hooks and records of gross receipts derived
by Lessee, as herein defined, all in accordance with its
regular system of accounting. Lessee shall permit Lessor or
its agents to have access to and to inspect its books and
records containing information pertaining to said gross
-4 -
receipts, for the purpose of examination and verification
during regular business hours with reasonable prior notice
only. The acceptance and retention by Lessor of any monthly
statements and annual reports and the acceptance and retention
by Lessor of payments of percentage rent, if any, accompanying
such monthly statements shall not preclude Lessor from
subsequently questioning any monthly statement or annual
report nor precluding Lessor from employing accountants to
audit any yearly statements or annual reports.
(g) If, upon an audit of the books and records of
Lessee by auditors selected by Lessor, a statement dealing
with percentage rent is found to he incorrect to an extent
of more than one percent (1%) over the figures submitted by
Lessee, Lessee shall pay for such audit. If such audit
verifies Lessee's statements to he correct or to vary not
more than one percent over the figures submitted by Lessee,
the Lessor shall pay for such audit. If such audit shall
show a deficiency for the period covered, the amount thereof
shall be paid promptly by Lessee, together with interest at
the rate of eighteen percent (18%) per year from the time
such deficiency should have been paid. If such audit shall
show rent to be overpaid, the excess shall he applied on any
amount then due to Lessor from Lessee and the balance, if
any, shall be refunded promptly to Lessee.
3. Taxes, Assessments, etc.
(a) Lessee shall pay when due all personal property
taxes, (as set forth below), special improvement and other
assessments (ordinary and extraordinary), water rents and
charges, and all other taxes, duties, charges, fees and
payments imposed by any governmental or public authority,
which shall he imposed, assessed or levied upon or arise in
-5 -
connection with the use, occupancy or possession of the
Premises or any part thereof during the term, all of which
are herein called "Governmental Impositions". In each case
EXCEPT REAL ESTATE TAXES, Lessee shall deliver to Lessor,
within thirty (30) days after the last day upon which the
same may be paid without penalty or interest, receipt showing
the payment thereof.
(b) Lessor shall he solely responsible for real
property taxes.
(c) Lessee's obligation to pay special assessments
shall apply to assessments which shall become payable during
the Basic Term of this lease and any option periods. Lessee
may take the benefit of any statute or ordinance permitting
such assessments to be paid in installments over a period of
time, and in that event Lessee shall he obligated to pay
only such installments as shall become payable during the
term.
(d) Governmental Impositions for the year 1981,
payable in 1982, and for the tax year in which the term
shall expire, payable the following year, shall be apportioned
according to the number of days during which each party
shall be in possession during such tax years, whether or not
the same may be liens at the, beginning or end of the term.
This provision shall not limit Lessor's right to receive
prorated amounts in the event of earlier termination of this
lease by reason of Lessee's default.
(e) Lessee may contest any Governmental Imposition
by appropriate proceedings conducted promptly at Lessee's
expense, in Lessee's name or (whenever necessary) in Lessor's
name. Lessor agrees to cooperate reasonably with Lessee and
to execute any documents or pleadings reasonahly required
-6 -
for such purpose, but Lessor shall not be obligated to incur
any expense or liability in connection therewith. Lessee
may defer payment of the contested Governmental Imposition
pending such contest, if such deferment shall not subject
Lessor's interest in the Premises for forfeiture. Lessee
shall deposit with Lessor, if Lessor so requests, money or
government bonds which shall be at least equal in value to
the payment so deferred plus estimated penalties and interest
thereon. Lessor may, upon reasonable notice to Lessee, pay
such contested items from said deposit in case the protection
of the Premises or Lessor's interest therein shall, in the
reasonable judgment of Lessor, require such payment. When
all contested Governmental Impositions shall have been paid
or cancelled, all moneys and bonds so deposited to secure
the same anti not applied by Lessor to the payment thereof
shall he repaid to Lessee without interest. In lieu of any
such deposit Lessee may, at its election, furnish a bond in
a form, in an amount, and with a surety reasonably satisfactory
to Lessor. All refunds of taxes and assessment shall he the
property of Lessee to the extent they may be based on payments
made by Lessee, any balance being Lessor's property.
(f) Lessee shall in any event, indemnify Lessor
from any and all Governmental Impositions, with the exception
of real estate property taxes, which are the responsibility
of Lessor.
4. Utilities and Permits.
(a) Lessee shall pay promptly all charges for
gas, electricity, steam, water and sewer, telephone and
other services furnished to the Premises or the occupants
thereof, including those accruing before the commencement of
the Basic Term of this lease, all of which shall he held by
and in the name of Lessee.
-7-
(b) Lessee shall, at Lessee's own cost and expense,
procure every permit, license, certificate or other authoriza-
tion required after the commencement of the Basic Term in
connection with the lawful and proper use of the Premises or
required in connection with any building or improvements
hereafter erected on the Premises.
5. Insurance.
(a) During the Basic Term hereof Lessee shall at
its own cost and expense:
(i) Keep the buildings and all improvements
located on the Premises (including all improvements in the
process of construction) insured against loss by fire and so-
called extended coverage perils for their full replacement
cost. Upon request by Lessor, Lessee will, at Lessee's cost
and expense, obtain appraisals of the improvements upon the
Premises by a reliable insurance appraiser and furnish copies
of such appraisals to Lessor for insurance purposes. In the
event an appraisal shows the value of such improvements to
be in excess of the valuation theretofore being used for
insurance coverage purposes under the provisions of this
paragraph 5, Lessee shall increase said insurance coverage
so as to cover such increase in valuation. If such appraisal
reduces such previous valuation for the Premises, Lessee may
reduce such insurance coverage commensurate therewith.
(ii) Provide and keep in force, for the
protection of Lessor and Lessee, general public liability
and property damage insurance against claims for bodily
injury or death or property damage occurring upon or under
the Premises and the sidewalks or property adjacent thereto,
in limits of not less than One Million Dollars ($1,000,000)
in respect of bodily injury or death to any one person and
-8 -
not less than Five Million Dollars ($5,000,000) for bodily
injury or death to any number of persons arising out of one
accident or disaster, and in limits of not less than One
Hundred Thousand Dollars ($100,000) for damage to property,
and if higher limits shall at any time be customary to protect
against possible tort liability, such higher limits shall he
carried; and
(iii) Carry insurance in such amounts as may
from time to time be reasonably required by Lessor against
other insurable hazards which are at the time commonly insured
against in the case of similar premises in Denver, Colorado,
specifically including insurance against so called "Dram -
Shop" actions.
(b) All insurance required to be carried by Lessee
under this section shall be carried in favor of Lessor and
Lessee, as their respective interests may appear, and shall
include the interests of the holders of any mortgages on
Lessor's interest in the Premises. All policies of insurance
against damage to the Premises shall provide that losses
shall he adjusted with and payable to Lessor. The Lessor
shall hold and dispose of such proceeds as provided in this
paragraph 5. Prior to commencement of the term, Lessee
shall deliver such policies to Lessor with evidence of the
payment of premiums thereon. Renewals of all policies at
any time in force, with such evidence of payment, shall be
delivered to Lessor from time to time at least thirty (30)
days before the expiration thereof. All such insurance
shall be taken in such responsible companies as Lessor shall
reasonably approve, and each policy shall provide that no
cancellation thereof may be made by the insurance carrier
without having first given ten (10) days' prior notice in
-9 -
writing thereof to Lessor, Lessee and any mortgage of Lessor's
interest. Lessee shall not violate or permit to he violated
any of the conditions or provisions of any of said policies,
and Lessee shall perform and satisfy the requirements of the
companies writing such policies so that companies of good
standing reasonably acceptable to Lessor shall at all times
he willing to write and continue such insurance.
(c) Lessor and Lessee shall cooperate with each
other and with mortgagees of Lessor's interest in the
collection of insurance moneys that may become due by reason
of loss, damage or destruction to the Premises or any improve-
ment and shall execute and deliver such proofs of loss and
other instruments as may be required to recover insurance
proceeds. All such moneys shall be paid over to the Lessor.
Lessor shall make such insurance money available to Lessee
during the course of the work described in paragraph 9(a)
hereof, in accordance with the percentage of completion of
such work as duly certified by a responsible architect or
contractor having charge thereof.
(d) If there shall at any time be any excess of
insurance moneys remaining after (i) the rehabilitation work
required by paragraph 8 shall have been completed and (ii)
all liens of contractors, subcontractors, mechanics, laborers,
materialmen or other liens of like character shall be either
paid or discharged, such excess shall be paid to Lessor. If
Lessee shall fail to repair or rebuild the Premises in accordance
with the provisions of paragraph 8 of this lease, and because
of such failure the Lessor shall declare a default hereunder
and terminate this lease in accordance with the provisions
hereinafter set forth, or if Lessor terminates this lease
under paragraph 8(a), all insurance proceeds shall he retained
by Lessor.
-10-
a/
(e) Lessor may, but shall not be obligated to,
carry said insurance for Lessee as called for by Paragraph 5,
and be reimbursed therefore by Lessee.
6. Repairs.
(a) Lessee, at its own expense, shall keep the
entire Premises (including without limitation, the roof,
walls, and appurtenances; water, sewer and gas connections,
pipes and mains; the parking lot, heating, cooling, lighting,
security systems, and electrical distribution systems, water
distribution systems, and all other fixtures, machinery and
equipment forming part of the Premises) in constant good
order, condition and repair (both inside and outside), whether
the necessity of such repairs may arise from wear, tear,
obsolescence, casualty or any other cause, suffering no
waste or injury. To that end Lessee shall make all repairs,
replacements and renewals. Lessee shall, at its own expense,
keep the sidewalks and curbs adjoining the Premises clean
and in a good state of repair.
(b) Notwithstanding the foregoing, Lessee shall
not be required to repair damage caused by any governmental
action described in Section 9 if this lease shall terminate
by reason of such occurrence. Lessor shall repair any
extraordinary structural damage, not the result of Lessee's
neglect ur improper repair.
7. Use, Compliance With Law.
(a) The Premises shall be used for a restaurant
or nightclub serving alcoholic beverages with entertainment.
(b) Lessee shall, at Lessee's own cost and expense,
promptly comply with all present and future laws, rules,
requirements, orders, directions, ordinances and regulations
-11 -
of the United States of America and of the state, county and
city governments, and of all other municipal, governmental
or lawful authority whatsoever, affecting the Premises or
appurtenances or any part thereof, and of all their depart-
ments, bureaus, or officials (all of the foregoing being
hereinafter called "Requirements of Law"), whether such
requirements may relate to: (i) structural or other altera-
tions, changes, additions, improvements; or (ii) repairs,
inside or outside, extraordinary or ordinary; or (iii) the
manner in which the Premises may be used or occupied; or
(iv) any other matter affecting the Premises, whether like
or unlike the foregoing.
(c) Immediately upon the discovery of any viola-
tion of a Requirewent of Law, Lessee shall take all necessary
steps, legal and equitable, to compel the discontinuance
thereof and to oust and remove all occupants or other persons
guilty of such use. Lessee shall indemnify and save Lessor
harmless from and against any and all liabilities and penalties
incurred by reason of any violation of this paragraph 7.
Lessee shall pay all costs and expenses, including reasonable
attorney's fees, that may in any manner arise out of the
failure of Lessee to comply with the provisions of this
paragraph. As used in this section, the word "Premises"
shall include any building thereon, the strees, sidewalks,
alleys, parking lots and curbs adjacent thereto, and all
vaults, passageways, rights of way and appurtenances of the
Premises.
(d) Lessee may contest in good faith by appropriate
proceedings conducted promptly at its own expense, in its
name, or (whenever necessary) in Lessor's name, the validity
or enforcement of any Requirement of Law and may defer
compliance therewith provided that (i) such noncompliance
_12_
shall not constitute a crime or misdemeanor on the part of
Lessor, (ii) Lessee shall diligently prosecute such contest
to final determination by the court, department or governmental
authority or body having final jurisdiction, and (iii) if so
requested Lessee shall furnish to Lessor a surety bond in an
amount equal to the cost of such compliance as reasonahly
estimated by Lessor, indemnifying Lessor against the cost
thereof and all liability in connection therewith. Lessor
agrees to cooperate reasonably with Lessee, and to execute
all documents and pleadings required for the purpose of such
contest, provided Lessee shall discharge any expense or
liability of Lessor in connection therewith.
(e) Lessee covenants to make and preserve all
appropriate filings of required trade name affidavits as
well as any and all filings with appropriate taxing authorities.
8. Damage or Destruction.
(a) In case of damage to or destruction of the
Premises, or any part thereof, by any cause whatever, Lessee
shall give Lessor prompt notice of such occurrence. If the
cost of repairing such damage or destruction exceeds the
coverage provided by any applicable policy of casualty
insurance by Twenty Thousand Dollars ($20,000) or more,
Lessor shall have the right,to demand assurance, satisfactory
to Lessor, that Lessee is financially capable of repairing
said damage. Otherwise, Lessor may terminate this lease
upon thirty (30) days written notice to Lessee. If Lessor
does not so terminate the lease, Lessee shall promptly proceed
at its own expense to repair, reconstruct, alter or construct
improvements of substantially the same kind and value.
(b) All work to be performed under the provisions
of this paragraph 8 shall he carried out in the following
-13 -
manner: (i) any work costing more than Five Thousand Dollars
($5,000) shall be performed according to plans and specifi-
cations prepared by a licensed architect and approved by
Lessor; (ii) all permits and approvals required by law shall
be obtained before commencement thereof; (iii) all such work
shall be carried out in accordance with the applicable
statutes, ordinances and the valid requirements of all build-
ing departments, zoning boards and other governmental bodies
and officials; (iv) before commencing any such work, Lessee
shall cause all applicable insurance policies to be endorsed
so as to apply during the course of such work and shall
deliver such endorsements to Lessor. Appropriate lien waivers
shall be obtained as payments are made. Additionally, Lessee
shall post notice as set forth in C.R.S. (1973) 8-22-105,
that no lien shall affect Lessor's interest in the premises.
