The URL can be used to link to this page

Browse Search

Home My WebLink About20030982.tiff FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF AMAIZEING FARM EVENTS, LLC, DBA AMAIZEING FARM EVENTS, FOR A TAVERN LIQUOR LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN - EXPIRES APRIL 28, 2004 The application of aMAIZEing Farm Events, LLC,dba aMAIZEing Farm Events, 1423 South Uinta Court, Denver,Colorado 80247,for a Tavern Liquor License, came on for hearing on the 21st day of April, 2003, at 9:00 a.m., and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced at said hearing, having considered the testimony,evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant has sustained the burden of proof as to the desires of the inhabitants. 2. The applicant is of good character and reputation. 3. The applicant has proven the reasonable requirements of the neighborhood. RESOLUTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS,the Board has considered the application of aMAIZEing Farm Events, LLC,dba aMAIZEing Farm Events, 1423 South Uinta Court, Denver, Colorado 80247, for a Tavern Liquor License, for the sale of malt, vinous, and spirituous liquors, for consumption by the drink on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of $500.00 for the hearing fee, in addition to the other required fees, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to approve said application for a Tavern License for aMAIZEing Farm Events, LLC, dba aMAIZEing Farm Events. 2003-0982 LC0050 PC / TAVERN LIQUOR LICENSE -AMAIZEING FARM EVENTS PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby grant License Number 2003-09 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, only at retail at said location; and the Board 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 April 28, 2004, 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. 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 21st day of April, A.D., 2003. BOARD OF COUNTY COMMISSIONERS WCOUNTY, COLORADO ATTEST: Lid / ��-_B'D avid E. Lon•, hair Weld County Clerk to the �': ��tyait�1♦� XCUSED f , — / ob`ertD asden, ' o-T• m ' Deputy Clerk to the Boar. ♦ ! __ . J. Geile APP V AS TO • V/\—ti William H. Jer nt t rney _A Glenn Vaad Date of signature: -5/7 2003-0982 LC0050 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402(02/99) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver,Colorado 80261 AMAIZEING FARM EVENTS LLC AMAIZEING FARM EVENTS 6728 WCR 3 1/4 ERIE CO 80516 ALCOHOL BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 41-02244-0000 03 206 722320 B 042903 APR 28, 2004 Type Name and Description of License Fee 2010 TAVERN LIQUOR LICENSE - $ 75.00 MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOTAL rEEISI $ 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. APR 3 02003 -tN- Division Director Executive Director THIS LICENSE EXPIRES APRIL 28 , 20 04 to FF 'L, { y'_ LICENSE FEE STATE OF ) % �. ,�. COLORADO COUNTY OF WELD BY AUTHORITY 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 SELL AT RETAIL Malt, Vinous and Spirituous LIQUOR SPECIFY KINDS OF LIQUORS Th g S to £ertifpf That aMAIZEing Farm Events, LLCM dba aMAIZEing Farm Events 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 00/100p ($ 75.00 J Dollars therefor,the above applicant is hereby licensed to sell Malt, Vinous, and Spirituous Liquors containing more than 3.2%Alcohol by weight by the drink for consumption on the,premises only (Insert"by the drink for consumption on the premises"or"in sealed containers NOT for consumption at place where sold.") as a Tavern at 6728 WCR 3.25_, Erie, CO 80516 in the County of Weld,fora period beginning on the 29th day of April ,20_03 _,and ending on the 28th day of April ,20 04__,unless this License is revoked sooner as provided by law. This License is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 47 of Title 12, Colorado Revised Statutes,as amended. IN TESTIMONY WHEREOF,The Board of County Commissioners has hereunto subscribed its name by its officers dul authorized this_21st_day of__ April i / .,2003 __. �� The Board of County Commissioners ATTEST: /��l/� v /� `• ° t �y l �� _-C 2�i _=3G e1G_ l/ It f, \,'' !� By s1> 6 Deputy Ckrk to the Board !:1• () f - ! Chairman,Board of County Co .sio 1 t ,,r nd / Qr I DR 8404 (06/02) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR DENVER CO 80261 OR 3.2% FERMENTED MALT BEVERAGE RETAIL LICENSE APPLICATION - CS NEW LICENSE ❑ TRANSFER OF OWNERSHIP ❑ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APQROPRIATE BOX(ES) • LOCAL LICENSE FEE $ c,O(5 • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE(Call 303.321.4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a ❑ Individual Esc Corporation J . Limited Liability Company L!4 Partnership (includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2._Name of Applicant(s) If partnership,list oartners'names(at least two);if corporation,name of corporation Fein( Number l'7 } ail))� LYIq ?arm Q112C)t� I LC) `'—o l 2 / 2a.Trada tda a of Establ(shmen (DBA) State Sales Tax No. Business Telephone -T� eLMA 1ZZELt I. m (✓ , Lit„, 1-1-1-0A),4-11-6000 3O3-b - WS 1 3. Address �of Premises ify exact location of premises) lv Ia.O -314- City • County State., ZIP Code 40(1 a V1�elc� LP 8050 4. Mailin Address (Number a d Street City r Town Stat ZIP Code 0±,93 .1c 5, 1 rt C t , UxA ar 0 0044-7 5. If the premises currently have a liquor or beer license,you MUST answer the following questions: Present Trade Name of Establishment(DBA) Present State License No. Present Class of License Present Expiration Date LIAB 'SECTION'A 4Nun efuffdable APPLICATION FEES ' LIAR SECTION D.. ' ' ." LIQUORILICENSE FEES 2300 I Application Fee for New License 900.00 1940 ❑Retail Liquor Store License(city) $227.50 2300 ❑ Application Fee-New License Concurrent Review.. 1000.00 1940 ❑Retail Liquor Store License(county) 312.50 2310 ❑ Application Fee for Transfer of Ownership 900.00 1950 ❑Liquor Licensed Drugstore (city) 227.50 "" SECTIONS '"" '12%BEER LICENSEFEES 1950 El Liquor Licensed Drugstore (county) 312.50 2121 ❑ Retail 3.2%Beer On Premises-(city) $96.25 1960 ❑Beer&Wine License (city) 351.25 2121 ❑ Retail 3.2%Beer On Premises-(county) 117.50 1960 ❑Beer&Wine License (county) 436.25 2122 ❑ Retail 3.2%Beer Off Premises- (city) 96.25 1970 ❑H & R License❑city❑county .. 500.00 2122 ❑ Retail 3.2%Beer Off Premises- (county) 117.50 1980 ❑H & R License w/opt Prem❑city❑county 500.00 2123 ❑ Retail 3.2%Beer On/Off Premises-(city) 96.25 1990 ❑Club License❑city❑county 308.75 2123 El Retail 3.2%Beer On/Off Premises-(county) 117.50 2010 g Tavern License❑city county 500.00 2020 ❑Arts License❑city❑county 308.75 SECTION C RELATED FEES AND PERMITS 2030 ❑Racetrack License❑city❑county 500.00 1985-100(999)❑Addition of related Facility Permits to existing 2040 ❑Optional Premises License❑city❑county 500.00 Resort Complex license $50.00 x Total Fee 1905 CIRetail Gaming Tavern Lic❑city❑county 500.00 2210-100(999)❑Retail Warehouse Storage Permit $100.00 1975 Cl Brew-Pub License 750.00 2220-100(999)❑Addition of Optional Premises to existing hotel/restaurant 1985 ❑Resort Complex License 500.00 $75.00 x Total Fee ❑H/R-Tavern Manager's Registration $75.00 DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION License Issued Through County City Industry Type License Account Number Liability Date (Expiration Date) FROM TO State City County Managers Reg -750(999) 2180-100(999) 2190-100(999) -750(999) Cash Fund New License Cash Fund Transfer lkenee TOTAL 2300-100 2310-100 (999) (999) A 2003-0982 ,utj5© DR8404(06/02)Page2 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. Applicant/Licensee identified. ❑ B. State sales tax license number listed or applied for at time of application. ❑ C. License type or other transaction identified. ❑ D. Return originals to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES ❑ A. No larger than 8 1/2"X 11". ❑ B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences,walls, etc.). ❑ C. Separate diagram for each floor(if multiple levels). ❑ D. Kitchen- identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ A. Deed in name of the Applicant ONLY(or) ❑ B. Lease in the name of the Applicant ONLY. ❑ 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) ❑ A. Certificate of Incorporation (and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. ❑ D. List of officers,directors and stockholders of parent corporation (designate 1 person as"principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) ❑ A. Partnership Agreement(general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(If Applicable) ❑ A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). ❑ B. Copy of operating agreement. ❑ C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT,TAVERN LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. ❑ B. Individual History Record (DR 8404-I). DR 8404(06/02)Page 3 6. Is the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stock- Yes No holders or directors if a corporation)or manager under the age of twenty-one years? ❑ 7. Has the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers, stockholders or directors if a corporation)or manager ever(in Colorado or any other state); (a) been denied an alcoholic beverage license? ❑ E. (b) had an alcoholic beverage license suspended dr-revoked? ❑ DA (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ❑ If you answered yes to 7a,b or c,explain in detail on a separate sheet. Ba. 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. ❑ �. 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year?If"yes,"explain in detail. 5 gl 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 5 El Colorado law,or the principal campus of any college,university or seminary? 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any ❑ Al current financial interest in said business including any loans to or from a licensee. 11. Does the Applicant,as listed on line 2 of this application,have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership,lease or other arrangement? ❑ ❑ Ownership ❑ Lease ❑ Other(Explain in Detail) a. If leased,list name of landlord and tenant,and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant`A �- Exgiires CA C1�c zc sn TN�t A tz r(`�{ ac�^(1 EUPn , u" Ark aoc7 Attach a diagram and outline the area to be licensed (including dimensions)which-thaws the bars,brewery,walls,partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11".(Doesn't have to be to scale) 12. Who,besides the owners listed in this application (including persons,firms,partnerships,corporations, limited liability companies), will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement,by which any person(including partnerships,corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales,giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. ❑ k 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. ❑ w1 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 ❑ g not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is ❑ �. operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club?(Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? ❑ (Copy of notice qr application must be attached) 17a. Name of Manager tj C-� Date_ of Birth g � (If this is an application for a Hotel,Restaurant or Tavern Lien 1e mana &53ust also submit an Individual History Record(DR 8404-I). 17b. Does this manager act as the manager of,or have a financial interest in,any other liquor Yes {Jo licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. ❑ ,@ 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, Yes No directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial interest ❑ �y in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? wl If yes,provide an explanation and include copies of any payment agreements. DR 8404(06/02)Page 4 19. If applicant is a corporation,partnership,association or a limited liability company,it is required to list by position all officers and directors, general partners,managing members,all stockholders,partners(including limited partners)and members who have a 10%or greater financial interest in the applicant.All persons listed here or by attachment must submit and attach a DR 8404-I(individual History Record) and provide fingerprint cards to their local licensing authority. NAME �' HOME ADDRESS,CITY&STATE BIR _ DATE OF F POSITION %OWNED varisi Pc �� _ 19.3 5, I. -nb et De.�nU2_f' Co 8°247 )4�"Tc. o 20. Has the Applicant provided,or does the applicant intend to provide their staff with server training. Yes No Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) ❑ Cert.of Auth.(if a foreign corp.) ❑PARTNERSHIP ❑ Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) ffLIMITED LIABILITY 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. Autho•' d Signature Title Date IT-6 il REPORT AND APPROVAL OF LOCAL LI ENSING AUTHORITY (CITY/COUNTY) Date application filed with local authority Date of local authority hearing(for new license applicants;cannot be less than 30 days from date of application 1247-311 (1))C.R.S. % " /6 -a0Z23 April 21, 2003 Each person required to file DR 8404-I: Yes No a.Has been fingerprinted 1 ID b.Background investigation and NCIC and CCIC check for outstanding warrants conducted c.The local authority has already conducted,or intends to conduct,a premise inspection to insure that the applicant is ® ❑ in compliance with,and aware of,liquor code provisions affecting their class of license. 04/09/03 If not,does the authority want the state to conduct'such an inspection. (dace 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,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions • Article 46 or 47,G.R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for *A EL 1-*- Telephone Number TOWN,CITY Wet o ._ (970)356-4000 X4200 ® COUNTY Signa v n '6•,/ \• D-vid E. Long, Chair, Weld Countpate r ,�.' .-rd,.of Commi sioners 04/21/2003 Sign (att / �,/ i T' ri. d r Date . irlwr ', e.. .tv Clerk to the Board 04/21/2003 If premises are located with a t`r tt approval should be signed by the mayor and clerk,if in a county,then by the chairman of the board of county commissioners a to the board. If,by ordinance or otherwise,the local licensing authority is some other official, then such approval should be given by such official. . I ,4v } -}- 0L. 1 y j• i .L �G:•1',10.• ( n nc6e I F' I . i +Jaw-rrTAu I C 1 asr-a ttr 1 _I —.j 01 --I--O J6 AI ►f,-fidbi'r= 1b1 I !!JIB na`wei• f) AS ,NW' I �;lOCit' _ Ir _n i1t,H 1 '�� O J .� DW 77 Y i Cl,•+'9 v1Ld 47'4*•^•7C I i t I "•Jaar..�'' 11%..!•11%..!••41:1I , I mitre 1, 1 �AC '�• • i r i i? 1,9Cx.••ar..r?a ;14,1-mil. , .:r.a+•' , 1 1 »•x+.._ - 1 \ I I) �� .,. 'maw `I: i 7 sawom, All it 9 ;w» r.:..... :.M,•:•14JA a•ll 077.+1,,:0.. I f 1Mt>t.LVHr9i? 4pr1IJJ • > y.ii • Iry AAti,}IO?,r .•?•1.,..,101.01.1IC • . '' .•+.at: 7Y„J9 ,C.4..4b a :a. Inq e .ii. • xAlr3r •G-9•• .wY7•? G^if- /r, • , ./.:,•48•01.04.0 I'•i..h.: I t, 'Is N:O*it••••••L ,0-a:.Q .Jr,•YN,O•9.0 AD•a.5 r 1 , Wu,.Wu,.MAW. iI Di. 9,7,7.1 1►.,O'Irf r rxa h(•7 01.b 110 J"AK•*Miami 004:P1 MY- l a►9077 t+st•c • Y.. ,,y+.]AVt 1b "Fia..' - • iJ_J� .1 I • • «4 •tc*J.•.IWM!N'1G 4 Weld County,Colorado wysiwyg://0/http://maps.merrick.com/website/weld/MapFrame.htm Weld County,Colorado ® ® m®. - Legend Mphlghtee_Feeture Satedetl Featmea County Bata City Lint �..� w - -wc xN ® sera ® r,uth= GardeaCwy Gres, El Game • / ; N f Ynuj r+F ; 1 i i rotir .a Wean El neiatir.. Ik aunt: oeaa :9;r "I(lOOtL 0 Ha Li Ram k\yam s.,em nomad Patty ❑ Otr.Section odd Phtltagrephy Mien Rat) Photography Crow Rea.) 131332000031 • DERSON JAMES E 22.11% OF 2/3 INT& otal Taxes: $4,030.76 /O GRANT&GRANT LLP mount Due: $4,030.76 I ONGMONT,CO 80504 1 of 1 04/01/2003 10:36 AM 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 C_MA17 E mt. - r c-tA Q.Vefk 11---e- 2.Your Full Name(Ia t first, middle) 3.List any other names you have used. 