HomeMy WebLinkAbout20042555.tiff RESOLUTION
RE: APPROVE APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR
LICENSE FROM TEODULA VARELA, INC., DBA TEO'S LOUNGE AND GRILL, TO
SIPRES LOUNGE, INC., DBA SIPRES LOUNGE AND AUTHORIZE CHAIR TO SIGN
- EXPIRES OCTOBER 11, 2005
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, Sipres Lounge, Inc., dba Sipres Lounge, presented to the Board of County
Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a
Tavern Liquor License for the sale of malt, vinous and spirituous liquors, said license previously
held by Teodula Varela, Inc., dba Teo's Lounge and Grill, and
WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid
the required fees to the County of Weld for a Transfer of Ownership of the existing license, and
WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt,
vinous and spirituous liquors for consumption by the drink on the premises only, outside the
corporate limits of any town or city in the County of Weld at the location described as follows:
1490 Weld County Road 27
Brighton, Colorado 80603
WHEREAS, a hearing before the Board was held on the 25th day of August, 2004, at
which time the Board deemed it advisable to continue said matter to August 30, 2004 at 9:00
a.m., and
WHEREAS, at said hearing on the 30th day of August, 2004 after review, the Board
deemed it advisable to approve the application with the following condition:
A. The Licensee shall offer bottled water and ice produced off-site for consumption
by patrons during all hours of operation.
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 2004-19 to said applicant to sell malt, vinous and
spirituous liquors for consumption by the drink on the premises only at said location and does
hereby authorize and direct the issuance of said license by the Chair of the Board of County
Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license
shall be in effect until October 11, 2005, providing that said place where the licensee is
authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the
premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado
and the rules and regulations relating thereto, heretofore passed by the Board of County
Commissioners of Weld County, Colorado, and any violations thereof shall be cause for
revocation of the license.
2004-2555
, ,!� LC0028
(0; / ��/L ,
TRANSFER OWNERSHIP OF LIQUOR LICENSE - SIPRES LOUNGE, INC., DBA SIPRES
LOUNGE
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said application.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
W D COUNTY, COLORADO
Robert D. Masden, Chair
o lerk to the Boar
1851 ` � �./
William H. Jeer , Pro-Tem
cc) ,
n Dep- Clerk to the Board �e7//Jw.
- . J. Ile
AP D A FORM:
c ),)? / 1-7.---2-1-----, _ Davi E. Long
ounty Attdr1-7.---2-1-1-7.---2-1-----ey
Glenn Vaad
Date of signature: _27 4
2004-2555
LC0028
THIS LICENSE MUST BE POSTED IN PUBLIC VIEW
DR 8402102/03/04)
STATE OF COLORADO
DEPARTMENT OF REVENUE
Liquor Enforcement Division
1881 Pierce Street,Suite 108
Lakewood,Colorado 80214
SIPRES LOUNGE INC
SIPRES LOUNGE
1490 WCR 27
BRIGHTON CO 80603
ALCOHOLIC BEVERAGE LICENSE
Liability Information
Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT
03-69427-0000 03 206 722410 C 101204 OCT 11, 2005
Type Name and Description of License Fee
2011 TAVERN LIQUOR LICENSE - $ 75.00
MALT, VINOUS, AND
SPIRITUOUS
2190 COUNTY 85 PERCENT OAP FEE $ 425.00
TOTAL FEEIS) $ 500.00
This license is issued subject to the laws of the State of Colorado and especially under the
provision of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is
nontransferable and shall be conspicuously posted in the place above described.This license is
only valid through the expiration date shown above.Questions concerning this license should
be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman
Street,Denver,CO 80261.
In testimony whereof,I have hereunto set my hand.
OCT 1 3 2004 177_ Lefia_4Q
sw
Division Director Executive Director
THIS LICENSE EXPIRES October 11 20 05
,:
LICENSE FEE
STATE OF ' COLORADO
COUNTY OF WELD
BYAUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
RETAIL LIQUOR LICENSE
FOR TAVERN
SPECIFY: Retail Liquor Store,Liquor Licensed Drug Store,Hotel and Restaurant,Club,Tavern etc.
TO SELLAT RETAIL MALT, VINOUS AND SPIRITUOUS LIQUOR
SPECIFY KINDS OF LIQUORS
atfjI5 t� to rl.ertlfp, That SIPRES LOUNGE, INC. , DBA SIPRES LOUNGE
of the State of Colorado,having applied for a License to sell malt, vinous and spirituous
Liquors,and having paid to the County Treasurer the sum of Seventy—five and 001100
($ 75.00 )Dollars therefor, the above applicant is hereby licensed to sell malt,, vinous and spirituous
Liquors containing more than 3.2%Alcohol by weight
by the drink for consumption on the premises
(Insert"by the drink for consumption on the premises"or"in sealed containers NOT for consumption at place where sold.")
as a TAVERN at 1490 WCR 27, Brighton, CO 80603 in the County of
Weld,for a period beginning on the 12th day of October ,20_04__,and ending on the 11th
day of October , 20 05__,unless this License is revoked sooner as provided by law.
This License is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 47 of Title 12,
Colorado Revised Statutes,as amended.
IN TESTIMONY WHEREOF,The Board of Con v Cr issioners has hereunto subscribed its name by its officers
duly authorized this 30th day of— August _H it .- 20_04
• it)
it
\ The Board of County Commissioners
ATTEST: (
play Clerk to the Board-J k y,�l Chairman,Board of County Commissioners
e.
A,1
• N it/ I'll
P. 01 *
TRANSACTION REPORT
OCT-12-2004 TUE 11 :29 AM *
x
FOR: WELD CO GOVT 9703520242
* DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP *
* OCT-12 11 :27 AM 913032052341 1' 57" 5 SEND OK 925 *
* x
TOTAL : 1M 57S PAGES: 5
**x*********#*******a;********xa;*******a;a;******a;x*******************xx****x********************x*****
FAX TRANSMISSION
COLORADO
Weld County
Clerk to the Board
PO Box 758
Greeley,CO 80632
Fax; 970-352.0242
Phone,970.336-7215,ext.4217
To: Sabrina,Liq. 'I nforcement Division Date: October 12,2004
Fax: 303-205-2341 Pages: 4+Cover
From: Debra Miller,
Deputy Clerk the Board
Subject: Sipres Lounge, -DR 8404-I
FAX TRANSMISSION
COLORADO
Weld County
Clerk to the Board
PO Box 758
Greeley,CO 80632
Fax: 970-352-0242
Phone:970-336-7215,ext.4217
To: Sabrina, Liq. Enforcement Division Date: October 12, 2004
Fax: 303-205-2341 Pages: 4+ Cover
From: Debra Miller,
Deputy Clerk to the Board
Subject: Sipres Lounge--DR 8404-I
COMMENTS:
Per your request, here are the DR 8404-Is for the Officers of Sipres Lounge. Please let me know if you
require additional information to finalize the transfer of license.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is
privileged, confidential, and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor
the employee or agent responsible for delivering the facsimile to the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us
immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you.
OR 8404-I (06102)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE STREET RM 108A
DENVER CO 80261
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more)
of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock
of such corporation; all limited liability company MANAGING members, Officers or other limited liability company members
with a 10%(or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License.
NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation.
All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give
will be checked for its truthfulness.A deliberate falsehood or omission will jeopardize the application as such falsehood
within itself constitutes evidence regarding the character of the applicant.
1.Name of Busin 'j`
3 i rP S2—O u t?& .-f n c .
/
2.Your F II Name(1a t,first,middle) J 3. List any other names you have used.
K-elk)i L oct eL;vi brattie4n ,e 4-fre 1-- I
4.Mailing address(if differ�nt from residence Home Telephone
/37 '1— i✓ok51h A'., 1/ev /VC- C-�/z_? go 01 - ;2-9,;? 1-5-3 /
S.List all residence addresses below.Include current and previous addresses for the past five years.
STREET AND NUMBER CITY,STATE, ZIP FROM TO
Current J 4eYcivt.',(.0.209 BoofcSr'de 1R lVc bg)23 ///7z pre Sett "
Previous
6.Date of Birth Social Security/Number(SSN) Place of Birth 7.U.S.Citizen?
.. (re e if y ( /o, 'es ❑No
If Naturalized,state where When Name of District Court
Naturalization Certificate Number Date of Certification If an Alien,Give Alien's Registration Card Number Permanent Residence Card Number
8.Height I Weight I Hair Color Eye Color I Sex Race 9.Do you have a current Driver's License? If so,give/number&state
5' I f/ plc jrowv 13rou'.t/ P 11 Istj Yes [No /
10.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry.
NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER
,III aryba( i rtoS INA.oi1v-e-.., ow;Adz r S7're& too icje ,The.
11.Have you ever applied for,held,or had an interest in a State of Colorado Liquor or Beer License,or loaned money,furniture or fixtures,equipment or
inventory,to any liquor or beer licensee?If yes,answer in detail. O Yes al No
12. Have you ever been convicted of a crime,of received a suspended sentence,deferred sentence,or rorfeited bail for any offense in criminal or military
court or do you have any charges pending? (If yes,explain in detail.) Yes Zij No
13. Have you ever received a violation notice,suspension or revocation,for liquor law violation,or have you applied for or been denied a liquor or beer
license anywhere in the U.S.?If yes,explain in detail. Yes L.1 No
14.List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary)
NAME OF EMPLOYER ADDRESS(STREET, NUMBER,CITY,STATE,ZIP) POSITION HELD FROM TO
U,S, Seri ht 3v NeAAD/A 7&oz /fie/Pest- :�aca*4 f t , 7/�1 ��spnr
4'6$.S%lF Cite 5
l�I'i,,er"44 i *1 Atknnia-j W$'0. Likvoll �, 46,„'nr`s{rg[ e // //Q19 7�;11o1
15. Financial Information. __
Total purchase price$ "CT (if buying an existing business)OR list the total amount of your investment in the new business,
including notes,loans,cash,services or equipment,and operating capital $
Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet if needed.
Type:Cash, Services or Equipment Where Obtained(Savings,Checking,Account,etc.) Amount
Loan Information(attach copies of all notes or loans)
Name of Lender Address Term Security Amount
16.Give name of bank where business account will be maintained;name the account will be maintained under;and the name or names of persons
authorized to draw thereon.UJPUS fav — ith vx-cp L kmV 4et ' if--,es
Oath of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of
my knowledge.
Aut rized ignature Title Date
,. e , airri--47e " tett 1aa61/
DR 8404-I (06/02)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1881 PIERCE STREET RM 108A
DENVER CO 80261
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more)
of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more)of the stock
of such corporation; all limited liability company MANAGING members, Officers or other limited liability company members
with a 10% (or more)ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License.
NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation.
All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give
will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood
within itself constitutes evidence regarding the character of the applicant.
1.Name of Business
cD / frEs ,c/, G¢
2.Your Full Name(last,first,middle) 3.List any other names you have used.
(� r7 (- 6 U / E2/9 k4/ f A )t) 5
/r //9 e S //),4-12-h))) rA ii=c a 1
4.Mailing address(if different4rom residence) y / Home Teleph7ofie
//(taG £(/-f�lei/ L /i :m �/;C o&G/.Y74. ,AAG Jg.: /() _I -_3 X / ?-5,3
5.List all residence addresag.below. Include c rrent and previous addresses for the past five years.
STREET AND NUMBER CITY,STATE, ZIP FROM TO
Current
/I 6 , R 'r1/'_lI -I 1-1-1f-e-- (/j//�co,rL I/6 g(//7) /`? .Ariz(
Previous
6.Date of Birth Social Security Number(SSN) Place of Birth 7.U.S.Citizen?
Yes Li No
If Naturalized,state where When Name of District Court
Naturalization Certificate Number Date of Certification If an Alien,Give Alien's Registration Card Number Permanent Residence Card Number
8. Height ig/ Weight ht Hair Color Eye Color Sex Race 9.Do you have a current Driver's License?
�/)
10.List the name(s)of relatives wor ing in or holding a financial interest in the Colorado alcohol beverage industry.
NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER
YYYA If y 5 (pr e.5 6n0111-. C 01/0✓)-e-Tr 5. l Cr4-'_5 Lai'j-e_
11. Have you ever applied for,held,or had an interest in a State of Colorado Liquor or eer License,or loaned money,furniture or fixtures,equipment or
inventory,to any liquor or beer licensee? If yes,answer in detail. D Yes o
12.Have you ever been convicted of a crime,vi received a suspended sentence,deferred entence,of forfeited bail for any offense in criminal or military
court or do you have any charges pending?(If yes,explain in detail.) n Yes No
13.Have you ever received a violation notice,suspension or revocation,for liquor law violation,or have you applied for or been denied a liquor or beer
license anywhere in the U.S.?If yes,explain in detail. ❑Yes No
14.List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary)
NAME OF EMPLOYER ADDRESS(STREET, NUMBER,CITY,STATE,ZIP) POSITION HELD FROM TO
ilL)/Ar
15. Financial Information. )
'k
Total purchase price$ if)
// (if buying an existing business)OR list the total amount of your investment in the new business,
including notes,loans,cash.services or equipment,and operating capital $
Provide details of Investment. You must account for the sources of ALL cash(how acquired).Attach a separate sheet if needed.
Type:Cash,Services or Equipment Where Obtained(Savings,Checking,Account,etc.) Amount
1/I f
Loan Information(attach copies of all notes or loans)
Name of Lender Address Term Security Amount
16.Give name of bank where business account will be maintained;name the account will be maintained under;and the name or names of persons
auth r ed to draw thereon.
Oath of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of
my knowledge.
Authorized Signature Title Date
I
,_,/ C
Kit ‘i.--. :.
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
lli
FAX: (970) 352-0242
P. O. BOX 758
C. GREELEY, COLORADO 80632
COLORADO
September 29, 2004
Martha Griegos
1166 W. Radcliff Avenue
Englewood, CO 80110
RE: Liquor License Transfer for Mary Sipres
Dear Ms. Griegos:
Ms. Mary Sipres has applied for a Transfer of Liquor License for her establishment, Sipres
Lounge, Inc. Ms. Sipres has listed you as Vice-President of the Corporation and as such, the
State of Colorado, requires form DR 8404-I, Individual History Record, be filled out.
Please fill the form out, in it's entirety, and return to the above address to my attention.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4228.
Very truly yours,
4(i/I, ,
Debra S. Miller
Deputy Clerk to the Board (7/ /,c/
/ 'CI& ;
Enclosure: DR 8404-I: Individual History Record lL yyZ7)« C; /1-(7`cv
cc: File x C�iiK iru rL/41--
1 12 £k''// i(a/
C .
['1` Y C' / ,E j2c('
(t):// 4 ---/- ,,c-cyde a 4, ‘c.,
44-n3 71--) C
,= rc l=� shit ,- {o 3 :JCS 07 3Y/
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• a
CLERK TO THE BOARD
PHONE (970) 336-7215, Ext. 4225
ipe FAX: (970) 352-0242
P. O. BOX 758
GREELEY, COLORADO 80632
COLORADO
September 29, 2004
Eva Serenil
13205 Brookside Drive
Omaha, NE 68123
RE: Liquor License Transfer for Mary Sipres
Dear Ms. Serenil:
Ms. Mary Sipres has applied for a Transfer of Liquor License for her establishment, Sipres
Lounge, Inc. Ms. Sipres has listed you as Secretary of the Corporation and as such, the State of
Colorado, requires form DR 8404-I, Individual History Record, be filled out.
Please fill the form out, in it's entirety, and return to the above address to my attention.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 4228.