(c) If the work of repairing, replacing or rebuild-
ing the damaged or destroyed building or improvements shall
not have been commenced within one hundred and eighty (130)
days from the date of any such loss, damage or destruction
or if such work shall not after commencement he diligently
carried out, Lessor shall have the right to terminate this
lease and the term hereof by giving Lessee not less than
thirty (30) days' prior written notice of such intention.
If, upon the expiration of the date fixed in such notice,
such work shall not have been commenced or if after commence-
ment such work shall not he diligently prosecuted, this
lease and the term hereby granted shall, at the option of
Lessor, wholly cease and expire, but Lessee shall continue
to be liable for any damage arising from its failure, and
shall otherwise continue to be liable as hereinafter provided.
(d) Unless terminated by Lessor as provided in
-14 -
subparagraphs 8(a) and (c), this lease shall not terminate
or be affected in any manner by reason of the destruction or
damage in whole or in part of the Premises or any building
or improvements now or hereafter located thereon, or by
reason of the untenantability of the Premises or any such
building or improvements, and the rent reserved in this
lease as well as all other charges payable hereunder shall
be paid by Lessee in accordance with the terms, covenants
and conditions of this lease, without abatement, diminution
or reduction.
9. Condemnation.
(a) If the entire Premises shall be taken for any
public or quasi -public use, under any statute, by right of
eminent domain, or by purchase by public authority in lieu
thereof, the term hereby granted shall, at the election of
either Lessor or Lessee, cease and expire, and all rent,
taxes, insurance premiums and other charges shall be prorated
and paid to the date of such termination. If less than all
of the Premises is so taken and, in Lessor's reasonable
judgment the remaining part is not sufficient to permit
Lessee to continue operating on the Premises in the manner
then operated or contemplated to he operated, Lessor may
elect to terminate this lease with the effect set forth in
the previous sentence. Any election under this subparagraph
(a) shall he exercised by written notice served upon the
other party by the party electing to terminate and shall be
effective on a date thirty (30) days after the date of such
notice. If not exercised within sixty (60) days after the
date title passes to the condemning authority or the date
the condemning authority shall actually enter into possession,
whichever is earlier, such rights to terminate shall wholly
lapse and expire.
-15-
(b) If this lease shall not he terminated, it
shall remain unaffected except that promptly after such
taking Lessee shall either restore that part of the building
not so taken to a complete architectural unit of a kind
selected by Lessee and approved by Lessor, or demolish the
improvements not taken and grade the surface of the land.
All condemnation awards on account of the interest of the
Lessor or the Lessee shall he paid to the Lessor, Lessor
shall hold all awards on account of Lessee's interest to be
applied to the cost of the work described above, as if the
damages were caused by fire and such award consisted of
insurance proceeds. Any portion of the amount of the award
paid to the Lessor for Lessee's interest which is not needed
for such reconstruction shall be paid to the Lessor. All of
the provisions of paragraph R shall apply to the work of
restoration. After such taking, the rent shall he reduced
in proportion to the reduction in the building area before
and after such taking.
(c)
In case of any such taking which shall result
in any termination of this lease, each party shall be free
to prove by judicial proceedings, obtain and retain any
award from the taking authority payable for the taking of
its interest, subject to the rights of mortgagers of Lessor's
interest.
(d) If less than a fee title to all or any portion
of the Premises shall be taken for temporary use or occupancy,
the foregoing provisions of this paragraph shall be inapplicable
to such taking. This lease shall continue in full force and
effect without reduction or abatement of rent and Lessee
shall he entitled to make claim for, recover and retain, so
long as it shall not be in default hereunder, any awards in
-16 -
the form of rent recoverable in respect to such taking,
except that if such taking shall be for a period extending
beyond the expiration of the term of this lease and any
additional term for which this lease shall he renewed, Lessor
shall he entitled to receive such portion of the award as
shall be attributable to the portion of such period occurring
after such expiration.
10. Indemnity. Lessee shall indemnify, defend and
save Lessor harmless from any and all liabilities, damages,
penalties, costs, expenses, claims, suits or actions (including
reasonable attorneys' fees) due to or arising out of (a) any
breach, violation or nonperformance of any obligation of
Lessee hereunder; (b) any contest by Lessee authorized by
paragraph 3 and 7 hereof; (c) any damage to property or any
injury to persons including death resulting at any time
therefrom in, on, under or about the Premises or the adjacent
streets or sidewalks; and (d) any other matter in any way
relating to this lease.
11. Subletting and Assignment. Lessee may not assign
this lease or sublet the Premises or any portion thereof,
without the prior written consent of Lessor, which consent
shall not be unreasonably withheld, and any attempt at such
alienation without such consent, will constitute a default
and reversion to Lessor of Lessee's interest.
12. Improvements.
(a) Lessee shall have the right to renovate,
repair, alter or modify the improvements located on the
Premises, provided that (i) plans and specifications for
improvements costing more than Five Thousand Dollars (55,000)
are prepared by a licensed architect and are approved by
Lessor; (ii) Lessee uses only the materials and installs
_17_
only equipment and fixtures approved by Lessor; (iii) Lessor
approves the general contractor to he used by Lessee, which
approval shall not he unreasonably withheld; (iv) Lessee, at
its sole cost and expense, obtains a performance bond in
form and substance and written by a company reasonably
acceptable to Lessor; (v) such alterations do not decrease
the fair market value of the Premises; (vi) all of the
requirements of section 8(b) hereof are complied with fully
by Lessee; and (vii) prior to commencement of any construction
or other improvements whatsoever, Lessee shall deposit in an
escrow account an amount of cash not less than the contractor's
estimate of the total cost of completion of any such construction
or improvements, including all fixtures and personal property
to he installed. The escrow agreement shall provide that
funds will he paid out directly to contractors and materialmen
in accordance with the percentage of completion of the work
as duly certified by the architect or contractor having
charge thereof. Appropriate lien waivers shall be obtained
as payments are made. Additionally, Lessee shall post notice
as set forth in C.R.S. (1973) 38-22-105 that no lien shall
affect Lessor's interest in the premises.
(b) Lessor shall have the right to enter the
Premises during reasonable hours to inspect the progress of
construction and improvements and to verify that the plans,
specifications and approved materials are being complied
with or used. If any dispute arises between Lessor and
Lessee with respect to such matters, the architect or
contractor (whichever appropriate) shall finally determine
whether the approved plans, specifications and materials are
in fact being followed or used.
(c) All alterations, additions and improvements
placed upon the Premises by Lessee or any other occupant
(including but not limited to doors, partitions, tile and
wood floorings, lighting fixtures, kitchen equipment and the
like), as well as any fixtures at any time attached to any
building on the Premises and used in connection with the
operation and maintenance thereof shall, upon installation,
become part of the Premises and shall remain upon and be
surrendered with the Premises upon termination of this lease.
(d) If, because of any act or omission of Lessee
after tie date of this lease, any mechanic's or other lien
shall be filed against the Premises or any building or
improvement thereon, or against Lessor (whether or not such
lien or order is valid or enforceable as such), Lessee shall,.
at Lessee's own cost and expense, cause the same to be
cancelled and discharged of record or bonded by a surety
company reasonably acceptable to Lessor in the event Lessee
elects to contest the validity thereof. Lessee shall have
the right at its own expense to contest all such liens and
orders. Lessee shall indemnify and save harmless Landlord
from and against any and all costs, expenses, claims, losses
or damages, including reasonable counsel fees, resulting
therefrom.
13. Surrender. On the last day of the term or on the
earlier termination of this lease, Lessee shall peaceably
and quietly leave, surrender and deliver up to Lessor the
Premises, together with such improvements, if any, as nay
then be located upon the Premises (except for personal property
removable by Lessee). Such improvements shall then he in
the state of repairs required by paragraph 6. All Lessee's
property not so removed shall conclusively he deemed to have
been abandoned and may be appropriated, sold, stored, destroyed
-19 -
and otherwise disposed of by Lessor without notice to Lessee
or any other persons and without obligation to account
therefor.
14. Lease Subordinate or Superior to Deed of Trust.
It is agreed that the rights and interest of Lessee under
this lease shall be subject and subordinate to any mortgages
or deeds of trust that may hereafter be placed upon the
premises, and all renewals, modifications, replacements and
extensions thereof, if the mortgagee or beneficiary named in
said mortgages or deeds of trust shall elect by written
notice delivered to Lessee to subject and subordinate the
rights and interest of the Lessee under this lease to the
lien of its mortgage or deed of trust and shall agree to
recognize this Lease of Lessee in the event of foreclosure.
If Lessee is not in default; then any mortgagee or beneficiary
may elect to give the rights and interests of the Lessee
under this lease priority over the lien of its mortgage or
deed of trust. In the event of either such election, and
upon notification by such mortgagee or beneficiary to Lessee
to that effect, the rights and interest of the Lessee under
this lease shall be deemed to be subordinate to, or to have
priority over, as the case may be, the lien of said mortgage
or deed of trust, whether this lease is dated prior to or
subsequent to the date of said mortgage or deed of trust.
Lessee shall execute and deliver whatever instruments may be
required for such purposes, and in the event Lessee fails so
to do within ten (10) days after demand in writing, Lessee
does hereby make, constitute and irrevocably appoint Lessor
as its attorney -in -fact and in its name, place and stead so
to do.
(a) Mortgages and Liens - after execution of this
-20 -
agreement and for the entire term of this lease, Lessee
shall not cause or permit any encumbrance to be placed on
its interest in the Premises, whether by mortgage, deed of
trust or in any other manner.
15. Inspection. Lessee shall permit Lessor or Lessor's
agents to enter the Premises during Lessee's business hours
for the purpose of: (i) inspecting the same; (ii) performing
obligations of Lessee hereunder which Lessee may neglect or
refuse to perform; (iii) showing the Premises to persons
wishing to purchase Lessor's interest therein. The provisions
contained in this paragraph shall not increase Lessor's
obligations under this lease, and the right and authority
hereby reserved does not impose upon Lessor any responsibility
for the repair, care or supervision of the Premises, or any
building, equipment or appurtenance.
16. Abatement. Except as otherwise specifically provided
herein, there shall be no abatement or reduction of any rent
or other charge payable by Lessee for any reason, including,
but without limiting the generality of the foregoing; (a) by
reason of any damage or destruction of the Premises whether
caused by fire or other matters like or unlike the foregoing,
or during any period of restoration, or (h) by reason of
diminution of the amount of usable space caused by legally
required changes in the construction, equipment, operation
or use of the Premises.
17. Quiet Enjoyment. Lessor covenants that, if and so
long as Lessee pays the rent and other charges reserved by
this lease and performs all the obligations of Lessee hereunder,
Lessee shall quietly enjoy the Premises subject, however, to
the terms of this lease.
18. Events of Default; Remedies.
(a) The following shall constitute events of
default of Lessee hereunder:
-21-
(i) Failure to pay any installment of rent
for a period of ten (10) days after written notice.
(ii) Failure to perform or observe any other
affirmative obligation or covenant of Lessee hereunder for a
period of ten (10) days after written notice, except that if
such obligation cannot reasonably he performed within such
period and shall thereafter complete such performance without
unnecessary delays.
(iii) The making by Lessee of an assignment
for the benefit of creditors.
(iv) The filing of a voluntary or involuntary
petition in bankruptcy or under any insolvency law by or
against Lessee.
(v) The appointment of a receiver or trustee
for all or a substantial part of Lessee's assets.
(vi) The failure to perform each and every
obligation and covenant of the "Equipment Lease" by and
between the parties to this Building Lease executed on or
about the same day of execution of this document.
(vii) The failure to perform each and
every obligation and covenant of the "Purchase Agreement" by
and between the parties to this Building Lease executed on
or about the same day of execution of this document.
(b) If an event of default set forth in subparagraph
18(a) occurs, Lessor shall have the following rights and
remedies, and none of the following, whether or not exercised
by Lessor, shall exclude exercise of any other remedy whether
herein set forth or existing at law or equity:
(i) For nonpayment of rent Lessor shall have
the right to terminate this lease without further notice.
As to other defaults, Lessor shall have the right to terminate
-22 -
this lease by giving Lessee notice in writing, and upon the
giving of such notice, this lease and the terms hereof, as
well as all the right, title and interest of Lessee hereunder
and to all improvements on the Premises shall wholly cease
and expire in the same manner and with the same force and
effect (except as to Lessee's liability) as if the date
fixed by such notice were the expiration of the term herein
originally granted. Upon any termination Lessee shall
immediately quit and surrender to Lessor the entire Premises
and all improvements thereon. In the event of such termination,
Lessee shall nevertheless continue to be liable to Lessor
for a sum equal to all rent herein reserved for the balance
of the term.
(ii) Lessor may re-enter the Premises, using
such force for that purpose as may be necessary without
being liable to any prosecution for such re-entry or the use
of such force and without prejudice to any remedies for
arrears of rent or preceding breach of covenants. Should
Lessor elect to re-enter, or should Lessor take possession
pursuant to legal proceedings or pursuant to any notice
provided for by law, Lessor may, from time to time, without
terminating this lease, relet the Premises or any part thereof
for such term or terms and at such rental or rentals, and
upon such other conditions as Lessor may deem advisable,
with the right to make alterations and repairs to the Premises.
No such re-entry or repossession of the Premises by Lessor
shall he construed as an election on Lessor's part to terminate
this lease unless a written notice of termination is given
to Lessee by Lessor. No such re-entry or repossession of
the Premises shall relieve Lessee of its liability and
obligation under this lease, all of which shall survive such
-23 -
re -entry or repossession. Upon the occurrence of such re-
entry or repossession, Lessor shall be entitled to damages
in the amount of the monthly rent, and any other sums, which
would he payable hereunder if such re-entry or repossession
had not occurred, less the net proceeds, if any, of any
reletting of the Premises after deducting all Lessor's expenses
in connection with such reletting, including, but without
limitation, all repossession costs, brokerage commissions,
legal expenses, attorneys' fees, expenses of employees,
alteration costs and expenses of preparation for such reletting.