'kj`-^ _ ?p q c WA 4.M�g adddess(different-&nrh?ugly Home Telephone f4a3 5 • Lac Ct., , -Del-We-1'i CAj &O,ai7 303-491 k--(0(06b--1 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 4a3 3. L cc c CC st � � e-1) �c �-7 A•vg QG Pies€:a c-- Previous 6.,Date of Bi h Social Security Number(SSN) Place of Birth 7.U.S. Citizen? ' Loll mcsYt , Yes n No If Naturalized, state where 'When Name of District Court Naturalization Certificate Number Date of Certification If an Alien,Give Alien's Registration Card Number 'Permanent Residence Card Number 8.Height Weight Hair Color Eye Color Sex Race 9.Do you have a current Driver's License? If so,give number&state 5( �11 I \I"l k s F C 2/Yes ❑No / 10.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER 11.Have you ever applied for,held,or had an interest in a State of Colorado Liquor or B 96r License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee?If yes,answer in detail. O Yes ari No 12. Have you ever been convicted of a crime,or received a suspended sentence,deferred tence,or forfeited bail for any offense in criminal or military court or do you have any charges pending?(If yes,explain in detail.) Yes [No 13. Have you ever received a violation notice,suspension or revocation,for a l' or 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. [1 Yes 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 I TO C k.0. L lvo15 , �nLec(°� ' �.t°�t� Vei 3 1(O C& A t I-i.1 =asim &b t� S. b.A.. C 4'f, 1, A„ar,en 9ozi7 -p�°' / i 'r -f 9. " (rnc0luft_c s� 15.Financial Information. Total purchase price$ (if buying an existing business)OR list the totalArciount of your investment in the new business, including notes,loans.cash, services or equipment,and operating capital $ CV, OOO.0 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.) I Amount r - -t- ak,tm, c}eet- —t I�u. — cry' 37�3�(o0-a ' 479)61 Tri ti i---prt ' 7-133 `l`g5—„. 5-0 0.O • • 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. 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 ,�� M8s-n4 -4, ' / @J03 Holme Roberts &Owen LI,P =ifi� 2102 i b /A 9: le R'CC EI VETO NH_ ! January 13, 2003 Weld County Board of County Commissioners Liquor Enforcement Division 915 10th Street Greeley, CO 80631 Re: Application for Liquor License/ aMAIZEing farm events, LLC Robert H.Bach (303)866-0236 Ladies and Gentlemen: bachr@hm.com Peggy Shupe, Managing Partner of aMAIZEing farm events, LLC, has been a client for a number of years and we have worked with her on a Attorneys at Law professional basis on numerous business matters. Peggy is a hardworking and 1700 Lincoln Street productive member of the community. Based on all of my experiences with Suite 4100 Peggy in business transactions she is fair, honest and of good moral character. Denver Colorado 80203-4541 I would recommend her application for liquor license be approved. Tel(303)861-7000 Fax(303)866-0200 /35E) anum.hro.com V Denver Salt Lake City Boulder Colorado Springs Robert H. Bach London RHB:map #876937 vt right!SOIUtiOnS - January 10, 2003 Weld County Board of County Commissioners Liquor Enforcement Division Weld County Greeley,CO Re: Liquor License Application of Peggy Shupe-aMAIZEing farm events,LLC Dear County Commissioners: I have known Peggy Shupe for approximately 15 years in both personal and business relationships. I worked as a consultant for her when her company was new in 1993-1994 timeframe. In the year 2000, I purchased Peggy's company,then known as Shupe Consulting and now known as right! Solutions. I found that Peggy is a very experienced businessperson and due to her hard work, is greatly successful in all endeavors. The acquisition of the her business(in the high tech industry)was a great experience. She told me - everything that I needed to know in order to take over the company and manage it successfully. She was very honest in her representation of the company, and I found no surprises when I purchased the company. Peggy approaches whatever it is that she attempts with honesty,integrity and enthusiasm,which are the key to her success. Also,she cares deeply about her community and various charitable organizations. She gives selflessly of her time and energy,and recruits her friends and business associates to do the same. I feel that in issuing a liquor license to Peggy's new business, aMAIZEing farm events, it would be in the best interests of the Weld County community. Peggy is of high moral character and it is my opinion that she would monitor this responsibility with great care and follow all regulations to the letter. Please don't hesitate to call me or contact me at my address if you have any questions or concerns. S' rely, Dennis P.Bucher President&CEO right! Solutions 10065 E.Harvard Ave. Suite 202 Denver, CO 80247 AmeriVest riVe s t AMV- EX Properties Inc. A'" January 7, 2003 Weld County Board of County Commissioners Liquor Enforcement Division Re: Liquor License Application of Peggy Shupe/Amaizeing Farm Events, LLC Dear County Commissioners: I have known Peggy Shupe for more than two years. I served with Peggy on the Board of Directors of Urban Peak Housing Corporation, a nonprofit organization assisting Denver and Colorado Springs homeless youth with housing resources. I also participated in an ongoing Chamber of Commerce CEO Exchange group with Peggy when she owned a previous business. It is my opinion that Peggy has a strong moral character. She is actively involved in her community and a number of charitable organizations. In my experience, Peggy has always shown herself to be caring, considerate, ethical and fair. She is a smart and experienced businessperson with the drive and enthusiasm to get things done. I would recommend Peggy to hold a liquor license in connection with her business venture, Amaizeing Farms. I believe she would monitor all liquor sales and consumption on her premises, be cognizant of all laws and serve and manage this portion of her business in a responsible manner. Granting such a license would be in the best interests of Weld County and the Weld County business environment. If you have any questions regarding this letter, please do not hesitate to contact me at the address set forth below. Very truly yours, Charles K. Knight President 1780 South Bellaire Street, Suite 515, Denver, CO 80222 • (303) 297-1800 • (303) 296-7353 Fax OR 8404;t (06102) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RDA 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: ail 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. NOME: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 2.Y r Full Name(last,first)mid ) 3.List any other names you have used. cle -,( sour I / A i dome hone 4.Mailing address(if different from residence) elephone wee a8 q t t e_o 80501 303-'7'76-"6d g . 5.List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER . . ,CITY,STATE, ZIP j FROM TO Currentt --- LD-aryvnit Co $Ds--01- )11 7 -fivgjC Previous I 6.Date of Birth ISocial Security Number(SSN) Place of Birth 7.U.S.Citizen? Lahr C+ CC . 1 gales [j No J if Naturalized,state where When Name of District Court i Naturalization Certificate Number ! Date of Certification If an Alien,Give Alien's Registration Card Number f Permanent Residence Card Number 1 8.Height i Weight Hair Color Eye Color(Sex I Race 9.Do you have a current Driver's License?If so,give number&state C 'p • O O k ( f% l�i t (,tom' M ( Ues n No 10.List the name(s)of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD i NAME OF EMPLOYER - t jt 1 11.Have you ever applied for.held,or had an interest in a State of Colorado Liquor or B License,or loaned money,furniture or fixtures,equipment or inventory,to any liquor or beer licensee?if yes, answer in detail. Q Yes No • 12. Have you ever been convicted of a crime, or received a suspended sentence,deferred__seyrtence,ur forfeited bail for any offense in criminal or military court or do you have any charges pending?(if yes,explain in detail.) v Yes I W o 13.Have you ever received a violation notice,suspension or revocation,for a yquor law violation,dr have you applied for or been denied a liquor or beer license anywhere in the U.S.'?If yes,explain in detail. [,j Yes [ o U. List all current and former employers or businesses engaged in within the last five years(Attach separate sheet if necessary) I NAME OF EMPLOYER I ADDRESS(STREET,NUMBER,City,STATE;21P) POSITION HELD I, FROM I TO i II i 1 c�l�hl z�i n Fa i �v� �`� i µ� (`(2 5 t�� n�a at, eurtbLCt �bc,�dtaf i � I _ea. ' 4 �k ete r�.. 4 °S�4_ ea._1S T ca',-1 to " 4164_, (AIWA-- I jWre I ; 1 i _ '15. Financial information. Total purchase price$ _ (if buying an existing business)OR list the total amount of your investment in the new business, including notes,loans,cash,services or equipment,and operating 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 I Where Obtained{Savings,Checking,Account,etc.) 1 Amount m l eu.S e F ©t.JiJ {cputi I ,'Loan Information(attach copies of all notes or loans) _ Name of Lender Address i Term Security I Amount I i— I i 1 I )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. i I Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct,and complete to the best of my knowledge. uthorized Signature l Title \ Date Q01 , C- . .January24,2002 Weld County Board of County Commissions Liquor Enforcement Division Greeley,Colorado To Whom It May Concern: Please-consider this a letter of recommendation forJim.Anderson_in.his application for a. liquor license for his business,aMAIZEing farm events,LLC. We have known Jim and his family for over 20 years. We consider them to be very close friends. We have also been involved with their business since it's inception. Jim Anderson is well respected throughout the community. He is honest and loyal. He has served on many national,state and local committees including being a Board Member for the Longmont National Bank. He is one of those people who you know you can call on if you need help. He has always been there for us whenever we have needed his assistance. aMAIZEing farm evens,LLC, we believe,provides a valuable service to our community. The Anderson family has worked hard to establish this business to provide a rural setting for events. Events that are scheduled,in most cases, would be enhanced with the provision of alcoholic beverages. Weddings; class reunions,meetings are some of the numerous events scheduled. We are in total support of this application. Should you have any questions regarding our association with Jim and his family,please don't hesitate to contact us. Sincerely, 44:4, 4—,edoe.44.4..._ Linda.and Ted Lohman 6474 Weld County Rd. 26 Longmont, CO 80504 Home phone: 303-774-9934 Cell phone: 970-396-7499 Work phone(Linda): 303-682-7328 January 8, 2003 Weld County Board of County Commissioners Liquor Enforcement Division To Whom It May Concern: My name is Mark Qualls. I live at 2031 Weld County Road 28. I have been a resident of Weld County at this address since 1975. Jim Anderson was one of the first neighbors I met after moving here. I started farming in 1977 and I have done custom hay windrowing for Anderson Farms since about 1980. Over the years I have sold corn and hay to Jim. I have traded, borrowed from and loaned equipment to Jim. I've driven a truck for Jim during beet harvest and corn harvest in various years. I have worked with Jim in his shop on various farm projects. My son worked for Jim for 2 summers while in college. My youngest 2 girls have gone to school with Jim's daughters from the P' grade through high school and I have observed Jim to be a good parent with attendance at a number of school functions. In all my dealings with Jim, I have found him to be honest, conscientious and simply a good example of what a neighbor should be. I would recommend Jim Anderson and his company for a liquor license because I am positive that Jim would do whatever he needed to do to follow all the rules and regulations pertaining to a liquor license. I know that he has worked hard to develop his business and has put a lot of effort into having everything according to whatever codes and regulations govern every aspect of the entertainment and restaurant business and I • know that he would be just as conscientious in regards to a liquor license. Please feel free to contact me should you have any other questions where I can be of assistance. Yours truly, Mark Qualls 303.772.8007 (Home) 303.995.8007 (Mobile) 4311 Highway 66, Suite 4 Longmont, CO 80504 Office (970) 535-9318 Denver(303) 485-7838 .nnxa{ pa f m te t2 :g ,' 1�w r Y K $4 L f q N • Environmental Services, LLC January 24, 2003 Mr. David Long,Chairman Weld County Board of Commissioners P.O. Box 758 Greeley, CO 80632 RE: Character Reference for Liquor License Dear Chairman Long, - This'etteris to support the approval of a liquor license for Mr. James (Jim)Anderson and his business'operations, aMAIZEing Farm Events,LLC. ve know t Jim and his family for approximately 10 years as a friend,neighbor and a client. We have also conducted many farm related transactions as well as served on several boards°and committees together. He is an upstanding citizen and has demonstrated his involvement in the community through the dedication of his time and energy to civic and incluStryitlated organizations as well as his church. rt Jim,his family and his business, aMAIZEing Farm Events,LLC, are worthy of the responsibility of a liquor license and I personally vouch for Jim's character. If you need additional information or would like to discuss this issue with me personally, please call(970) 535-9318. Sincerely, Thomas Haren Owner,Environmental Consultant io77,10,11' F y ;fi�.' nvironmental Professionals ;�s�"�t .s_ � .�. ?��,. , ".: ,i,� c"aFxr a F+ COIN- may ►, • STATE ! t ' ' RADO • - 187 DEPARTMENT OF STATE CERTIFICATE I, DONETTA DAVIDSON, SECRETARY OF STATE OF THE STATE OF COLORADO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE AMAIZEING FARM EVENTS, LLC (COLORADO LIMITED LIABILITY COMPANY) • FILE # 20021058122 WAS FILED IN THIS OFFICE ON March 11, 2002 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: March 11, 2002 SECRETARY OF STATE • aMAIZEing farm events, LLC At Anderson Forms I c February 10,2003 Weld County Colorado-Office of Clerk to Board 915 10th Street Greeley, CO 80631 To Whom It May Concern: The General Warranty Deed is intended to represent the farm of 200 acres in the farm lease which is referenced in the operating agreement where aMAIZEing farm events, LLC has it's business. The address of this property is 6728 WCR 3-1/4,Erie, CO 80516 If you have any other questions,please call me at your convenience. Sincerely, Peggy Shupe Managing Partner Farm address: 6728 WCR 3-1/4, Erie, CO 80516 • Business address: 1423 South Uinta Court, Denver, CO 80247 Phone: 303-696-6659 ■ Fax: 303-745-4217 ■ Email: pshweQafe-Ik.com www.afe-Ik.com FARM LEASE 1. PARTIES. The parties to this FARM LEASE are JAMES E. ANDERSON,LNSSUR. and aMAITEing FARM EVENTS, LLC,a Colorado limited liability company, I.RSSFE. 2. LEASE OF FARM LAND AND LMPROVEMENTS. For and in consideration of the covenants and agreements of the parties contained in this Farm Lease,the Lessor hereby leases to the Lessee, the "Property" in Weld County, Colorado described on Exhibit A which is attached hereto and incorporated herein by this reference. The Property includes the real estate, all rights to the use of the surface of the real estate for any purpose, and water rights described in Exhibit A and all improvements. Lessor's interest in the Property is more particularly described in that certain Farm Lease dated June 23, 1988,a copy of which is attached hereto as Exhibit B. Lessor is retaining and may continue farming operations on alpioximately VDU acres of property adjacent to the leased Property. The Lessee expressly acknowledges that this Farm Lease conveys no interests or other rights in such retained property except as may specifically provided herein. 