Very truly yours,
Debra S. Miller
Deputy Clerk to the Board
Enclosure: DR 8404-I: Individual History Record
cc: File
DR 8404(06/02)Page 7 21
COLORADO DEPERTxENT OF REVENUE
.IOOOR ENFORCEMENT Dms0N COLORADO LIQUOR
DENVOIDO00261 OR 3.2%FERMENTED MALT BEVERAGE
� RETAIL LICENSE APPLICATION
0 NEW LICENSE LJ/ T/RANSFER OF OWNERSHIP 0 LICENSE RENEWAL
• ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
• APPLICANT MUST CHECK THE APPROPRIATE BOX(ES)
• LOCAL LICENSE FEE 3
• APPLCANT SHOULD OBTAIN A COPY OFTHE COLORADO LIQUOR AND BEER CODE(Ce1130332t4164) DO NOT WRITE IN INS SPACE
1. Applicant is applying as a
0 Individual
Corporation 0 Limited Liability Company
Partnership(includes Limited Liability and Husband and Wile Partnerships) 0 Association or Other
2 Name of Applicant(s)I1 pannersn4.list pann�rP 5'names(at least Mol:it corporation,name of corpomtwn Fein Number
terra,—' e2,'le .c Pi2#s /-ou✓\9 TA'C
2,.Trade Name di Establishment(DCBAA7�)` qq State Sales Tae No. Oasvwss Telephone jod-
z Address
1 Pia-CS ise specity exact location of o eca c 3-69$1.-g 7 &.n -tiff .
l'4C.0 flvca2 al
Cn County 5 ZIP Code
2 1,'4-Q/✓ w z l n cLa, go6cl3
4. Maihng ess(Number and Street) City or Town State ZIP Code
,—`1OyI2h/ .
5.ll the premises currently nave a liquor or beer license,you MUST answer the!Hawing questions:
Present Trade Name of Establishment I OSA) Present Stale Liner=No. I Present Class of License Peasant Eereton Dale
-1--2,O.5 40ur,ve. 4(-1-2,LL 'f/—a7o95 TALL/4-42M raE ii- ?co s-
UA9 SECTION A Nonrefundable APPLICATION FEES LIAR SECTION D LIQUOR LICENSE FEES
2300 ❑ Application Fee for New License 900.00 1940 ❑Retail Liquor Store License(city) $227.50
2300 ❑ Application Fee New Lcense Concurrent Review..1000.00 1940 C Retail Liquor Store License(county) 312.50
2310 K Application Fee for Transfer of Ownership 900.00 1950 ❑Liquor Licensed Drugstore(city) 227.50
SECTION B 3.2%BEER LICENSE FEES 1950 C Liquor Licensed Drugstore(county) 31250
2121 ❑ Retail 3.2%Beer On Premises-(dty) $96.25 1950 O Beer 8 Wine License (city) . 351.25
2121 O Retail 3.2%Beer On Premises-(County) 117.50 1960 ❑Beer B Wine License (county) 436.25
2122 C Retail 3.2%Beer Off Premises-(dty) 96.25 1970 C&R License O city O county 500.00
2122 O Retail 3.2%Beer Ott Premises-(county) 117.50 1980 O H B R License w/opt Pram 0 city O county 500.00
2123 O Retail 3.2%Beer On/Off Premises-(city) 9625 1990 ❑Club License O city O county 308.75
2123 O Retail 3.2%Beer On/Off Premises-(county) 11750 2010 ®Tavern LicenseO cityv county 500.00
SECTION C RELATED FEES AND PERMITS 2020 ❑MZ License OG1yOcounty 308.75
2030 ❑Racetrack License O city O county 500.00
less10o 199910 Addnin of related Facility Permits to exlstlrg 2040 ❑Optional Premises License O city O county 500.00
Resat)Complex license
ESO.OOe Total Fee 1905 ❑Retail Gaming Tavern tic city O county 500.00
2210-100(999)O Retail Warehouse Storage Permit $100.00 1975 O Brew-Rub License . 750.00
2220-100(999)O Addition of Optional Premises to existing hotel/restaurant 1985 0 Resort Complex License 500.00
$75.00 a Total Fee
❑KR•Tavern Managers RegiseMun $75.00
OO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY
LIABILITY INFORMATION
County COY InduNry Type LIWna.Account Number Nobility Bela
UeenaeluuMlFnpgh
(Eylnlbn USN)
•
ROM TO
State Clly Cow* melmerem.
750(999) 2180-100(999) 2190.100(999) -750(999) r #
2300-100 2316100 TOTAL
(999) (999)
2004-2555
LCCCCA2
DR 8404(06102)Page 2 APPLICATION DOCUMENTS
CHECKLIST AND WORKSHEET
Instructions:This check list should be utilized to assist applicants with filing all required documents for licensure.All documents must
be properly signed and correspond with the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State
approval the license will be mailed to the local licensing authority. Application fees are nonrefundable.
ITEMS SUBMITTED,PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED
I. APPLICANT INFORMATION
❑ A. ApplicanVLicensee identified.
❑ B. State sales tax license number listed or applied for at time of application.
E C. License type or other transaction identified.
D D. Return originals to local authority.
❑ E. Additional information may be required by the local licensing authority.
II. DIAGRAM OF THE PREMISES
❑ A. No larger than 8 1/2"X II'.
❑ B. Dimensions included(doesn't have to be to scale).Exterior areas should show control(fences,walls,etc.).
❑ C. Separate diagram for each floor(if multiple levels).
O D. Kitchen-identified if Hotel and Restaurant.
III. PROOF OF PROPERTY POSSESSION
❑ A. Deed in name of the Applicant ONLY(or)
❑ B. Lease in the name of the Applicant ONLY.
❑ C. Lease Assignment in the name of the Applicant(ONLY)with proper consent from the Landlord and acceptance by the Applicant.
❑ D. Other Agreement if not deed or lease.
IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS
❑ A. Individual History Record(s)(Form DR 8404-I).
❑ B. Fingerprints taken and submitted to local authority.(State authority for master file applicants.)
❑ C. Purchase agreement,stock transfer agreement,and or authorization to transfer license.
❑ D. List of all notes and loans.
V. CORPORATE APPLICANT INFORMATION(If Applicable)
9 A. Certificate of Incorporation(and/or)
❑ B. Certificate of Good Standing if incorporated more than 2 years ago.
❑ C. Certificate of Authorization if foreign corporation.
O D. List of officers,directors and stockholders of parent corporation(designate I person as"principal officer").
VI. PARTNERSHIP APPLICANT INFORMATION(It Applicable)
O A. Partnership Agreement(general or limited).Not needed it husband and wife.
VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(If Applicable)
❑ A. Copy of articles of organization(date stamped by Colorado Secretary of State's Office).
O B. Copy of operating agreement.
❑ C. Certificate of Authority(if foreign company).
VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS
APPLICATION
❑ A. $75.00 fee.
❑ B. Individual History Record(DR 8404-I).
DR 8404 106/02)Page 3
8. Is the applicant(including any of the partners,if a partnership:members or manager if a limited liability company;or officers,stock- yes No
holders or directors if a corporation)or manager under the age of twenty-one years?
7. Has the applicant(including any of the partners it a partnership;members or manager if a limited liability company;or officers,
stockholders or directors if a corporation)or manager ever(in Colorado or any other stale);
(a) been denied an alcoholic beverage license? ❑ IX
()X had an alcoholic beverage license suspended or revoked? 0(c) had interest in another entity that had an alcoholic beverage license suspended or revoked? 0 JZ
II you answered yes to 7a,b or c.explain in detail on a separate sheet.
8a. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the
preceding two years?If'yes.'explain in detail. ❑
PEI
lib. Has a 3.2 beer license br the premises to be licensed been denied within the preceding one year?II yes.'explain in detail. ❑
9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of ❑
Colorado law,or the principal campus of any college,university or seminary?
10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,it a partnership;members or manager iI a
limited liability company;or officers,stockholders or directors it a corporation(?If yes,identify the name of the business and list any A ❑
current financial interest in said business including any loans to or from a licensee. S r PAe i Au ci nfc z,v
11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least 1 year from the date that
this license will be issued by virtue of ownership,lease or other arrangement? ® 0
Ownership ❑ Lease 0 Other(Explain in Detail)
a.If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease:
Landlord Tenant
Expires
Attach a diagram and outline the area to be licensed(including dimensions)which shows the bars,brewery,walls,partitions,entrances,exits
and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2'X 11'.(Doesn I have to be to scale)
12. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies).
will loan or give money,inventory,furniture or equipment to or for use in this business:or who will receive money from this business.
Attach a separate sheet if necessary.
NAME DATE OF BIRTH FEIN ORSSN INTEREST
Attach copies of all notes and security instruments,and any written agreement,or details of any oral agreement,by which
any person(including partnerships,corporations,limited liability companies,etc.)will share in the profit or gross proceeds of
this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume,
profit,sales,giving of advice or consultation.
13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No
A local ordinance or resolution authorizing optional premises has been adopted. 0
Number of separate Optional Premises areas requested.
14. Liquor Licensed Drug Store applicants,answer the following:
(a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of yes No
Pharmacy?COPY MUST BE ATTACHED. 0
15. Club Liquor License applicants answer the following and attach:
(a) Is the applicant organization operated solely for a national.social,fraternal,patriotic,political or athletic purpose and ❑ ❑
not for pecuniary gain?
(b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is 0
operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain?
(c) How long has the club been incorporated? (di How long has applicant occupied the premises
(Three years required) to be licensed as a club?(Three years required)
18. Brew-Pub License Applicants answer the following:
(a) Has the applicant received or applied for a Federal Brewers Notice? ❑ ❑
(Copy of notice or application must be attached)
17a.Name of Manager in N/24 S i 7.)Qr' (If this is an application fora Hotel, Date of Birth
Restaurant or Tavern License,the manager must also submit an Individual History Record(DR 8404-I).
17b. Does this manager act as the manager or.or have a financial interest in,any other liquor Yes No
licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. O /ZI
18. Tax Distraint information. Does the applicant or any other person listed on this application and including its partners,officers, Yes No
directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10.or greater financial interest
in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? 0 V
If yes,provide an explanation and include copies of any payment agreements,
DR 8404106/02)Page a
19. If applicant is a corporation,partnership,association era limited liability company,it is required to list by position all officers and directors,
general partners managing members,all stockholders,partners(including limited partners)and members who have a 10%or greater
financial interest in the applicant.All persons listed here or by attachment must submit and attach a DR 8404-I(Individual History Record)
and provide fingerprint cards to their local licensing authority.
NAME HOME ADDRESS,CITY B STATE DATE OF BIRTH POSITION %OWNED
MAAJ $ pftec D-5" S, FL. LTON ljvc coyo�
sew- �"7 -
&g A)±1
xxxvnn
20. Has the Applicant provided,or does the applicant intend to provide their staff with server training. Ye
Additional rit Documents to be submitted by type of entity
1/�CORPORATION IM Cen.of Incorp. ❑ Gen.of Good Standing(ff more than 2 yrs.old) ❑ Cert.of Auth.(if a foreign corp.)
❑PARTNERSHIP ❑Partnership Agreement(General or Limited) ❑Husband and Wife partnership(no written agreement)
❑LOWED uABgRY COMPANY ❑Articles of Organization ❑ Cert.of Authority(if foreign company) ❑ Operating Agrmt.
❑ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties
Registered Agent(if applicable) Address for Service
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete
to the best of my knowledge.I also acknowledge that it is my responsibility and the responsibility of my agents and employees
to comply with the provisions of the Colorado Liquor or Beer Code which affect my license.
Authorized Signature
^ Title n Date
REPORT AND AP RP OVALOFLOCAL LICENSING AUTHORITY(CITY/COUNTY)
Date applle.atIon flied with local authority Date of local authority hearing(for new license applicants;cannot be less
than 30 days from dale of application 12-47-311(1))C.R.S.
Each person required to Ire DR 8404-I. Yes No
a.Hes been fingerprinted
b.Background investigation and NCIC and CCIC check for outstanding warrants conducted ❑ El
c The local authority has already conducted.or intents to conduct.a premise inspection to insure that the applicant Ls O O
in compliance with.and aware of.liquor code provisions affecting then Gass or license.
If not,does the authority wart the state to conduct such an inspection. (plan of inspection) ❑ ❑
The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory.
We do report that such license,if granted,wi p' table requirements of the neighborhood and the desires of the adult inhabitants,
and will comply with the provisions of ' iE C.R.S. THEREFORE,THIS APPLICATION IS APPROVED.
Local Licensing Authority for t Telephone Number ❑ TOWN,CITY
We County, Cobra .s:4.il (970)356-4000 X4200 51 COUNTY
Signature (� itie Ro't 11) Masden, Chair Date
{VLF` 4SC ITy'yd Board f Commissioners8/90/04
Signature(attest) �7y'9Date
Clerk to the Board � A -
y01er to the Bo 8/30/04
II premises are located within a town or city,the above approval should be signed by the mayor and clerk,if in a county,then by the chairman
of the board of county commissioners and the clerk to the board.If.by ordinance orothe,wise,the local licensing authority is some other official,
then such approval should be given by such official.
Page 1 of 1
Carol Harding
From: Bruce Barker
Sent: Thursday,August 26, 2004 12:53 PM
To: Carol Harding
Subject: FW: Sipres Bar memo
From Connie O'neill. Trevor or Connie will attend on Monday.
From: Connie O'neill
Sent: Thursday, August 26, 2004 11:34 AM
To: Bruce Barker
Subject: Slpres Bar memo
sorry-I forgot to attach
Connie O'Neill
Weld County Dept. of Public Health& Env.
970-304-6415 ext. 2273
8/26/2004
litgrH‘ Memorandum
TO: Bruce Barker
C' DATE: August 25, 2004
COLORADO FROM: Trevor Jiricek
SUBJECT: Sipres Bar, Liquor License Renewal
It is our understanding that the Board of County Commissioners will hear a request to transfer
the Liquor License for the Sipres Bar. The following are our comments concerning the"health"
aspects of this establishment. They are:
1. The water supply for the establishment has a high nitrate concentration. Recent tests
indicate that the nitrate concentration is approximately 28.5 mg/L. The drinking water
standard is 10 mg/L. In a letter dated June 23, 2004 (attached), the Colorado
Department of Public Health & Environment(CDPHE) issued a Compliance Advisory
concerning the facility's failure to comply with the maximum contaminant level for nitrate.
The advisory requires that the facility do certain items such as provide bottled drinking
water, bagged ice, conduct additional sampling, and posting notices to advise patrons of
the water quality. Note: In an inspection on July 1, 2004, our staff found the facility to
have posted notices and using bottled water and bagged ice.
2. The facility constructed a new well (approximately late 2002 or early 2003)without going
through the appropriate procedures with the CDPHE. As it turns out, it appears the new
well was constructed less than 100 feet from the septic system serving the
establishment. The location of the well may be contributing to the elevated nitrate levels.
In a Compliance Advisory letter dated July 8, 2004 (attached), the CDPHE requested
that a "Plans Review'package be submitted by August 16, 2004. As of today, the "Plans
Review'package has not been submitted. The July 8, 2004, letter also outlines other
violations of concern, including the lack of a certified water system operator, the lack of a
written microbiological sampling plan, and the lack of a written cross contamination plan.
These three items have been outstanding since March 2002. The CDPHE has required
that the establishment address these three items no later than August 31, 2004.
The Department has contacted the City of Brighton to assist the establishment in the exploration
of the feasibility of obtaining water service. We have also discussed the establishment with Bob
Alberts of A&R Environmental. Mr.Alberts has had discussions with the establishment to
become their certified operator. Also, the Department has collected 4 coliform samples over the
past year and all have tested acceptable. This is likely due to the operation of a chlorination
system on the well.
Note: The Department has withheld the issuance of a final Retail Food Establishment License
pending approval of the water system by the CDPHE.
Page 1 of 1
Carol Harding
From: Bruce Barker
Sent: Friday,August 27,2004 10:46 AM
To: Carol Harding
Subject: FW: FYI on Sipres Bar
From: Connie O'neill
Sent: Friday,August 27, 2004 10:39 AM
To:Trevor Jiricek; Dan Joseph; Bruce Barker; Jim Krause
Subject: FYI on Sipres Bar
I just talked with Bob Alberts of A&R Environmental. Bob said that he signed a contract with Sipres Bar this
morning to be their certified operator. Bob said that he has looked at and priced the options for Sipres Bar to
bring the water system into compliance and thinks the best thing for them to do is drill a new deep well. He will
also need to make some modifications to the treatment(bring chlorinator out of the pit, add storage to meet
contact time). He said he had talked with Jackie Roberts, CDPHE enforcement, and that connecting to Brighton
city water would not be an options.