Lessee shall pay such damages to Lessor on the days on which
the rent or any other sums due hereunder would have been
payable hereunder if possession had not been retaken. In no
event shall Lessee be entitled to receive any excess, if
any, of net rent collected by Lessor as a result of such
reletting over the sums payable by Lessee to Lessor hereunder.
(iii) If Lessee shall default in making any
payment required to he made by Lessee, other than payments
of rent, or shall default in performing any other obligations
of Lessee hereunder, Lessor may, but shall not be obligated
to, make such payment or, on behalf of Lessee, expend such
sum as may he necessary to perform such obligation. All
sums so expended by Lessor,, with interest thereon at the
rate of eighteen percent (18%) per year from the date of
such expenditure, shall be repaid by Lessee to Lessor on
demand. No such payment or expenditure by Lessor shall be
deemed a waiver of Lessee's default nor shall it affect any
other remedy of Lessor by reason of such default.
(iv) Suits for the recovery of any deficiency
or damages, or for a sum equal to any installment or install-
ments of rent or additional rent payable hereunder, may be
-24 -
brought by Lessor from time to time, and nothing therein
contained shall be deemed to require Lessor to await the
date whereon this lease or the term hereof would have expired
had there been no such default, termination or cancellation.
No suit for any item of damages shall bar suit for any other
item of damages, whether or not suit might then have been
brought for such item.
19. No Implied Waiver. The receipt of rent by Lessor
with knowledge of any default shall not be deemed to be a
waiver of any provision of this lease. No failure of Lessor
to enforce the provisions of this lease upon any default by
Lessee shall be construed as creating a custom of deferring
payment or as modifying in any way the terms of this lease
or as a waiver of Lessor's right to terminate this lease as
provided herein, or otherwise to enforce the provisions
hereof for any subsequent default.
20. Option to extend Lease.
(a) If Lessee is not in default under the terms
and provisions of this lease, Lessee shall have the right to
renew and extend this lease successively for up to three (3)
additional renewal terms (the "Extended Terms") of two (2)
years each by giving Lessor written notice of such election
not more than six months nor less than two months prior to
the expiration of the Basic Term or the Extended Term, as
the case may be, then in effect.
(b) Such renewals shall be on the same terms,
conditions and covenants as the original term, except for
the minimum rent.
(c) The minimum rent for the extended terms, if
any, shall be as follows:
December 1, 1982 to
November 30, 1984 $2 100 00
-25 -
December 1, 1984 to
November 30, 1986
December 1, 1986 to
November 30, 1988
$2 400 00
$2 700 00
(e) Rent with respect to the extended terms shall
be calculated and paid as set forth in Paragraph 2 above.
21. Contingencies. This lease is expressly contingent
upon the happening of of the following event:
(a) The approval by the appropriate government
authorities, on or before , of the transfer
of ownership of the tavern class liquor license (and cabaret
license, if any).
Unless the above contingency occurs within the
time specified, or is waived in writing by the Lessee, this
lease shall become void at the option of the Lessee, and
both parties shall be released from any further liability or
obligation hereunder.
22. Warranties.
(a) Lessor covenants and warrants (i) that they
have good and marketable title to the Premises in fee simple,
subject only to matters set forth in Exhibit A, and (ii)
that on the date the term of lease commences, no other person
will have any right of possession of the Premises adverse to
Lessee.
(b) Lessee covenants and warrants (i) that it is
a Colorado corporation and is in good standing in that state;
and (ii) that it has full power and lawful authority to
enter into this lease.
23. Lessor's Mortgage - Lessor's Default. Lessor
covenants and agrees that it will keep the payments on any
encumbrance upon Lessor's interest in the property current
-26 -
and fully paid at all times relevant to the terms of this
lease. Lessee shall have the option, but not the obligation,
to cure any and all defaults of Lessor upon any encumbrance
of Lessor's interest in the property. To the extent that
such defaults are actually cured by Lessee, the amount so
expended by Lessee shall be credited toward amounts due from
Lessee to Lessor hereunder. All mortgages, deeds of trust
and other encumbrances granted by Lessor after the signing
of this agreement shall provide that Lessee shall receive
not less than fifteen (15) days prior written notice of
default at the address provided for notices to Lessee herein.
In addition, all such mortgages or deeds of trust shall
contain or provide for a non -disturbance agreement so that
Lessee's possession hereunder will not be disturbed as long
as Lessee is not in default hereunder.
24. Amendment. No amendment or modification of this
lease shall be valid or binding unless expressed in writing
and executed by Lessor and Lessee in the same manner as
execution of this lease.
25. Notices. All notices, demands and communications
hereunder shall be served or given by certified or registered
mail, and if intended for Lessor shall be addressed to Lessor
at AFTER THE GOLD RUSH, INC,-Greeley, 6305 West 6th Avenue,
Unit D-5, Lakewood, CO 80214, and if intended for Lessee
shall be addressed to GOLDEN SANDS, INC., c/o Robert Mimnaugh,
1070 South Foothill Drive, Lakewood, CO 80228. Any notice
given by mail shall be deemed delivered when deposited in a
United States general or branch post office, addressed as
above, with postage prepaid.
26. Entire Agreement. This lease, together with the
exhibits attached hereto (a) contains the entire agreement
_27_
between the parties and (b) shall be governed by the laws of
Colorado.
27. Severability. If any clause or provision of this
lease is illegal, invalid or unenforceable under present or
future laws effective during the term of this lease, then
and in that event, it is the intention of the parties hereto
that the remainder of this lease shall not be affected thereby.
It is also the intention of the parties to this lease that
in lieu of each clause or provision of this lease that is
illegal, invalid or unenforceable, there be added as a part
of this lease a clause or provision as similar in terms to
such illegal, invalid or unenforceable clause or provision
as may be possible and be legal, valid and enforceable.
28. Captions. The caption of each Section is added as
a matter of convenience only and shall be considered of no
effect in the construction of any provision or provisions of
this lease.
29. Binding Effect. All terms, conditions and covenants
to be observed and performed by the parties hereto shall he
applicable to and binding upon their respective heirs,
administrators, executors, successors and assigns, subject
to the provisions of Section 22.
30. Conditions of Operation. Notwithstanding anything
herein to the contrary, Lessee's right to exercise its option
to renew for each renewal term, as well as Lessee's right to
continue to occupy the premises, is specifically contingent
upon Lessor's reasonable determination that the leased premises
are then being used and have been used throughout the basic
term or option renewal term (as applicable), as a decent,
orderly, and respectable operation. For purposes of determining
whether a decent, orderly and respectable operation is in
-28 -
effect, Lessor shall consider all of the following criteria:
(a) the reputation of the establishment in the
community, as defined by reports and complaints made to the
local law enforcement authorities and the local licensing
authority,
(b) that the operation's furnishings are clean
and in good repair.
(c) In addition, Lessee covenants to notify Lessor
immediately if any license violations are threatened or
commenced.
In addition, the Landlord may consider such other
and further criteria as it deems pertinent. The determination
of whether or not the establishment qualifies as called for
by this agreement shall be made by the Lessor in a reasonable
manner. During the Basic Term or any option term, the Lessor
shall have the right to inspect the Lessee's operations for
these criteria. Upon any such inspection, in the event the
Lessee's operations do not meet the standards, the Lessor
shall give written notice to the Lessee, specifying the
defects and Lessee shall have a period of ten (10) days to
initiate steps to cure said defects. Said measures shall be
completed within a reasonable period of time. If Lessor
determines that the use of the leased premises does not
qualify as called for by this agreement, Lessor may revoke
and cancel Lessee's right to renew and extend this lease,
and in addition, the Lessor shall have the option to declare
a default as otherwise provided for in this agreement.
Lessor shall notify Lessee of its determination not later
than thirty (30) days after the Lessee has given notice of
an intent to exercise an option.
31. Nature of Operation. Lessee is authorized to
-29 -
change the basic nature or character of the operation currently
being conducted upon the leased premises, subject to the
operation of paragraph 32 below.
32. Management of Business. In no event shall Lessee
offer or sponsor in any way what is commonly referred to as
predominantly nude entertainment. Lessor and Lessee agree
that the leased premises described is comparatively large,
is if a complex nature, and due to the nature of the business,
requires more than the normal amount of experienced supervision,
management and control. This lease is specifically conditioned
upon the full-time, day-to-day, on -the -premises active management
of the business by the Lessee's officers, directors, or
shareholders, or a responsible representative thereof. This
paragraph is specifically incorporated as a term and condition
of this lease and any breach hereof will constitute an event
of default as aforesaid.
33. Memorandum of Lease. Memorandum of this lease in
form mutually satisfactory to both parties may be recorded
by either party and each party agrees to sign the necessary
documents in order to effectuate the recording of the Memorandum
of Lease.
34. Non -interest of Lessor. Notwithstanding the provisions
in this lease relating to the management of the premises by
the Lessee, the parties hereto specifically agree that the
Lessor does not have a pecuniary interest in the Lessee's
operation, except to the extent that the payments called for
by this lease are made by Lessee to Lessor. The parties
herein specifically recite and confirm that their relationship
is that of Lessor and Lessee, and that no partnership is
either intended nor anticipated by the operation of this
agreement.
35. Restrictive Covenant. For the period of two (2)
-30 -
years from the date of the vacation of the demised premises
by the Lessee, neither the Lessee nor the individual guarantors
hereof, will, within a radius of twenty (20) miles from the
premises, own or operate a bar, restaurant, discotheque, or
operate, enjoy in, control, be employed by or participate in
the ownership, management, operation or control of, or be
connnected in any manner with any business of the type and
character of the business engaged in by the Lessee at the
time of such vacation of premises.
The Lessee recognizes that due to its access to
the premises, it and its employees have gained access to the
workings of a unique light show and sound system and confidential
trade information concerning the operation and management of
the nightclubs, bars, restaurants and other entertainment
establishments owned by the Lessor and AFTER THE GOLDRUSH,
INC.-Denver, Colorado, and ENTERTAINMENT CONCEPTS, LTD.,
Denver, Colorado. Upon termination of the right to possession
of premises by the Lessee, all documents, record, notebooks,
and similar repositories of or containing such confidential
information, including copies thereof, then in the Lessee's
possession, whether prepared by him or others, will be left
in the possession of the Lessor.
The Lessee covenants that it will not acquire any
rights in nor use the name AFTER THE GOLDRUSH and concept
associated with said name.
36. Remedy for Breach. The remedies for breach of any
and all provisions relating to this agreement shall be in
addition to and cumulative with, those remedies for breach
described in the "Equipment Lease Agreement", executed on or
about the same day as the execution of this document.
37. Release of and Cancellation of Prior Agreements.
-31 -
The execution of this document shall constitute a full and
final release of, and cancellation of, any and all management
agreements heretofore entered into by any of the parties to
this lease agreement.
38. Nontransferability of License. In no event shall
Lessee attempt to, nor shall Lessee exercise any rights of
transferring the liquor license relating to the subject
premises. Lessee shall not attempt to procure a change in
the class of liquor license on the premises. Lessor and
Lessee covenant and agree that in the event of a default by
Lessee under this agreement, said license shall remain with
the premises, and Lessor shall have the right, pursuant to
the regulations under 12-47-106, C.R.S. 1973, as amended, to
apply for and receive a transfer of the ownership of said
license to the Lessor.
39. Guarantee. Robert P. Mimnaugh and Max Edwin Kingsley
do hereby agree for themselves, their heirs, assigns, and
successirs, to individually guarantee each and every corporate
obligation as set forth above.
IN WITNESS WHEREOF, the parties hereto have executed
this Lease as of the date and year first above written.
LESSOR:
AFTER THE GOLDRUSH, INC.
LESSEE:
GOLDEN SANDS, INC.
•
-32-
GUARANTORS:
Max Edwid Kingsley
n
EXHIBIT "A"
LEGAL DESCRIPTION FOR SUBJECT PREMISES:
All of the South 215 feet of Lot 10,
Arlington Gardens, County of Weld.
i.4,.x !IK,��.pk 1.4-N:.: t ii.
ft U i I
.. II .1
EQUIPMENT LEASE AGREEMENT
THIS AGREEMENT, made on the -9' day of
1981i between AFTER THE GOLD RUSH, INC., (hereinafte sometimes
referred to as ("Lessor"), and GOLDEN SANDS, INC., (hereinafter
sometimes referred to as "Lessee", and ROBERT P. MIMNAUGH
and MAX EDWIN KINGSLEY ("Guarantors").
1. Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, the personal property (hereinafter some-
times referred to as "equipment"), which is described in the
document attached hereto labeled Exhibit A, and incorporated
herein by this reference thereto. This lease is upon the
terms and conditions as set forth herein.
2. The term of this lease for each item of equipment
shall commence on December 1, 1981, and continue for a period
of twelve (12) months through November 30, 1982. As rent
for the equipment throughout the term hereof, Lessee hereby
agrees to pay to Lessor the sum of Ten Dollars ($10.00) per
twelve (12) month period, beginning December 1, 1981, and
the same amount at the heginning of each successive year as
set forth below with respect to option periods.
3. Lessee agrees that it has selected each item of
equipment based on its own judgment and disclaims any
reliance upon any statements or representations made by
Lessor. LESSOR MAKES NO WARRANTIES AS TO THE EQUIPMENT,
EXPRESS OR IMPLIED, AND LESSOR SPECIFICALLY DISCLAIMS ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF THE EQUIPMENT.
4. Lessee agrees to make the rental and other payments
required hereunder without regard to the condition of the
equipment or any part thereof, and Lessee specifically
acknowledges that the equipment is leased "AS IS", and to
-2 -
look only to the manufacturer, vendor or carrier thereof
should the equipment, when received, be defective in any
manner, or should the equipment or any part thereof for any
reason he inoperative or defective. Lessor agrees to the
extent they are assignable, to assign to Lessee without
recourse to Lessor, any manufacturer or vendor's warranty
received by it.