3. TERM. The term of this Lease shall begin effectivia April 1200? opt the date heicuf and extend to and including Det,cinbei 31March 31, 20062, unless terminated prior to that date as hereinafter provided. 4 OPTION TO EXTEND I,es.see may extend the term of this I e . e for two sileeessive periods of five years each (the"extended terms"), As follows First e. endert term— m vArtri ch 31. 2x11 { Second extended term-January Sary 1,2013 to Dezember 31,7,0 tai Lessee shall exercise the option_to extend,by giving written notice to I,es_sor not more than twenty four months nor less than twelve months before expiration of the then existing term F�ch extend te_rr s all n tt►e ame terms covenants, and conditions, with a nn ual f r each such %.extended term increased by oy._er the?nn +gal rent for the previou is term Pa en..t._nf alliidditional rent and other charges required to he made by the Lessee under this I ease for the initial ! term shall continue to he made during each of the extended terms The Lessee may nra extend this 1 Ease beyond the end extended term Any termination of this lease during the initial or any extendeil term shall terminateAll rights of any further extension hereunder 4-5. BASE RENT AND ADDITIONAL RENT. 4-15 1 BASE RENT. The base rent for the Property shall be $40,000 per year, which amount shall constitute Lessor's Capital Contribution to aMAIZEing Farm Events, LLC and so long as Lessor is a Member of such entity no cash payment shall be owed by Lessee. r'^"" IIPSnecvu.flcu a-nTEMPV4gRy 1 tOttam PUNIA4A44.9-S4-P101941-70A0-444-Pkei ;.E.pcace,et 445 2 ADDITFONAI.RFI+T. Lessee will also: a. Pay all charges for utilities used on or furnished to the leased premises during the term of this Lease. b. Maintain, or cause to be maintained comprehensive general liability insurance with limits of liability of not less than$21,000,000.00 per occurrence for injury to persons including death resulting therefrom,and$1,000,000.00 per occurrence for damage to the property of others. Lessee shall also provide physical damage insurance coverage on the true buildings ideutifcd as used us the shop,machine shed and cattle opciations and in the "Leasi.e's hare, Custody and Co ntrol",1 ase olct impromements in an amount sufficient to 3 replace said buildings in event of normally insurable events. Lessee shall also obtain or require Lessees site manager to maintain renters insurance in relation to Lessees occupancy of the existing house on the Property. Any and all insurance policies required under this Farm Lease shall name the following as additional insureds: James E. Anderson; Louise Anderson, individually and as Personal • Representative of the Estate of Edwin Anderson; the First National Bank of Longmont, a National Banking Association, as Trustee of the Edwin Anderson Family Trust; Josephine Anderson; and Barbara Foos(the"Property Owners"). c. Pay all costs of farming the Property, including normal repair and maintenance. "1-6- LESSEE'S USE OF PROPERTY, The Lessee may use and occupy the Property for all lawful activities relating to Lessee's business, including but not limited to, the planting of a corn field maze, haunted hay rides, planting of pumpkins and hosting of events and gatherings. Lessee shall not use or occupy nor permit the Property, or any part thereof, to be used or occupied for any unlawful business, use or purpose, nor for any business, use, or purpose deemed extra-hazardous or which would void or make voidable any insurance coverage.b3 either of the Parties, nor for any purpose or in any matter which in violation of any present or , future governmental laws or regulations. It shall be Lessee's sole and exclusive responsibility to meet all fire and safety regulations of any governmental entity having jurisdiction over the Property at Lessee's sole expense. Lessee shall not allow any odors, fumes, or any noise which would cause disruption of normal activities on adjacent properties, The Lessee shall indemnify the Lessor and the Property Owners against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, .penalties, claims, and demands, including reasonable attorneys' fees arising out of any violation or default in this covenant by Lessee. Lessee shall obtain a prior written approval of Lessor for any use that is not in accordance with the terms of this paragraph. {rm c-itort aw rellt.14-11TFIAPV.FliPM 2 i 6.FARM MANAGEMENT. Subject to the Parties' mutual resc,iSiots of this paiagrapll, Lessee shall engage Lessor to 111.1.1146e the farm related opciatiuns on the Pioperty. Pursuant tothis-arrangenietxt, Lessor shall oveuce the planting-and management of agricultural activities oil the Ptop.ity as well as Lessor's retained adjacent propel ty. Lessee shall be responsible for all e,1/4petascs relating to the planting, iim.intc.r,aiicc, harvesting, and all other farming capcixscs lelatitlg to the property, including but not limited to, seed, fettiliai, cheaticals, nrac.hinciy use, and labor_ Lcssoi shall also be respo►t;iblc for sale of any crop harvested hum the Property and shall forward all proceeds of such sale to Lessee. Pumpkins grown on the Ptopc:rty shall be lexated Grit approximately twtuty acts and shall be iotated on art anll»l bass. Lessee shall spay all expenses treelating to the phutting, irtai1ltLilatn-e, halyestiii'6', ete. of JUl.li 1,100. Lessee Shall be caUtk4 to hal VWt and sell the pumpkin crop as it-secs fit. ROADS AND IMPRO1'ENIENTS. 7.1 ROADS. Lessee's use of the Property shall include reasonable use of all existing roads located on the Property and on Lessor's adjacent retained property. Any improvements made to such roads shall be the sole responsibility of Lessee and shall not be made without Lessor's prior written approval. In addition to use of the existing roadways, Lessee is entitled to construct new roadways within the cornfields on the Property for use as a haunted hay ride provided, however,that the location and construction of such roads must be approved by Lessor, which consent shall not he unreasonably withheld 7.2 PARKING. Lessee may use the existing gravel parking lot located on the Property on a year round basis in relation to its use of the Property pursuant to this Lease. In addition, Lessee may utilize the adjoining hay field for parking during harvest tests, September l' to October 31'`, and for its corn maze operations provided that weather conditions permit use of that ground without extraordinary wear and tear. In the event that Lessees use of such ground causes extraordinary or abnormal wear and tear, Lessee shall repair such damage and reseed the affected property as needed.. Lessor, at Lessor's discretion, may perform such repairs and reseeding as Lessor deems appropriate, and Lessee shall reimburse Lessor for the reasonable cost I of such repairs and reseeding upon receipt of Lessor's invoice for such work. 8. ENVIRONMENTAL MATTERS. 8.1 ORT.ICATTON 1C)INDEMNIFY, DEFEND AND HOLD HARMLESS. a. Lessee, its successors and assigns agree to indemnify, defend, reimburse and hold harmless the Lessor from and against any and all environmental damages arising from activities of Lessee or its employees, agents, or invitees which (a) result in the presence of "Hazardous Materials" upon, about or beneath the leased premises or migrating to or from the leased premises, or (b) result in the violation of any environmental laws or regulations C.t[+orull6-flPEGG`n.LOCl,i 6-SI Elech-Koala 3 nR an,2, .a Pu9e„ r+ s tt �aert�;,se:�r,� pertaining to the leased premises and the activities thereon_ b. This obligation shall include, but not be limited to, the burden and expenses of defending all claims, suits and administrative proceedings, (with counsel reasonably approved by the indemnified parties), and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments, penalties or other sums due against such indemnified persons. Lessee,at its sole expense, may employ additional counsel of its choice to associate with counsel representing Lessor. c. Lessee shall not be liable for any environmental damages (as that term is used in this Lease) resulting from the activities of persons or entities other than Lessee ("other parties"), its employees, agents or invitees. Lessor agrees to indemnify, defend, reimburse and hold harmless the Lessee, its successors and assigns from and against any loss, expense or damage resulting from environmental damages, or allegations thereof, caused by "other parties." d. The obligations of Lessee in this section shall survive the expiration of termination of this Lease. 8.2 NOTlr'ICATION. Lessee shall notify Lessor in writing if Lessee becomes aware of or receives notice or other communication concerning any actual, alleged, suspected or threatened violation of environmental laws or regulations, or liability of Lessee or others for environmental damages in connection with the leased premises or past or present activities of any person thereon, or that any representation set forth in this Agreement is not or is no longer accurate. 8.3 NEGATIVE COVPNANTS. a. No H;,�arrlrnn Malt�:tiai On Pi�,c�i Exe.ept iri strict compliance--with-ail Luv]i0]iiSlGaltdl laws and legulatiolls, Lessee shall 11ot cause or permit airy hazardous illa.tcriaI to U. brought upulf, treated, kept, stored, disposed of, discharged, fcleased, produced, 11tanufaetuicd, generated, refued or used upon, about or beneath the leased premises of any IJCJft D1i tliereof 1rr Lessee, its agents, eincil�ees, I.Oiltfacturs, ttfraiits oI nivitc>ra, Or any other peisoil without prior wriitcnl e,uii,citt of Lcsvfs. ['on the phi pose of this nee,tiuu, llaLaidalus ittateeial means any substaJ e which is oc becomes defined as a hazardous-materi 1ca2artloth vvaztc, ltd aidvus uImtzun,C, itgulatcd sulJsta]iCt.., pvllutaltt a I.outaU infant U kdcf any fc,deial, state of local snitute, regulation, Jule,ocd;► or ordinance of amendments thereto; or thepresence of which on the leased Property causes or threatens to cause a nuisance upon the Propt:ity of to adjac.,eut pmpi.ities or posses of U eaten to pose a hazard to thetiettiecfr safety of pttsulis uiI of atxmit the fc,c.lUrteS inVe,stigntitni or tcnicllfutluit tifidt.1 arty fiNittat, Mate-ur luGd1 Statute, icgnlcIttan, rule, order or ordinaile,L of aritefiduleut, thereto. Waste or Nuisance Jessee_.shall not commit or permit_tbe commission by others of any waste on the Property maintain commit, or permit the maintenance or commission cif any nuisance as Mined in any stature code. rule or other regulation governing activities on the Property or use or permit the use of the Property for any unlawful purpose rnriiuF-�w�trr rrAI A-a\YFxrr nntl 4 h Insurance Hazards I.escee shall not commit CM"permit the commission of any acts on the.P_roper_ty nor use or permit its iise in_s3 _manner at_wil increase e existing rates for or cause the cancellation of any fire, liability,or other insruranrz policy insuring the Property or the improvements on it_ Lessee, shall At�is nsse, c_• m y ��i h a1T requirements of Lessor's insurance carriers necessary for the continued maintenance at_reasonable rates of rea arable polici s of lire and liability iusura on_the Property_ ire_ No Violations of l-:;nvirnnmental Requirements. Lessee shall not cause, permit or suffer the existence or the commission by Lessee, its agents, employees, contractors, or invitees, or by any other person of a violation of any environmental laws or regulations upon, about or beneath the leased premises or any portion thereof 9. LESSOR'S COSTS. Lessor shall pay all real property taxes, fire and other hazard insurance on the property of Lessor; assessments on water and water rights, ditches and ditch rights owned by Lessor; costs related to the preservation or enhancement of Lessor's property, including costs incurred by the Lessor for planning, le•al, tax and other consulting, development, etc; and all environmental related costs other than those for which the Lessee is liable pursuant to the provisions of Paragraph 8 and all other costs related to the ownership the property. Examples: Structural work, new roof(roof replacement), construction, removal or replacement and repair of concrete ditches, pipelines,irrigation structures (unless damage caused by Lessee)and the like. - W. MUTUAL COVENANTS AND AGREEMENTS. The parties mutually agree: 10,1 RICI-IT OF POSSFSSTON. That the Lessee shall have the right of possession of the leased premises subject to Lessors' right of inspection. 10.2 RICrT-ITS RESERVED BY LESSORS That,i0 the extent Lessor possesses this lien. the right to negotiate for and enter into agreements relating to the exploration for and development or oil, gas, sand, gravel-and other minerals and hydrocarbons in, on and under the leased property, easements and/or rights-of-way, and sale of all or a portion of the Property is expressly reserved by the Lessors; provided, however, that to the extent that such agreements will impair Lessee's use of the Property Lessor must obtain Lessee's priotiwritten consent` 10.3 ASSTCTNMFNT AND SI TRLFTTINCi. The Lessee shall have the right to assign or sublet this Lease or any interest herein, or transfer this Lease to a descendent, corporation, limited partnership, partnership, limited liability company or other similar entity without Lessors' prior written consent, provided however that the making of any such sublease, assignment or transfer shall not release Lessee from, or otherwise affect in any manner, any of Lessee's obligations to Lessors hereunder. 10,4 RIGHT TO INSPFCT. Lessors shall have the right in their sole and absolute discretion, but not the duty,to enter and conduct an inspection of the leased premises at any reasonable time to determine whether Lessee is complying with the terms of this Lease. OVYxY,uF-.IwFcgtry 5 LE 3L-fei 10.5 SAT F OR DFVFLOPMRN OF TIII PREMISES. This Lease shall survive the sale or development of all or a portion of the Property unless Lessee agrees - to relinquish the Lease in whole or in part. 10.6 REPAIR RFPI,AC:PMETT AND CONSTRUCTION OF IMPROVRMF,IVTTS. Lessee shall have the right to make (at Lessee's expense unless otherwise agreed in writing) such alterations,improvements, and changes to any building which may from time to time be on the premises of Lessee may deem necessary, or to replace any such building with a new one of at least equal value. However, if any improvements existing on the date of this Lease is damaged by fire or other hazard,the Lessors agree to apply insurance proceeds received to the repair or replacement of such improvement or, with Lessee's approval, pay Lessee that portion or all of such proceeds necessary to reimburse Lessee for the loss of use of such improvements. 10.7 OWNFRSFITP OF RI ITT.DTNGS AND IMPROVEMENTS, The Lessee shall be the owner of all buildings or improvements, constructed or installed on the leased premises by Lessee during the term of this Lease. On termination of this Lease, Lessor shall become the owner of all of such buildings or improvements which are not removed by Lessee within six months after termination_or.which cannot otherwise he removers without cruhstantial jiaro ge to the Property. 10.8 INTEREST ON PAST DUE OBLIGATIONS, Any amount due to Landlord not paid when due shall bear interest at fifteen percent per annum, simple interest, from due date until paid. Payment of such interest shall not excuse or cure any default by Tenant under this Lease. 10.9 INDEMNITY. Except for claims arising out sif acts caused_by the affirmative negligence of Lessor or the Property Owners I essee shall indemnify and hold harmless the Lessor and the Property Owners from and against all liabilities, penalties, damages, judgments, and expenses, including reasonable attorney's fees incurred by Lessor or Property Owners in defending or satisfying any claim of any type or nature, including personal injury claims or property damage claims arising out of the use,occupancy or control of the Property or any of it appurtenances by Lessee. T cnr repre_ nts and � a ntti ihht hr hat th�,�t• f tca {cam t ►e ern , and wit indemnif; and hold harmless the T essee against all liabilities, penalties, damages, and expense, lading reasonable attorneys. fees �rtehy I P6ce in defending nr satisfy( ng ony claim made against I.essee for possession of the.Tnapert4 and further_agreesJsuirfend { I ssee's possession against all 11. DEFAULT BY LESSEE. 