Connie O'Neill
Weld County Dept of Public Health & Env.
970-304.6415 ext.2273
8/27/2004
Blank Page 1 of 1
Debra Miller
To: Dan Joseph
Subject: Sipres Lounge Liquor License Renewal
Dan:
Our last correspondence regarding the referenced liquor license was back on June 28 (water testing). Just a
reminder, their temporary license expires September 7, so we need to move things along so that we can
get this before the County Commissioners for either renewal or denial.
Thanks for your help on this, Dan.
0-1
8/6/2004
Page 1 of I
Debra Miller
From: Dan Joseph
Sent: Monday, June 28, 2004 9:30 AM
To: Debra Miller
Cc: Sara Evans
Subject: Sipres Bar
Debra,
I have a copy of a certified letter from the state that is concerning water quality at the Sipres Bar. There are some
issues that need to be resolved. I am going out on Thursday to ensure that Mary is buying pre-packaged ice and
water that will be used for human consumption.
Do you have an address where I can mail you copy, or a fax number that I could fax it to?
Dan Joseph
6/29/2004
JUN-28-2004 MON 05:27 PM ENV IRON HEALTH SERVICES 9703046411 P. 01
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STATE OF COLORADO
Bill Owens,Governor
pouslae H.Benevento,Exaaty.Director
Dedicated to pmhictYg and hnproving the health and environment of the people of Colorado
4300 Chesty Creek Dr.S. laboratory Services ,J
Denver,
Denver,Colorado 50246.1830 8100 Lowry Blvd. Division
Phone( )x.2000 Denver,Colorado 002904926
TDD Una(303)661.7700 (303)6s2.3o80 Colorado Department
Located In Glendale,Colorado of pub]blialt
http•J/www.odpheatdeoo.ua and Enviro Environment
June 23,2004
Certified Mail Number: 7000 0600 0025 2454 0065
PWSm C00262710
Sipres Lounge
ATTTN: Mary Sipres
1490 WCR 27
Brighton,CO 80603
RE: Compliance Advisory— Failure to Comply with the Maximum Contaminant.Level
for Nitrate
Dear Mary Sipres:
Pursuant to section 6.1.5(e),5 CCR 1003-1, Code of Colorado Regulations,all public water
systems are subject to the Nitrate maximum contaminant level(MCL)of 10 milligrams per liter
(mg/L), Compliance with the Nitrate MCL is based on the analysis of the average of the
original sample end the confirmation sample. S CCR 1003-1,section 6.1.5(g)
A review of the Nitrate monitoring data,shown below,provided to the Colorado Department of
Public Health and Environment(department)by the system,shows that the average of the
original sample and the confirmation sample obtained by the Sipres Lounge exceeds the MCL
for Nitrate and therefore constitutes violation(s) of 5 CCR 1003-1,section 2.2(bxl l).
Original Sample Confirmation ea rs Average n Chitin'
ades
Sampling Point December 30,2002 January 16,2003 and Samples
Samples
002 2sme, 29 rag& 2$S/
Within fourteen calendar days of your receipt of this Compliance Advisory, contact Jackie
Roberts, Nitrate Rule Manager, to discuss how Sipres Lounge intends to address compliance
with the Nitrate MCI-
Pursuant to Section 9.2, 5 CCR 1003-1,Sipres Lounge is tequired to notify the public of the
above identified violations within 24 hours of notification of the violation and continuously post
the notification in your facility until notified by the Department. To assist you in fulfhling'this
'RECEIVED
JUN 2511104
ZO 'd 1II9170£OL6 S301AN3S H,Llb3H NONIAN3 Wd LZ;50 NOW VOO -8Z-N(lf
- :..
a
• ,Sipres Lounge
d June 23, 2004
> Page 2 of 6
public notification requirement,attached you will find a public notice template and a certification
of delivery forth.
Section 6.1.5(e)(2),5 CCR 1003-1,requires Sipres Lounge to monitor and submit results for
nitrate on a quarterly basis until further notification by the Department.
In addition,Sipres Lounge must immediately make drinking water and ice with nitrate levels
below 10 mg/L available to all staff and patrons.
Please be aware that you arc responsible for complying with the Regulations and that there are
substantial penalties for failing to do.so(Section 25-1-114.1). The issuance of this Compliance
Advisory does not limit or preclude the department from pursuing its enforcement responsibility
concerning the above violation"
If you have any questions regarding this matter,please don't hesitate to contact me at(303)692-
3617 or by electronic mail to iackiesobertsestate,co.us.
Sincerely,
Cateari exiiextv
Jac ln M. Roberts
Inorganic Chemicals Rule Manager
Compliance Assurance&Data Management Unit
Water Quality Control Division
cc: Scott Klarich,DW Enforcement,WQCD,CDPHE
Brad Simons,D.E.,Technical Services Unit,WQCD,CDPHE
Carolyn Hermann.FAT,CDPHE
DW File, Section S
Enclosures
Ten Required Elements of a Public Notice
Instructions for Compicting the Nitrate MCE Public Notice
Tier 1 Public Notification Template
Public Notice Certificate of Delivery Petra
£0 'd IIb9b0£0L8 S301AN3S HUU3H N0NIAN3 Wd 8?:S0 NOW b00?-8Z-Nflf
Page 1 of 1
Debra Miller
From: Dan Joseph
Sent: Friday, June 25, 2004 9:12 AM
To: Debra Miller
Cc: Sara Evans
Subject: Sipres Bar
Debra,
I talked with Connie O'Neill today and here is what is happening:
A few years ago a new well was drilled. The state then has to come out and approve the well. At this time the
new well hasn't been approved, so the water is coming from an unapproved source. The waters nitrates are also
high, which may require treatment of some sort.
Our department has been in contact with the state and it appears that they will be contacting Mary soon.
As far as issuing a license, we are waiting to see how the water issue plays out.
Dan Joseph
6/25/2004
Page 1 of 1
Debra Miller
From: Dan Jo
Sent: Thurs y, June 24, 2 04 2:25 PM
To: Debra iller
Cc: Sara Evan
Subject: RE:
Debra,
I just did a regular inspection on the 23rd. As far as her food license, I am happy. I am going to be discussing
with Connie the water issue. I am pretty sure she faxed some info over, but I don't know if Connie has had a
chance to go over it.
I will update you on the water issue once I find out.
Thanks,
Dan
From: Debra Miller
Sent: Thursday, June 24, 2004 12:17 PM
To: Dan Joseph
Subject: RE:
Dan,
On June 2, 2004, I contacted Mary Sipres (303-659-8596) and requested she call you regarding your comments
on the attached file. She indicated she had talked with you and she was waiting to get her water tested...
To date, I have not heard from Mary or your department as to the status of her renewal process as far as
Environmental Health Services is concerned. Could you please update me if there is anything new here?
Thanks, Dan.
From: Dan Joseph
Sent: Wednesday, June 02, 2004 11:38 AM
To: Debra Miller
Cc: Cindy Salazar; Sara Evans
Subject:
Debra,
I have attached the memo concerning the Sipres Lounge.
Dan Joseph
970-304-6415 x2206
6/25/2004
sr
a MEMORANDUM
DEBRA MILLER
FROM:
I FR DAN JOSEPH SUBJEC. DATE: 2/CT.06 00204
LICENSE INQUIRY SIPRES LOUNGE
COLORADO CC: CINDY SALAZAR, SARA EVANS VIA E-MAIL
ENVIRONMENTAL HEALTH SERVICES
In response to your request, Environmental Health Services has reviewed the Retail Food
Service Establishment file for Sipres Lounge, located at 1490 WCR 27, Brighton
Colorado. At this time, the following are concerns for the above listed location:
1) As of May 28`h, the Weld County Department of Public Health and Environment
does not have a signed contract for water testing.
2) Weld County Department of Public Health and Environment has been unable to
ascertain whether or not ice will be served in mixed drinks, which if done would
re food establishment license. I was able to contact Mary Sipres at
03-548-5521 fo initial questioning, but that number has been disconnected.
3) I a e ai food establishment license is required, then we would ask that the three
co partment sink be indirectly drained before issuing the license.
Should you ave any questions regarding this matter, please contact me at 970-304-6415
x2206 or via -mail at Djosenh(a)co.weld.co.us
Thank you.
1/27" d-r, - trolAr
CGS r , Zj0 6G iztal
AL_ (R L U
Page 1 of 1
Debra Miller
From: Dan J '
Sent: F iday, May 28, 2004 1:0 PM
To: D Miller
Cc: Sara Evans
Subject: RE: Tavern Liquor License LO0028
Debra,
I will probably be sending you something in memo form once I am able to talk with Mary Sipres.
But here are the issues:
1) At this time we do not yet have a signed contract for testing of her water at the facility.
2) If she is going to make mixed drinks with ice then she will have to get a food license (does not have one at this
time).
Thanks,
Dan
From: Debra Miller
Sent: Friday, May 28, 2004 9:59 AM
To: Dan Joseph
Subject: RE: Tavern Liquor License (Sipres Lounge) LC0028
Thanks, Dan. That will be fine.
From: Dan Jos "— \
Sent: Thursd , May 27'2004 1:49 PM
To: Debra Mi er
Cc: Sara Evans
Subject: Tavern Liquor License (Sipres Lounge) LC0028
Debra,
I am looking into Sipres Lounge. I want to make sure they have gotten their food license, and that they are set up
for a water contract.
I will try and get information to you tomorrow.
I hope that will be soon enough.
Thanks,
Dan Joseph
5/28/2004
h MEMORANDUM
(744111i;\\To: Debra Miller, Deputy Clerk to the Board May 25, 2004
\
WI`p�.From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
Subject: LC0028
COLORADO
Review of the following liquor license renewal by the Department of Planning Services shows the following:
Sipres Lounge, Inc
dba Sipres Lounge
1490 WCR 27
Brighton, CO 80603
Zone District: A(Agricultural)
This use has existed prior to zoning and a Nonconforming Use File (NCU-80), has been set up by the
Planning Department.
No violations are occurring on the property at this time.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
LIQUOR/BEER RENEWAL REVIEW FORM
Date: May 13, 2004
TO: DEPUTY LES WIEMERS
FROM: Dave Tuttle
SUBJECT: Liquor License Check
In accordance with the new procedure for Liquor and/or beer license checks, please review all
records on the following establishment for any associated reports during the last year and return
your report to the Weld County Clerk to the Board's Office within two weeks. Your report will
be used by the Board of County Commissioners in considering renewal of the liquor and/or beer
license.
PLEASE RESPOND NO LATER THAN: May 26, 2004
ESTABLISHMENT: SIPRES LOUNGE, INC.
DBA SIPRES LOUNGE
1490 WELD COUNTY ROAD 27
BRIGHTON, CO 80603
Current license expires: New Application
X No concerns
Dep 's Initials
The Sheriff's Office had a concern and the deputy has mutually
worked with the licensee to correct the concern.
(Complete Attached Worksheet)
Unresolved concerns exist requiring a Probable Cause Hearing
scheduled by the Board of County Commissioners.
(Complete Attached Worksheet)
Please notify at Extension of the date and time of the
Board of Commissioner's renewal hearing.
AFFIDAVIT OF TRANSFER
AND STATEMENT OF COMPLIANCE
Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes,
Licensee hereby states that all accounts for alcohol beverages sold to the
Applicant are:
Paid in full. There are no outstanding accounts with any Colorado
Wholesalers.
Licensee hereby certifies that the following is a complete list of accounts
for alcohol beverages that are unpaid:
Licensee and Applicant agree tha#,all accounts will be paid for from the
proceeds at closing by the: c/ Licensee _Applicant
Applicant will assume full responsibility for payment of the outstanding
accounts as listed above.
Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to
the Applicant, its agent, or a company, corporation, partnership or other business
entity to be formed by the Applicant.
Dated this'day of 010,*
, 2001j.
n
Ucensee(Seller) Date Applicant uyer Date
' COlO ..
•
"'`'s;•STATE RADO
N
Ig
DEPARTMENT OF
STATE
CERTIFICATE
I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF
COLORADO HEREBY CERTIFY THAT
ACCORDING TO THE RECORDS OF THIS OFFICE
SIPRES LOUNGE, INC.
(COLORADO CORPORATION)
FILE # 19951095657 WAS FILED IN THIS OFFICE ON July 28, 1995
AND HAS COMPLIED WITH THE APPLICABLE PROVISIONS OF THE
LAWS OF THE STATE OF COLORADO AND ON THIS DATE IS IN GOOD
STANDING AND AUTHORIZED AND COMPETENT TO TRANSACT BUSINESS
OR TO CONDUCT ITS AFFAIRS WITHIN THIS STATE.
Dated: May 03, 2004
L4€ h,><-)
SECRETARY OF STATE
COLORADO BUSINESS REGISTRATION 19
_,.,c PRESS FIRMLY AND PRINT CLEARLY-INSTRUCTIONS FOR MIS FORM ARE?'THE PUDLC.a;7oid cs wl
1 THE REVERSE SIDE OF THIS PAGE 1. REASON FOR RIJNOTNISAPPUCATION
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).-y Ba. Owner/PretnedCom.Officer - The Sodd Security It Federal Employer Identification Number(FEIN)
3± Bb. Address(Reddaece or P.O.Box,Street,City,Stale,LP Code) :.. Telephone
•P 7.-'=.. ` ...pin...,)A .),, '. ,., , . .tj�T TO i' b.- d' ( )
;f as oiwiedaertrar/Corp•OAfcer Biter... Sodel SeaaayI Federal Employer Idenbicabon Number(FEN)
rig
,:rq i.Address(Residence a P.O.Box,Street,Cay;State,ZIP Code) Telephone
.
; ( )
:XI Ifyea s:m*ad the business In whole or in pees,complete the fopo*Arg:
Cr? ba. Pda Taxpayer Name . - Vaud:t� Acquisition - PdorZrpeyer Ul fax Accart Number
.
11 10b.Address CRY Slate ZIP Code
1. ❑ if Seasonal,mark ❑ Jan. 0 Ars ❑ Joy ❑ Oct
❑
each bush.%morn. ❑ 0 ❑❑ Aug. 0 Nat
Dec❑ 0 Frees To E — FEES
r-.i O Fling
Frequency:
a Imo•Annually
coleded h: )?b.First bay et Sets(MotDayt/r) h7,, r " , (028a Trade Name .<
❑ UnderSsaNmoMh•Owreyy ) 750) °" (999)6T
al ❑ WholtroMoor �6�a (810 Depos (35 $
" 0020•State Sales Tax esale a Indicate which apples to yon: i. r;p ,>;(0080 Sales Tex W
❑ Wholesaler ❑ Charitable ❑ RID - (MoJDeyNr)0 CD
`. `* 750) . (989)i / /�/�
❑ Retailers-Use ❑ FD EveMlocatla 100-Moles*
, b-'4(0750) License. ( )s ITJ —
1. Filing frequency:If wage withholding amount is 2.OUIGes : . . , ,, (1000-:Ling
psi-=B,999ftear•Quartery ❑s5o,000g/yeer•Weekly ❑WkNblding tt 750) IeB91t u.01J
❑$7,000.$49,gegtnier-Morley Must the by Electronic Funds Transfer a ro /_ />'
gbyyNyyt{yE �� R„w,w 1 TOTAL S /6 �`C/
I dedare under preBy ol perjury in the second decree Brat the smla ends made in t is application are true ale complete to the best of myknawedge.
Sk3NAAVacC9M!%PSbuc•CuP�40Raerii60IInsx T� Ode .