5. The leased items shall at all times remain the
property of the Lessor. The Lessee covenants, at its own
time and expense, to protect and defend the leased equipment.
The equipment shall remain personal property regardless of
its use or state of attachment to realty, and Lessee covenants
to take such action as is necessary at its own expense to
prevent any third party from acquiring any interest in the
equipment as a result of its attachment to realty.
6. Lessee shall comply with all laws and regulations
relating to the equipment, and shall pay when due, all license
fees, assessments, registration fees, and sales, use, property,
excise and other taxes now or hereinafter imposed by any
governmental body or agency upon the equipment or the use
thereof, or the rentals hereunder, excluding however, any
taxes assessed on Lessor's net income. Lessee agrees to
indemnify and save Lessor harmless from any and all claims,
costs, expenses and liabilities arising from or pertaining
to the use of the equipment. Any fees, taxes or other charges
paid by Lessor upon failure of the Lessee to make such payments
shall, at Lessor's option, become immediately due from Lessee
to Lessor. The indemnities contained in this provision
shall survive the termination of this agreement.
7. Lessee will cause the equipment to he operated in
accordance with any applicable manufacturer's or vendor's
_3_
instructions, by competent and duly qualified personnel
only, in accordance with applicable governmental regulations,
if any, and for business purposes only. Lessee agrees not
to sell, assign, sublet, pledge, hypothecate, or otherwise
encumber or suffer a lien upon or against any interest in
this agreement or the equipment, or to remove the equipment
from its place of installation without Lessor's written
consent.
8. The following events shall constitute default on
the part of the Lessee hereunder:
a. Failure to pay any installment with respect
to rent promptly when the same shall become due.
h. Any breach or failure of Lessee to observe or
perform any or all of its other obligations hereunder.
c. The insolvency or bankruptcy of the Lessee or
the making by the Lessee of an assignment for the benefit of
creditors.
d. The consent of the Lessee to the appointment
of a trustee or receivor, or the appointment without its
consent at any time of a receivor for the Lessee or for a
substantial part of the Lessee's property.
e. The institution by or against the Lessee of
bankruptcy, reorganization proceedings, rearrangement
proceedings, or insolvency proceedings.
f. Any default in the building lease agreement
by and between the parties hereto, executed on or about the
same day as this agreement.
g.
Upon the occurrence of any such event of
default, Lessor may at its option, declare this agreement in
default and may do one or more of the following with respect
to any or all equipment as Lessor in its sole discretion
-4 -
shall elect. The remedies granted to Lessor herein shall he
cumulative and in addition to any other remedies granted by
applicable law:
(1) Cause Lessee to (and Lessee agrees that
it will), upon written demand of Lessor and at Lessee's sole
cost and expense, promptly return any or all equipment to
Lessor in accordance with all terms of this agreement, or
Lessor, at its option, may enter upon the premises where
such equipment is located and take immediate possession of
and remove the same, all without liability to Lessor for
damage to property or otherwise.
(2) Sell any or all of the equipment at
public or private sale, with or without notice to Lessee, or
advertisement or otherwise dispose of, hold, use, operate,
lease to others and keep idle such equipment, all as Lessor
shall in its own discretion may determine, and all free and
clear of any rights of Lessee and without any duty to account
to Lessee for such action or inaction or for any proceeds
with respect thereto.
(3) By written notice to Lessee, cause
Lessee to (and Lessee agrees that it will), pay the Lessor
as liquidated damages (for loss of a bargain and not as a
penalty) on the date specified in such notice an amount
(plus interest thereon at the rate of eighteen percent (18%)
per annum from said date to the date of actual payment on
the unpaid balance) equal to all unpaid rent payments which
absent and default would have been payable hereunder for the
full term hereof, or
(4) Lessor may exercise any other right or
remedy which may be available to it under applicable law or
proceed by appropriate court action to enforce the terms
-5 -
hereof or to recover damayes for the breach hereof or to
rescind this agreement as to any or all equipment. In
addition, Lessee shall continue to he liable for all
indemnities under this agreement and for all reasonable
attorney's fees, costs and expenses resulting from the
foregoing default or the exercise of Lessor's remedies,
including placing any equipment in the condition required
under this agreement. No express or implied waiver by
Lessor of any default shall constitute a waiver of any othe.
default by Lessor or a waiver of any of Lessor's rights.
9. Any notices and demands required to be given here-
under shall be given to the parties in writing and by regular
mail at the addresses herein set forth adjoining the names
of the parties hereto.
10. Lessee, at its own cost and expense, shall keep
all equipment in good repair, condition and working order
and shall furnish all parts, mechanisms, devices and servicing
required therefor. All such parts, mechanisms and devices
shall immediately become the property of Lessor when affixed
to the equipment and part of the equipment for all purposes
hereof in the event that any item of equipment shall become
lost, stolen, destroyed, damaged beyond repair, or rendered
permanently unfit for use by any reason, or in the event of
any condemnation confiscation, theft, or seizure or requisition
of title to or use of such item. Lessee specifically covenants
to use the Barath Acoustics, Inc. operation with respect to
maintenance and repair of the sound system leased hereunder.
Lessee specifically covenants to keep current the payments
with respect to BMI and ASCAP copyright licenses.
11. Lessee shall obtain on the equipment at its own
expense, property damage and liability insurance in such
-6 -
amounts against such risks, and in such form and with such
insurers as shall be satisfactory to Lessor. The Lessee
covenants that the amount of property damage insurance shall
not be less than the full replacement value of the equipment.
Each insurance policy will name Lessee as an insured and
Lessor as an additional insured and shall contain a clause
requiring the insured to give Lessor at least ten (10) days
prior written notice of any alteration in the terms of such
policy or of the cancellation thereof. At Lessor's option,
Lessee shall furnish to Lessor a certificate of insurance
carrier or other evidence satisfactory to Lessor that such
insurance coverage is in effect, provided, however, that
Lessor shall he under no duty either to ascertain the existence
of or to examine such insurance or to advise Lessee in the
event such insurance shall not comply with the requirements
hereof.
12. Upon the expiration of the lease of each item of
the lease, of each item of equipment, the Lessee shall, at
its own expense, immediately return such equipment in the
same condition as when delivered to Lessee, ordinary wear
and tear excepted, to Lessor at such location as Lessor
shall designate.
13. Lessee will promptly execute and deliver to Lessor
such further documents and take such further action as Lessor
may request from time to time in order to more effectively
carry out the intent and purpose hereof, including without
limitation:
a. The filing of a memorandum of this agreement
in accordance with the laws of the State of Colorado, and
b. taking such further action as Lessor may deem
appropriate or desirable to protect Lessor's interest hereunder
-7 -
in accordance with the applicable law of the State of Colorado.
Lessee specifically hereby authorizes Lessor to effect any
such filing as aforesaid, (including the filing of any
financing statement under the Uniform Commercial Code) and
at the option of Lessor, Lessor's costs and expenses with
respect thereto shall constitute additional rent payable on
demand.
14. This agreement cannot be cancelled or terminated
except as expressly provided herein.
15. Any provision of this agreement which is unen-
forceable in any jurisdiction shall, as to such jurisdiction,
be ineffective to the extent of such unenforceability without
invalidating the remaining provisions hereof, and any such
unenforceability in any jurisdiction shall not render
unenforceable such provision in any other jurisdiction. To
the extent permitted by applicable law, Lessee waives any
provision of law which renders any provision hereof unenforceable
in any respect. Any waiver of the terms hereof shall be
effective only with respect to the specific instance and for
the specific purpose given. Time is of the essence in this
agreement. This agreement shall in all respects be governed
by and construed in accordance with the laws of the State of
Colorado, including all matters of construction, validity
and performance.
16. The parties hereto agree and acknowledge that the
Lessor is the owner of the right to use the name "After the
Gold Rush" as well as any and all standard logos relating
thereto. In addition, the parties hereto acknowledge and
agree that Lessor has the exclusive right to use and license
others to use such rights.
17. Lessee covenants not to use such trade names and
logos under any circumstances.
-8-
18. In addition, as set forth above, any and all defaults
and any other covenant Lessee has made to Licensor or Lessor
shall constitute a default under each and every other agreement
made by and between the parties hereto.
19. Robert P. Mimnaugh and Max Edwin Kingsley do hereby
agree for themselves, their heirs, assigns, and successors,
to individually guarantee each and every corporate obligation
as set forth above.
SIGNED this day of , 1981.
AFTER THE GOLDRUSH, INC.
B Y (
GOLDEN SANDS, INC.
BY:
Ro ert
/ Ma E win Kingsley
ninaugh
2T 1
AFTER THE GOLD RUSH, INC. -- GREELEY
SUPPLIES INVENTORY
848 Highball glasses
217 Cocktail glasses
34 Pitchers
24 Coffee cups
36 Shot glasses
40 Champagne glasses
Beer glasses
61 Plastic ash trays
53 Glass ash trays
2 Plastic quart containers
1 Plastic gallon container
3 Overhead glass racks
21 Popcorn baskets
2 Accessory holders
6 Cocktail trays
invited quantity
Li iited quanti1ty
Lim ted quan ity
-"
Limitd qua ,ntit Y
Limite• qu�a/ntity
Limited .'/uantity
Limited •uantity
Limite• q •ntity
Limited qua tity
Limited quantity
Limi ed quan ity
Lim ted quant ty
ited quanti
Limited quantit
:Limited quantity
Date
<'
Approved
A f' 10 g pale s
AFTER THE GOLD RUSH, INC. -- GREELEY
SUPPLIES INVENTORY
1 Pencil holder
1 Stapler
1 Tape holder
3 Plastic stackable trays
1 Wall clock
Office supplies
5 Plastic trash cans
2 6' ladders
1 3' step ladder
2 Push brooms
1 broom
1 Dust pan
2 Mops
4 Squirt bottles
1 1/4 Plexiglass 4' x 8'
1 Handsaw
1 Drill
2 Crescent wrenches
1 Hammer
1 Tin cutter
4 Screwdrivers
1 Pipe wrench
2 Plungers
1 Butane torch
1 Box ceiling tile
2 Caulking guns
3 only & 2 restrooms C:C
-Not--here f
Not —he -re -
Not here
Not here
1 only
Date
(74
c,
e:'"
Approved {?t—
i
FA/chit A '. P Q 0Y s �aL7
a nt-
AFTER THE GOLD RUSH, INC. -- GREELEY
SUPPLIES INVENTORY
1 Victor pre-set cash register
1 E.D.I. Liquor system with 2 guns Not working, buyer fixed 671.01
1 Soda system with 2 guns 1 gun not working water
2 Liquor well with cold plates
1 Ice machine and scoop Not working, buyer purchased
new one <' f' -ti: ns•.-o-A!'i'6'C
1 Refrigerator
1 Walk-in cooler
3 Foosball tables 2 taken back
1 Stainless steel sink
2 Portable heater
2 Electric fan
1 Time clock with card rack
1 Vacuum cleaner
52 Tables
275 Chairs
1 Swiverl chair (ticket booth)
1 Cash box
18 Rustic antiques taken back
2 Blenders
2 Fruit trays
1 Whiskey barrel
2 Fire extinguishers
3 Game lights (Schlitz)
1 25 gallon trash receptacle
1 Filing cabinet
1 Office desk
1 Flourescent desk light
1 Office card file
1 10 -key adding machine
1 Desk chair
1 Removable shelving (4' x 3')
a
one only C& -
Not here r /79 Q,
)�) C44t
Not —here- c )<
see eft4y >•2 (ja,
:/ "?n
2 only t'
xk;,b;t t'. Rqe3 0cf Svacies
Date
Approved
Ike
•
AFTER THE GOLD RUSH, INC. -- GREELEY
SUPPLIES INVENTORY
1 Garden hose
16 Food lights (extra) N.t hers
5 Flourescent lights (extra) No here
1 Box parquet (extra) Not ere
I Case toilet paper No 'ere
/
1 Christmas tree stand Not h re
Date / ? % — /
Approved
r)ctubi/ 4 Pole 4 o'Ks-raye.
AFTER THE GOLD RUSH, INC. -- GREELEY
SUPPLIES INVENTORY
1 Crown DCLOOA
1 SAE Mark 1VC
1 SAE 2700 B Equalizer
1 JBL 5232 Crossover
1 Sansui AU -101 Headphone
1 Audio Transport DC -202 mixer
1 Uni Dyne 515BG Microphone
2 Gates CB1200 Turntables
2 JBL 4350 Speaker enclosures
I After The Gold Rush Electronic Light Show 8' X 60'
816 Miscellaneous record albums - inventory attached
73 Miscellaneous 45 records - inventory attached
Date
Approved C` _ ' 22 . /K
aite
FKtI,brtt e c opor°S ,
AGREEMENT FOR THE PURCHASE AND SALE OF ASSETS
THIS AGREEMENT, made and entered into this day of
11.14Y$
ller
, 1 98j,� by and between AFTER THE GOLD RUSH,
INC S , and GOLDEN SANDS, INC., a Colorado corporation,
Purchaser/Buyer, and ROBERT P. MIMNAUGH and MAX EDWIN KINGSLEY
("Guarantors").
WHEREAS, Seller wishes to sell all of the assets described
in paragraph 1 below, and
WHEREAS, Purchaser wishes to purchase said assets.
NOW, THEREFORE, in consideration of the premises, the
mutual promises, covenants and conditions hereinafter set
forth, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, it has been
and is hereby agreed as follows:
1. ASSETS BEING ACQUIRED. Subject to the terms and
conditions hereinafter set forth, Seller agrees to sell to
the Buyer and the Buyer agrees to purchase:
a. All inventory listed on the document labeled
as Exhibit "A", which is attached to this agreement and by
this reference thereto incorporated herein.
b. Any and all licenses capable of transfer
relating to the premises described in "Exhibit A" attached
to the Building Lease by and between the parties hereto
executed at about the same time as this agreement, including
a Tavern Class Liquor License.