11.1 ACTS OF DEFAT 7l,T. Each of thc following shall be deemed a default by the Lessee and a material breach of this Lease: (i) failure to make payment of any rent or other amount payable hereunder by the Lessee when due; (ii) failure to do, observe, keep and perform any of the terms, covenants, conditions, agreements and provisions in this Lease to be done, r.rri U E-iwcrr;ry ara R-1 T P-FRM 6 APIA cvtxra LLCM-AMA LAoe7See observed, kept and performed by the Lessee including failure to pay any amounts due as base rent or additional rent, or(iii)the abandonment of the premises. 11.2 REMEDIES In the event of any such default, Lessor may, at its option and at any time after the expiration of ninety days following the delivery to the Lessee of a written notice specifying the default or defaults by the Lessee then existing hereunder: re-enter and take possession of the leased premises, remove the Lessee's property therefrom, relet the leased premises or any part thereof on such terms, conditions and rentals as the Lessor may deem proper, and, at Lessors' option, either terminate and cancel this lease, or apply the proceeds that may be obtained from said reletting, after deduction of costs and expenses; to the rent reserved under this Lease, and hold the Lessee liable for any balance of rent or additional rent reserved hereunder which may remain unsatisfied and unpaid. The remedies hereinabove set forth shall be in addition to any other remedy in law or equity available to the Lessor. 11.3 LESSHb' HAli1111 Y' The parties agree and understand that it is the object and purpose of the provisions of this paragraph that the Lessor shall be kept whole and shall suffer no damage by way of nonpayment of rent, or by way of diminution in rent, or by way of nonperformance of obligations or nonpayment of amounts payable as additional rent. Therefore, the Lessee shall remain liable for all required payments and performance hereunder, less the proceeds of reletting (after deduction of costs and expenses)to the end of the then existing term unless released, in writing, by the Lessor. The Lessee shall be responsible in damages to the Lessor for the cost of any action filed by the Lessor to enforce any of the provisions of this Lease, such cost to include expert witness fees and investigation costs, Reasonable attorney's fees shall be awarded to Lessor in any action to recover rent; otherwise such reasonable attorney's fees shall be awarded to the prevailing party. 12. NOTICES. Any notice, report or demand required or permitted by any provisions of this lease shall be in writing and shall be deemed to have been sufficiently given or served for all purposes if sent by certified mail, postage and certification charges prepaid, to the addresses of the parties as shown on the signature page hereof, or at such other address as may be given in writing by either party to the other during the term of this Lease. In any event, notice mailed to the Lessee at the address of the leased premises shall be deemed sufficient. Notice may also be given by personal service upon Lessee or by facsimile transmission, 13. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association,and judgment upon the award rendered by the Arbitrator(s) may be entered in any Court having jurisdiction thereof. 14. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 15. ATTORNEYS' FEES. If any party breaches this Agreement, the breaching party shall pay rl•Ino' iYF-,wFrnw rsr.,u s--»ems.-FA 7 !War>121 PVIVW1/749 zar+sft.P11+8'¢w� all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceedings are instituted. 16. BINDING EFFECT. This Agreement shall inure to the benefit of,and be binding upon,the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. 17. GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 18. SEVERABILITY. If any provision of this Agreement is declared by tan arbitrator] fan arta'ator or coat of con,petc-in jaris$=ctio,t] [a court of cumpacut jaiisdiciionj to be invalid,void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. DA III): [STGxNAT-1 JRF.S APPEAR CKTHE POT JiMalsiaPACTE4 r•fICY1 a-1(t -FAR 8 ABED LESSOR; LESSEE a.MATZFing Farm Events, Ti A Colorado limited liability company ratBy Tame- 4 its• 4t • of this property by Lessor to Lessee- ` LCZIUJSE AN1)F_RSON inriivitlry+ily _an& as Personal Representative of the Rclwin Anderson-I Fctatc THE FIRST NATIONAL RANK OF Trustee fly TITLE Josephine And lessor Rarhara Fons Lessor I r 111410.4t2FarreV rrw fi-OuxIAw.PAali 9 LECIDM‘Ct TIMP MCM.1artr_trr0r*w[VCMBtttx?,absLCAUC:Q00. EXIBIIT A [INSERT MAP ANT)DESCRIPTION OF PROPERTY/WVATER RIGHT'; Cann IAW 1 rxaw[rid s- 403 n-F.eet 1 o EXHTSJT B • (WW1 liPPC.OVL CCM.!....iffnarlapiti4 11 I • EXHIBIT B FARM LEASE 1. PARTIES. The parties to this FARM LEASE are LOUISE ANDERSON, individually, and as PERSONAL REPRESENTATIVE OF THE EDWIN ANDERSON ESTATE, THE FIRST NATIONAL BANK OF LONGMONT, a national banking association, as TRIJS.[".t,E. 'OF TICE EDWIN ANDERSON FAMILY TRUST, JOSEPHINE ANDERSON, and BARBARA FOOS; LESSORS;and JAMES E.ANDERSON,L.E►SE. 2. LEASE OF FARM LAND AND XMPROVEMENTS. For and in consideration of the covenants and agreements of the parties contained in this Farm Lease, the Lessors hereby lease to the Lessee, the "Property" in Weld County, Colorado described on Exhibit A which is attached hereto and incorporated herein for all purposes. The Property includes the real estate, all rights to the use of the surface of the real estate for any purpose, and water rights described in Exhibit A and all improvements. 3. TERM. The term of this Lease shall begin on the date hereof and extend to and including December 31, 2018, unless terminated prior to that date as hereinafter provided. 4. BASE RENT AND ADDITIONAL RENT. 4.1 BASE RENT. The base rent for the Property shall be $60.00 per net farmable acre determined by ASCS measurements payable in arrears on or before December 15 of each year: 4.2 On January 1,2000, and similarly on January 1, 2005, January 1, 2010 and January 1, 2015, the base rent shall be adjusted to an amount agreed upon in writing by the parties on or before October 1st of the preceding year. If the parties cannot agree, the base rent shall be established by arbitration as provided in paragraph 11. 4.3 ADDITIONAL RENT. Lessee will also: a. . Pay all charges for utilities used on or furnished to the leased premises during the term of this Lease. b. Maintain, or cause to be maintained comprehensive general liability insurance with limits of liability of not less than $500,000.00 per occurrence for injury to persons including death resulting therefrom,and$500,000.00 per occurrence for damage to the property of others. Lessee shall also provide physical damage insurance coverage on the three buildings identified as used as his shop, machine shed and cattle operations and in the "Lessee's Care, Custody and Control", in an amount sufficient to replace said buildings in event of normally insurable events. c. Pay all costs of farming the property, including normal repair and mai. auce. MpiRvi tizA Lou.sef! Ftco0C 1 66ltT166 It-06 AM-TOM ICITIELEY 5. ENVIRONMENTAL MA ri'ERS. 5.1 OBLIGATI°NT_ n M ley,DEFEND ,�I'D HOLD H.4RMLE . a. Lessee, its successors and assigns agree to indemnify, defend, reimburse and hold harmless the Lessors from and against any and all environmental damages arising from activities of Lessee or its employees, agents, or invitees which (a) result in the presence of "Hazardous Materials" upon, about or beneath the leased premises or migrating to or fiuuu the leased premises, or (b) result in the violation of any environmental laws or regulations pertaining to the leased premises and the activities thereon. b. This obligation shall include, but not be limited to, the burden and expenses of defending all claims, suits and administrative proceedings, (with counsel reasonably approved by the indemnified parties), and conducting all negotiations of any description, and paying and discharging, when and as the same become due, any and all judgments. penalties or other sums due against such indemnified persons. Lessee, at its sole expense, may employ additional counsel of its choice to associate with counsel representing Lessors. c. Lessee shall not be liable for any environmental damages (as that term is used in this Lease) resulting from the activities of persons or entities other than Lessee ("other parties"), its employees, agents or invitees. Lessors agree to indemnify, defend, reimburse and hold harmless the Lessee, its successors and assigns from and against any loss, expense or damage resulting from environmental damages, or allegations thereof, caused by"other parties." d. The obligations of Lessee in this section shall survive the expiration of termination of this Lease. 5.2 NOTIFICATION. Lessee shall notify Lessors in writing if Lessee becomes aware of or receives notice or other communication concerning any actual, alleged, suspected or threatened violation of environmental laws or regulations, or liability of Lessee or others for environmental damages in connection with the leased premises or past or present activities of any person thereon, or that any representation set forth in this Agreement is not or is no longer accurate. 5.3 NEGATIVE COVENANTS. a. No Hazardous Material on Premises. Except in strict compliance with all environmental laws and regulations, Lessee shall not cause or permit any hazardous material to be brought upon, treated, kept, stored, disposed of, discharged, released, produced, manufactured, generated, refined or used upon, about or beneath the leased premises or any portion thereof by Lessee, its agents, employees, contractors, tenants or invitees, or any other person without prior written consent of Lessors. For the purpose of WilvERt VpATACitENTSMVA'UE.NAJ{M-LH3g FM„COC 2 00.17:L!11.05 Ail-TOM R.XITCLE:' ti this section, hazardous material means any substance which is CT becomes defined as a hazardous material,hazardous waste, }uayardous substance, regulated substance,pollutant or contaminant under any federal, state or local statute, regulation, rule, order or ordinance or amendments thereto; or the presence of which on the leased Property causes or threatens to cause a nuisance upon the Property or to adjacent properties or posses or threatens to pose a hazard to the health or safety of persons on or about the leased Property or requires investigation or remediation under any federal, state or local statute, regulation, rule, order or ordinance or amendments thereto. b. No Violations of Environmental Requirements. Lessee shall not cause, permit or suffer the existence or the commission by Lessee, its agents, employees, contractors, or invitees, or by any other person of a violation of any environmental laws or regulations upon,about or beneath the leased premises or any portion thereof. 6. LESSORS' COSTS. Lessor shall pay all real property taxes, fire and other hazard insurance on the property of Lessors, assessments on water and water rights, ditches and ditch rights owned by Lessors; costs related to the preservation or enhancement of Lessors' property, including costs incurred by the Lessors for planning, legal, tax and other consulting, development, etc; and all environmental related costs other than those for which the Lessee is liable pursuant to the provisions of paragraph 5 and all other costs related to the ownership the property. Examples: Structural work, new roof(roof replacement), construction, removal or replacement and repair of concrete ditches,pipelines,irrigation structures (unless damage caused by Lessee)and the like. 7. MANAGEMENT OF LESSORS' PROPERTY. Subject to a recission of this paragraph by a majority of the Lessors, the Lessee shall also manage the property for Lessor pursuant to Lessors' instructions, with relation to such matters as negotiating with oil and gas leases; utility companies; municipal, county and state jurisdictions; and shall represent the Lessor with respect to land use, development and Other matters which might af₹ect the property, with the restriction that all such matters shall be approved by the Lessor prior to execution of any contracts. As compensation for Lessee's management,the Lessee shall be entitled to 10 percent of any fees, farm rent, damages, sales proceeds or other funds received by Lessors. Lessors further agree to pay Lessee's costs related to Lessee's management of the property, including travel costs, telephone charges, etc., provided however that Lessee shall not be entitled to compensation for time devoted to management of the property other than by way of percentage of revenues received as hereinabove provided. &. MUTUAL COVENANTS AND AGREEMENTS. The parties mutually agree, 8.1 BIGHT OF POSSFSSION. That the Lessee shall have the right of possession of the leased premises subject to Lessors'right of inspection. 8.2 RIGHTS RESERVED BY LBSSQBS. That the right to negotiate for and enter into agreements relating to the exploration for and development or oil, gas, sand, gravel and other minerals and hydrocarbons in, on and under the leased property, casements and/or rights-of-way, and sale of all or a portion of the Property is expressly reserved by the mt[ tuDATMCLNIINTSWAHIMPWARm-LIADE PNL.00G 3 00r,rmd 11 Vs ur-TOM R Krrt Lessors. 8.3 ASSIGNMENT AND SOLI~TZJNG. The Lessee shall have the right to assign or sublet this Lease or any interest herein, or transfer this Lease to a descendent, corporation, limited partnership, partnership, limited liability company or other similar entity without Lessors' prior written consent, provided however that the making of any such sublease, assignment or transfer shall not release Lessee from, or otherwise affect in any rw mer, any of Lessee's obligations to Lessors hereunder. 8.4 RIGHT TO _INSPECT. Lessors shall have the right in their sole and absolute discretion,but not the duty, to enter and conduct an inspection of the leased premises at any reasonable time to determine whether Lessee is complying with the terms of this Lease. 8.5 SALT OR DEVELOPMENTDFPORTIONS OF T_NF PREMISE~. This Lease shall survive the sale or development of all or a portion of the Property unless Lessee agrees to relinquish the Lease in whole or in part. 8.6 R IE___REPLACEMENT A3y'D CONSTRU ON OF I ROVEMENTS. Lessee shall have the right to make (at Lessee's expense unless otherwise agreed in writing) such alterations, improvements, and changes to any building which may from time to time be on the premises of Lessee may deem necessary, or to replace any such building with a new one of at least equal value. However, if any improvements existing on the date of this Lease is damaged by fire or other hazard, the Lessors agree to apply insurance proceeds received to the repair or replacement of such improvement or, with Lessee's approval, pay Lessee that portion or all of such proceeds necessary to reimburse Lessee for the loss of use of such improvements. 8.7 OWNERSHIP F BIILD�NGS AND OVEt�1ENTS. The Lessee shall be the owner of all buildings or improvements, constructed or installed on the leased premises by Lessee during the term of this Lease. On termination of this Lease,Lessor shall become the owner of all of such buildings or improvements which are not removed by Lessee within six months after termination. 