USE We4Y '}'f(d c .4 14
, f3 l PO CD
aD SC_ °tar ' .t. gib: fu ,.TR•t. Date rach§jgr ' ,`;t '.r T°
_. (continue on reverse side of this page.)
d.w.»n MUstcollect ST'ATE' .
r' I.toSfla,bxesfor COLORADO : .
c.=+•� �+ T USEACCOUNTNUMBER LIABILITVINFORMATION, ` ISSUE DATE. LICENSEE VALID
to SALES '�F ..forndraferences fr :w.4 • 3,<;—• H: w. — ";.�. I w: -I �« DE•CEt IBER.37
1�E LICENS _03-69427-"OpsI �j O . , C 100,195 OCT 22' 01- 2003
THIS LICENSE MUST SE POSTED ArmE FOLLOWING Ar b ry • • THIS•LICESSE 1S NOT
Ha�i7. '.
k' - i yrs SIPRES LOUNGE INC • 'i l,,y; _} r. ': ,
1490 WCR •27 , ,1
BRIGHTON' CO '80601 -5 '.L.,..-2,4-
ecp
i
. Egeeutheem,0ctor
_ , Department of Revenue
lid
of -
•1 ' " & '; i ti ... tr./4.5
1N T N
I ow
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-- � 111-----\_a
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. ,+.„mss y VV N
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s
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ii7 ,/LP .
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ried .k4 .
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D .-, I
47 .-z .. I-- I;.CA L. �h „I 7/,.1443j . / 1P3
OR 6404-I (06/02)
COLORADO DEPARTMENT OF REVENUE •
UQUOR ENFORCEMENT DIVISION
1881 PIERCE STREET RM tom
DENVER CO 80281
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant,all general partners of a partnership,all limited partners owning 10% (or more)
of a partnership: all officers and directors of a corporation,all stockholders of a corporation owning 10% (or more)of the stock
of such corporation;all limited liability company MANAGING members, Officers or other limited liability company members
with a 10%(or more)ownership Interest In such company and all managers of a Hotel and Restaurant or a Tavern License.
NOTICE:This Individual history record provides basic information which Is necessary for the licensing authority Investigation.
All questions must be answered In their entirety or your application may be delayed or not processed. EVERY answer you give
will be checked for its truthfulness.A deliberate falsehood or omission will Jeopardize the application as such falsehood
within itself constitutes evidence regarding the character of the applicant.
1.Name of Busine
≤ ' 1e≤ hvu, ny(2 ) 3AYe
2.Your Full Name(last,first,middle)� 3.List any other names you have used.
S ; p! /s fI If'4y -AL rn191QY 5 /P,.es
4.Mailing address(If different from residence) Home Telephone ZS63-- S'YP -S.5-aiE 'c CO
. r . 303- 2'S7 -6S/6
-
5.List all residence addresses below.Include current and previous addresses for the past five years.
STREET AND NUMBER CITY,STATE, ZIP FROM TO
Current
Sac S, Fa t-70* l4rc_ FrAtAfth,idep total o0 3 ,a00)1
P e/yjous
I 4qn co c (2 )--7 P.4.5 A tDA' do 846011 lnV 2003
6.Date of Birth Social Security Number(SSN) Place of Birth 7.U.S.Citizen?
-When p sow, Ode wyes ❑No
If Naturalized,state where hen Name of District Court
Naturalization Certificate Number Date of Certification If an Alien,Give Alien's Registration Card Number Permanent Residence Card Number
8.Height Weight Hair Color Eye Color Sex Race 9.Do you have a current Driver's License? <
10.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage Industry.
NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER
11.Have you ever applied for,held,or had an interest In a Slate of Colorado Liquor or Beer License,or loaned money,furniture or fixtures,equipment or
ventory,to any liquor or beer licensee?If yes,answer in dot zi Yes O No
tao .4.4.44.4.A--
199t a.
12.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited ball for any offense in criminal or military
court or do you have any charges pending?(If yes,explain in detail.) ❑YeS XI No
19.Have you ever received a violation notice,suspension or revocation,for a liquor law violation,or have you applied for or been denied a liquor or beer
license anywhere In the U.S.?If yes,explain in detail. D Yes An No
14.List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary)
NAME OF EMPLOYER ADDRESS(STREET,NUMBER,CITY,STATE,ZIP) POSITION HELD FROM TO
5' t'P4e c ho v. ,e 1490 w s� 5a` Qca /190 oPaos
S'G
15.Financial information. 5L,,00D t bapcIA
Total purchase price$ . (If buying an existing business)OR list the total amount of your investment In the new business,
including notes.loans,cash,services or equipment,and operating capital $
Provide details of Investment You must account for the sources of ALL cash(how acquired).Attach a separate sheet if needed.
Type:Cash,Services or ash,Services or EquIpmeM Where Obtained meM Where Obtained(Savings,1/ Checking,Account,etc.) Amount
Ca l//7s _ . • ,�1P C k r ny 354,000
Loan Information(attach copies of all notes or loans)
Name of Lender Address Term Security Amount
16.Give name of bank where business account will be maintained;name the account will be maintained under;and the name or names of persons
authorized to draw thereon.
tilt I-A s F4290 6A AllC
S
ly AoufI9.e ,XNc, (7) SiAy s , 'PA,_,
Oath of Applicant
I declare under penalty of perjury in the second degree that this application and all attachments are true,correct,and complete to the best of
my knowledge.
Authorized Signature _� Titl
Date
\.........M ✓ ��` �r/) 'emu" ‘5.—` —o
� 6 &)7
/2-4-Aar
-Aitatejlie
IL tit 44"4 11-2$111
Mks Beaaty Nom
1024 Bridge St.
Brighton,CO 80601
T - MORTGAGE CONSULTANTS
2169 31st ST.
Greeley,Co 80634
phone (970) 356-0679
fix (970) 336-9154
k ,v 75(k(hotmai Loom
May4,20O$
To whom it say concern:
1 Oscar Tones have die priviege to wry this letter is arra to the carat sekrate ofMary Spa
lime bass Ma Spves fraplsnvsly tasty)es,or shod 1 say the has larawn ore for about
twistyIii Iaa Ms.Spies ata fan*gang aad sae tbs Lase naiad a art off when neededat
her miracle e altints.
Ms.Noes has alotdgwai eats s Adds Ihaseasis dr ova resod ad Lao Me. Asa
haws owner ofae nal lass sdntN5 a 6r/.Qghacisi atalalast,I bow first had that Ida.Sees
was defaisel,a very deter a vd,ad hard wvlsa pass to ha had 6r establish ant for nay,nay
years As a employee of Ms.Sea I a ay she is straight forward,honest,ad yet aderstadsg to her
employees tads. As a Eind,Istria*are that Ms.Shires is n3abk,trawrtll,bat,arse,and
is very t—paaik s 6r hairs ad peed oat wised.
s daring,!Oa Trans voided support Ms.Spa in w7 activities the wsashl Nerd avian in or business
Sales she is srzJag. I also bcicve that Ms.Sepses has the faith,bowlod%e and experience to seek ay
a4byand or lair brio sterys.
arms
Mac Mac Nsay
FROM: B.ALICIA LOPEZ
RE:MRS. MARIA SIPRES
DATE: 05/03/2004
To Whom It May Concern:
I have known Maria Sipres since the year 1984,I have known Mrs. Sipres to be and has been a
very honest caring person. Maria is a very fair person she is always going by the book. Mrs.
Sipres is a very bright and intelligent person; it is an honor to know her all these years.Mrs.
Sipres has been a very successful businesswoman since I met her. If you have any questions
about her character call meat(970)587-9070 or my cell number is(970)405-9481 or my work
number(970)353-3800 ext:3431,write to me at 209 S Josephine Avenue Milliken,Colorado
80543.
Sincerely!
B. licia Lo z
05/87/2004 89:28 3034583935 TIEP'FO M:PTGAGE PAGE 01
•
CO MMEANRDCI AL
PERSONAL PR PERTYEASE OF REAL RUPERTY
e day of May,2004 in
THIS LEAST.is entered into as oft res("Landlord"),whose address is 925
Denver.Colorado.by and between Mary , ip inc ("Tenant").
South Fulton Street,Ft. Lupton,Colorado 80621,and Siprrs Lounge, (
whose address is 1490 WCR 27.Brighton. CO 80603.
WITNESSETH:
In consideration of the premises.the mutual covenants hereinafter contained, and
each and every act to be performed hereunder by them,landlord and Tenant hereby enter
into the following Lease pertaining to the hereinafter described premises:
1490 WCR 27, Brighton.Colorado 80603.except as otherwise excluded in
Paragraph 33 below(the"Premises"):and pertaining to the following personal property
located on the Premises:
All furniture, fixtures,equipment and leasehold improvements related to the
operation of a restaurant business located on the Premises, in their present condition,
normal wear and tear excepted, including but not necessarily limited to,all items on the
attached Exhibit"A" (the "Assets").
I. LEASED PREMISES. 'the Landlord hereby lets and demises to the Tenant and
the Tenant hereby leases from the Landlord the above-stated premises("the Lease
Premises")for the term and upon the terms and conditions set forth in this Lease.
It is the purpose and intent of Landlord and Tenant that the return to Landlord
under this Lease shall be absolutely"net" so that the share of all costs directly or
indirectly attributable to the Lease Premises shall be the obligation of Tenant.
2. TERMS. The Term of this Lease shall be for a period beginning at twelve
o'clock a.m. on May 1,2004, and extending until twelve o'clock a.m. of December 31,
2008. See Addendum (Contingency),
3- MINIMUM RENT. The Tenant covenants and agrees to pay a reserved
minimums rent for the Lease Premises for the MI term of this Lease in monthly
installments in accordance with the schedule set forth on the attached Addendum.
Payment shall be without setoff or reduction. in advance on or before the first day of each
month during the term of this Lease at the address of the Landlord first written above or
05/87/2004 09:28 3034583935 TIEMPO MORTGAGE PAGE 02
at such other address or addresses as the landlord may hereafter designate by notice to the
Tenant.
4. REAL ESTATE TAXES AND ASSESSMENTS. In addition to the rent set
forth above Tenant shall pay to Landlord as additional rent, on or before April 30 of each
year of the lease term. as the same may be extended,an amount equal to 50%of the real
property taxes or any tax levied in lieu thereof on the Lease Premises levied or assessed
(including special assessments).
5. PERSONAL PROPERTY TAXES. On or before April 15 of each year of the
lease term,as the same may be extended,Tenant shall pay all of the personal property
taxes or any tax levied in lieu thereof on the Assets levied or assessed (including special
assessments)for the preceding year.
6. SALES TAXES. Tenant shall pay all sales taxes related to the operation of a
business on.the Premises as the same may fall due and shall provide Landlord with copies
of all sales tax reports to the requisite State and Local governmen I TV:And evidence
of payment of the same,on a quarterly basis,aAaaarziag ,_... (for-the
previous thc..4.trtonths) a -ea-e_a`-
•
year this Lease is in effect.
7. PARKING. Tenants shall be responsible for all costs of maintaining the parking
area and including, but not by way of limitation,gardening and landscaping expenses,the
cost of replacement of plants and planters. the cost of fire, casualty.public liability and
property damage insurance, repairs,replacements, line painting, sealing,resurfacing,
lighting,all repair and replacement costs relating to any utility service lines not within the
boundary of the Lease Premises, sanitary control,clearing.removal of snow,trash,
rubbish, garbage,and other refuse.
R. MAINTENANCE OF THE BUILDING AND REPAIRS. Tenant shall keep
all portions ol'the building on the Lease Premises. including the foundation, the four
outer walls(including all glass windows and window frames and doors), gutters,
downspouts and roof in good repair. Tenant is also responsible for maintaining
heating/air conditioning equipment. and shall keep all mechanical appurtenances and
equipment, and shall keep all mechanical appurtenances and equipment in good order.
operating condition and repair, including replacement, if necessary. 'Tenant shall also be
responsible for cleaning of all windows and sweeping of and removal of snow from
sidewalks on the Lease Premises. Tenant shall maintain and keep all parts of the interior
of the leased premises. which include but arc not limited to, interior wall surfaces,doors,
door hardware, plumbing.electrical. and mechanical equipment within the leased
premises. in good order,operating condition and repair. Tenants shall also keep the Lease
Premises in a clean, sanitary and safe condition in accordance with all directions, rules
and regulations of any health officers, building inspectors or other proper officers of the
governmental agencies having jurisdiction,and shall dispose of all trash and waste
materials in outside trash containers. Tenants shall flatten all boxes for dumping of trash.
05/07/2004 09:28 3034583935 TIEMPO MORTGAGE PAGE 03
Tenants shall comply with all requirements of law, ordinances and other rules and
regulations that affect the Lease Premises, and shall,at its own cost and expense, replace
with a glass of the same quality any damage or broken glass,including plate glass or other
breakable materials used in structural portions of any interior or exterior windows and
doors on the leased premises.In addition.Tenant shall.at its own cost and expense.
replace any light bulbs, frames, ballasts, and accessory parts thereof on the leased
premises that may be broken or damaged during the term hereof. At the expiration of the
term. Tenant shall surrender the leased premises broom clean in as good order as the
same is on the day Tenant first opened for business to the public,reasonable wear and
tear expected.
9. MAINTENANCE OF ASSETS. During the term of this Agreement, Tenant
shall keep all the Assets, including all operating equipment, in good order, operating
condition and repair, including replacement,if necessary.
10. UTILITIES. At all times during the term of this lease,the Tenant, in addition to
the rents required hereunder, shall pay, prior to delinquency,the costs of all utilities,
including hut not limited to gas,propane,electricity,water and sewer used and consumed
by the Tenants, its employees,agents,servants,customers and other invitees in the Lease
Premises, and to the extent possible shall contract for the same in its own name. The
cost of any conversion of utilities to other energy sources shall be borne by Tenant.
throughout the duration of Tenant's occupancy of the Tease Premises.Tenant shall keep
such meters and installation equipment in good working order and repair at Tenant's sole
cost and expense. Failure to do so may allow Landlord to cause such meters and
equipment to be replaced or repaired,and collect the cost thereof from Tenant as
additional rent.
The Landlord does not warrant or guarantee the continued availability of any or all
of the utility services necessary or desirable for the use of the lease Premises by the
Tenant. In no event shall the interruption, diminution or cessation of such availability he
construed as an actual or constructive eviction of the Tenant. nor shall the Tenant be
entitled to any abatement of its rent obligations under this Lease on account thereof. In
the event that a deposit is required by a public or quasi-public organization in order to
furnish or agree to furnish any service to the Lease Premises,the Tenant agrees and
covenants to pay such charge or deposit or it's pro rata share thereof. Any money so paid
shall not entitle the Tenant to an offset or reduction ot'its rent liability under this Lease,
nor shall the landlord he obligated to return, repay or credit the Tenant for any money so
paid.
Landlord reserves the right to stop the service of any or all of the utilities
hereinahove described when, in the Landlord's sole discretion, such stoppage is
necessitated by reason of accident,repairs. inspections, alterations or improvements. until
any of the same have been completed. In such event,Landlord shall not be deemed guilty
of a breech of this Lease, nor shall the Tenant be entitled to any abatement of his rent
obligations tinder this (.ease on account thereof.
05/07/2004 09:28 3034583935 TIEMPO MORTGAGE PAGE 04
11. CARE OF LEASE PREMISES. Tenant agrees not to commit any waste upon
the Lease Premises or overload the floors thereof;to keep the Lease Premises well-
lighted,and in a neat and clean condition, not to conduct any auction, fire,bankruptcy,
liquidation or going-out-of business sales thereon without the prior written consent of
Landlord; and to operate its business thereon continuously during the term hereof at
reasonable business hours unless prevented from doing so by governmental regulations or
acts of God.
12. SIGNS AND ADVERTISING. Tenant shall pay all costs of causing its signs to
he erected and maintained.
13. USE OF LEASE PREMISES AND ASSETS. The Lease Premises shall be used
and occupied by the Tenant(and any subtenants and assignees of Tenant)only as a
restaurant and nightclub and for no other purpose, and the Assets shall be used on the
Lease Premises and used only for the same purpose. "tenant shall not use or allow the
Lease Premises to be used for any improper, immoral, unlawful or objectionable purpose;
nor shall Tenant cause, maintain or permit any nuisance in. on or about the Lease
Premises. Tenant shall not commit or allow to be committed any waste in or upon the
Lease Premises.