2. PURCHASE PRICE AND PAYMENT THEREOF. The total
purchase price to be paid by the Purchaser, to the Seller
for the assets ahove-referenced, shall he One Hundred Dollars
($100.00). The purchase price shall be payable as follows:
a. In addition to the earnest money delivered to
Seller at closing, the Buyer will deliver cash or certified
funds at closing in the amount of One Hundred Dollars ($100.00).
-2-
h. However, the Purchaser shall have the right
to pay any debts of the Seller which may impair the rights
of the Purchaser under this agreement. Provided, however,
that Seller has the right to dispute any debts and shall be
entitled to place in a mutually acceptable escrow the monies
necessary for the payment of said disputed debts.
3. ALLOCATION OF PURCHASE PRICE. The purchase price
of One Hundred Dollars ($100.00), provided for in paragraph 2
hereof, shall be allocated as follows:
Goodwill and License. . $100.00
4. ADDITIONAL ITEMS. Taxes and insurance, if any,
shall be prorated at the time of closing, as of the closing
date.
5. CONDITIONS PRECEDENT. The consummation of the
transaction covered by this agreement is expressly conditioned
upon the satisfaction of the following conditions precedent,
any one or more of which may be waived by the Buyer in writing:
a. The approval by all applicable governmental
authorities of the transfer to Buyers of the Tavern Class
Liquor License.
b. The representations and warranties of the
Seller contained in this agreement and the certificates and
documents to be delivered pprsuant hereto, shall be true and
correct when made, and as of the closing date, and will not
contain any untrue statement of a material fact. Seller
shall have performed and satisfied all covenants, agreements,
and conditions required by this agreement to be performed
and satisfied by them hereunder.
c. A lease agreement effective between the parties
hereto, concerning the premises now occupied by the Seller,
as above recited, which is approved by Buyer.
-3-
6. REPRESENTATIONS AND WARRANTIES OF SELLER. As an
inducement to the Buyer to enter into this agreement, Seller
represents and warrants to Buyer as follows:
a. The Seller has the power to own the assets as
defined above, and to carry on their business as now being
conducted by them. The Seller has the power to assign and
transfer to Buyer all of the assets specified in this
agreement which are to be transferred to the Buyer at
closing.
b. The execution and delivery of this agreement
does not, and the consummation of the transactions
contemplated hereby will not, violate any provision of the
documents controlling the operation of the Seller, nor
violate any provision of the Articles of Incorporation, By -
Laws, mortgage, lien, agreement, instrument, order, judgment
or decree to which the Seller, or the corporations constituting
the Seller, is or are parties, whereby which it or they are
bound, and will not violate any other restriction of any
other kind or character to which the Seller is subject. The
Seller and the stockholders of their constituent corporation,
if any, have taken or will take action required by law, the
Seller's Articles of Incorporation and Bylaws, or otherwise,
to authorize execution and delivery of this agreement and
the consummation of the transactions described herein.
c. There are no rights to acquire shares of
stock of the Seller outstanding, which rights require the
holders thereof to approve the execution of this agreement
or the consummation of the transactions covered hereby.
d. Seller has or will have by date of closing,
good and marketable title in and own all of the assets to be
sold hereunder, free and clear of all liens, encumbrances
-4 -
and other leases, except as otherwise set forth in the docu-
ments attached to this agreement, and free and clear of any
and all other defects of title.
e. The Seller has filed or caused to be filed,
all returns for federal, state and local taxes which are
due, and has paid such taxes to the extent they have become
due. To the best of Seller's knowledge, there are no assess-
ments or additional taxes threatened against the Seller or
any of its properties. The Seller is not delinquent in the
payment of any tax assessment or government charge, does not
have any tax deficiencies imposed or assessed against it,
and has not executed any waiver of the statute of limitations
on the assessment or collection of any tax, which actions in
any manner would affect title to any of the property to be
transferred.
f. There are no actions, suits or proceedings
pending, or to its knowledge, threatened against the Seller,
or any of its properties or any assets of its business, in
law or in equity, which might result in any judgment, order,
injunction or decree having a material or adverse effect
upon its business operations, properties, assets or financial
condition.
9 -
The only officers and directors of Seller at
the time of this transaction are:
h. There are no facts, either known to the officers
or directors of the Seller or Seller individually, or which
reasonable investigation would have disclosed, that would
-5 -
affect materially or adversely the operation of Seller or
the rights of the Buyer under this agreement.
7. CLOSING DATE. The closing shall take place at a
time and place designated by Seller.
8. PERFORMANCE OF CONTRACT. Time is of the essence
hereof, and if any payment or other material condition hereof
is not made or performed by either the Seller or the Buyer
as herein provided, then this agreement shall be null and
void and of no force and effect and both parties hereto
shall be released from all obligations hereunder, at the
option of the party who is not in default. However, in the
event the non -defaulting party elects to treat this agreement
as being in full force and effect, then nothing herein shall
be construed as to prevent its specific performance, or
damages, as the case may be.
9. DESTRUCTION OR DAMAGE PRIOR TO CLOSING AND RISK OF
LOSS. If at the closing, any of the assets being acquired
hereunder or the premises out of which the Seller presently
operates have suffered loss or damage on account of fire,
flood, accident, or any other cause or event, to an extent
which substantially affects the value of same, Buyer shall
have the right, in its sole discretion, to consummate this
agreement. In this event, Buyer will be entitled to all
insurance proceeds collectible by reason of such loss or
damage
on property being purchased, or if the Buyer does not
so elect to purchase, Seller shall have the right, and it
shall be in lieu of all other rights or remedies whatsoever,
to terminate this agreement, in which event Buyer shall be
entitled to recover all amounts paid to Seller or Seller's
creditors from Seller. If, and in the event this agreement
is terminated, in accordance with the provisions of this
-6 -
paragraph, all parties to this agreement shall he released
from any further liability hereunder.
10. ITEMS TO BE DELIVERED AT CLOSING BY BUYER. At
closing, the Buyer shall deliver to the Seller, the funds as
set forth in paragraph 2 above. The Buyer shall also deliver
a release to Seller relating to any obligations Seller may
have under any management agreements existing at closing, in
the form designated by Seller.
11. ADDITIONAL DOCUMENTS AFTER CLOSING. The parties
hereto agree to execute and deliver any and all other docu-
ments necessary and convenient to effectuate the sale and
purchase herein provided for, and both the Buyer and the
Seller, as an inducing condition, represent that they have
the authority to enter into this agreement and to make the
foregoing commitments for themselves. In addition, Seller
agrees that it will, from time to time, at the request and
expense of the Buyer, execute and deliver or cause to be
executed and delivered, all such further hills of sale,
assignments, instruments of transfer and agreements that may
reasonably he required by the Buyer in order to vest title
and/or proof of the same in the Buyer to any and all of the
properties or assets hereby conveyed or intended hereby to
be conveyed or for aiding the assisting in the performance
or collection by Buyer of any such assets or properties.
12. PAYMENT OF TAXES AND ALLOCATION OF EXPENSES. The
Buyer is responsible for all attorney's fees incurred in
connection with the preparation of this agreement and all of
the documents needed to consummate the transactions described
herein. All other items, including all utility charges,
personal property taxes, and all other charges with respect
to the assets being acquired hereby, shall he prorated to
-7 -
the date of closing, and paid then by the respective
parties.
13. LIABILITIES NOT ASSUMED AND INDEMNIFICATION.
Buyer agrees to assume those liabilities listed in this
agreement.
14. MISCELLANEOUS. The following miscellaneous
provisions shall govern the interpretation and consummation
of the transactions described herein:
a. This agreement shall be interpreted and construed
in court in accordance with the laws of the State of Colorado.
b. Should any clause or provision of this Agreement
be declared invalid, void or voidable for any reason in
whole or in part, any such invalid, void or voidable clause
or provision shall not affect the whole of this agreement,
and the balance of the provisions hereof shall remain in
full force and effect to the same extent and in the same
manner as if such invalid, void or voidable clause or provision
had been omitted from the terms and conditions hereof, each
of the parties hereto covenants and agrees with each other
that it would have executed this agreement in accordance
with its provisions had such invalid, void or voidable clause
or provision been omitted herefrom.
c. Any notice, demand or communication under or
in connection with this agreement which either party desires
or is required to give to the other, shall be deemed delivered
when deposited in the United States mail, postage prepaid,
or when personally served upon the other party, as follows:
If to the Seller at: AFTER THE GOLD RUSH, INC.-
Greeley, 6305 West 6th Avenue, Unit D-5, Lakewood, CO 80214.
If to the Buyer at: GOLDEN SANDS, INC., c/o Robert
Mimnaugh, 1070 South Foothill Drive, Lakewood, CO 80228.
-8-
15. SURVIVAL OF REPRESENTATIONS AND WARRANTIES. All
of the representations, warranties, covenants and agreements
made in this agreement or contained in the certificates or
documents furnished in connection herewith, shall survive
the closing date, and shall be applicable and effective,
notwithstanding any investigation to or after the closing
date by the Buyer or the Seller, or their respective agents
or representatives.
16. BINDING EFFECT. This agreement shall be binding
upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
17. ENTIRE AGREEMENT. This agreement constitutes the
entire agreement of the parties hereto with respect to the
subject matter hereof. All previous negotiations, and
documents relating hereto, are deemed by the parties to he
merged in this final writing. There are no representations,
warranties, conditions or obligations except as herein
specifically provided. Any waiver, amendment, or modification
hereof shall not be deemed to be a continuing waiver or
waiver of any other instance.
18. TITLES. The titles of the paragraphs of this
agreement are for convenience of reference only, and are not
to be considered in construing or interpreting this agree-
ment.
19. GUARANTEE. Robert P. Mimnaugh and Max Edwin
Kingsley do hereby agree for themselves, their heirs,
assigns, and successors, to individually guarantee each and
every co-porate obligation as set forth above.
-9 -
Dated at Denver, Colorado, this
, 1984
SELLER:
T
day of
AFTER THE GOLD RUSH, INC.
BY: 1
BY:
GUARANTOR
1//
BUYER:
GOLDEN SANDS, INC.
STATE OF COLORAQO
COUNTY OF .��.� ;( `
✓/ (/il�� s�G�J
Max Edwi Kingsley
SS.
Subscribed and sworn to before me this yday of
/ •%', 4 .f. , 1 981 , by (1,_1 �-*_�,
My Commission Expires: fey:</
Notary Public
r.-
Residence: 7 ?;) •:f_,i',G�-:�
SPECIAL MEETING
GOLDEN SANDS INC.
WAIVER OF NOTICE
A. sped RI meet ing will be called on November 15. 1981 by Robert P.
Mimnaugh President, Golden Sands, Inc. a Colorado Corporation. Meeting
to be held at 2 PM 1070 S. Foothill Drive Lakewood,Colorado 80228.
Items to be discussed and voted on are the purchase of liter The Gold Rush
- Greeley ( Theo's) and the election of Lance Gillis as an officer of the
corporation
Robert P. Milnnaugh
Date November 5.1981
Max Edwin Kingsley S.-reta Treasurer
Special Meeting of Stockholders and Directors
A special meeting was called by Robert P. Mimnaugh President of Golden
Sands Inc., a Colorado Corporation on November 15, 1981 at 2 PM at 1070
S. Foothill Drive Lakewood, Colorado 80228. Waiver of notice of said
meeting was executed by all stockholders and directors.
Robert P. Mimnaugh acted as chairman of the meeting, A majority of stock-
holders and directors being present and controlling all the outstanding stock
of the corporation, a forum was declared present.
Upon motion and duly seconded Paul Randy Dean Roberts resignation as Vice
President and Director was accepted by acclamation.
Upon motion and duly seconded Lance S. Gillis was elected Vice President
and Director by acclamation.
Robert P. Mimnaugh requested that he be allowed to complete the purchase
of the building lease, equipment lease and liquor license from After The Gold
Rush - Greely presently operating under the name of Theo's at 2630 6th Ave.
Greeley, Colorado 80631. Upon motion duly made and seconded it was unanimously
agreed that Robert P. Mimnaugh proceed with the purchase as soon as possible
and that he has full authority to complete the purchase without further discussion.
There being no further business to conduct at this time Robert P. Mimnaugh
closed the meeting.
717 krit•-fyil
augh P$sident
'rector
ax Edw'n King
Lance S Gillis Vice
esidknt
Director
November 5, 1981
Gol den Sands Inc.
1070 S, Foot hill Drive
Lakewood, Colorado 80228
Please accept my resignation as Vice President and Director of the
Gol den Sands Corporat ion effect ive immediately.
Sincerely'
ea 1 AN%,"31
Paul Randy Dean Roberts
Form D1 (Rev. 10/80)
' 1•
1 ARTICLES OF INCORPORATION
FOR OFFICE USE ONLY
- /
2 SEP'ul
UEi'L• -,
DU
E
I/We, the undersigned natural person(s) of the age of eighteen years or more, acting as incorporator(s)
of a corporation under the Colorado Corporation Act, adopt the following Articles of Incorporation for
such corporation:
FIRST: The name of the corporation i'
SECOND: The period of duration is
Golden Sands Inc.
Perpetual
(a stated number of years, or the word PERPETUAL)
THIRD: The purpose or peaposes for which the corporation is organized: Any Legal and Lawful Purpose Pursuant to the Colorado
Corporation Code Manag-ment Corp for the management and or owner ship of retail
food and beverage otttets
FOURTH: The aggregate number of shares which the corporation shall have the authority to issue is
100, 000 and the par value of each share shall be no par value
(dollar amount or "no par value")
FIFTH: Cumulative voting of shares of stock is no authorized.