8.8 INTEREST ON PAST D OBLIGATIONS. Any amount due to Landlord not paid when due shall bear interest at fifteen percent per annum, simple interest, from due date until paid. Payment of such interest shall not excuse or cure any default by Tenant under this Lease. 9. DEFAULT BY LESSEE. 9.1 ACTS OF DEFAULT. Each of the following shall be deemed a default by the Lessee and a material breach of this Lease: (i)failure to make payment of any rent or other amount payable hereunder by the Lessee when due; (ii) failure to do, observe, keep and perform any of the terms, covenants, conditions,agreements and provisions in this Lease to be done, observed, kept and performed by the Lessee including failure to pay any amounts due as base rent or additional rent; or(iii)the abandonment of the premises. ,aapasprnamla ucasaaiNeep~a.LWEmasoc 4 ON7)IVmrl�i AM=mma camue .w+ ;fir,,. 92 REMEDIES. In the event of any such default, Lessor may, at its option and at any time after the expiration of ninety days following the delivery to the Lessee of a written notice specifying the default or defaults by the Lessee then existing hereunder re-enter and take possession of the leased puusnises, remove the Lessee's property therefrom, relet the leased premises or any part thereof on such terms,conditions and rentals as the Lessor may deem proper, and, at Lessors' option, either terminate and cancel this lease, or apply the proceeds that may be obtained from said reletting, after deduction of costs and expenses, to the rent reserved under this Lease, and hold the Lessee liable for any balance of rent or additional rent reserved hereunder which may remain unsatisfied and unpaid. The remedies hereinabove set forth shall,be in addition to any other remedy in law or equity available to the Lessor. 9.3 LESSEE LIABILITY. The parties agree and understand that it is the object and purpose of the provisions of this paragraph that the Lessor shall be kept whole and shall suffer no damage by way of nonpayment of rent, or by way of diminution in rent,or by way of nonperformance of obligations or nonpayment of amounts payable as additional rent. Therefore, the Lessee shall remain liable for all required payments and performance hereunder, less the proceeds of reletting (after deduction of costs and expenses) to the end of the then existing term unless released, in writing, by the Lessor. The Lessee shall be responsible in damages to the Lessor for the cost of any action filed by the Lessor to enforce any of the provisions of this Lease, such cost to include expert witness fees and investigation costs. Reasonable attorney's fees shall be awarded to Lessor in any action to recover rent; otherwise such reasonable attorney's fees shall be awarded to the prevailing party. 10. NOTICES. Any notice, report or demand required or permitted by any provisions of this lease shall be in writing and shall be deemed to have been sufficiently given or served for all purposes if sent by certified Mail, postage and certification charges prepaid, to the addresses of the parties as shown on the signature page hereof, or at such other address as may be given in writing by either party to the other during the teen of this Lease. In any event, notice mailed to the Lessee at the address of the leased pi nnises shall be deemed sufficient. Notice may also be given by personal service upon Lessee or by facsimile transmission. 11. - ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrators)may be entered in any Court having jurisdiction thereof. 12. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understzmdizngs. This Agreement may be amended only by an instrument in writing signed by the parties. 13. ATTORNEYS' FEES. If any party breaches this Agreement,the breaching party shall pay all of the non-breaching party's reasonable attorneys' fees and costs in enforcing this Agreement whether or not legal proceedings are instituted. esteem MATNe IAVOID VARA/-LEASX fMLDOC 5 00'11/16 1 5 96 AM.IOU R IQTS.[Y 14. BINDING EFFECT. This Agreement shell inure to the benefit of, and be binding upon, the parties, and their respective legal representatives, successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement. 15 GOVERNING LAW. This Agreement shall be governed by the laws of Colorado. 16. SEVERABILITY. If any provision of this Agreement is declared by [an arbitrator] [an arbitrator or court of competent jurisdiction] [a court of competent jurisdiction] to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. DAthD: ' 3 t44P` E. . ` DERSON,Lessee LOUISE ANDERSON, individually and as Personal Representative of the Edwin Anderson Estate, Lessor THE FIRST NATIONAL 1 A.NK OF LONGMONT, er' a national bank]elation, Trustee, Lessor l ophi e Anderson Lessor 16,1 4 :<i- _ -777 Barbara Foos Lessor veteme r.oA:Ac..!e'4mA 1...Leme PYLoc 6 6dZ3Ki 4 it AM-TON R RR0.EY STATE OF COLORADO ) )s COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this,i3 day of , 1998, by LOUISE ANDERSON individually and as Personal Representative of the win Anderson Estate; Lessor Witness my hand and official seal. o �� My commission expires: tt isy______ •....,/,.._. ' , . . Y Public : s y } r : STATE OF COLORADO ) ` )ss. ,.:3 COUNTY OF BOULDER ) foregoing instrument was acknowledged before me this« ay of 1998, by 4:17 ,_K r E-- , as Trust Officer of THE FIRST NA ON BANK OF LONGMONT, a national banking association, Lessor. Witness my hand and official seaat. ._`; • , My commission expires: /79�' • /it l Public --r.• k•I,r ".�ti SFr STATE OF COLORADO ) / ��` FFF )ss_ COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this?"day of/444a-, 1998,by Josephine Anderson, Lessor.Witness my hand and official seal.. r e. iy., My commission expires: T er t <—:----;:-A-O-0‹ i * * /?Unary Public * • ; 4411X4. KIFe fort mewrA EASE ga..uuc 7 0& J -rove r STATE OF'Ignathy ) )ss. COUNTY OF I A 10 4 rp, The foregoing instrument was acknowledged before me this3Oday o Q. , 1998, by Barbara Foos,Lessor. _ Witness my hand and official seal. Commission - •'•`; *` My commission expires: Mypd/1712 Expires *i.,A� PU .0 STATE OF COLORADO ) � (4-e r-.--.._ Ctiv.' ;.::• ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me this 234 day of, '4s .,_, 1998, by JAMES E. ANDERSON,Lessee. U Witness my hand and official seal. ts...,,,,,,,,,. .4‘ e e¢ R- * r My commission expires; , t *" • '`• .x * "" scv Public 3 r. ;* ' Lao ....,xnw,..„..ENrswwmE,,,,.. A fi+_ooc 8 0M+1J 1I;1P AAA-7GMAx[111!' OPERATING AGREEMENT OF AMAIZEING FARM EVENTS,LLC i621970 -r.c a.atjuivawit a-'iaunnnto++ #62197 J3 TABLE OF CONTENTS ARTICLE 1 THE LIMITED LIABILITY COMPANY L1 Formation 4 1.2 Name 4 1.3 Articles of Organization 4 1.4 Business 4 1.5 Principal Place of Business; Registered Office and Agent 4 1.6 Additional Members 5 ARTICLE 2 DEFINITIONS 2.1 Cash Flow 5 2.2 Code s 2.3 Invested Capital 5 2.4 Anderson Farms Lease 5 2.5 Manager 5 2.6 Profit or Loss 5 2.7 Sharing Ratio. 5 2.8 'freasury Regulations 6 2.9 Voting Interest 6 ARTICLE 3 CAPITAL CONTRIBUTIONS 3.1 initial Capital Contributions 6 3.2 Additional Capital Contributions 6 3.3 Costs and Expenses 6 3.4 Right to Enforce ....6 ARTICLE 4 DISTRIBUTIONS 4.1 Nonliquidating Distributions 7 4.2 Liquidating Distributions 7 i621 v`3 ARTICLE 5 ALLOCATION OF PROFIT AND LOSS 5.1 Determination of Profit and Loss 7 5.2 Allocation of Profits and Losses 7 5.3 Regulatory Allocations and Curative Provisions 7 ARTICLE 6 ALLOCATION OF TAXABLE INCOME AND LOSS 6.1 In General 8 6.2 Allocation.of Section 704(c) Items 8 6.3 Integration With Section 754 Election 9 ARTICLE 7 MANAGEMENT 7.1 Management Authority 9 7.2 Duties 10 7.3 Time Devoted to Business 10 7.4 Tenure and Removal 10 7.5 Reliance by Third Parties 10 7.6 Transactions Between Company and Manager or Member 10 7.7 Management Fees and Reimbursements 10 7.8 Other Activities 11 7.9 Insurance 11 7.10 Exculpation 11 7.11 Agricultural Affairs 11 ARTICLE 8 MEMBERS 8.1 Participation in Management i2 8.2 Ouoi uut 12 8.3 Informal Action 12 8.4 Meetings 12 8.5 Place of Meeting 12 8.6 Notice of Meeting 12 8.7 Proxies 12 8.8 Conduct of Meeting 13 8.9 Tax Matters Partner 13 #62197 v3 ARTICLE 9 ACCOUNTING AND REPORTING 9A Books 13 9.2 Capital Accounts 13 9.3 Transfers During Year 14 9.4 Reports 14 9.5 Section 754 Election 14 ARTICLE 10 TRANSFERS 10.1 Restrictions 14 10.2 Transfers _ 14 ARTICLE 11 TERM 11.1 Events of Dissolution 16 11.2 Continuance of Company 16 ARTICLE 12 DISSOLUTION AND TERMINATION 12.1 Final Accounting 16 12.2 Liquidation 16 12.3 Distribution in Kind 16 12.4 Waiver of Right to Court Decree of Dissolution 17 12.5 Articles of Dissolution................... 17 ARTICLE 13 GENERAL PROVISIONS 13.1 Entire Agreement 17 13.2 Amendment 17 13.3 Notices 17 13.4 Applicable Law 17 13.5 Pronouns 18 13.6 Counterparts 18 EXHIBIT A A-I8 1062197 v3 OPERATING AGREEMENT OF aMAIZEing Farm Events,LLC THIS OPERATING AGREEMENT(this"Agreement"),dated as of the 1st day of April, 2002, is by and between Peggy Shupe("Shupe") and James Anderson("Anderson"), all of whom are referred to as the "Members" and individually as a"Member." In consideration of the mutual promises contained herein the Members agree as follows: ARTICLE 1 THE LIMITED LIABILITY COMPANY 1.1 Formation. The Members hereby form a limited liability company upon the terms and conditions provided in this Agreement,subject to the provisions of the Colorado Limited Liability Company Act(the "Act"). 1.2 Name. The name of the limited liability company shall be aMAIZEing Farm Events,LLC (the"Company"). 1.3 Articles of Organization. The Manager has caused articles of organization that comply with the requirements of the Act to be properly filed with the Colorado Secretary of State. In the future,the Manager shall execute such further documents(including amendments to the articles of organization)and take such further action as shall be appropriate or necessary to comply with the requirements of law for the formation and operation of a limited liability company in all states and countries where the Company elects to carry on its business. 1.4 Business. The business of the Company shall be to: (i)engage in the business of operating a farming experience to included(but limited to)catering for special events for corporations,organizations or private parties and operating an annual event referred to as Harvest Fest at 6728 WCR 3 3/4,Erie,CO 80516; (ii) engage in such other lawful activities as the Members may deem desirable,and (iii) do any and all other things necessary,desirable or incidental to the foregoing purposes. The Company may sell or otherwise dispose of all or substantially all of its assets for such consideration as may be approved by the Manager,and the Members agree that any such sale or disposition shall be within the scope of the Company's business. 1.5 Principal Place of Business;Registered Office and Agent. The Company's principal place of business shall be at 1423 S. Uinta Court, Denver,Colorado 80231,or such other place either within or without Colorado as may be selected from time to time by the Manager. The registered office of the Company shall be at 1423 S. Uinta Court,Denver, Colorado 80231,or such other place in Colorado as may be selected from time to time by the Manager. The Company's registered agent at such address shall be Peggy Shupe. 1.6 Additional Members. Additional Members may be admitted into the Company upon such terms and conditions as may reasonably be determined by the unanimous agreement of the Members. ARTICLE 2 DEFINITIONS 2.1 Cash Flow. "Cash Flow'shall mean the excess of all cash receipts of the Company over all cash disbursements of the Company, less such reserves as the Manager shall determine are necessary from time to time. 2.2 Code. "Code"shall mean the Internal Revenue Code of 1986, as amended, or any successor statute. 2.3 Invested Capital. "Invested Capital" shall mean, with respect to Peggy Shupe,the amount of$200,000.00 and any additional capital contributed under Section 3.2 below. -. 2.4 Anderson Farms Lease. "Anderson Farms Lease"shall mean that certain lease dated , 2002, by and between the Company and Anderson for the Property. 2.5 Manager. "Manager" shall mean Peggy Shupe or any person or entity elected or appointed to succeed her and manage the business of the Company as provided in Section 7.4. 2.6 Profit or Loss. "Profit"or"Loss"shall mean the profit or loss of the Company as determined under the capital accounting rules of Treasury Regulation § 1.704- I(bN2)(iv) for purposes of adjusting the capital accounts of the Members including, without limitation,the provisions of paragraphs (b), (f)and (g)of those regulations relating to the computation of items of income, gain, deduction and loss. 2.7 Sharing Ratio. The"Sharing Ratio"of each Member shall be as follows: Member Sharing Ratio Shupe 50% Anderson 50% The Sharing Ratios of the Members may be adjusted from time to time to account for transfers of interests in the Company and other transactions authorized under this Agreement. 2.8 Treasury Regulations. "Treasury Regulations"shall mean regulations issued by the Department of Treasury under the Code. Any reference to a specific section or sections of the Treasury Regulations shall be deemed to include a reference to any corresponding provision of future regulations under the Code. 2.9 Voting Interest. "Voting Interest" shall mean a number of votes of each Member as follows: Member Number of Votes Shupe 51 Anderson = 49 ARTICLE 3 CAPITAL CONTRIBUTIONS 3.1 Initial Capital Contributions; Loan. In connection with the start up of the Company,the Members shall make initial capital contributions to the Company as set forth on Exhibit A to this Agreement. In addition to her capital contribution set forth on Exhibit A ($164,008.00)Shupe Shall loan the Company the sum of$35,992,00 which shall be evidenced by and repaid pursuant to a promissory note (the"Note") in the form of Exhibit B to this Agreement. The parties agree that the Company's obligations under the Note is intended to be treated as a debt of the Company. 3.2 Additional Capital Contributions. No Member shall be obligated to contribute any additional capital or to make a loan to the Company. If the Company requires additional funds to meet its obligations, the Company may accept additional capital contributions from one or more Members or the Company may borrow such additional funds from any source,including any Member. Upon the acceptance of additional capital contributions from a Member pursuant to this Section 3.2,the Manager shall adjust the Sharing Ratios of the Members as the Members then agree. Any loan made by a Member to the Company shall be represented by a promissory note,bearing interest at a rate mutually agreed to, and shall be payable out of any available funds, including proceeds from the sale of all or any portion of the assets of the Company. 3.3 Costs and Expenses. All costs and expenses of the Company shall be paid from its funds. 3.4 Right to Enforce. No person other than a Manager or Member shall have the right to enforce any obligation of a Member to contribute capital or make a loan to the Company, and specifically no lender or other third party shall have such rights. ARTICLE 4 DISTRIBUTIONS 4.1 Nonliquidating Distributions. Except as provided-in Section 4.2,the Company shall make distributions of Cash Flow among the Members in accordance with their relative Sharing Ratios. 4.2 Liquidating Distributions. All distributions made in connection with the sale or exchange of all or substantially all of the Company's assets and all distributions made in connection with the liquidation of the Company shall be made in accordance with their relative positive capital account balances, after giving effect to the allocation of any Profit or Loss under Article 5. ARTICLE 5 ALLOCATION OF PROFIT AND LOSS 5.1 Determination of Profit and Loss. Profit or Loss shall be determined on an annual basis and for such other periods as may be required. 