Tenant shall not allow the Lease Premises to he used for any purposes prohibited
by the laws of the United States of America,the State of Colorado, or the regulations or
ordinances of any other governmental entity having jurisdiction over the Lease Premises.
Furthermore.Tenant shall keep the liquor license on the Lease Premises in full effect and
good standing at all times during the lease term.
14. ALTERATIONS AND ADDITIONS. Tenant shall make no alterations or
additions to the Lease Premises, including equipment or delivery of the utilities,where
such work shall cost in excess of One Thousand Dollars(S1.000.00), without first
procuring landlords written consent,after delivering to the Landlord the plans and
specifications thereof. Under no circumstances shall Tenant commence any such work
until Landlord has been provided with certificates evidencing that all the contractors and •
subcontractors performing the work have in full force and effect adequate workmen's
compensation insurance as required by the laws of the State of Colorado, public liability
and builders risk insurance in such amounts and according to terms satisfactory to
Landlord.
Within five (5)days after notifying landlord of any planned erection.
improvement(" the work").Tenant shall post and keep posted until completion of the
work.a conspicuous place upon the doors providing entrance to the Lease Premises,and
shall personally serve upon such contractors or subcontractors performing the work, a
notice stating that Landlord's interest in the Lease Premises shall not be subject to any
lien for said work.
05/07/2004 09:28 3034583935 TIEMPO MORTGAGE PAGE 05
All alterations,additions, improvements and fixtures, including but not by way of
limitation, lighting fixtures,ducts, controls, diffusers,filters or other equipment for
distribution of heating and cooling. and other personal property which may be made or
installed by,for or on behalf of the Tenant upon the Lease Premises, and which in any
manner are attached to the floors, or ceilings shall become the property of the Landlord at
the termination of this Lease and shall remain upon and be surrendered with the Lease
Premises as a part thereof without disturbance,molestation of injury. Any title, linoleum
or floor covering of similar character which may be cemented or otherwise adhesively
affixed to the floor of the Lease Premises shall be and become the property Landlord
absolutely upon the termination of the Lease, During the team of this Lease,the Tenant
shall not remove or damage the above-described improvements and fixtures without the
written consent of the Landlord.
15, INSURANCE. Tenant shall at its sole cost and expense maintain the following
insurance or pay the following premiums with respect to the leased premises: (a)
standard fire and extended coverage insurance insuring the Lease Premises and all
alterations and additions made by Tenant to the Lease Premises and all of its fixtures.
furniture and equipment for the full replacement value thereof on an eighty percent(80%)
co-insurance form insuring against all risks of direct physical loss and excluding only
such unusual perils as nuclear attack, earth movement, flood and war; (b) public
liability, bodily injury and property damage comprehensive insurance coverage insuring
against claims of anv and all personal injury,death or damage occurring in or about the
leased premises or the sidewalks adjacent thereto,with a combined single limit coverage
of not less than One Million Dollars(1,000,000.00); (c) plate glass insurance sufficient
to discharge Tenant's obligations as above provided; and(d) a policy covering all the
Assets. Landlord or Landlord's mortgagee may reasonably require increase in the above-
described coverage from time to time, in which event Tenant shall obtain the same and
pay the costs thereof.
Each such insurance policy shall be issued by an insurance company of recognized
standing.authorized to do business in the State of Colorado and satisfactory to Landlord.
The policies required in the above paragraphs shall name the Landlord and Tenant as
parties,insured-loss payees,and where applicable, be payable to the Landlord and Tenant
as their interests may appear. Il'required by Landlord.such policies shall also contain a
loss payable endorsement in favor of the holder of any first mortgage on the property or
portion thereof. All such policies shall provide that no cancellation or termination thereof
or any material modification thereof shall be effective except on ten (l0)days'prior
written notice to Landlord, and, if applicable said mortgagee. Certificates evidencing
such insurance shall he delivered to Landlord upon the lease commencement date and
each anniversary thereof.
Without landlord's prior written consent,Tenant shall not carry any stock of
goods or do anything in or about the Lease Premises which would in any way tend to
increase insurance rates or invalidate any policy on the Lease Premises. If Landlord shall
consent to such use. Tenant agrees to pay as additional rent any increase in premiums for
05/07/2004 09:28 3034583935 TIEMPO MORTGAGE PAGE 06
the insurance against loss by standard fire and extended coverage resulting from the
business carried on in the I rase Premises by Tenant. if Tenant installs any electrical
equipment that overloads the power lines to the Lease Premises, Tenant shall.at is own
expense, make whatever changes are necessary to comply with the requirements of
insurance underwriters and insurance rating bureaus and governmental authorities having
jurisdiction.
The obligations of Tennant, as continued in this article, shall inure directly to
Landlord's first mortgage and shall not be validated by an act, neglect or default of
Landlord,nor by any foreclosure or other similar proceeding. nor by any change in title or
ownership of the Lease Premises.
16. WAIVER OF SUBROGATION. Landlord and Tenant agree that, if the interests
on which they have obtained insurance in connection with the transaction contemplated
hereby shall he damaged or destroyed during the term of this Lease by a peril insurable
under a standard fire and extended coverage policy and whether or not such damage or
destruction was caused by the neglect of the other party,neither party shall have any
liability to the other or to any insurer of the other for,or in respect of, such damage or
destruction to the extent covered by such insurance;and each party shall require all
policies of material damage insurance carried by such party during the term of the Lease
to be endorsed with a provision in and by which the insurer designated therein shall waive
its right of subrogation against the other. The waiver of subrogation hereby required shall
extend only to the risks insured by the policies required hereby. Each party shall pay its
own costs. if any. of securing such an endorsement,and if not so paid, that party shall
lose the benefit obtained for it of any waiver of subrogation.
17. DESTRUCTION OF OR DAMAGE TO LEASE PREMISES. In case the
Lease Premises shall be partially or totally destroyed by fire or other casualty insurable
under standard fire and extended coverage insurance so as to become partially or totally
untenantable.the same shall be repaired as speedily as possible at the expense of
Landlord,to the extent of insurance proceeds available.unless Landlord shall elect not to
rebuild as hereinafter provided.
In case the Lease Premises shall be destroyed or so damaged by fire or other
casualty insurable under standard fire and extended coverage insurance as to render more
than thirty-three percent(33%)of the Lease Premises or thirty-three percent(33%) of the
said building untenantable, Landlord may.at its election to be exercised by notice given
to Tenant not more than thirty (30)days after the occurrence of the damage,terminate this
Lease. but if Landlord shall not so elect. Landlord shall, as promptly as may be
reasonable, repair. rebuild or restore any such damage suffered in the Lease Premises as
in this article provided; however.Landlord's obligation shall he limited to restore the
Lease Premises to their original condition as of the date they are declared "ready for
occupancy". but only to the extent allowed by available insurance proceeds.
05/07/2004 09:28 3034583935 TIEMPO MORTGAGE PAGE 07
•
•
In case of Casualty to the Lease Pemises resulting in damage or destruction,
which casualty is not insured against the Landlord shall be under no obligation to restore,
replace, or rebuild the Lease Premises,and this Lease shall be deemed terminated on the
thirtieth (30th)day after each such casualty and of no further force and effect as of the
date of such casualty, unless the Landlord elects to restore,repair, replace and rebuild the
Lease Premises and so notifies the Tenant in writing within thirty(30) days after such
casualty; in that event, this Lease shall continue in full force and effect during the period
of such restoration, repairing, replacing. or rebuilding, Furthermore. if Landlord so elects
to restore, repair. replace or rebuild the premises,Landlord shall proceed with the
reasonable diligence to do so and place the Lease Premises in substantially the same
condition as of the date they are declared "ready for occupancy."
If such damage or destruction in this article occurs, and this Lease is not so
terminated by Landlord,this Lease shall remain in MI tiwce and effect, and the parties
waive the provision of any laws to the contrary. Tenant shall, in the event of any such
damage or destruction,unless the Lease shall be terminated as provided in this article,
forthwith replace or fully repair all exterior signs, trade fixtures, equipment, display cases
and other installations originally installed by Tenant. Tenant's minimum rent shall abate
in that same proportion as the number of square feet in the Lease Premises. Tenant
agrees during any period of reconstruction, restoration or repair of the Lease Premises to
continue the operation of its business in the Lease Premises to the extent reasonably
practicable from the standpoint of good business.
18. EMINENT DOMAIN. If the whole of the Lease Premises shall be acquired or
condemned by eminent domain for any public or quasi-public use or purpose,then the
term of this Lease shall cease and terminate as of the date of title vesting in such
proceeding, all rent shall be paid up to that date,and Tenant shall have no claim against
Landlord for the value of any unexpired term of this Lease.
if a part of the Lease Premises shall be acquired or condemned by eminent domain
for any public or quasi-public use. and in the event that such partial taking small he so
extensive the Tenant is unable to operate in the remainder substantially the business being
conducted on the Lease Premises immediately prior to such taking, then from the day of'
such taking and for a period of ten (10) days thereafter, Tenant shall have the right either
to terminate this Lease and declare the same null and void by giving written notice
thereof within said period to the Landlord or, alternatively, to continue in the possession
of the remainder of the Lease Premises under the terms herein provided, except that the
minimum rent shall be reduced in such just proportion as the nature,value and extent of
the part so taken bears to the whole of the Lease Premises.
In the event that the Tenant shall terminate this Lease as provided hcreinabove,
such termination shall be as of the date of Tenant's written notice. (but rent shall be due
until tenant's sun-ender of the Lease Premises).and Tenant shall have no claim against
Landlord for the value of the unexpired term of this lease, or damages of any kind.
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•
In the event of a partial taking which is not extensive enough to render the Lease
Premises unsuitable for the business of the Tenant, then Landlord shall promptly restore
the Lease Premises to a condition comparable to its condition at the time of such taking,
less the portion lost in the taking, and this Lease shall continue in full force and effect
except that the minimum rent shall be reduced in the manner provided hereinabove.
As regards any obligations of Landlord described in this article, in no event shall
Landlord be required to spend an amount in excess of the amount available to Landlord
from the award for any part of the Lease Premises taken.
in the event of any condemnation or taking as aforesaid,whether in whole or in
part. the Tenant shall not he entitled to any part of the award paid for such condemnation,
and Landlord shall receive the full amount of such award,the Tenant hereby expressly
waiving any right or claim to any part thereof, including but not limited to, all damages as
compensation for diminution in value of the leasehold,reversion, and fee. Although all
damages in the event of any condemnation or taking are to belong to the Landlord,Tenant
shall have the right to claim and recover from the condemning authority, hut not from the
Landlord,such compensation as may be separately awarded or recoverable by Tenant in
Tenant's own right on account of any and all damage to tenant's business by reason of the
condemnation and for or on account of any cost or loss which Tenant might incur in
removing Tenant's merchandise,furniture, fixtures, leasehold intpmvements and
equipment.
19. INDEMNIFICATION. Except as concerns losses paid by insurance for which
Landlord has waived the right of subrogation.Tenant shall indemnify and save Landlord
harmless from any liability for damages to any person or any property in or upon the
Lease Premises, including the personal property of the Tenant and its employees,agents,
servants, customers or other person or any property in or upon the Lease Premises.
including the personal property of the tenant and its employees,agents, servants,
customers or other invitees, and further from any loss, cost, damage or expense(including
reasonable attorneys'fees)arising out of any accident or other occurrence due directly or
indirectly to the negligence of the Tenant, its employees,agents, servants,customers or
other invitees.
Except as concerns losses paid by insurance for which Tenant has waived the right
of subrogation,Landlord shall indemnify and save Tenant harmless from any liability for
damages( including reasonable attorneys'fees)arising out of the Landlord.
Notwithstanding any indemnity given hereunder.Tenant shall not hold or attempt to hold
Landlord liable for any injury or damage,either proximate or remote,occurring through
or caused by fire, water, or any repairs or alterations to the Lease Premises or otherwise:
or liable for any injury or damage occasioned by defective wiring or breakage or stoppage
of plumbing or sewage upon the Lease Premises,whether said breakage or stoppage
results from frreezing,or otherwise. All property kept, stored or maintained in the Lease
Premises shall be so kept. stored or maintained at the risk of the Tenant only.
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20. ASSIGNMENTS AND SUBLETTING. The Tenant shall not assign,sell,
pledge, mortgage,encumber or in ally manner transfer this Lease or any interest therein.
nor sublet the Lease Premises or any part or parts thereof, nor permit occupancy by
anyone with, through or under it;without the prior written consent of Landlord.and such
determination shall be the sole discretion of the Landlord. Landlord shall have sixty(60)
days from the date of receipt of the written request or Tenant in which to determine
whether or not Landlords consent shall be granted. Landlord shall have no liability of any
kind for not consenting to an assignment or subletting.
Tenant shall not assign,sell,pledge. mortgage, encumber or in any manner
transfer any interest they may have in the Assets,nor sublet the same,without the prior
written consent of the Landlord.
Any sublease of the Lease Premises or assignments of the Assets executed by
Tenant shall incorporate this Lease("the Underlying Lease")in its entirely and be subject
to its terms. The sublease shall also require the sub-lessee to attorn to Landlord at
Landlord's option in the event of default by Tenant under the terms of the Underlying
Lease. and Tenant does hereby grant Landlord the irrevocable power of attorney to affect
the same. Consent by Landlord to one or more assignments of this Lease or to one or
more sub-lettings of the Lease Premises or assignments of Assets shall not operate as a
waiver of Landlord's rights under this article as to any subsequent assignments or
subletting, nor release Tenant or any guarantor of Tenant of any of its obligations under
this Lease. nor be construed or taken as a waiver of any Landlord's rights or remedies
under this Lease.
No interest in this Lease shall pass to any trustee or receiver in bankruptcy,to any
estate ol'the Tenant,to any assignee of the Tenant for the benefit of creditors,or to any
other party by operation of law or otherwise without Landlords consent.
No consent to assignment or subletting shall be granted if Tenant is then in default
under this Lease.
Landlord shall receive(i)all increase in minimum rents and(ii)all increases in
percentage rents resulting from increases of the percentage ratio paid by an assignee or
sub-lessee. Tenant shall not share to any extent in such rents.
21. LANDLORD'S SALE. In the event of any sale of the Lease Premises by
Landlord. including sales by foreclosure or a deed in lieu thereof, Landlord shall he, and
is.entirely freed and relieved of all liability under any and all of this covenants and
obligations contained in or derived from this Lease arising out of any act or omission
occurring after the consummation of sale or lease; and the purchaser or lessee shall.
during the period of its ownership or lease term, be deemed without any further
agreement between parties to have assumed and agreed to carry out any and all of the
covenants and obligations of Landlord under this Lease. All subsequent purchasers or
lessors shall similarly be freed and relieved of all liability hereunder subsequent to the
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date of such sale or lease by them. In the event of any such sale or lease,the Tenant
agrees to attom to and become the Tenant of Landlord's successor-in-interest.