SIXTH: Provisions limiting or denying to shareholders the preemptive right to acquire additional or
treasury shares of the corporation if any, are: none
SEVENTH: The address of the initial registered office of the corporation is 1070 S. Foothill Drive
Lakewood, Colorado 80228
(Address must include Building number. Street (or rural route number). Town or City, County and ZIP CODE.)
and the name of its initial registered agent at such address is
R obert P Mimnaugh
EIGHTH: Address of the place of business•
(If different from registered office)
NINTH: The number of directors constituting the initial board of directors of the corporation is
three and the names and addresses of the persons who are to serve as directors until the first
annual meeting of shareholders or until their successors are elected and shall qualify are: (At least 3.)
NAME ADDRESS (include zip code)
Robert P. Mimnaugh 1070 S. Foothill Drive Lakewood, Colorado 80228
Paul Randy Dean Roberts 302 Bannock Denver, Colorado 80203 #A
Max Edwin Kingsley 302 #A Bannock Denver, Colorado 80203
TENTH: The name and address of each incorporator is: (At least 1).
NAME ADDRESS (include zip code)
Robert P. Mimnaugh 1070 S. Foothill Drive Lakewood, Colorado 80228
STATE OF
COUNTY OF
}
SS.
Signed
Signed
Signed
Incorporators
Theforegoinginstrument was acknowledged before me this day of 5),,,,v7:
( 19 (6 I , by g *A -T e
1.4,0 QU¢
(name of each incorporator)V
In witness whereof I have hereunto set my hand and seal.
My commission expires
7- R2 -4 -‘5" -
TOTAL OF FEES: $24.75
MUST BE TYPEWRITTEN (BLACK)
SUBMIT ORIGINAL AND ONE COPY
W
Notary Public
Q �7
cr W o2( kg4c1 co. iS o �� r
ADDRESS
DEPARTMENT OF
STATE
9, MARY ESTILL BUCHANAN, Yec4eta4/Ai of Wale of the
Pete of Woktaio hay ceitilb fiat the AteAer64i/e4 k the
ibowince of Ala ce4 xik home leen fal/-fled in camf fiance
with law and ale /ova to conkn to lane.
4caletsily, the urnc%ieoifned, 4 vidue of the atelha y
weak" 6n me 4, law, 11,e400 1644/44 A
TO GOLDEN SANDS INC.
DATED:
SEPTEMBER 2, 1981
CERTIFICATE OF INCORPORATION
-1"1
r SECRETARY OF STATE
MINUTES OF ORGANATIONAL MEETING OF DIRECTORS
AND STOCKHOLDERS
A special meeting was held on September 2.1981 at seven P.M. at 1070
South Foothill Drive Lakewood,Colorado. The meeting was held to elect the
officers and directors of the Golden Sands Inc. a Colorado Corporation dba.
Golden Sands Management Company. Waiver of notice of said meeting was
executed by all directors and stockholders.
Robert P. Mimnaugh acted as chairman of the meeting. The majority of
stockholders being presented and controlling all the outstanding stock of the
corporation, a forum was declared present.
Upon motion duly made and seconded Robert P. Mimnaugh was elected President
and Director by acclamation.
Upon motion duly made and seconded Max Edwin Kingsley was elected Secretary -
Treasurer and Director by acclamation.
Upon motion duly made and seconded Paul Randy Dean Roberts was elected Vice -
President and Director by acclamation.
It was unanimously agreed that Robert P. Mimnaugh be the registered agent of
the Corporation. It was unanimously agreed that life insurance shall be taken
out for the key operating officers and that they will also have medical insurance
for all key personnel.
It was unanimously agreed that the Corporation shall have the authority to issue
100,000 shares of stock.
Page 1 of 2
. Page g
CORPORATION MINUTES
September 2.1981
It was unanimously agreed that Robert P. Mimnaugh be issued 5.000 shares of
stock and presently own all the outstanding shares of stock.
It was unanimously agreed that Robert P. Mimnaugh shall set up all checking
and bank accounts needed by the corporation, and that the office of the corporation
shall be at 1070 S. Foothill Drive, Lakewood, Colorado 80228.
There being no further business to conduct at this time Robert P. Mimnaugh
closed the meeting.
Robert
President •irector
//ttv an,
Max Edwin Kingsley
ecretary- Treasurer erector ( I A u `�� w��E _ *Ls
Paul Randy Dead Roberts
Director Vice President
AFTER THE GOLD RUSH, INC.--GREELEY
MANAGEMENT CONTRACT
THIS AGREEMENT, made and entered into this day of
September , 1981, by and between AFTER THE GOLD RUSH, INC.--
GREELEY (hereinafter referred to as "Employer") and Golden Sands, Inc.,
Robert P. Mimnaugh, and Max Edwin Kingsley
(hereinafter referred to as "Managers") and Robert P. Mimnaugh and
Max Edwin Kingsley (hereinafter referred to as "Guarantor").
WITNESSETH:
In consideration of the mutual covenants, promises and
agreements herein contained, the parties hereto agree as follows:
1. EMPLOYMENT. The Employer hereby employs the Manager
and the Manager hereby accepts employment upon the terms and conditions
hereinafter set forth. The Employer and the Manager agree that
during the term of this employment the Manager shall operate the
business under the name of THEO'S.
2. TERM. Subject to the provisions of termination as
hereinafter provided, the term of this Agreement shall begin on
September 1, 1981 and shall continue for a period of one year.
The Manager shall have the privilege and option of renewing and
extending this Agreement upon the same terms and conditions which
follow, for an additional six (6) year period, three (3) subsequent
two-year options. Employer and Manager may enter into additional
options.
3. COMPENSATION. For all services rendered by the Manager
under this Agreement, Employer shall provide compensation as follows:
Manager shall receive as compensation for his services all gross
receipts from the operation of the bar/restaurant/discotheque operated
by Manager pursuant to this Agreement, less the following:
A. Payment by Employer of Colorado sales and use
tax on the operations of the establishment operated by
Manager, and other obligations as to which Employer is
the obligor, which obligations have been fully disclosed
by Manager;
B. Payment to the Employer of One Thousand Eight
Hundred Dollars ($1,800.00) or twelve percent (12%) of
the gross sales receipts per month, whichever is greater.
Gross sales are after all State, County, and City sales
and use taxes.
4. PAYMENT TO EMPLOYER. Manager shall turn over to
Employer, on or before the fifth day of each month during the term
of this Agreement, any and all funds due the Employer under para-
graphs 3A and 3B of this Agreement.
5. BOOKS AND RECORDS. The books and records of the
business shall be open to verification by Employer or his agents or
employees during regular business hours.
6. OPTIONS. Should Manager elect to enter into subsequent
two-year agreements, the payment due the Employer under paragraph 3B
of this Agreement shall be increased as follows:
1982 - 1984
1984 - 1986
1986 - 1988
Manager must notify Employer of his intention to renew and
$2,100 or 12% of gross sales,
whichever amount is greater
$2,400 or 12% of gross sales,
whichever amount is greater
$2,700 or 12% of gross sales,
whichever amount is greater.
take each option at least sixty (60) days prior to the end of the
Agreement and each additional option, in writing.
7. DUTIES. The Employer shall employ the Manager to
manage the establishment located at 2630 - 6th Avenue in Greeley,
Colorado, subject to the terms of this Agreement and the Manager does
hereby accept such employment and shall devote his full time and
attention and best efforts to the performance of his duties hereunder.
Manager's duties shall include, but not by way of limitation,
the day-to-day management of the bar/restaurant/discotheque;
-2-
employment of salaried or hourly personnel; maintenance of books and
records; continued maintenance of the existing security system on
the building and grounds; filing of any and all trade name affidavits
or other locally -filed records; maintenance of BMI and ASCAP copyright
licenses and any other copyright licenses which may apply to the
operation of the business; maintenance of all equipment listed on
Exhibit A attached hereto in proper working condition; maintenance
of inventory and supplies and records based thereon; maintenance of
property, liability, bonding, and other appropriate insurance
pursuant to the terms of paragraph 8 herein; compliance and conform-
ance with all local, state and federal laws, ordinances and regulations
relating to the operation of a bar/restaurant/discotheque; appropriate
filings with all taxing authorities, including employer identification;
negotiation with all utility and maintenance groups, unions, municipal
authorities, and any other person or entity the functions of which
are essential to the operation of the business.
8. EXPENSES. Manager shall be responsible to pay from the
balance of the gross receipts all payroll, payroll taxes, insurance,
and any and all other expenses of operating the business of a bar/
restaurant/discotheque. Manager expressly agrees to provide all
necessary employees for the operation of the establishment and to
be expressly liable for payment of all payroll and related taxes.
Said employees shall be the employees of the Manager and not the
employees of the Employer. It is the intent of the parties that
the Manager shall not be an employee of the Employer, but shall be
considered for all purposes an independent contractor.
Manager agrees to pay all public utility costs including,
but not by way of limitation, water, gas, sewer and electricity.
The telephone and utilities shall be held in the name of the Manager.
Manager further agrees to maintain and keep in an orderly condition
and in a good state of repair the interior of the bar/restaurant/
discotheque. Manager agrees further to pay all costs of furnishings
and equipment not listed on Exhibit A if he determines to add such
-3-
furnishings and equipment to the business operation. Employer may,
at its option, reimburse Manager for the cost of such furnishings and
equipment. Employer agrees to train the Manager in the operation of
the Employer's light show and sound system;
Manager will pay the out-of-pocket expenses
performed by Employer. The sound system is
accordance with
of the Manager.
of advertising.
Employer shall be responsible for the real property taxes
and repairs of any major structural damage not the result of
Manager's neglect or improper repair; Employer further agrees to
maintain the wiring and plumbing, but not the floors, ceilings and
exterior wall furnishings; Manager shall assume the responsibility
to pay the cost of insurance on the real property and building,
including liability insurance. Manager shall keep in effect the
insurance presently maintained by the Employer and shall keep such
additional insurance as he deems necessary.
9. RESTRICTIVE COVENANT. For the period of two (2) years
from the date of termination of this Agreement, Manager will not,
within a radius of twnety (20) miles from the location herein, own
provided, however,
incurred in any repairs
to be maintained in
the advice of Barath Acoustics, Inc., at the expense
Manager shall be responsible for any and all expenses
operate a bar/restaurant/discotheque, operate, enjoy in, control, be
employed by, or participate in the ownership, management, operation
or control of, or be connected in any manner with any business of the
type and character of business engaged in by the Employer at the
time of such termination.
The Manager recognizes that due to his employment he has
gained access to the workings of a unique light show and sound system
and to confidential trade information concerning the operation and
management of the night clubs, bars, restaurants, and other entert-
ainment establishments owned by the Employer and After The Gold Rush,
Inc., Denver, Colorado, and Entertainment Concepts, Ltd., Denver,
Colorado. Upon termination of employment with the Employer, all
-4-
documents, records, notebooks, and similar repositories of or
containing such confidential information, including copies thereof,
then in the Manager's possession, whether prepared by him or others,
will be left in the possession of the Employer.
10. REMEDY FOR BREACH. Both parties recognize the services
to be rendered under this Agreement by the Manager are special,
unique, and of an extraordinary character, and that in the event of
a breach by the Manager of the terms and conditions of this
Agreement to be performed by him, or in the event the Manager
shall, without the written consent of the Employer, leave his employ-
ment and perform, in the future, services for any person, firm, or
corporation engaged in a competing line of business with the Employer,
the Employer shall be entitled, if it so elects, to institute and
prosecute proceedings in any court of competent jurisdiction, either
in law or in equity, to obtain damages for any breach of this Agree-
ment or to enforce the specific performances hereof by the Manager
or to enjoin the Manager from performing services for any such other
person, firm or corporation, during the period herein contracted for,
but nothing herein contained shall be construed to pervent such remedy
in the courts, in case of any breach of this Agreement by the Manager,
as the Employer may elect to evoke.
Manager agrees not to demonstrate the mechanics of the
light show and sound system to any other person or entity and
further agrees and covenants not to utilize, except for the benefit
of the Employer, any knowledge or business and financial contacts
acquired as a result of his relationship with Employer. Manager
shall make no use for his own benefit of any customer list or other
names or business and financial contacts of Employer to promote or
participate in any way in any bar, restaurant, night club, or other
entertainment establishment.
11. WAIVER OF BREACH. The waiver of the Employer of a
breach of any provision of this Agreement by the Manager shall not
operate or be construed as a waiver of any subsequent breach by the
Manager.
-5-
12. INDEMNIFICATION. Manager agrees to indemnify Employer
for any costs or damages associated with theft, vandalism, or
related occurrences. Manager will not take or allow any other
employee to take any action which would jeopardize the licensing,
insurance, or any other contract with any person or entity or
municipal authority. Manager agrees to indemnify and hold harmless
the Employer from all damages and all penalties arising out of any
failures of Manager, in any respect, to comply with any or all of
the requirements and provisions of this Agreement, and the Manager
covenants that he will keep and save Employer and Employer's interests
in the business forever harmless from any penalty or damage or charge
imposed for any violation of any law, whether occasioned by act or
neglect of said Manager, or by another or other in the premises
operating under or through the Manager.
13. SALE OF BUSINESS, PROPERTY AND BUILDING. Employer
represents that the building, land and business to be operated by
Manager are currently listed for sale. Manager shall have the right
of refusal with respect to any offer to purchase the business,
property and building; provided, however, that if Manager shall fail
to exercise his right of first refusal within thirty (30) days from
the presentation to him of a contract for sale identical to the
terms of
property
the right
property
an offer made by a third party to purchase the business,
or building from Employer, then the Employer shall have
to enter into a contract for the sale of the business,
or building to a third party, provided that said sale to a
third party includes the transfer and assignment of this Management
Contract and the third party purchaser expressly agrees to assume
the Employer's liability under this contract.
14. EQUIPMENT, INVENTORY AND SUPPLIES. All equipment,
inventory and supplies provided by Employer to the Manager shall be
verified by the Manager and shall be listed in Exhibit B attached
hereto. Upon termination of this Agreement, Employer shall be entitled
to a return of all equipment and shall have the right to keep and be
reimbursed for any and all supplies and inventory of record which were
-6-
not sold in the ordinary course of the business operated by Manager.