5.2 Allocation of Profits and Losses. (a)For book purposes all Profit shall be allocated among the Members in accordance with their relative Sharing Ratios. (b) All Profit from a sale, exchange or other disposition of all or substantially all of the Company assets,or with respect to liquidation of the Company, shall be allocated among the Member in accordance with their relative Sharing Ratios. 5.3 Regulatory Allocations and Curative Provisions. (a) The"qualified income offset"provisions of Treasury Regulation section 1.704-1(b)(2)(iiXd)are incorporated herein by reference and,to the extent provided in that regulation, shall apply to adjust the allocation of Profit and Loss otherwise provided for under Sections 5.2. (b) The"minimum gain" provisions of Treasury Regulation section 1.704-2 are incorporated herein by reference and, to the extent provided in that regulation, shall apply to adjust the allocation of Profit and Loss otherwise provided for under Sections 5.2. (c) Notwithstanding the provisions of Section 5.2; if during any fiscal year of the Company the allocation of any loss or deduction, net of any income or gain,to a Member would cause or increase a negative balance in a Member's capital account as of the end of that fiscal year, only the amount of such loss or deduction that reduces the balance to zero shall be allocated to the Member and the remaining.amount shall be allocated to the other Members. For the purpose of the preceding sentence,a capital account shall be reduced by the adjustments, allocations and distributions described in Treasury Regulations sections 1.704- 1(b)(2)(ii)(dX4), (5)and(6), and increased by the amount if any, of the negative balance in the Member's capital account that the Member is obligated to restore within the meaning of Treasury Regulation section 1.704-1(b)(2Xii)(c)as of that time or is deemed obligated to restore under Treasury Regulation section 1.704-2(g)(1)or section 1.704-2(O(5). 7. (d) Ali allocations pursuant to the foregoing provisions of this Section 5.4 (the "Regulatory Allocations") shall be taken into account in computing allocations of other items under Sections 5.2, including, if necessary, allocations in subsequent fiscal years, so that the net amounts reflected in the Members' capital accounts and the character for income tax purposes of the taxable income recognized(e.g., as capital or ordinary) will,to the extent possible,be the same as if no Regulatory Allocations had been given effect. ARTICLE 6 ALLOCATION OF TAXABLE INCOME AND LOSS 6.1 In General. (a) Except as provided in Sections 6.1(b)and 6.2, each item of income, gain, loss and deduction of the Company for federal income tax purposes shall be allocated among the Members in the same manner as such item is allocated for capital account purposes under Article 5. (b) To the extent of any recapture income(as defined below) resulting from the sale or other taxable disposition of a Company asset,the amount of any gain from such disposition allocated to(or recognized by) a Member(or its successor in interest) for federal income tax purposes shall be deemed to consist of recapture income to the extent such Member (or such Member's predecessor in interest)has been allocated or has claimed any deduction directly or indirectly giving rise to the treatment of such gain as recapture income. For this purpose"recapture income" shall mean any gain recognized by the Company (but computed without regard to any adjustment required by sections 734 and 743 of the Code) upon the disposition of any property or asset of the Company that does not constitute capital gain for federal income tax purposes because such gain represents the recapture of deductions previously taken with respect to such property or assets. 6.2 Allocation of Section 704(c)Items. The Members recognize that with respect to property contributed to the Company by a Member and with respect to property revalued in accordance with Treasury Regulation section 1.704-1(b)(2Xivxf),there will be a difference between the agreed values or"carrying values"of such property at the time of contribution or revaluation and the adjusted tax basis of such property at that time. All items of tax depreciation, cost recovery, amortization,amount realized and gain or loss with respect to such assets shall be allocated among the Members to take into account the book-tax disparities in accordance with the provisions of sections 704(b) and 704(c)of the Code and the Treasury Regulations under those sections. 6.3 Integration With Section 754 Election. All items of income, gain, loss, deduction andcredit recognized by the Company for federal income tax purposes and allocated to the Members in accordance with the provisions hereof and all basis allocations to the Members shall be determined without regard to any election under section 754 of the Code that may be made by the Company;provided,however, such allocations, once made, shall be adjusted as necessary or appropriate to take into account the adjustments permitted by sections 734 and 743 of the Code. ARTICLE 7 MANAGEMENT 7.1 Management Authority. (a) Except as provided in Section 7.1(b), management of the Company shall be vested exclusively in the Manager. The Manager shall have the power and authority to conduct the business of the Company. The Manager is hereby expressly authorized on behalf of the Company to make all decisions with respect to the Company's business and to take all actions necessary to carry out such decisions. All documents executed on behalf of the Company need only be signed by the Manager. (b) Notwithstanding anything to the contrary in this Agreement, the Manager shall not take the following actions without the consent of Members holding at least 67%of the Voting Interests: (i) Make any expenditure in excess of$5,000 or commit the Company to do so, whether in a single transaction or a series of related transactions; (ii) Borrow in excess of$5,000 or commit the Company do so,whether in a single transaction or a series of related transactions; (iii) Guarantee any debt or obligation of any Member or third person; (iv) Mortgage,pledge or encumber any asset of the Company; (v) Enter into a merger, reorganization, consolidation or similar restructuring of the Company; (vi) Sell, exchange,transfer or otherwise dispose of any asset or group of related assets with a fair market value in excess of$5,000, whether in a single transaction or a series of related transactions; (vii) Sell, exchange,transfer or otherwise dispose of all or substantially all of the assets of the Company,whether in a single transaction or a series of related transactions; (viii) Do any act that would make it impossible to carry on the ordinary business of the Company; (ix) Contract or deal with the Company,or cause any person or entity affiliated with any Member to contract or deal with the Company, except as otherwise contemplated by this Agreement (x) Settle any claim against the Company;and (xi) Modify any provisions of the Note. 7.2 Duties. A Manager shall carry out his/her duties in good faith, in a manner he/she believes to be in the best interests of the Company,and with such care as an ordinarily prudent person in a like position would use under similar circumstances. A Manager who so performs his/her duties shall not have any liability by reason of being or having been a Manager of the Company. 7.3 Time Devoted to Business. A Manager shall devote such time to the business of the Company as he/she, in his/her discretion, deems necessary for the efficient carrying on of the Company's business. 7.4 Tenure and Removal. A Manager shall hold office until he/she resigns, dissolves, dies,becomes bankrupt or incompetent, or is removed by the Members as provided in this Section 7.4. If a Manager or his/her successor resigns, dissolves, dies,becomes bankrupt or incompetent,or is removed by the Members, Members holding 51%of the Voting Interests may elect someone else to fill the vacancy and serve as Manager. A Manager may be removed at any time, with or without cause, by Members holding Sl%of the Voting Interests. 7.5 Reliance by Third Parties. No third party dealing with the Company shall be required to ascertain whether a Manager is acting in accordance with the provisions of this Agreement. All third parties may rely on a document executed by a Manager as binding the Company. A Manager acting without authority shall be liable to the Members for any damages arising out of his unauthorized actions. 7.6 Transactions Between Company and Manager or Member. A Manager may cause the Company to contract and deal with the Manager, or any person or entity affiliated with the Manager, provided such contracts and dealings are on terms comparable to and competitive with those available to the Company from others dealing at arm's length or are approved by all of the Members in writing. 7,7 Management Fees and Reimbursements. No Manager shall be entitled to any fee or salary for managing the operations of the Company. A Manager shall be reimbursed by the Company for any reasonable out-of-pocket expenses incurred on behalf of the Company. Notwithstanding the foregoing, after consultation with the other Member(s),the Manager may establish a compensation plan for Members, including the Manager, for services rendered to the Company; provided,however, that such compensation shall be competitive with amounts paid by similar businesses for similar services at the time that the compensation plan is established. 7.8 Other Activities, The Members and the Manager shall at all times be free to engage for their own account in any business other than a business that directly competes with the business of the Company in the relevant market(s) in which the Company does business. It is specifically understood and agreed between the Members that nothing in this Agreement shall be construed to constitute any Member or Manager the agent or partner of any other Member for purposes beyond this CcunpanF, nor in any manner to limit the Members in the carrying on of their respective businesses or activities. 7.9 Insurance. The Company shall maintain for the protection of the Company and all of its Members such insurance as the Manager deems necessary for the operations being conducted. 7.10 Exculpation. The doing of any act or the failure to do any act, the effect of which may cause or result in loss or damage to the Company or any Member, if done in good faith to promote the best interests of the Company, shall not subject the Manager to any liability. The Company shall indemnify and.hold harmless.the Manager as to third parties against and from any personal loss, liability or damage incurred as a result of any act or omission of the Manager, Indemnification under this Section 7.10 shall be provided only out of and to the extent of the assets of the Company. In no event shall the Company or any Member be liable to a third party as a result of any indemnification. 7.11 Agricultural Affairs. Notwithstanding any contrary provision of this Agreement, the Manager may delegate his/her duties relating to the agricultural management of the Property to any other Member, who shall act as Farm Manager for the Company. The Farm Manager shall have the authority to attend to the routine agricultural management of the Property, including planting and harvesting; maintenance and supervision of farm equipment; irrigation; feeding and care of livestock; grounds maintenance; maintenance of fencing and structures owned or operated by the Company; and similar functions; provided, however: (a)that the Manager shall approve a budget for farm operations at least annually, and the Farm Manager shall not incur any liability or commit the Company to any expenditure in excess of the amount budgeted for such type of expenditure without the prior, written approval of the Manager; (b)the Farm Manager shall be subject to such other accounting and budgetary controls as the Manager may require; and(c)the Farm Manager may be removed at any time, with or without cause, by the Manager. ARTICLE 8 MEMBERS 8.1 Participation in Management. A Member, in his/her capacity as a Member, shall take no part in the control,management, direction or operation of the affairs of the Company and shall have no power to bind the Company. Notwithstanding the foregoing,the Members shall cooperate with the Manager in the non-management functions of the Company's business, including the planning of events and activities,booking and conducting events and activities,assisting in advertising and marketing, and similar functions. 8.2 Quorum. A majority of the Voting Interests,represented in person or by proxy, shall be necessary to constitute a quorum at meetings of the Members. Each of the Members hereby consents and agrees that one or more Members may participate in a meeting of the Members by means of conference telephone or similar communication equipment by which all persons participating in the meeting can hear each other at the same time, and such participation shall constitute presence in person at the meeting. If a quorum is present,the affirmative vote of a majority of the Voting Interests represented at the meeting and entitled to vote on the subject matter shall be the act of the Members,unless a greater number is required by the Act or this Agreement. In the absence of a quorum,those present may adjourn the meeting for any period, but in no event shall such period exceed sixty days. 8.3 Informal Action. Any action required or permitted to be taken at a meeting of the Members may be taken without a meeting if the action is evidenced by a written consent describing the action taken, signed by each Member. Action taken under this section is effective when all Members have signed the consent, unless the consent specifies a different effective date. 8.4 Meetings. Meetings of the Members for any purpose or purposes may be called by the Manager or by holders of not less than ten percent (10%)of all outstanding Voting Interests. 8.5 Place of Meeting. The Manager or Member(s) calling the meeting shall designate the place of meeting. If no designation is made, the place of meeting shall be the principal office of the Company. 8.6 Notice of Meeting. Written notice stating the place,day and hour of the meeting and the purpose or purposes for which the meeting is called, shall be delivered either personally or by mail, by or at the direction of the Manager or other person(s)calling the meeting, to each Member of record entitled to vote at such meeting. If mailed,such notice shall be deemed delivered as provided in Section 13.3. Meetings of the Members may be called upon four days' written notice. 87 Proxies. At all meetings of Members, a Member may vote in person or by proxy executed in writing by the Member or by its duly authorized attorney-in-fact. Such proxy shall be filed with the Manager of the Company before nr at the time of the meeting. No proxy shall be valid after eleven months from the date of its execution,unless otherwise provided in the proxy. 8.8 Conduct of Meeting. At each meeting of the Members, the Manager shall serve as Chairman of the meeting. The Chairman shall preside over and conduct the meeting and shall appoint someone in attendance to make accurate minutes of the meeting. Following each meeting, the minutes of the meeting shall be sent to the Manager and each Member. 