•
22. DEFAULT. This Lease is made on the condition also that. if any one or more of
the following events(herein referred to as an "event of default") shall happen:
A. Tenant shall default in the timely payment of the minimum rent,percentage
rent or any other amounts payable hereunder; and such default shall continue for three(3)
days following the receipt of written notice from Landlord: or
B. Tenant shall neglect or fail to perform or observe any of the other covenants
herein contained on"l enant's part to be performed or observed. and Tenant shall fail to
remedy the same within fifteen (15)days after Landlord shall have given to Tenant
written notice specifying such neglect or failure(or within such period,if any,as may he
reasonably required to cure such default. if it is of such nature that it cannot be cured
within said fifteen (15)days period, provided that Tenant shall have commenced to effect
such cure and shall proceed with due diligence to complete such cure);or
C. Tenant shall i)be adjudicated a bankrupt or insolvent, or(ii)file a petition in
bankruptcy or for reorganization or for the adoption of an arrangement under the
Bankruptcy Act(as now or in the future amended),or(iii)make an assignment of its
property for the benefit of this creditors; or
D. :tenant shall vacate or abandon the Lease Premises; or
L. Tenant shall be in default under that certain lease of personal property
bearing even date herewith for lease of assets related to the operation of a restaurant on
the Lease Premises;
then in any one or more of such events landlord shall have the right. at its election,
provided Landlord has given prior written notice to Tenant then or at any time thereafter
and while such event of default shall continue.either:
(I) To give Tenant written notice of Landlord's intention to terminate
this Lease on the date of such given notice or any later date specified therein,and on such
specified date Tenant's right to possession of the Lease Premises shall cease and this
Lease shall thereupon be terminated; or
(2) Without further notice,to re-enter and take possession of the Lease
Premises,or any part thereof,and repossess the same as of Landlord's former estate, and
expel Tenant and those claiming through or under Tenant,and remove the effects of
either or both (forcibly, if necessary)without being deemed guilty of any manner of
trespass and without prejudice to any remedies for arrears of rent or preceding breach of
covenants. Should landlord elect to re-enter as provided in this Section D, or should
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Landlord take possession pursuant to legal proceedings or any notice provided for by law.
Landlord may, from time to time,without terminating this Lease, relet the Lease
Premises, or any part thereoff, on behalf of Tenant for such term or terms, and at such rent
or rents.and upon such other terms and conditions as Landlord may deem advisable
(which may include concessions and free rent)with the right to make alterations and
repairs to the Lease Premises. No such re-entry or taking of possession of the Lease
Premises by Landlord shall be construed as an election on Landlord's part to terminate
this Lease, unless a written notice of termination be given to Tenant.
In the event Landlord does not elect to terminate this Lease, but on the contrary,
elects to take possession, then such repossession shall not relieve Tenant of its obligation
and liability under this Lease,all or which shall survive such repossession. In the event
of such repossession.Tenant shall pay to Landlord as rent:
a. The minimum rent and percentage rent (computed on the basis the
percentage rent paid during the preceding percentage rent period closest to the date of
default)and other sums as hereinbefore provided, which would be payable hereunder if
such repossession has not occurred: less
b. The net proceeds.if any.of any reletting,or the value of the
Landlord's use, if any. of the Lease Premises after deducting all of Landlord's expenses in
connection with such relening, including,but without limitation,all repossession costs,
brokerage commissions, legal expenses, attorneys fees, expenses of employees,necessary
alteration costs and expenses of preparation of such reletting.
Tenant shall pay such rent to Landlord on the days on which the minimum rent
would have been payable hereunder if possession and not been retaken. and Landlord
shall he entitled to receive the same from Tenant on each such day. If Landlord shall he
required to commence any action or proceeding to collect the foregoing amounts,or to
enforce any other obligation of the Tenant under this Lease. landlord shall be entitled to
a reimbursement of all costs and expenses incurred in said matter. including reasonable
attorney's fees.
After repossession of the Lease Premises, Landlord may procure the appointment
of a.receiver to take possession and collect rents and profits of the business of Tenant,
and. if necessary to collect the rents and profits. The receiver may carry on the business
of Tenant.and take possession of the personal property used in the business of Tenant,
including inventory,trade fixtures,and furnishings and use them in the business without
compensating Tenant. Proceedings for appointment of a receiver by the Landlord,or the
appointment of a receiver and the conduct of the business of Tenant by the receiver, shall
not terminate and forfeit this Lease, unless Landlord has given written notice of
termination to tenant as provided herein.
I£however. this Lease is terminated by a court of lawful.jurisdiction, Landlord
shall be entitled to recover as damages from the Tenant the excess, if any, of the
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•
minimum rent reserved in this Lease for the balance of the term hereof over the then
reasonable rental value o f the Lease Premises for the same period, plus all of Landlord's
costs of reletting the Lease Premises including,but not limited to,repair, alteration and
preparation of said Lease Premises for reletting, and any brokerage commission paid or
due to any agent of Landlord,which amounts shall be immediately due and payable by
'tenant to Landlord. It is agreed that the then "reasonable rental value" shall be the
amount of rent which Landlord may then reasonably obtain as rent for the remaining
balance of the term. in addition, all cost incurred in connection with collecting such Sum,
including reasonable attorneys'fees and cost, shall be recoverable by Landlord from
Tenant.
In the event that the Landlord commences summary proceedings in the nature of a
forcible entry and detainer or unlawful detention for non-payment of a minimum rent,
percentage rent,additional rent,or for Tenant's failure to perform its other obligations
hereunder. Tenant agrees not to file a counterclaim against Landlord in said proceedings,
and not to consolidate claims against Landlord in said proceedings; however. Tenant does
not waive its right hereunder to bring any later action against Landlord for damages. The
commencement of such proceedings shall not be deemed to terminate the Lease. If
Tenant should contest such summary proceedings, it shall post a bond in favor of
Landlord for the amount due and for future damages upon termination of this Lease.
24. LATE RENT PAYMENT. In the event that the Tenant fails to pay when the
same are due and payable any minimum rent,percentage rent, additional rent or any
obligation hereof which may be satisfied by the payment of money, Tenant shall pay a
penalty of$200.00. The late charge shall not he in derogation of any other tight which
the Landlord may assert. Additionally.Tenant shall pay a$50.00 charge for any checks
written to Landlord which are returned due to insufficient funds.
25. LIEN ON PERSONALTY AND FORFEITURE OF PERSONALTY.
Subject to any purchase money security interest on such items,Land hereby entitled to a
lien upon any and all furniture, fixtures and equipment belonging to the Tenant and used
at, in or upon the Lease Premises, whether acquired by the Tenant before or after
execution of this Lease to secure the due payment of rent and other liabilities of the
Tenant hereunder. Upon failure of the Tenant to pay any part of such rent or other
liability and after due notice as required by article 28 hereinafter,the Landlord, with
further notice or demand,may possess and sell such property at public or private sale (and
Landlord may be a purchaser at such sale)and otherwise avail itself of all rights and
remedies then available under the Uniform Commercial Code as enacted in the state of
Colorado. To accomplish the foregoing, Tenant agrees,at the request of Landlord, to
execute a satisfactory security agreement and financing statement. Tenant does hereby
grant to Landlord its irrevocable power of attorney for the purpose of executing such
instruments, if Tenant fails to execute the same immediately upon request.
Additionally or in the alternative, as the case may be. Tenant agrees that within
fi iteen (t 5) clays of termination of this Lease or repossession of the Lease Premises by
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Landlord without termination whichever first occurs, by way of default or otherwise, it
shall remove all personal property for which it has the right to ownership. Any and all
property of Tenant not removed within said 15-day period shall irrevocably become the
sole property of Landlord. Tenant waives all rights to notice and all common law and
statutory claims and causes of action which it may have against Landlord subsequent to
said 15-day period as regards the storage, destniction, damage, loss of use and ownership
of the personal property affected by the terms of this paragraph. Tenant acknowledges
Landlord's need to rclet the premises upon termination of this Lease or repossession of
the premises, and understands that the forfeitures and waivers provided herein are
necessary to aid said reletting.
26. NON-DISTURBANCE AND SUBORDINATION. This Lease Agreement
shall be subject and subordinate to: (i) any reciprocal easement agreements or any
other casements and (ii)the lien of any first mortgage,which Landlord may now or
hereafter place upon the Lcasc Premises,and to all terms,conditions and provisions
thereof. to all advances made,and to any renewals,extensions, modifications or
replacements thereof. Provided, however, that if the Lease Agreement is in full force and
effect, the right of possession of Tenant to the Lease Premises and Tenant's rights arising
out of this lease Agreement shall not he affected or disturbed by the mortgage in the
exercise of any of its rights under the mortgage or the note secured thereby,nor shall
Tenant he named as a party defendant to any foreclosure of the lien of mortgage, nor in
any other way he deprived of its rights under this Lease Agreement. in the event that the
mortgagee shall agree to the sale of the Lease Premises pursuant to the exercise of any
rights and remedies to this Lease Agreement and the rights of the Tenant hereunder.
Tenant agrees to attom to the mortgage or such person who may acquire title as its new
Landlord, and the Lease Agreement shall continue in full force and effect as a direct lease
between Tenant and mortgagee or such other person, upon all the terms,covenants and
agreements set forth in this Lease Agreement. Tenant agrees to and does hereby appoint
Landlord as its attorney-in-fact to execute or obtain execution of such instruments as may
he necessary to effectuate said subordination,sale, foreclosure, and attornment. Such
instruments may require Tenant to notify the mortgagee of defaults by Landlord
hereunder.to make rental payments to the mortgagee at a reasonable time to cure defaults
hereunder, if Landlord has not done so.
27. NOTICES. All notices to he given hereunder by either of the parties shall be in
writing. Any notice may be served by Landlord upon the Tenant personally by delivering
the same to an employee of Tenant,or to Tenant directly. Any notice shall also be
deemed duly served by either party if mailed by registered or certified mail,return receipt
requested,with proper postage prepaid, addressed to each party at its address first written
above. Either party may change the address to which notices may be sent by delivering a
copy thereof to the other party in the manner aforesaid. If services shall be made by
registered or certified mail,such service shall be complete as of the next day following
the mailing of such notice in the manner aforesaid.
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lit. DEPOSIT. Tenant will deposit with the Landlord,the sum of$1.000 as
follows: One Thousand Dollars($1.000.00) on the execution of this document, and
thereafter will keep on deposit at all times during any option term that total sum, as
security for the payment by Tenant of the rents during any option period and for the
faithful performance of all the terms,conditions and covenants hereof. lf, at any time
during the term,Tenant shall be in default in the performance of any provision of this
[case. Landlord shall have the right to use said deposit, or so much thereof as necessary,
in payment of any rent in default.or at the option of landlord.the same may be retained
by Landlord. In such event Tenant shall, on written demand of Landlord, forthwith remit
to Landlord a.sufficient amount of cash to restore said deposit to its original amount. In
the event said deposit or as much thereof as has not been utilized for said purpose, shall
he refunded to Tenant, without interest, upon full performance of this Lease by Tenant.
Landlord shall have the right to commingle said deposited with other funds of Landlord.
Landlord may deliver the funds deposited herein by Tenant to the purchaser of landlord's
interest in the Lease Premises in the event such interest is sold, and,thereupon, Landlord
shall he discharged from further liability with respect to such deposit. Said deposit shall
not he considered as liquidated damages,and if claims of Landlord exceed said deposit.
Tenant shall remain liable for the balance of such claims.
29. OPTION TO EXCEED. As additional consideration for the execution of this
lease, the Landlord grants to the Tenant one option to extend the term of this Lease for
an additional five-year period upon the same terms and conditions herein contained,
except for fixed minimum monthly rental and the extension option granted herein, so long
a5 the Tenant is not in default in the payment of rent or performance of its other
obligations under this lease. 'the minimum monthly rental for the first year of the option
period shall be market value, and there shall he reasonable increases tirr each year
thereafter, in no event shall the minimum rent for any lease year of any additional period
be less than the minimum rent due for the lease year immediately preceding the period to
be adjusted. If the Tenant elects to exercise an option hereunder. it shall do by giving the
Landlord written notice of such election at least three(3)months before the beginning of
the additional period for which the term hereof is to be extended by the exercise of such
option. if the Tenant gives such notice, the term of this Lease shall be automatically
extended for the additional period of years covered by the option so exercised without
execution of an extension or renewal lease.
30. MISCELLANEOUS
Liens- The Tenant shall not permit mechanics', materialmen's or other liens against the
Lease Premises in connection with any labor,materials,equipment, or services furnished,
or claim to have been furnished. If any such lien shall be filed against the Lease
Premises. Tenant shall cause it to he discharged at its sole cost and expense; provided,
however, that if Tenant desires to contest any such lien, it may do so, so long as the
enforcement thereof is stayed. In the event such a stay is obtained. Tenant shall obtain
title insurance in the amount of the lien or liens(including interest and costs)for the
benefit of Landlord should landlord desire the same for any period during which a lien or
liens exist on the Lease Premises. In such event Tenant shall, if necessary,pay required
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title insurer's requirements,pay escrow costs and fees.pay the attorneys'fees of Landlord,
and sign indemnity agreements in favor of the title insurer.
Relationship of Panics. Nothing contained herein shall he deemed or construed by the
parties hereto, nor by any third party.as creating the relationship of principal and agent or
a partnership or a joint venture between the parties hereto, it being agreed that neither the
method of computation of rents nor any other provision set forth herein nor any acts of
the parties herein shall be deemed to create any relationship between the parties hereto
other than the relationship of Landlord and Tenant.
Representation. The Tenant acknowledges and agrees that it has not relied upon any
statements, representations,agreements or warranties, except such as are expressed in this
Lease.
Amendments or Modifications. No amendment or modification of this Lease or any
approvals or permission of the Landlord required under this Lease shall he valid or
binding unless reduced to writing and executed by the parties hereto in the same manner
as the execution of this Lease.
Grammatical Changes. Wherever the words "Landlord" and "Tenant"are used in this
Lease, they shall include"Landlords"and "Tenants"and shall apply to persons, both men
and women, companies, partnerships and corporations. Wherever the words "mortgage"
or "mortgages" are used herein the same shall be deemed to include a deed of trust or
trust deed,and the word "lender" shall include a mortgagee of a mortgage or a beneficiary
of a deed of'trust or trust deed. All references to the term of this Lease shall include any
extension of the term. except as otherwise provided. All references to Tenant shall
include Tenant's guarantors, assignees or sub-lessees. All reference to the singular shall
include the plural,and vice versa.
Section Headings. The section headings are inserted herein only for convenience of
reference and shall in no way define, limit or describe the scope or intent of any
provisions of this Lease.
Binding Effect. Subject to the provisions hereof,the benefits of this Lease and the
burdens hereunder shall respectively inure to and be binding upon the heirs, successors,
personal representatives and assigns of the parries.
Force Majeure. Whenever a period of time is herein provided for either party to do or
perform any act or thing, there shall be excluded from the computation of such period of
time any delays due to strikes, riots, acts of god. shortages of labor or any cause or causes.
whether or not similar to those enumerated, beyond the parties'reasonable control or the
reasonable control of their agents, servants, employees and any contractor engaged by
them to perform work, in connection with this Lease.
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•
Personal Property Taxes. Tenant shall pay before delinquency any personal property
taxes attribute to the furniture, fixtures, merchandise,equipment.or other personal
property situated on the Lease Premises. If any such personal property taxes are levied
against the Landlord or Landlord's property,and if the Landlord pays the same(which
Landlord shall have the right to do)of if the assessed value of Landlord's premises is
increased by the inclusion therein of a value placed on such property,and if Landlord
pays the taxes based on such increased assessment(which Landlord shall have the right to
do), Tenant upon demand shall repay to Landlord the taxes so levied against the Landlord
or the proportion of such taxes resulting from such increase in the assessment.
Non-Waiver. No waiver of condition or covenant of this Lease by either party hereto
shall be deemed to imply or constitute a further waiver by such party of the same or any
other condition or covenant. No act or thing done by Landlord or Landlord's agents
during the term hereof shall be deemed as acceptance or a surrender of the Lease
Premises.and no agreement to accept such surrender shall be valid unless in writing
signed by Landlord. The delivery of Tenant's keys to any employee or agent of Landlord
shall not constitute a termination of this Lease unless a written agreement has been
entered into with landlord.ol'a lesser amount than the minimum monthly rent herein
stipulated rent.nor shall any endorsement or statement or any check or any letter
accompanying any check,or payment as rent, be deemed as accord and satisfaction, and
Landlord shall accept such check for payment without prejudice to Landlord's right to
recover the balance of such rent or pursue any other remedy available to the Landlord. if
this Lease he assigned.or if the Lease Premises or any part thereof he sublet or occupied
by anyone other than the Tenant. the Landlord may collect rent from the assignee,
subtenant or occupant and apply the net amount collected to the rent herein reserved, but
no such collection shall he deemed a waiver of the covenant herein against assignment
and subletting,or the acceptance of the assignee.sub-tenant, or occupant as tenant.or a
release of the Tenant from the complete performance by the Tenant of the covenants
herein contained on the part of the Tenant to be performed.