Any additional record inventory on the date of termination of this
Agreement shall become the property of the Employer. If the Manager
shall purchase any new equipment at his own expense, he shall maintain
a record thereof and, upon termination of this Agreement, he can remove
said equipment, provided no damage is done to the premises in
removing said equipment, and provided that the equipment belonging
to the Employer is in good condition, excepting for reasonable wear
and rear. However, before the Manager removes any of his equipment
upon the termination of this Agreement, he must secure the prior
approval of the Employer, which may not be unreasonably withheld. The
Employer may withhold approval of the Manager to remove his equipment
if the Employer's equipment has not been maintained in satisfactory
condition and/or if the removal of the Manager's equipment would
cause damage to the premises of the Employer. 15. DEPOSIT. At the time of execution of this Agreement,
the Manager shall deposit with the Employer the sum of Two Thousand
Dollars ($2,000.00), which shall be held by the Employer to ensure
performance by Manager of all provisions of this Agreement. This
deposit shall be refundable upon termination of this Agreement
pursuant to the terms of the Agreement, unless the Manager is in
default or has violated any of the provisions herein. The Manager
shall also provide to the Employer thefirst and last months' payment
due Employer pursuant to paragraph 3B herein, which amount is
considered to be One Thousand Five Hundred Dollars ($1,500.00) per
month as the last month's rent and One Thousand Eight Hundred Dollars
as the first month's rent. Within ten (10) days of termination of
this Agreement, the Employer shall give an accounting to the Manager
of any deposits which have not been returned to the Manager.
16. NOTICES. All notices and demands which Employer or
Manager may
be required to give or to serve upon each other shall be
deemed to have been given when a copy of it is deposited in the United
States mail, postage prepaid, certified or registered, addressed as
•
follows:
Employer: After The
6305 West
Unit D-5
Lakewood,
Manager
Gold Rush, Inc. --Greeley
6th Avenue
Colorado 80214
The place to which said notice shall be sent may be
changed by either of the parties hereto by written notice given as
hereinabove provided.
17. ENTIRE AGREEMENT. This instrument contains the entire
Agreement of the parties. It may not be changed orally but only by
an addendum in writing signed by the party against whom enforcement
of any waiver, change, modification, extension, or discharge is sought.
18. SEVERABILITY. The invalidity of any provision of this
Agreement, as declared by any court with jurisdiction over the Agree-
ment and the parties, shall not nullify any other portion of the
Agreement, and the provision declared invalid shall be severed from
the Agreement.
19. MISCELLANEOUS. The headins of the sections contained
herein are for convenience only and do not define, limit, or construe
the contents of such sections.
Manager does not, by virute of executing this Agreement,
become a partner of Employer in the conduct of its business or
otherwise, or a joint venture or a member of a joint enterprise
with Employer.
20. GUARANTY. Robert P. Mimnaugh and Max Edwin Kingsley
hereby guaranty in their individual capacity the performance by the
Manager under the terms of this Agreement, and hereby agree to be
personally liable for any and all breaches of this Agreement by the
Manager.
In addition, Theodore Hellen also hereby guarantees in his
individual capacity for a period of one year expiring September 1, 1982,
the performance by the Manager under the terms of this Agreement, and
hereby agrees to be personally liable for any and all breaches of this
Agreement by the Manager.
_ c_
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
Attest:
EMPLOYER:
AFTER THE GOLD RUSH, INC.--GREELEY
a Colorado corporation
By
Secretary Dennis R. Muck, President
MANAGER:
Attest: Golden Sands, Inc., a Colorado corporation
Robert P. M dividually
Max Edwin ing- ley ,jlndvidually
Thedore Hellen, Individually
(expiring September 1, 1982)
-9-
RL 404-I (6/791
STATE OF COLORADO
DEPARTMENT OF REVENUE/LIQUOR ENFORCEMENT
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5%
stockholder of a corporation, and the manager of the applicant.
NOTICE
This Individual History Record provides basic information which is necessary for the licensing authorities' investigation. ALL questions must be
answered iii 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 and reputation of the applicant.
Name of Busine
/I /GUS / / 7L /L
2. Your Full Name' (last/first/middle)
41/Al/V/9 Weigh c� h
4. Height Weight: air Color Eye Color
s—// / 7a' /t i/U
72, D RusL/erL
/ILK IL
Se
/lilt,:
Race:
Date:
C-4 //IC Z.K
3.
fr 2-- d'/
AI Known As: (maiden name/nickname/e
/306
5. Do you have a Colorado Drivers License?
'C•ES ENO
6. Your Rela ionsh ip to Applicant: (sole owner/partner/corporate officer/directo /stockholder or manager)
)) t/// 9le4-
7. If Stockholder, Number of Shares Owned Beneficially or of Record:
(
Percent of Outstanding Stock Owned.
Social Security Numbe
YES'", give number:
8. If Partner State Whether: I Percent of Partnership Beneficially Owned:
❑GENERAL ❑LIMITED
9. Residence Address: (street and number/city/state/zip)
70 70
10. Is your residence
OWNED ❑RENTED
If rented, from whom?
/1/t lAk/[ pvvv0
e, -L0
11, Mailing Address, If Different From Residence:
12. Name of Present Employer:
A/Cie,c 7-)K IaLA istah (,/'sc z14. Address of Business Where Employed: (street and number ty/state/zip)
263c S 6`4 Av/ 6: to it G/4_o
15, Present Position: /
/12nXig9C/C
16. Home Telephone:
9491-a.t9.' ,r -r
Business Telephone:
Ice-446ri
17. Date of Birth: /
Place of Birth:
nVa LSC/f•vo C, i1 Aid ri..-' a—cA
18. U.S. Citizen?:
VES ENO
If naturalized, state where: /
yn/Lk
When:
Name of U.S. District Court:
aturalization Ce tificate No.:
Date of Certificate:
If an alien, give Alien's Registration Card No.:
Permanent Residence Card No.:
19. Marital Status:
/ 9r /1, 2 i,r ,0
20. If spouse is a wife, wife's full maiden name:
l
,X v s n z / /z a /v,v (/1 i,r Iv/s c Ii 40? /d/3 A- /
21. Spouse's Date of Birth:
Place of Birth: oej
e95 `%��ad lliCcv'tn,
22. Ifs use's residence address is different than ours, list here.: (st eet an4 /zip)
23. If spouse works, state name of present employer:
CAA. 4 of - Line. .EUc 004 6&Ah4//Ies f+% /✓bc'74
Occupation: •
/-/f.CS/0gett %
13. Type of Business of Employment:
/V/447 Lrch
0
/
ss of present employer:
9/•10' L%f/r:`e cc? /Y/fib at4 ?l/-/vc-!c/t-
24. List the name(s) of all relativls work injin the liquof industry, giving their:
Name of Relative:
"'Are/1//14/A4.7 ,S
Relationship to you:
6/.��i/E/.�
Position held:7i-1.3
si on
NJR4✓/l yn'.L
%�`ia .t/RpI9efL 59,44/4.,A
jpnia-A �' e. S'AI
Location of employer:
�r0L Q%c/t/ �i too,
/�// Name of Relative: f
C25714,/x. 2571GfJC A Al/l.)A/ASti4
Relatibnship to you:
GV/%//t
Position siitheld:
//tRSr/nkt
N m/e of employer: Location of employer:
6..C/t/ to l.r. ft,/ c_ .P/r4/G"R/t-
fo t o!
25. Do you now, or have you ever held direct or indirect interest in a State 5pe.79adfr9L J r Bor AAfgsse$f' nswer inin decal/'{. 4,-h//dLOd,
*YES ENO Ce/LOS /�s/j %/iCr 0dig %/:6/iarty/pit ,11e )q S. jilt WA� O,C.vvx.z. 6'L.•
p /s/tx 5 /,o kM 7
,Trott 9/O1t/14s .7/vO IAA /,t/isA4.4./5 q//t't✓rite /7v,t trip/f,trg,pi c.i,' /a.• °3aS1r.K/ld,pxc
/ JOL p 1c6- /y 17 9
061cc/t7 P.
26. Do you now, or have you ever had a direct or indirect interest in a liquor or beer license, or been employed in a liquor or beer related business outside ofthe
State of Colorado? If "YES", describe in detail.
/J✓
/J o
YES
NO L"L`Y1i/7' -Lti6.- 12,ou/ Ii5 /3 (vl it; g_ x4// -Y /3 �',`'tr/^//4
ft..:.9 iA/%A:A ecs Y /2. .j.4nts .+J,i<[-5/.N/LiJ C e5.t /)
5 /9-9 6
27. Have you ever been convicted of a crime, fined, imprisoned, placed on probation, received a suspended sentence or forfeited bai or any offense in criminal or
military court? (Do not enclude traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving
under the influence of alcoholic beverages.) If "YES", explain in detail.
EYES
0
28. 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.
EYES SO
29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If "YES", explain in detail.
OYESzQN0
State/Federal:
Year:
City:
State:
State/Federal:
Year:
City:
State:
30_ Military Service: branch:
(t 7 /1/24-4/A/4(TG/11J1
I From:
/'L /vy1
To:
/I,/9V4
Serial No.:
3' /2-E 0v 1�
Type loff Discharge:
/701!/
31. List all addresses where you have lived fbr the last five year .(Attach separate sheet if necessary)
Street and Number:
/. 7r Scao%%,/rL! /24
City/State/Zip:
A.4/T/C,.ne%A
Ce-Gv
cGzl—g-
From:
2/
To:
A/cr
Street and Number:
City/State/Zip:
From:
To:
32. List all former employers or businesses engaged in within the las five years: (Attach additional sheets if necessary)
Name of Employer:
Address: (street and number)
(city/state/zip)
Position Held:
From:
To:
Cit. i4d4HS /y4
9//c WO/ A✓lL
/14,-44-4 1/te 0 rs
Lvtcb'Ur33
?nett.. yr.-f
riu.z
-1
S' -j-77
.21.7/p
7L.l NPCi$6EE ICI v1:/
"oihror/ /.1iei et',
Address: (street and number)
OA
2 2e) lit-onG ivy) .1
(city/state/zip)
btivy/e
/JC4/C'
Position fl�itl:4'z
4
"2L1r0 ts.'
From:
b —i7/
To:
A—/-72
33. List the names and attach letters of recommendation from three persons who can vouch for your good character and fitness in connection with thi application.
f/1� Name of Reference:
/(•L�q2/) Lt CNrtr5
Address: (street and number)
%C%i S. FG.ix, L( 0A_
(city/state/zip
X.Nic/it.': /1 CC22iG
<.La d'
No.Years Known:
7C'
Name of Reference:
�]�
U �/a /c$i' C /1•cc�l.1/
Address: (street and number)
q '1 (
32,3-d'l ScAi-4..r�L/C %�-0
(city/state/zip)
! �)
/--Gi-A._972L/JAI
L=L�
p
J�'y3y
No. Years Known:
/ c'
Nan* of Reference:
/4 /,/;s /-Ay
Address: (street and number)
/" 2/ s, /'O:T„ L. c f) A-
(city/statelzip)
4///(4: ,,.'. o
c.L. ,
s>C, > '2-g
No. Years Known:
l/)
STATE OF
COUNTY OF
Co
if:Ja err7
SS.
I understand that a false'dnswer to any of the foregoing can subject the application to denial or a license to revocation. I certify that all of the
information in this Individual History Record is complete and correct to the best of my knowledge and belief.
Subscribed and sworn to me
this day of O
WITNESS my hand and official seal.
(ATTACH SEAL)
,19
s, J'fil v, c s
//VG
/L/0 4 :L .C At=v,CR "A54
/07c'
/l/1 csI u,c,u
SJ,A ow�CL
C'Lv es 226'
y -1—f8 7; /2-/-a"
butine n Financial iervicnn. lid.
Oct. 8, 1981
To whom it may concern:
This is t❑ state that I have known Robert Mimnaugh for
the past 12 years and have found him t❑ be fair & honest
in all business dealings and t❑ have high moral standards
in his personal life.
9948 weft 25th avenue
lokewood. colorado 8O215
(3O3) 238-0561
Archie 5. Wrig
HACKETHAI" MCNEILL AND AUCOIN, P. C.
LAW OFFICES
PROFESSIONAL PLAZA
7675 W. 14TH AVE.
LAKEWOOD, COLORADO 80215
237-2111
CLEMENT R. HACKETHAL 119701
WILLIAM W. MCNEILL 119791
GEORGE C. AUCOIN
Xl4MMXXX%stx
TO WHOM IT MAY CONCERN:
237-2719
October 8, 1981
EDWARD N. JUHAN
OF COUNSEL
The undersigned has known Mr. Robert P. Mimnaugh
for more than ten (10) years.
During that period of time, he has been a long
standing client with this firm and a close personal friend.
Mr. Mimnaugh has always been a very successful
businessman and has always impressed me with his high ethical
standards and his careful attention and supervision of his
business. I can wholeheartedly recommend him as a business-
man and a credit to his community.
GCA:bc
Very tru
HACKETH
BY:
urs,
McNEILL AND gJC.I N, P.C. q
GE C. AUCOI
October 7, 1981
TO WHOM IT MAY CONCERN:
RE: Robert P. Minnaugh
1070 S. Foothill Dr.
Lakewood, Co. 80228
I am pleased to submit this letter of character reference on behalf of
Robert P. Miimaugh of Lakewood. I have known Robert for over ten years as
neighbor and friend. I have had frequent social contacts with he and his
family, as well as serving with him on civic undertakings in the Creenmountain
area of Lakewood. I know him to be a person of moral integrity, with a reputa-
tion in our community for honesty and veracity. Please feel free to contact
me if more information is needed.
Sincerely yours,
chard 0. Jones
1090 S. Foothill
Lakewood, Co. 802!8
986-3147
..M.A•...
Affidavit for Source of Financing
Golden Sands Corporation
1070 S. Foothill Drive
Lakewood, Colorado 80228
December 15, 1981
I Robert P. Mimnaugh President and 100% stock holder of Golden Sands
Inc., a Colorado Corporat ion am the only invester in this corporation.