8.9 Tax Matters Partner. Pursuant to section 6231 of the Code,Shupe is hereby designated as the"Tax Matters Partner"for the Company. The Tax Matters Partner is expressly authorized to perform on behalf of the Company or any Member any act that may be necessary to make this designation effective under any regulation,ruling, procedure or instruction that may be issued by the Internal Revenue Service. ARTICLE 9 ACCOUNTING AND REPORTING 9.1 Books. The Manager shall maintain complete and accurate books of account of the Company's affairs at the Company's principal place of business or such other place as the Manager may designate in a written notice to all of the Members. The Farm Manager shall maintain complete and accurate records regarding expenditures within the scope of the Farm Manager's duties, and shall provide a copy of such records to the Manager at least quarterly, or at such more frequent intervals as may be designated by the Manager. The books and records of the Company will be available for inspection and copying by a Member or his or her authorized representative, at his or her expense, during ordinary business hours. The books and records of the Company shall include the following: (a) A current list of the full name and last known business address, residence or mailing address of each Member and Manager,both past and present; (b) A copy of the articles of organization and any amendments, together with executed copies of any powers of attorney pursuant to which any amendment has been executed; (c) For_the three most recent years, copies of the Company's federal, state and local income tax returns and reports,and copies of any Company financial statements; (d) Copies of this Agreement and any effective amendments; and (e) Minutes of every meeting of the Members. 9.2 Capital Accounts. The Company shall maintain a separate capital account for each Member in accordance with the Treasury Regulations under section 704(b) of the Code and such other accounts as may be necessary or desirable to comply with the requirements of applicable law and regulations. 9.3 Transfers During Year. In order to avoid an interim closing of the Company's books,the share of Profits and Losses under Article 5 of a Member who transfers part or all of its interest in the Company during the Company's accounting year may be determined by taking its pro rata share of the amount of such Profits and Losses for the year. The proration shall be based on the portion of the Company's accounting year which has elapsed prior to the transfer or may be determined under any other reasonable method; provided, however,that any gain or loss from the sale of Company assets shall be allocated to the owner of the Company interest at the time of such sale. The balance of the Profits and Losses attributable to the Company interest transferred shall be allocated to the transferee of such interest. 9.4 Reports. The books of account shall be closed promptly after the end of each fiscal year. Promptly thereafter, the Manager shall make a written report to each Member which shall include a statement of Profits and Losses for the year, a statement of each Member's capital account and of his distributive share of income,gain, deductions and credits for income tax reporting purposes for the previous fiscal year,and such additional statements with respect to the status of the Company property and the distribution of Company funds as are considered necessary by the Manager to advise all Members properly about their investment in We Company. Such report may consist in part of a copy of part or all of the Company's T Inited States income tax rettn-n (Form 1065). Prior to March 31"of each year,each Member shall also be provided with an information letter with respect to his distributive shares of income, gains,deductions,losses and credits for income tax reporting purposes for the prior fiscal year. 9.5 Section 754 Election. Upon the request of any Member,the Company shall make the election provided for under section 754 of the Code. Any costs attributable to making such election shall be borne solely by the requesting Member. ARTICLE 10 TRANSFERS 10.1 Restrictions. Except as provided in this Article 10,without the prior written approval of the Manager(which approval shall be within the sole and absolute discretion of the Manager),a Member shall not sell, assign, pledge or otherwise transfer any portion of his interest in the Company. Any transfer or attempted transfer in violation of this Article 10 shall be void. 10.2 Transfers. (a) Direct and Indirect Transfers. For purposes of this Agreement, restrictions upon the sale, assignment or disposition of a Member's interest shall extend to any direct or indirect transfer including, without limitation, an involuntary transfer such as a transfer pursuant to a foreclosure sale or a transfer resulting by operation of law. (b) Permitted Transfers. Notwithstanding anything to the contrary contained herein.,one Member may transfer all or any portion of its interest in the Company to another Member,without the prior written consent of the other Member(s). (c) Substitution of a Member, (1) Transferees. (i) No assignee,legatee,or transferee (by conveyance, operation of law or otherwise) of the whole or any portion of an interest in the Company shall have the right to become a substituted Member without the written consent of Members having Voting Interests(including such transferring Member's interest)of at least 67 percent. The granting or denial of a request for such written consent shall be within the absolute discretion of each Member. (ii) A substituted Member shall succeed to all the rights and interest of his or her assignor in the Company. An assignee of a Member who is not admitted as a Member shall be entitled only to the distributions to which his or her assignor would otherwise be entitled. (2) Death,Dissolution or Incompetence. If a Member dies,his or her executor, administrator or trustee, or,if a Member is adjudicated insane or incompetent, his or her conservator or representative, or if a Member is dissolved,merged or consolidated, its successor in interest shall have the same obligations and rights that such Member would have had if such Member had not died or had not been adjudicated insane or incompetent or had not been dissolved, merged or consolidated. (3) Assumption Requirement. No transfer of any interest in the Company otherwise permitted under this Agreement shall be effective for any purpose whatsoever until the transferee has assumed the transferor's obligations (including without limitation, any guarantees of third party loans) and has agreed to be bound by all the terms and conditions hereof,by written instrument, in form and substance reasonably satisfactory to the Manager. (d) Conditions to Substitution. As conditions to its admission as a Member: (i)any assignee; legatee, transferee or successor of a Member shall execute and deliver such instruments, in form and substance reasonably satisfactory to the Manager,as the Manager shall deem reasonably necessary, and(ii) such assignee, legatee, transferee or successor shall pay all reasonable expenses in connection with his or her admission as a substituted Member. ARTICLE 11 TERM 11.1 Events of Dissolution. Except as otherwise provided herein,the Company shall have perpetual existence and continue until dissolved by the written consent of Members holding 67%of the Voting Interests. Notwithstanding the foregoing, the Company may be dissolved by written consent of Members holding 51%of the Voting Interests upon the end of the term of the Anderson.Farm Lease (including any term of renewal or extension thereof). 11.2 Continuance of Company. (a) Upon the death,retirement, resignation, expulsion, bankruptcy or dissolution of a Member;the business of the Company shall continue with the unanimous consent of the remaining Member(s). The Company shall continue even though it has only one Member or only one person owning all of the interests in the Company. (b) If at any time the Members unanimously consent to discontinue the Company,the Manager or other person selected as liquidator shall file a statement of intent to dissolve, and the Company's affairs shall be wound up as provided in Article 12. ARTICLE 12 DISSOLUTION AND TERMINATION 12.1 Final Accounting. In case of the dissolution of the Company, a proper accounting shall be made as provided in Section 9.4 from the date of the last previous accounting to the date of dissolution. ARTICLE 11 TERM 11.1 Events of Dissolution. Except as otherwise provided herein,the Company shall have perpetual existence and continue until dissolved by the written consent of Members holding 67%of the Voting Interests. Notwithstanding the foregoing, the Company may be dissolved by written consent of Members holding 51% of the Voting Interests upon the end of the term of the Anderson Farm Lease(including any term of renewal or extension thereof). 11.2 Continuance of Company. (a) Upon the death, retirement, resignation, expulsion, bankruptcy or dissolution of a Member, the business of the Company shall continue with the unanimous consent of the remaining Member(s). The Company shall continue even though it has only one Member or only one person owning all of the interests in the Company. (b) If ax any time the Members unanimously consent to discontinue the Company,the Manager or other person selected as liquidator shall file a statement of intent to dissolve, and the Company's affairs shall be wound up as provided in Article 12. ARTICLE 12 DISSOLUTION AND TERMINATION 12.1 Final Accounting. In case of the dissolution of the Company, a proper accounting shall be made as provided in Section 9.4 from the date of the last previous accounting to the date of dissolution. 12.2 Liquidation. Upon the dissolution of the Company,the Manager or, if the Manager is unable to act,some person selected by the Manager(or,if the Manager fails to designate a liquidator, selected by a majority of the remaining Members),shall act as liquidator to wind up the Company. The liquidator shall have full power and authority to sell,assign and encumber any or all of the Company's assets and to wind up and liquidate the affairs of the Company in an orderly and businesslike manner. All proceeds from liquidation shall be distributed in the following order of priority: (a)to the payment of debts and liabilities of the Company and the expenses of liquidation; (b)to the setting up of such reserves as the liquidator may reasonably deem necessary for any contingent liabilities of the Company; and(c)to the Members in accordance with Section 4.2. 12.3 Distribution in Kind. If the liquidator shall determine that a Company asset should be distributed in kind,the liquidator shall obtain an independent appraisal of the fair market value of the asset as of a date reasonably close to the date of liquidation. Any unrealized appreciation or depreciation with respect to such asset shall be allocated among the Members (in accordance with the provisions of Article 5 assuming that the asset was sold for the appraised value)and taken into consideration in determining the balance in the Members' capital accounts as of the date of liquidation. Distribution of any such asset in kind to a Member shall be considered a distribution of an amount equal to the asset's fair market value for purposes of Section 12.2. The liquidator, in its sole discretion, may distribute any percentage of any asset in considered a distribution of an amount equal to the asset's fair market value for purposes of Section 12.2. The liquidator, in its sole discretion,may distribute any percentage of any asset in kind to a Member even if such percentage exceeds the percentage in which the Member shares in distributions as long as the sum of the cash and fair market value of all the assets distributed to each Member equals the amount of the distribution to which each Member is entitled. 12.4 Waiver of Right to Court Decree of Dissolution. The Members agree that irreparable damage would be done to the Company if any Member brought an action in court to dissolve the Company. Accordingly,each of the Members accepts the provisions of this Agreement as its sole entitlement on termination of its membership in the Company. Each Member hereby waives and renounces its right to seek a court decree of dissolution or to seek the appointment by a court of a liquidator for the Company. 12.5 Articles of Dissolution. Upon the completion of the distribution of Company assets as provided in this Article 12,the Company shall be terminated and the person acting as liquidator shall file articles of dissolution and shall take such other actions as may be necessary to terminate the Company. ARTICLE 13 GENERAL PROVISIONS 13.1 Entire Agreement. This Agreement embodies the entire understanding and agreement among the parties concerning the Company and supersedes any and all prior negotiations, understandings or agreements in regard thereto. 13.2 Amendment. This Agreement may only be amended with the unanimous written consent of the Members. No rights hereunder may be waived except by an instrument in writing signed by the party sought to be charged with such waiver. 13.3 Notices. (a) All notices required or permitted by this Agreement shall be in writing and shall be hand delivered, sent by registered or certified mail, postage prepaid, or by facsimile(and confirmed in writing delivered or sent by one of the other methods described herein), and shall be effective when delivered or, if mailed,on the date set forth on the receipt of registered or certified mail, or on the fifth day after mailing,whichever is earlier, or,if by facsimile,on the first business day after receipt of such facsimile. (h) in computing any period of time under this Agreement, the day of the act; event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. 13.4 Applicable Law. This.Agreement shall be construed in accordance with and governed by the laws of the State of Colorado. 13.5 Pronouns. References to a Member, including by use of a pronoun,shall be deemed to include masculine, feminine,singular,plural, individuals,trusts,partnerships, limited liability companies or corporations where applicable. 13.6 Counterparts. This instrument may be executed in any number of counterparts each of which shall be considered an original. [SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF the parties have executed this Agreement to be effective as of the date first above written, MANAGER: P 4.??111-1-4,& Peggy S MEMBERS: p74/101x7a--- Peggy Sh es Anderson EXHIBIT A (Attached to and forming a part of the Operating Agreement of aMAIZEing Farm Events, dated as of the 1st day of April,20 2) Name Description of Capital Contribution Value Shupe Cash-immediate value l9re§ent Value equivalent of Anderson's capital contribution set forth below,at a discount rate of 7%) Anderson Five- Year Anderson Farm Lease $200,000($40,000 per year over five-year Lease term) #62197 v3 -B-i- EXHIBIT B Form of Promissory Note attached hereto (Attached to and forming a part of the Operating Agreement of aMAIZEing Farm Events,LLC, dated as of the 1st day of April,2002) PROMISSORY NOTE Longmont,Colorado April 1,2002 $35,992.00 - FOR VALUE RECEIVED,aMAIZEing Farm Events,LLC., a Colorado limited liability company (the"Maker"),promises to pay Peggy Shupe("Holder"),or order,the principal sum of Thirty Five Thousand Nine Hundred Ninety-Two and No/100 Dollars ($35,992.00) in lawful money of the United States of America,on the following terms and conditions: 1. Interest. Interest shall accrue on the unpaid principal balance from the date hereof at the rate of seven percent(7%) per annum on a 365-day basis. 2. Payment of Principal and Interest. Maker shall make annual payments-of principal and interest on December 15 of each year,commencing December 15,2003,based on a five-year amortization;provided that if, on any annual payment date,Maker does not have available cash flow to make the payment then due without unreasonably jeopardizing Maker's ability to transact business as a going concern, such payment shall be made as soon thereafter as Maker's cash flow shall permit without unreasonably jeopardizing Maker's ability to transact business as a going concern. The amount received by Holder shall first be applied to accrued interest, and any remaining amounts shall be applied to the unpaid principal. The full amount of principal and interest owing hereunder shall be due and payable on or before December 15,2008. Maker shall have the right to prepay the unpaid principal balance in whole or in part at any time without penalty. 