Reimbursement of Attorneys'Fees and Costs. In the event either party takes legal
action against the other in order to enforce the terms of this Least the party in whose
favor final judgment is entered shall he entitled to recover from the other party its
reasonable attorneys'fees and costs.
Short Form Lease and Notice to Mortgagee. The landlord and the Tenant agree not to
place this Lease of record,but upon the request of either party to execute and
acknowledge so,the same may be recorded as a short form lease indicating the names and
respective addresses of the Landlord and Tenant.the i Pact Premises,the lease term and
options for renewal. if any, but omitting rent and other terms of this Lease. Tenant agrees
to an assignment by Landlord of rent and of the Landlord interest in this Lease to a
mortgagee, lithe same he made by Landlord. Tenant further agrees that Tenant will give
to said mortgagee a copy of any request for performance by landlord or notice of default
by Landlord;and in the event Landlord fails to cure such default.the Tenant will give
said mortgagee a reasonable period in which to cure the same. Said period shall begin
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•
with the last day on which Landlord could cure such default, before Tenant exercise any
remedy by reason of such default.
Changes in Provisions of Lease: Lender-Insurer Documents. It is understood that in
order to construct the Building on the leased premises and to complete the improvements
thereon. Landlord must obtain financing from a lender. Tenant agrees to make any
modifications in the terms and provision of this Lease, if not relating to amounts of
monies to be paid by tenant, in order to comply with any request of such lender,and to
execute such documents as are necessary to obtain financing and insurance.
Estoppel Certificates. At any time and from time to time but within ten(10) days after
prior written request by Landlord, Tenant will execute, acknowledge and deliver to
landlord, promptly upon request,a certificate certifying(a)that this Lease is unmodified
and in full force and effect or,if there have been modifications,that this Lease is in full
force and effect or, if there have been modifications, that this Lease is in full force and
effect. as modified, and stating the date and nature of each modification.(b) the date, if
any.to which rent and other sums payable under this Lease have been paid, (c)that no
notice has been received by Landlord of any default which has not been cured, except as
to defaults specified in said certificate, and(d)such other matters as may be reasonably
requested by Landlord. Any such certificate may be relied upon by any prospective
purchaser or existing or prospective mortgagee or beneficiary under any deed of trust of
the Building.
Basements. The Landlord shall have the right to grant any easements on,over, under
and above the Lease Premises for such purposes as Landlord determines, provided that
such easements will not materially interfere with Tenant's business.
I folding Over. In the event that Tenant remains in possession after the expiration of
this Lease, without execution of a new Lease. Tenant shall be deemed to occupy the
Lease Premises as a tenant from month-to-month,subject to all conditions,provision and
obligations set forth herein insofar as the same are applicable to a month-to-month
tenancy.
Time is of the Essence. Time is of the essence hereof and each party shall perform its
obligations and conditions hereunder within the time hereby required.
Unenfomeahility. 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,and 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
he added as a pan of this Lease a clause or provision as similar in terms to such illegal,
invalid or unenforceable clauses or provision as may be possible and be legal. valid and
enforceable.
05/07/2004 09:28 3034583935 TIEMPO MORTGAGE PAGE 18
•
.R$lhts and Remedies. The remedies of the Landlord shall be cumulative,and no one
of them shall be construed as exclusive of the other,or any remedy provided by law. The
rights and remedies provided hereunder shall survive the termination of this Lease.
Financial Statements. Tenant and any guarantors of Tenant's obligations hereunder
shall provide their most recent financial statements(s)including statements of income
and expense and statements of net worth within fifteen(15)days following the request of
Landlord. Landlord may request said statements once during any year. Said statements
shall be verified as being true and correct,
Limitation of Landlord Liability. In no event shall Landlord be liable to Tenant for any
failure of any other tenant in the Lease Premises to operate its business. Notwithstanding
anything to the contrary provided in the Lease, it is specifically understood and agreed.
such agreement being a primary consideration for the execution of this Lease by
Landlord, that there shall be absolutely no personal liability on the part of Landlord, its
successors, assigns, legally appointed representatives, or any mortgages in possession(for
the purposes of this paragraph collectively referred to as("Landlord")with respect to any
of the terms,covenants and conditions of this Lease.and that Tenant shall look solely to
the equity of landlord in the Lease Premises of which the Lease Premises are a part for
the satisfaction of each and every remedy of Tenant in the event of any breach by
Landlord of any of the terms,covenants and conditions of this Lease to be performed by
Landlord, such exculpation of liability to be absolute and without any exception
whatsoever.
Execution of Related Documents. On the execution of this lease,Tenant shall also
execute and tender to Landlord a statement regarding the lease of personal property
suitable for filling with any statement agency to evidence such lease of the Assets.
Exhibits and Addenda. The following Exhibits and Addenda attached to this Lease
arc incorporated herein and made a part hereof by this reference:
a. Addendum (Rent Schedule).
In the event that any Exhibits and/or Addenda mentioned in this Lease are not attached
hereto. the intention to omit them shall he conclusively presumed and their absence shall
not vitiate this Lease.
landlord Finish. Tenant accepts the leased premises in "as is" condition.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day
and year first above written in duplicate copy.
LANAI- .ORD: N •
I)1/1.6
Ma Si es �(//.�_
Mary Pr' • Mary Sipres, Pre nt(Sipres Lounge, Inc.)
Recorded at_ o'clock—___a.
Reception No. .__ _.._._._______. .______Recorder
QUITCLAIM DEED
^
THIS DEED,Made this t 1 day of 1 f R I L . 19 96
between Tory iv (4. ' i psi.c /4N,:i
MI-14y 1), S. pa-s
of the FT/,t,lp Toro *County of We L-D and State of
Colorado,grantor(s),and
/y»,y P. S ,,aA.D5
whose legal
address is ihic'C wC1.2. 27 —
of the Pr, /-i.{�/jtil/ County of U,)e.4 and State of Colorado,grantee(s),
WITNESSETH,That the grantor(s),for and in consideration of the sum of
Dollars
the receipt and sufficiency of which is hereby acknowledged,ha remised,released,y sold and QUITCLAIMED,and by 5'these presents do remise,release,sell and QUITCLAIM unto the grantee(s),' �la heirs,successors and assigns,
forever,all the right,title,interest,claim and demand which the grantor(s)ha in and to the real property,together with
improvements,if any,situate,lying and being in the County of (,(fed) and State of
Colorado,described as follows:
4 -1( Cl. 6 4 L/3Nei I y T He. fV w '/'f o-f TNe- 5 Lt: yy
o + Sect v, oL` J Tow,ysA 3 1- /44 kilt M 'u`le 64 LA -f c4 7AC
6 12 Ian• (AA Id Cc n-t•y) Ce o/i,�do; ky sloe• tve 5t of �/-Ve A. ler
of Ltd/4y -y O- he. 11 iv.civ P/Icr/rc (2/3' 2—tAl1yC? . /-1 e\ cJc2nc-t
6f 51-Rif' 1-1 ;y Gt'Hy / t Kr- y't/4- yr4,E'rc' L O-l.. LA iv` d
Co t- b y Dee , ecoi: cb /i0 teo/< 1190 /1-f 16-7c 30.
•
2486470 B-1543 P-267 04/18/96 12:03P PG 1 OP 1 REC DOC
Weld County CO Clerk & Recorder 6.00
also.known by street and number as: / *90 W id CC UAI?7 yc'.o qA
.assessor's schedule or parcel number:
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in
anywise thereunto appertaining,and all the estate,right,title,interest and claim whatsoever,of the grantor(s),either in law or equity, i
to the only proper use,benefit and behoof of.the grantee(s) heirs and assigns forever.
IN WITNESS W REOF,The grantor(s)ha executed this deed on the date set forth above.
A r
)
STATE OF COLORADO,
�/� ss.
County of alas Nn-S
The foregoing instrument-was acknowledged before me this 'n7 day of 19 C(6v,
by Otun N. S(pres are IrYlarlj D. Stp s ,
My commission expires I OIPA I q Tj Witness my hand and official seal. t. .
7 a. M o,. • II"
"If in Denver,insert"City and".
Name and Addeen of Pena Creating Newly Created Legal Description(§38-35-106.5.CR.S.)
No,933.Rev.4-94. QUITCLAIM DEED CY
Bradford Publishing.1743 Waru St..Denver,CO 80202—(303)292-2500-2-96
Recorded at o'clock M, on Book Page
Reception No. Recorder
e L9'Varmryy6Deed n
. THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the
"property")from the individual(s),corporation(s),partnership(s),or other entity(ies).named below as GRANTOR to the individual(s)
or entity(ies) named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,
except for(1)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and
rights-of-way shown of record(3) any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)
any protective covenants and restrictions shown of record,and(6)any additional matters shown below under"Additional Warranty
Exceptions".
The Specific Terms of This Deed Are:
Grantor: (Give name(s)and place(s)of residence;if the spouse of the owner-grantor IS joining in this Deed to release homestead rights,identify
grantors as husband and wife.)
UNITED SPANISH AMERICAN ASSOCIATION, a dissolved corporation,
acting by and through a majority of the surviving members of its last known •
Board of Directors
Grantee: (Give name(s) and address(es);statement of address,including available road or street number,is required.)
JOHN N. SIPRES AND MARY D. SIPRES
2630 West Yale Avenue
Denver, Colorado 80219
Form of Co-Ownership: (II there are two or more grantees named,they will be considered to take as tenants in common unless the words"in
joint tenancy"or words of the same'meaning are added in the space below.)
in joint tenancy
Property Description: (Include county and state.)
A tract of land lying in the NW7 of the SW1 of Section 29, Township 1 North, Range 66
West of the 6th P.M. , Weld County, Colorado, lying West of the right of way of the
Union Pacific Railway Co. and East of State Highway No. 2, except a parcel of land
conveyed by Deed recorded in Book 1190 at Page 330.
D.F.
12.50
•
Property Address: 1490 Weld County Road 27
Consideration: (The statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is
identified as a gift;in any case this conveyance is absolute,final and unconditional.)
ONE HUNDRED TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00)
Reservations-Restrictions: (If the GRANTOR intends to reserve any interest in the property or to convey Iasi than he owns,or it the GRANTOR
is restricting the GRANTEE'S right in the property,make appropriate indication.)
Ft,
(D
O
O
n Additional Warranty Exceptions: (Include deeds of trust being assumed and other matters not covered above.)
5
to
m
c
3
0
Executed by the Grantor on September 19 1g 84
Signature Clause for Corporation.Partnership or Association: Signature Clause for Individual(s):
UNITED SPANISH AMERICAN ASSOCIATION, A DISSOLVED CORPORATION
Name of Grantor: Corporation, Partnership or Association Grantor
•
Salat2y/AbDyyta Grantor
By / % e) n LA.
TU1
Abel Martinez
Attest:
Grantor
STATE OF COLORADO
COUNTY OE,' Weld ) ss.
The fore9oing'fnstrument was acknowledged before me this 19th day of September . 19 84
By. Sal l�,/ AAbe to and Abel Martinez, survivin members of last Board of Directors of
.•'Vriite¢dY. Sp}aanish American Association, a dissolved corporation
WITNESS my hand attd aft'Crat seal. _
My eommlNlon I es:'. it
-
My .October 20, 1985
Notary Public
STATE OF. '1-C' )
COUNTY OF ss. 1221 8th Avenue
Greele , Colorado.
The foregoing instrurnenbwas'acknowledged before me this y
tlay of 19
Br
('name individual Grantor(s)or if Grantor is Corporation,Partnership or Association,then identify signers as president of vice president and secretary or
assistant secretary of corporation;or as partner(s)of partnership;or as authorized member(s)of association.)
WITNESS my hand and official seal.
My commission expires: Notary Public
a 1981 UPDATE LEGAL FORMS /^T NO.201
(.72/ 51
P.O.Box 1815-Greeley, Colorado 80632
BUY & SELL AGREEMENT
�91
THIS AGREEMENT, made and entered into this — day of
2004 by and between Sipres Lounge, Inc., hereinafter re to as the"PURCHASER" and odulo
Varela, Inc. hereinafter referred to as "SELLER". WHEREAS,the SELLER is the owner of the business
being operated under the name of Teo's Lounge and Grill located at 1490 WCR 27. Brighton, CO 80603,
and the SELLER desires to sell to the PURCHASER all of his rights,titles, and interest in and to said
business, including all furniture, fixtures,equipment, signs,goodwill, non-compete for said business, and
the PURCHASER is willing to buy the same on the terms and conditions hereinafter provided. Purchase
price shall be Fifty Six Thousand Dollars,($56,000),the return of$5,000 security deposit and release of
promissory note(see exhibit B).
NOW, THEREFORE, it is mutually agreed as follows:
I. The SELLER shall sell and the PURCHASER shall purchase, free from all liabilities and
encumbrances, the said business owned and operated by the SELLER at the premises located at 1490 WCR
27, Brighton, CO 80603 including the goodwill as a going concern,the lease to such premises,the fixtures,
furniture,equipment, signs,goodwill,non-compete and trade name including but not limited to all items
listed in Exhibit"A" (Asset list)for the entire purchase price of$56,000 in cash, $5,000 return of security
deposit and full release of the remaining balance(as of May 15,2004)of promissory note dated January 3,
2003 and due to Sipres Lounge, Inc. PURCHASER shall pay $56,000 in cash, cashiers check of certified
funds at the time of closing, which amount shall be adjusted by prorations to the date of closing. In
addition, the$5,000 security deposit will be returned in Teodulo Varela, Inc.
2. The SELLER agrees to pay maximum of one hundred dollars for transferring and/or for writing
a new lease. The PURCHASER agrees to assume all responsibilities upon said lease after closing.
3. The SELLER shall comply with all the provisions of the Colorado law and any and all laws
which are applicable or may be required to insure a valid and effective transfer of the business and the
enumerated assets as contained in and provided for under this Agreement. FURNITURE AND FIXTURE
LIST(EXHIBIT"A")TO BE ATTACHED UPON ACCEPTANCE OF THIS CONTRACT.
4. The closing shall take place at: on or before
, or as soon thereafter as all conditions can be fulfilled. At the time of closing.
all keys to the same premises,the bill of sale and other instruments of transfer of the said business and the
property thereof shall be delivered by the SELLER to the PURCHASER, and the monies to be paid
hereunder shall be paid by the PURCHASER. Upon completion of the said payment and the said transfer.
the said sale shall be effective and the PURCHASER shall have possession of the said business.
5. The parties hereto agree to execute any and all documents that may be necessary to carry out the
terms of the Agreement. The SELLER covenants with the PURCHASER that all of the assets specified in
the assignment to be delivered at the closing will transfer to the PURCHASER, all the assets specified in the
inventory free of all encumbrances, except: none , and said bill of sale and documents
of assignment will contain the usual warranties and affidavit of title.
6. Prior to closing or from the proceeds of the closing the SELLER shall pay all taxes of the
business so that the same shall be fully paid and current at the time of closing. The payment of said taxes
shall include all taxes to the United States Government,the State of Colorado, the County of Weld, and the
City of Brighton, and shall include, although not necessarily to be limited to, sales tax, use tax, withholding
tax, personal property tax, income tax, FICA, unemployment taxes and workmen's compensation. The
business shall be free of all liens, EXCEPT none
7. The SELLER warrants to the PURCHASER that all of the assets being sold hereunder are in
good working order and will be in good working order on the day of closing. Further,the SELLER agrees
not to dispose of any assets of the business from the date of this contract to the date of closing.
PURCHASER may,at his sole expense and option, conduct a complete mechanical inspection within 5 days
after both parties have signed this agreement.
8. Any addendum which are attached to this Agreement are incorporated herein by reference and
made an integral part hereof.