All monies invested have come from my personal checking and savings
accounts at 1st Bank of Westland Lakewood, Colorado and from no other
source.
l+titie
Robert P. naugh
AFFIDAVIT
I Rosalie A. Mimnaugh do not have any interest financial or otherwise
in Golden Sands Inc. , a Colorado Corporation owned by my husband
Robert P. Mimnaugh
Date November 1, 1981 Signed
Ros lie A. Mimnau
titALV1L \_
h
RL 404-I (6/79)
STATE OF COLORADO
DEPARTMENT OF REVENUE/LIQUOR ENFORCEMENT
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5%
stockholder of a corporation, and the manager of the applicant.
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 and reputation of the applicant.
1. Name of Business:
//7 L :5-
2. Your Full Name(last/first/middle)
i;////1s iQ/V1CC SH;U %
4. Height. Weight: Hair Color: Eye Color: Sex: z Race: 5. Do you have a Colorado Drivers License? If "YES', give number:
4--.:;:
6. Your Rela ionsh ip to Applicant: (sole owner/partner/corporate officer/director/stockholder or manager)
VICt Pres.
7. If Stockholder, Number of Shares Owned Beneficially or of Record
Date:
//5/?J
Social Security Number:
3. Also Known As: (maiden name/nickname/etc.)
Percent of Outstanding Stock Owned
8. If Partner State Whethe
OGENERAL ELIMITED
Percent of Partnership Beneficially Owned:
9. Residence Address'. (street and tuber/city/state/zip
`S s 23 l .4ucr
10. Is your residence: If rented, from whom?
[3 OWNED ORENTED
G r £: g /F Y
JC 63/
11. Mailing Address, If Different From Residence:
12 Name of Present Employer: / 13. Type of siness of Employment.
(...2(-41 -de /v r�/plo �s /.,vC R u;/ /rp (Cr -41-1!:#71Cl-
(;).C;
14. Address of Business Where Employed: (street and number/city/state/zip)
OF Gr>f'fl£y c C'�,Sr
15. Present Position:
L'rcC &Yes
16. Home Telephone:
- ,3Y2- X552ci
Business Telephone:
`31-G - c/a sI3
17. Date of irth:
'
Place of Birth: --//� / /
Lc'c(iJS%c',2' l cYCr/!G
18. U.S. Citizen?:
YES ONO
If naturalized, state where:
When:
Name of U S. District Court.
Naturalization Ce tificate No.:
Date of Certificate:
If an alien, give Alien's Registration Card No.:
Permanent Residence Card No.:
19. Marital Status:
filet ( r i r of
20. If spouse is a wife, wife's full maiden ame:
Pc(4'rICrr4 AC ci,./LlF C1fSi
21. Spouse' Date 9f Birth:
Place of Birth
L,-"CV5/,/L1:CI764) la C .
22. If spouse's residence eclat -ass is different than yours, list here.: (street and number/City/state/zip)
23. If spouse works, state name of present empl oo er:
CC K1 L)Rif�
Address of present employer:
l//3 le)m // - <�'ff/y
24. List the name(s) of all relatives working in the liquor industry, giving their:
Name of Relative:
Relationship to you:
Position held:
Name of employer:
Location of employer:
Name of Relative:
Relationship to you:
Position held:
Name of employer:
Location of employer:
Occupa ion:
C (ecl,rps clerk
Cr) S0 43/
Do you now, or have you ever held a direct or indirect Interest I a State of Colorado Liquor or Beer License? If''YES '', answer in Detail.
OYES j2 -NO
s16. Do you now, or have you ever had a direct or indirect interest in a liquor or beer license, or been employed in a liquor or beer related business outside ofthe
State of Colorado? If "YES", describe in detail.
EYES S.4 NO
27. Have you ever been convicted of a crime, fined, imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or
military court? (Do not enclude traffic violations, unless they resulted In suspension or revocation of your driver's license, or you were convicted of driving
under the influence of alcoholic beverages.) If "YES", explain in detail.
EYES EK]NO
28. 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.
EYES NW)
29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If "YES", exp ain in detail.
OYES Ii NO
State/Federal:
Year:
City:
State:
State/Federal:
Year:
City:
State:
30. Military Service: branch:
3, iO15�in C.:.�e...._..._.._
From:
6/7C
To: i
6/7 k
Serial No.:
y23 2y? �S 3/
Type of Discharge:
Nt Vevk Aft//r
.I Attach separate sheet if necessary
Street and Number:
7269 C! Srrt&)a/
Citystateizip:/
fig 1�aCc�
nn0C12
From: -
/2/f -c
To:
7/5
Street and Number:
`fa�C 5 i�tCk;cr� %
_...
/
City/ rate/Zip:
0gok.4- Co
From:
/2/79
To:
/2/5(1
ve vea
ach aedrt lonal sues
Name of Employer:
C c, cce p 3
Address: (street and number)
C e I I (?MOE,
(city/state/zip)
f r2E d d Cy CO FOC3!
Position
K/%lk�,ti�-
Held:
11198
Fro
6%8 t
To:
/0,411
Name of mployer:
aaClklUe.. the <,; de...,...
Address: (street and number)
Co7u) -`---
..7..77..--7.4-.:--
ciityy//state/zip)
a, AWCIQ Q(4) .,
Position Heldy::
rtSt I✓1 A
From.
2//5/
To:
6/�i r
who can vouch for your good character and fitnesYin connection with this appliceti
I.grne of Reference:
'3 /R O fens, AK-) o
Address: (street and number)
!Li/ ( Ct rk
(city/state/zi
uc�c�cr
CST �C �C O 2
No.Years Known:
/S y2
Name of e once:
'p\. W,
)/ll
It-�
Address: (street and number
L/ ) �j)
2/2g- (t1 t,• FRS/�
(city/st`at(e/zip){
�lRCC iCy
{
CC 8e673 V 1
No.
�%Years Knnown:
V/'�
Name of Reference
GRE9 c<X/vTiif a
Address: (street and number)
5'o/ 5.///')KL ion
(city/state/z(p)
i ;Hid, Co (5c)/20
�S
No. Yeats Known:
3 -vie
STATE OF
COUNTY OF
SS.
I understand that a false answer to any of the foregoing can subject the application to denial or a license to revocation. I certify that all of the
information in this Individual History Record is complete and correct to the best of my knowledge and belief.
Subscribed and sworn to me
this
7 / [/_ day of . qtr" '7 , 19
WITNESS my hand and official seal.
(ATTACH SEAL)
My commission expiry.
M ,
Notary Public
t.
Signature
\ek
C4A re. s ca
7k kx1Am Sic:Am bect cpA i't.i
Wens is 12 /7q
rmE.R cs,,plo% ins ^uk
/; cc Rtrk Sethr4, .4LRCRA c
Cm 8/8c .it: 2,40
Rock()
Locks
+I2 /7`i
siss/PI )i A tI/17O Cc
fic /,c
> � yL� re / Sc-> /cr:;Q,
n 1 7 to 9 /'7 cy
'St€c'rrn )cr3 ��/ c
To 'Thom it N —y Ioncern:
I h^ve been a friend end
associate of Lance Gillis for over
five 'rears. During the time I
have kno,vn him he has been moral
and just rerson of the highest
chrracter.
Sincerel r,
d
`i-C 3re_4'-i
-- ity)c ._,c, / t
_ Gce,t % /2o- ( a ,4,r z� . th_ x'�1
°I —CC (1 -real -4
M
7-7 Lt, d10(A4 if 011 CO la e
hc1Ve k 004,04 Lance G;//;5 for
-Rue yeQnn
r5, {/bir)nr) f61ai�fi�v►�7 i haand
know► 11 , to be of ; A morals
G( 5+rout, choira c1er,
DRL 404-I (6/79)
STATE OF COLORADO
DEPARTMENT OF REVENUE/LIQUOR ENFORCEMENT
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5%
stockholder of a corporation, and the manager of the applicant.
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 and reputation of the applicant.
1. Name of-usiness:
Th. ,o:
Date:
1. n-1-81
2. Your Full Name (last/first/middle)
3. Also Known As: (maiden name/nickname/etc.)
4. Height:
6. Your Bela ionship to Applicant: (sole owner/partner/corporate officer/director/stockholder or manager)
Weight:
]C
Hair Color:
Eye Color:
u"
Sex.
I3
Race:
5. Do you have a Colorado Drivers License? If "YES", give number:
EYES ENO
7. If Stockholder, Number f Shares Owned Beneficially or of Record:
Percent of Outstanding Stock Owned:
8. If Partner State Whether:
❑GENERAL ❑LIMITED
9. Residence Address: (street and number/city/state/zip)
Percent of Partnership Beneficially Owned
3848 'al1ejo, Denver 80?11
10. Is your residence.
OWNED ❑RENTED
If rented, from whom?
11. Mailing Address, If Different From Residence:
Same
12. Nartp ofrpreeent{mq{oYer:
13. Type of Business of Employment.
';: r
14. Address of Business Where Employed: (street and number/city/state/zip)
00 Thd'rafi v, Denver, :o. 20201
15. Present Position:
Mat p-rt'i i-r,n'Pnt p: -_-r.
16. Home Telephone:
° 'once
Business Telephone:
741.-.3q??
17. Date of Birth: _.
Place of Birth:
T),,. ilia O , Tx
18. U.S. Citizen?:
BYES ENO
If naturalized, state where:
When:
Name of U S. District Court:
Naturalization Ce tificate No.:
Date of Certificate:
If an alien, give Alien's Registration Card No.:
Permanent Residence Card No.:
19. Marital Status:
Scndre;
20. If spouse is a wife, wife's full maiden name:
7on1.ey
21. Spouse's Dale of girth:
Place of Birth:
Denver, ;o.
22. If spouse's residence address is different than yours, list here.: (street and number/city/state/zip)
Same
23. If spouse works, state name of present employer:
7 e! T Inc.
Occupation:
LIFT.
Address of present employer'
'» Ticiw'r, Denver, ^o. 80203
24. List the name(s) of all relatives working in the liquor industry, giving their:
Name of Relative:
Tone
Relationship to you:
Position held:
Name of employer:
Location of employer:
Name of Relative:
Relationship to you:
Position held:
Name of employer:
Location of employer:
25. Do you now, or have you ever held a direct or indirect interest in a St t y of Col,atl Li or Beer License? If "V ES", answer in detal.
17 Golden Inc so _a
3Y ES ENO �tr
6. Do you now, or have you ever had a direct or indirect interest in a liquor or beer license, or been employed in a liquor or beer related business outside ofthe
State of Colorado? If "YES", describe in detail.
EYES 6NO
27. Have you ever been convicted of a crime, fined, imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or
military court? (Do not enclude traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving
under the influence of alcoholic beverages.) If "YES", explain in detail.
OYES EI NO
28. 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.
ThVES NO
age person in est-iblirthment — HL ,r1' men-/ ernent person on nremis I meceived
the ticket.
Deferred — to 1/26/8? — serving minor — doormr/nn'loved under
29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If "YES", explain in detail.
OYES [INO
State/Federal:
Year:
City:
State:
State/Federal:
Year:
City:
State:
30_ Military Service: branch:
US7C
From:
6-1-4F
To:
6-1-51
Serial No.:
119098,1
Type of Discharge:
1011or ; b7 e
List all addresses where you have lived for the last five year .(Attach separate sheet if necessary)
Street and Number:
3848 Hllejo
City/State/Zip:
Denver,
7o.
80271
From:
197E
To:
1981
Street and Number:
3?6? Sturrt St.
City/State/Zip:
Denver,
"o.
80701
From:
1 97'
To:
q
1, 70
. List all former employers or businesses engaged in within the last five years
(Attach additional sheets if necessary)
Name of Egiployer:
Sell
Address: (street and number)
I',ranloyed
(city/state/zip)
Position Held:
From:
To:
Name of Employer:
Address: (street and number)
(city/state/zip)
Position Held:
From:
To:
and attach letters of recommendation from three persons who can vouch for your good character and fitness in connection with this application.
Name of Reference: Leo V. l e rc&dress:(street
This. Finetnci°d Services,
and number)
Ltd. 9,r8 V. 25th
(city/state/zip
'-_Ve., L'Ike.vood,
`To. 80215
No.Years Known:
Name of Reference: zrchie "iri,r. in
3111. Fin nci-:l Services,
Address: (street and number)
Ltd. 9948 "1. 25th
(city/state/zip
Ave.,, Lke'.vood,
'Jo. ?0215
No. Years Known:
Name of Reference:
Len iohte
Address: (street and number)
8014 V. Polk Piece
(city/state/zip
Iittlet'n, flo.
80123
No. Years Known:
STATE OF CO
COUNTY OF
-re-r S can
SS.
I understand that a faanswer to any of the foregoing can subject the application to denial or a license to revocation. I certify that all of the
information in this Individual History Record is complete and correct to the best of my knowledge and belief.
Subscribed and sworn to me
this
day of
,j0
WITNESS my hand and official seal.
(ATTACH SEAL)
oZc 5
MyetSrpml);s' i exp es•
19q
Notary Public
Oct. 27, 1981
To whcm it may cincern:
this is t❑ state that I have known Max Kingsley for the
Past 12 Years and have found him to have high moral standards
both in business and in his personal life.
BUSINESS FINANCIAL SERVICES, LTD.
9948 W. 25th Ave., Lakewood, Colo. 80215
Oct. 27, 1981
To whom it may cincern:
this is to state that I have known Max Kingsley for the
past 12 Years and have found him t❑ have high moral standards
both in business and in his personal life.
Archie.. Wr
ness Financial Services,
9948 W. 25th Avenue
Lakewood, Colorado 80218
Phone: 238.0561
Oct. 27, 1981
To whom it may cincern:
Y
this i to state that I have known Max Yingsley for the
past Years and have found him to have high moral standards
both in business and in his personal life.
9/9-rVft)
Hello