9. Prior to closing, a physical walk through and inspection of the assets and stock in trade shall
be taken by the PURCHASER and SELLERS. The actual inventory will be taken on the day prior
to closing by the PURCHASER and SELLER together, and at closing PURCHASER shall pay,
upon completion of this inventory,the full "at cost" amount to the SELLER. Inventory may be
taken by an independent party, and the cost shall be split half and half by PURCHASER and
SELLER. will not be involved
with the taking of the inventory.
10. SELLER covenants to and with the PURCHASER that said SELLER agrees for a period of 2
years from the day of closing the SELLER will not directly or indirectly, either as principal,
agent, manager,owner, partner, stockholder, director or officer of a corporation, or otherwise,
engage or become interested financially or otherwise in any LIKE business hereby sold, within
a radius of 10 miles from 1490 WCR 27, Brighton, CO 80603.
II. The PURCHASER shall have the right to assign the restricted non-compete covenant
contained hereinabove in Paragraph 11 in the event that PURCHASER desires hereafter to
sell the said business, and the SELLER agrees to remain bound by the terms of the said
restricted covenant to any and all subsequent purchasers and assigns of the said business.
12. This agreement is specifically contingent upon the PURCHASER obtaining all necessary
licenses for the continued operation of said business. PURCHASER agrees to make
application to the appropriate authorities for such approval and shall diligently pursue such
application by furnishing and filing all information and documents required by such
authorities.
Evidence of the approval of such authorities shall be a condition precedent to the obligations of the
PURCHASER hereunder. PURCHASER shall receive full cooperation from the SELLER in this
matter.
An automatic extension of not more than fifteen (I5)days is hereby agreed to by the
parties hereto if the only unfilled conditions hereunder is the transfer of any necessary licenses.
13. It is not intended by the parties that the accounts receivable of the SELLER be sold or
assigned to the PURCHASER,and the PURCHASER agrees to deliver to the SELLER and all
mail or payments received by the PURCHASER after the date closing which are intended for
the SELLER.
14. Any allocation of the purchase price between tangible goods such as fixtures, and intangibles
such as goodwill, shall be negotiated, if desired, between the parties hereto, but no such
allocation, or failure to arrive at any allocation, shall effect the validity of this contract nor
effect the obligation of each party to complete this contract.
I5. All warranties, covenants and representations made by the parties to this Agreement shall
survive the closing.
16. The business will be conducted by the SELLER up to the date of closing according to and
conforming with all laws,rules and regulations of the city, state and federal government. Up
to the date of closing the SELLER will operate and maintain his business in the ordinary
course,will not violate the terms of any lease or contract connected with the business, will not
remove or cause to be removed any stock-in-trade except as it may be consumed in the regular
course of trade, and will not increase the compensation payable to any of the employees of the
business.
17. SELLER assumes all risk of the regular financial responsibilities of the business fully, up the
date of closing. The SELLER assumes all risk of loss,destruction or damage due to fire or other
casualty up to the time of closing.
18. Time is of the essence hereof, and if any payment or other condition hereof is not made,
tendered,or performed by either the SELLER or PURCHASER as herein provided, then this
agreement, at the option of the party who is not in default,may be terminated by such party, in
which case the non-defaulting party may recover such damages as may be proper.
In the event of such default by the SELLER, and the PURCHASER elects to treat the contract
as terminated,then all payments hereon shall be returned to the PURCHASER. In the event of
such default by the PURCHASER, and the SELLER elects to treat the contract as terminated, than
all payments made hereunder shall be forfeited and retained on behalf of the SELLER. In the
event, however,the non-defaulting party elects to treat this contract as being in full force and
effect,then nothing herein shall be construed to prevent its specific performance.
Once all conditions have been satisfied,the obligations of the parties may be specifically
enforced by either party as long as that party is not in default hereunder. In the event of a dispute
between the parties resulting in a civil case being filed,the successful party shall receive an award
that includes his reasonable attorney's fees and costs incurred.
19. As time is of the essence, in the event the SELLER fails to approve this instrument in
writing on or before May 1-2004 then this contract, at PURCHASER'S option shall be void and
of no effect and each party hereto shall be released from all obligations hereunder and the
payments made hereunder shall be returned forthwith to PURCHASER.
20. Upon approval hereof by the SELLER,this agreement shall become a contract between
SELLER and PURCHASER and shall inure to the benefit of the heirs, successors and assigns of
said parties,and shall survive the date of the closing.
21. ADDITIONAL PROVISIONS: SELLER TO FURNISH A FURNITURE & FIXTURE
INVENTORY UPON ACCEPTANCE OF THIS CONTRACT.
22. Credit,reductions,and adjustments for ongoing expense such as Personal Property Tax,
Rent, Work in progress, Security Deposit, and similar items shall be prorated to closing date.
23. COMPANY DEPOSITS: Any and all amounts currently on deposit for the benefit of the
business such as security deposits, utility service, insurance. etc. are and shall remain the sole
property of the SELLER and are not included as part of this transaction. PURCHASER shall,
effective with the closing, deposit such amount as necessary to continue the operation of the
business.
24. This agreement is expressly contingent on the happening of the following or as otherwise
stated in this agreement:
A. All necessary agency approvals.
B. The complete and successful transfer of any license which shall not be
restricted by any suspension terms, into the name of the PURCHASER.
C. SELLERS full release of commercial lease agreement with Mary Sipres as of
date of closing.
D. SELLER and PURCHASER agree to keep this agreement and terms
confidential from suppliers,employees,and clientele until the day of closing.
F. PURCHASER'S approval of the mechanical condition of all equipment
purchased.
25. SELLER shall indemnify and hold PURCHASER harmless against any and all claims of
any person or entity, for performance or the lack of such, prior to the date of closing.
PURCHASER agrees to accept full financial responsibility for the business and all claims incurred
after the date of closing.
REPRESENTATION AND WARRANTIES OF THE
PARTIES.
THE SELLER HEREBY WARRANTS AND REPRESENTS THE FOLLOWING:
A. He has the title now, and will have such on the date of the closing,to all the furniture,
fixtures and equipment, name and all assets of the business.
B. That all outstanding debts prior to the closing will be paid for prior to or from the proceeds
of the closing.
C. That there are no outstanding leases, rentals,purchases or any signs, equipment,or vehicles
or any other assets being transferred unless same is noted on the furniture and fixtures
inventory attached.
D. SELLER warrants that the business is in good standing under all federal, state, and local
laws.
E. SELLER warrants that he has no knowledge of any actions, proceedings, claims,or
investigations against the name or business herein described.
F. SELLER warrants that there are no collective bargaining agreements amongst the
employees and there is no knowledge of such.
G. SELLER will not incur prior to closing, liabilities, debts or other obligation,except the
normal course of business, in regard to the business without notifying the PURCHASER fully.
THE PURCHASER HEREBY WARRANTS AND REPRESENTS THE FOLLOWING:
A. PURCHASER has the financial ability to purchase, execute and deliver under the terms of
this agreement as written.
B. PURCHASER understands and acknowledges that Victor Juarez is not acting as agent of
the PURCHASER and has made no representation regarding the corporation or an investment
of the capital stock or the assets of the business.
C. PURCHASER further understands and acknowledges that any representations which may
have been made by the SELLER regarding the business or an investment in the business were
made without any participation or acknowledgement by Victor Juarez and that Mr. Juarez
shall bear no responsibility for any such representation.
ALLOCATION OF PURCHASE PRICE:
FURNITURE, FIXTURES& EQUIPMENT
GOODWILL g
Loan Calculator
Enter Values Loan Summary
Loan Amount $ 40,000.00 • Scheduled Payment $ 792.05
Annual Interest Rate 7.00 % Scheduled Number of Payments 60
Loan Period in Years 5 Actual Number of Payments 60
Number of Payments Per Year 12 Total Early Payments $ -
Start Date of Loan 1/1/03 Total Interest $ 7,522.88
Optional Extra Payments
Lender Name: sipres lounge inc
Pmt Payment Beginning Scheduled Extra Total Ending
No. Date Balance Payment Payment Payment Principal Interest Balance
1 2/1/03 $ 40,000.00 $ 792.05 $ - $ 792.05 $ 558.71 $ 233.33 $ 39,441.29
2 3/1/03 39,441.29 792.05 - 792.05 561.97 230.07 38,879.31
3 4/1/03 38,879.31 792.05 - 792.05 565.25 226.80 38,314.06
4 5/1/03 38,314.06 792.05 - 792.05 568.55 223.50 37,745.51
5 6/1/03 37,745.51 792.05 - 792.05 571.87 220.18 37,173.64
6 7/1/03 37,173.64 792.05 - 792.05 575.20 216.85 36,598.44
7 8/1/03 36,598.44 792.05 - 792.05 578.56 213.49 36,019.89
8 9/1/03 36,019.89 792.05 - 792.05 581.93 210.12 35,437.95
9 10/1/03 35,437.95 792.05 - 792.05 585.33 206.72 34,852.63
10 11/1/03 34,852.63 792.05 - 792.05 588.74 203.31 34,263.89
11 12/1/03 34,263.89 792.05 - 792.05 592.18 199.87 33,671.71
12 1/1/04 33,671.71 792.05 - 792.05 595.63 196.42 33,076.08
13 2/1/04 33,076.08 792,05 - 792.05 599.10 192.94 32,476.98
14 3/1/04 32,476.98 792.05 - 792.05 602.60 189.45 31,874.38
15 4/1/04 31,874.38 792.05 - 792.05 606.11 185.93 31,268.26
16 5/1/04 31,268.26 792.05 - 792.05 609.65 182.40 30,658.61
17 6/1/04 30,658.61 792.05 - 792.05 613.21 178.84 30,045.41
18 7/1/04 30,045.41 792.05 - 792.05 616.78 175.26 29,428.63
19 8/1/04 29,428.63 792.05 - 792.05 620.38 171.67 28,808.24
20 9/1/04 28,808.24 792.05 - 792.05 624.00 168.05 28,184.24
21 1011/04 28,184.24 792.05 - 792.05 627.64 164.41 27,556.60
22 11/1/04 27,556.60 792.05 - 792.05 631.30 160.75 26,925.30
23 12/1/04 26,925.30 792.05 - 792.05 634.98 157.06 26,290.32
24 1/1/05 26,290.32 792.05 - 792.05 638.69 153.36 25,651.63
25 2/1/05 25,651.63 792.05 - 792.05 642.41 149.63 25,009.22
26 3/1/05 25,009.22 792.05 - 792.05 646.16 145.89 24,363.06
27 4/1/05 24,363.06 792.05 - 792,05 649.93 142.12 23,713.13
28 5/1/05 23,713.13 792.05 - 792.05 653.72 138.33 23,059.41
29 6/1/05 23,059.41 792.05 - 792.05 657.53 134.51 22,401.87
30 7/1/05 22,401.87 792.05 - 792.05 661.37 130.68 21,740.50
31 8/1/05 21,740.50 792.05 - 792.05 665.23 126.82 21,075.27
32 9/1/05 21,075.27 792.05 - 792.05 669.11 122.94 20,406.16
33 10/1/05 20,406.16 792.05 - 792.05 673.01 119.04 19,733.15
34 11/1/05 19,733.15 792.05 - 792.05 676.94 115.11 19,056.21
35 12/1/05 19,056.21 792.05 - 792.05 680.89 111.16 18,375.33
36 1/1/06 18,375.33 792.05 - 792.05 684.86 107.19 17,690.47
37 2/1/06 17,690.47 792.05 - 792.05 688.85 103.19 17,001.62
38 3/1/06 17,001.62 792.05 - 792.05 692.87 99.18 16,308.74
39 4/1/06 16,308.74 792.05 - 792.05 696.91 95.13 15,611.83
40 5/1/06 15,611.83 792.05 - 792.05 700.98 91.07 14,910.85
41 6/1/06 14,910.85 792.05 - 792.05 705.07 86.98 14,205,78
42 7/1/06 14,205.78 792.05 - 792.05 709.18 82.87 13,496.60
43 8/1/06 13,496.60 792.05 - 792.05 713.32 78.73 12,783.28
44 9/1/06 12,783.28 792.05 - 792.05 717.48 74.57 12,065.81
45 10/1/06 12,065.81 792.05 - 792.05 721.66 70.38 11,344.14
46 11/1/06 11,344.14 792.05 - 792.05 725.87 66.17 10,618.27
47 12/1/06 10,618.27 792.05 - 792.05 730.11 61.94 9,888.16
48 1/1/07 9,888.16 792.05 - 792.05 734.37 57.68 9,153.79
49 2/1/07 9,153.79 792.05 - 792.05 738.65 53.40 8,415.14
50 3/1/07 8,415.14 792.05 - 792.05 742.96 49.09 7,672.18
51 4/1/07 7,672.18 792.05 - 792.05 747.29 44.75 6,924.89
52 5/1/07 6,924.89 792.05 - 792.05 751.65 40.40 6,173.24
53 6/1/07 6,173.24 792.05 - 792.05 756.04 36.01 5,417.20
54 7/1/07 5,417.20 792.05 - 792.05 760.45 31.60 4,656.75
55 8/1/07 4,656.75 792.05 - 792.05 764.88 27.16 3,891.87
56 9/1/07 3,891.87 792.05 - 792.05 769.35 22.70 3,122.52
Pmt Payment Beginning Scheduled Extra Total Ending
No. Date Balance Payment Payment Payment Principal Interest Balance
57 10/1/07 3,122.52 792.05 - 792.05 773.83 18.21 2,348.69
58 11/1/07 2,348.69 792.05 - 792.05 778.35 13.70 1,570.34
59 12/1/07 1,570.34 792.05 - 792.05 782 89 9.16 787.45
60 1/1/08 787.45 792.05 - 787.45 782 86 4.59 0.00
SIPRES LOUNGE, INC.
Furniture and Equipment Inventory Listing
As of 12/30/02
Furniture:
36— Tables
2— Long Tables
2—Tall Tables
125—Chairs
24—Bar Stools
3 —High Back Stools
7— Bar Stools connected to Bar
6— Single Booths
5 — Double Booths
Equipment:
1 — Icemaker
1 —Beer Cooler
3 —Cash Registers
1 —Used Beer Cooler (in gazebo)
1 — Pool Table
1 —Deep Rock Water Cooler
Cameras and Monitors for Outside Parking Lot
2 —Clocks in Bar
1 — Stainless Steel Refrigerator
1 — Gas Range
1 — Cabinet(white)
1 — Microwave (small)
Miscellaneous:
50— Pop Glasses (plastic)
43 — Rocks Glasses
74 —Ashtrays
NON-COMPETE COVENANT $
LEASEHOLD IMPROVEMENTS S
BUSINESS TRADE NAME $
26. SELLER agrees and acknowledges that it is the SELLER'S responsibility to determine the
financial condition or credit worthiness of the PURCHASER and has been advised to seek
legal counsel in this determination and will do so to the extent of PURCHASER'S desires.
27. SELLER and PURCHASER are not represented by AGENT.
28.The invalidity of any provision of this agreement shall not hinder or impair the validity of
any of the provisions.
29. This agreement shall be construed and interpreted in accordance with the law of the State
of Colorado.
30. Upon acceptance of the offer by the SELLER, PURCHASER shall conduct a UCC-I
search to determine any recorded liens, except set forth herein that might be in existence
against the business or any of its assets.
ABOVE CONDITIONS ARE HEREBY APPROVED AND ACCEPTED:
THE UNDERSIGNED PURCHASER EXPRESSLY ACKNOWLEDGES FULLY
READING,AND UNDERSTANDING AND RECIEVING A TRUE COPY OF THIS
DOCUMENT.
PURCHA ER: ,, res Lounge, Inc. Sipres, President
SELLERS ACCEPTANCE
I (we)accept the foregoing offer and agree to sell the above described business and assets on the
terms and conditions of the foregoing Contract.
DATED AND ACCEPTED ON THIS day of 0.. 9n0ry
SELLER: Teodulo Varela, Inc. by Teodulo Varela, President
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