3. Payment Location. Unless otherwise directed in writing by the holder of this promissory note,all payments shall be made at the following address: 062197 v3 -B-1- 1423 Uinta Court Denver,CO 80211 4. Default. If Maker default in the payment of any amount due under this promissory note,the entire principal sum and accrued interest shall at once become due and payable without notice at the option of the holder of this promissory note. Failure to exercise this option shall not constitute a waiver of the right to exercise the same at any time Maker are in default. Upon default, with or without acceleration by Holder, the total unpaid principal balance under this note shall accrue interest until the default is cured at the rate of ten percent(10%)per annum. 5. Collection Costs And.Attorneys'Fees. Maker promise to pay all costs and fees incurred by the holder of this note in the event payment is not made when due hereunder. Maker further promises that if any suit or action is instituted to collect this promissory note or any part thereof, Maker will pay, in addition to the costs and disbursements provided by statute, a reasonable sum as attorneys' fees and costs of litigation in such suit or action, including reasonable attorneys' fees and costs incurred in any appeal thereof. 6. Venue/Governing Law. At the option of the holder of this promissory note,the venue of any action hereunder will be Boulder County, Colorado. This note shall be construed in accordance with the laws of Colorado. 7. Waiver of Demand. Maker (and any endorser) hereby waives demand, presentment, protest, or notice of any kind and expressly agree that if this note or any payment due hereunder may be extended,any such extension shall in no way impair the liability ofMaker. MAKER: aMAIZEing Farm Events, LLC By es Anderson Titl ember By Peg Pe Title: Manager 02197 •v3 B-1- 1111121 1 ,4 '!',! 141 111111111111111 ,i1577'2 07/11/2001 04:10P JA Said Tselcn u to - i el 2 ft i6-lla fl Cal Weld County CO GENERAL WARRANTY DEED N THIS DEED,Made this 614 day of -W sa-La/• ,2001, ai between o II The First National Bank of Longmont as Trustee of Anderson Family Trust ti of the County of Weld,State of Colorado,grantor and an on oJam E Anderson,of the County of i.JL,State of Colorado; - if Josephine E.Anderson of the County of Lis Lga .State of Colorado;and n ; Barbara M.Foga of the County of ,State of,£+riratuab ees: a, `��++��IIPP x WITNFSSETH,That the grantor far and in consideration of the sum of TEN($10.00)DOLLARS, ,v ti ,. the receipt and sufficiency of which xn is Iy acknowledged,has granted,bargained,sold and conveyed,and by ,t-,-1 these punsaits does pint,baron,sell,convey,and confirm,unto the grantees their heirs and assigns forever as c• tenants in common,each to an undivided one-faint(1/3)interest in all intesaai of grantor in the real property, & together with improvements,if any,situate,lying and being in the County of Weld,State of Colorado,described 3 as follows: See Attached Exhibit A also known as street and number as:n/a TOGETHER with all and singular the hereditamenta and appurtenances thereto belonging,or in _ anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits 9 thereof and all the estate,right,title,intemat,claim and demand whatsocver of die grantor,either in law or i equity,of,in and to the above bargained premisnc,with the hereditaments and apputenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee,its heirs and assigns forever. The grantor,for itself,its hens and personal representatives or successors,does covenant and agree that it shall and wilt WARRANT AND FOREVER DEFEND the above- . bargained premises in the quiet and peaceable possession of the grantee,its heirs and assi„rns,against all and every person or persons claiming the whole or any part thereof,by,through or under the grantor. 1 IN WITNESS WHEREOF,the grantor has metalled this deed on the date set forth above. The First Nation ark of Longmont as Trustee of I Anderson F rust i •r i/ zC STATE OF COLORADO ) as COUNTY OF BOULDER ) -[� r The foregoing insirurnentwas acknowledged before me this 014 day of .L7 ,2001,by Qi4iti`' Vs ` 't/Car L WITNESS my hand and o rind My commissionexpires_t P (Rea; •-•.... • Public i j s 4. = R, is r% rEtry k cliNalmmAimarra...............0..a-:.r4•le(Ai iwn- ,,,d., ny � .. ,.r.r. ....�y�.,.�-:t •.�:-.;..s,:.:.yr_'"'P•^`+'•:^t;'�t• '.:F.J1::;•�"k.r:':�•If`.'3w; _ r`-' _ .;41.41,f l:;, rr��,,n• ",4 ' i.f -.'#-:+r•.#' �.�` Y '� rr° s�•t�,t>y:.-.:; k'.:.�. c�•+`��,''�'' -••..;f"`K. .:K: � .T- .7ik-,z!T :s+hc. �P. J• :"xei 'Y.'', :'",-•'S': • " . SS ,r•`', ;.7s .:�'P-.. 'c,f �l: +y� n• .;i'.�#: :M°:"• , r - .•e. , 't:•.'e`:;:a'_ai _.. ;✓1"' . ••k...,.•".�..d,y ". -' •n�•... ^;r '..: _ w ;`'y`: '`.^.c'�� J _ - . `�•c; sr: .,.s;x'�i:`�*�is .$" 'T!ti,'#Y.. `��:.i.� '-S;¢5+i'''`.u"i' '^.3,�a+�t�„�'R'•:-,:. ,.� _ ��a�+% ° +ar'•Rn "e•'.�-�� `.�- [i :�1: :r.,rr F.t;..f 0. i' :�YTs sA�'t;U11,S.t4M1w.Mr,•'Pl Y•��l¢.5: K-f••^f`f.',S',`I:H'�'�.,' T�.t.`:•G„ "tt r•'. .-'..jr, ;,;•:..'�'i' e K:: l�. s4e15` - - xl .;' F• _.ra aa�� Y:r. :1;.'..::St� . �5��,ax'T".W. j xT f+b �. r� x.,,Q:f.^ :;y, 'L^•y Tr. J.1 '� ;r '.s`Y.'. :i•: - _ ...�'d•.i'.. .•. Hfr1•�. :C:s.�•;s.:.' �K.. �,:� •-5 ..•:�� +� .,r by y.�.. - ,�s •.��;v..".. - .-- ` ;F,•.- '":'d��r. ^-i_:Ft e .t1i.'i ar,r`�::i".�:��::`•- • , •:;'��T'..q-,r - -Jr.�„'`•.^'=Y:-�-'__J.-a' cti�..t�. 4• ti _::^�T - - _ _ ��rF. ,t.v r't M1, Y�rra� - - '▪ Y ti • 'iii' ▪ r li.. • 1....L11111 0111 lilt Il 11311111 111111 11111 1111 lit JI2 07/11!2001 84:10P JA Sukl Tsilkafieto - 2 of 2 R 10.50 D 0,60 Weld County CO EXHIBIT A The META mod the Sif2 of Sauce 34,emend flee portion of,af4 prr.ryiee,rytng,.t,t of the folio..lag UAW Iittiaaier on the worth Sae of sold Section 34,which is 2129 let coat of the southwest cored of ofd S4dion[Ver.10'13'caif),ikrace math 2a'10'rest 737 feet,(Lance north 0'51'west 2032 fed,swore or less.I.the tees sad act cuter Doe*f sold Set+'lea;en bi Township 3 Neetk,of Range 62 West sr the 6s P.M.;cecept perceb coneeyel try dreds to the Depertnowit of ifighwege,Stitt of reterede,odeteredtl tnedieoiy in Book 1499 at Page 391 end Nook 1499 et page 596 of Weld County,Colorado records: The of of Section 77, in Township 3 North, of tangs 63 Nut of to 6th eseept parcel+ cowered by decd. to the 0epertaaoe of ltigda:.ya, State of Colorado, rocoreel respectively in book 1500 at rate 263 awl fa Soak 1500 et rags 145 of Veld County,-Colorado xsrardoi TOCZTRIES W1712 all ditch and ester rfahta eppertafaia1 to self preolees, toclwdini 133 shares of the capital stock of The Hithlasd -bitch Cospaoy end 2 ghettos of the capital,stock of Mo. 3.Outlet Ditch Co pent, end rights undet contract with No. 3 Outlet Oita Cenpeoy recorded le gook 611 at fye 373 at Weld Cacaty, Colorado records; The wet and the Zil of the WM%of Seeder 321 end a tract of lead situate in the ifs of the 111t of said Section 32. described as follow: Beginning at th. • stet ,starter corner of esti 3ietisee 32, thence west along tot teeter list of the Cortina, 1524.5 teati thence south 25' eV seat 1160.5 feat; chance Berth 19' 22' east 646.♦ feat; thence north o'J.S.vest 1306.0 feet, to the point of begin- ning; all in Sowehip 2 North. of Lag* 61 West of the 4th r,N.: =cur a tract of load conveyed by sold Gtoetora to Albert S. Walker sad Mary Walker, containing 26.732 ecru, oars or loos. Sy dead dated aWemMt 119th, 1977, recorded December Ind. 1977, is Book 316, leceptlos lb. 2737534, Weld County, Colorado records; tOC>S3Sit WITH all ditch end r.ter rights In .oy way connected with or apper- tsinial.to*aid pconic.., including 4 darns of the capital stock of tits Sere Lino land aMd llsIryoir Company, 3I Meru of tha capital.atotk of The Boulder •• lad Weld Crusts Witch Coep.sy, end all. intsreet of the'6r*tors in the Itarego M, lfattMWe Ditch, sod In and to the use of all rater to which the sold'ditch way be entitled by or under a decree or priority greeted to et vested In maid • ditch dada's Lbe 3t.tutes eat the Stet, of Colored', ecceptfng the use of 150 inches of rotor of &aid decree previously granted, coseeyed or deeded by Milton &Ethical rho said Martha K. Matthews Ditch being located in Water District No. 6..Dater Division lo. 1 of eh, Data of Colorado, said ditch divorcing water how Boulder Creek sad bolding a Sacra.of priority in said District to divert rater from-mid'crssk; mod, together with all water allotted to said land by,the Merth.rm,Celorado Wotor Cosaeroaacy District; • with.*3.1 ice tppntteoaoaae and wastes**Cho title to the saw, cabinet to existing roost atioas of tecatireed ssliri g rights of way lokl aaariaa1al es liar for lower end ady lieu by reason of the iaelesies of said promise*Ia say • taw tenth;district. 'EP. 5. 2002 ' 1 : 30AM 'O, 6597 PERSONAL REPRESENTATIVE'S DEED {Ts*.sit Estate; THIS DEED is made by J.ouise Anderson as Personal (representative of the Emte of Edwin A: Ar4efsca, deceased, Grantor, to Louisa: Anderson, Grantee, whose legal addre:: is 3042 Weld County R04 Z$, Lonstmon; of thc Conn' of Weld, State e;, Colorado. lE WHEREAS,the Last Will and Testament of thc above-named decedent was made and executed in the lifetime of the decedent.and is dated December 31, 1979 and Codicils dared January 28, 1982 and June 14, 19$2,which Will and Codicils were duty admitted to informs] probate on November M. 1994. by thc Distnct Court in and for the Courtly of Weid. Stare of Colorado,Probate No. 96PR3$0-l: WHEREAS,' Grantor was duty appoituud Personal R pretentatii+e of sled Estero on January 22. 1997,and to now qualified and acting in said capacity. NOW THEREFORE,pursuant to thc powers conferred upon Grantor by the Colorado Probate Cede,Grantor does hereby sell,convey, assign,Transfer and set CVeT unto said Grantee as the person entitled to dtstribunon of the property in the above captioned Will me following described real property situate in the County of Weld,State of Colorado: An undrilded 1131% In cart to all of Grantor's all,gas sad rnieersils In and under and that may be produced from the following described land in Weld Cottaty,Colorado. See Exhibit A attached hereto sod by reference,Incorporated herein farAJI purposes. also known by street and number as: assessor's schedule or parcel number. With all appurtenances,subject it Covenants,csearnente entl restrictions of record,anti subject to general property taxes for the your #c1. As used herein,the singular in udcs rho plural and the plural Mc singular. Executed; // 2 p Louise Anderson,Personal Representative of the Estate of Edwin A.Andear,Deere-sod STATE,OF COLD OO COUNTY OP 4 -L C.?AL. ,,� JJ The roe'r3oing instrument was adcnowdedged o foyer me this r.C �L'� dry of ,2"(44kiG c` 2001, by Louisa Anderson as Personal Raptesintativo of the E ato of Edwin A.Anderson ,Deceased. Witnms my hand and of17eial soil. �1 'lily commission expire-s qty Y ,fr" _,,ems�{{ x rye HeOtrtvtf,In to-City.4 �iyi' iEP � fix/ ...SA,:ma nxittivilt it e • n i t i'ibtic 4411;7:,1* ,rL.▪ ^1 ,: kjiZl�-Y �. N CPC+4 kcv.1-P!. P asor't t.RP,PRfr.$P7fl-,& 1YA"S I)t (Teiteue) V>(..• , • N . pe.', •�•yy 0.4 *yc44iR G cliaar_i.vat)4k+YA Gott!o L sine-WImaitat' gm :E^. {. 2002 11 : 301AM NO. ^: ? , 1.. EXHIBIT A TO; PERSONAL REPRESENTATIVES DEED GRANTOR: LOUISE ANDERSON, as Personal Representative of the Estate of Edwin A.Anderson GRANTEE LOUISE ANDERSON LEGAL DESCRIP'f or 1.12_aahip 2 Nortil�R ange;6.$ Wept. Section 3; Lot 1 and the South Half of the Northeast Quarter (S/2 NE/4), EXCEPT the North 17 acres of Lot 1,North of creek and 1.435 acres as conveyed in Deed dated September 23, E965, and.recorded in nook 552, Reception No. 1473921, of the need Records, Weld County,Colorado TOGETHER with the right of ingress and egress at all times for the purpose of miring, drilling, exploring, operating and developing said lands for oil, gas and other minerals, and storing, handling, tranzporting arid marketing the satire therefrom with the right to remov;, from said land all of Grantee's property and improvements. Subject to an Oil and Gas Lease recorded in Book 625, Reception No. 1565393, Weld County Records; and an Oil and Gas Lease recorded in Book 655, Reception No 1577147, Weld County Records, S 5. 2GC'2 ' 1: 31AM NO. c57 P. 4' • • 'S. ., •••../ PERSONAL REPRESENTATIVE'S DEED (Testate Fair) THIS DEED is made by Laniu Anderson.as Personal Representative of the Estate or Edwin A. Anderson, doeca:cd, Grantor, to Loos c :L�do!soa. Grantee, whets legal address 404z,Weld Counry Road 28. Lonanont of the County of weld. State of calsita, i*REM,«x Lag Will and Testament of the:above-mud ted decedent was malt It and entailed in the lifetime of the decedent,anti is dated December 31, 197x}and Codicils darted January 28.1992 and June 14, i 982,WIWI Will and Codicils were duly admitted to influnta1 probate on November 20, t44d, by the District Court in and for the County of Weill,State of Colorado, Probate No. P5PR38a 1: WHEREAS,Grantor was duly appointed Personal Representative of said Estate on January 22,1997..and is now qualified and.4.0 g in said capacity, NOW THEREFOR ,pursuant to the powers a.tn felted upws Ot snow by the Colorado Probate Code,Granter does hereby sell,onvey: 'Mgn,macro,ae'i see over unto said Grantee Crentee s'the person ±ntitkd to ditrtbutten of the property in the 360'e captioned Will or following dayt:ribed reel property situate in the County of Weld.State of Colorado: An undivided 11.31%of an tordtvided 113,to and to cite Mowing described property. See Exhibit A attached hereto and by reference,incorporated herein for all purposes. eiso known try street and number as: assessor's schedule or parcel number, With ell app 3n nanccs.subject to covenants.=menu and restrictions of record,and subject to general property taxes for the year 2001. M used herein,the singular includes the plural and the plural the singular. Emoted: C4/zkrr -"t rte ('L d -- ' Louise Anderson,Personal Representative of the Estate of Edwin A.Anderson,Deceased STATE OF COLaD,f40,11,1 COUNTY OF The forego'lyt ins.vurnenm was stknowledsod before n:c this /1 ceday tit /I . NV, by Louise Aarlcrson,:s Pei-wool Remoras:rive of rhe Estate of Edwin tt.Anderson .Dutesst . *f rt A. Witness my hand ana offcies amt, xr•e'a�•1'. )+*,�,r My EOtrNllrseior t:%pire6: • 3- 4W 3 . K G;14 'If ID Mover.awl'OW;kV � f :a e -Wit at reeefrttt w�„ fit". year,itirbM µ. ♦ • it A • r h, • {. ?et crot6.Rev.I-96.PYtt9ONALRt:t'tI NR.NTATWE'$DEW ITenstr) n'f''i.•toi+ANDCL5tR We::a Imeec.Jic 5 N32 };:11Ftr O. ,; o 37 F. 5 'h�' EXBI$IT A TO: PERSONAL REPRESENTATIVES DIED GRANTOR: LOUISE ANDERSON,as Personal Representative of the Estate of FAvrtn A.Anderson GRANTEE_ LOUISE ANDERSON LEGAL DESCRIPTION The NE IA of Section 34; and the S '4 of Sedan 34, except the portion of said premises lying west of the following lire: Beginning or,the south Inc of said section 34,which is 2129 feet east of the scuthnveat corner of said Section (Var. 14' 13' me),thence north 28° 10' west 737 feet,thence north 0 °51' west 2032 fccl,mare or 1004 to the east arid west cc:.te; line of said Section; all in Township 3 North, of Range 6$ W.�t of the 6° PM.: except parcels conveyed by deeds to the Depart rtent of Highways, State of Colorado,recorded respectively in Book 1499 at Page 594 and in Book 1499 at Page 59,5 of Weld County,Colorado records; The S !4 of Section 27, in Township 3 North,of Range 60 West of the 6a P.M.; except parcels conveyed by deeds to the Deparimeot of Highways.State of Cotoradc, recorded respectively in Book 1500 at Page 263 and in Stook 1500 at Pnge 263 of Weld County, Colorado records; TOGETHER WITH all ditch and water rights appertaining to said premises, including 131/1 shares of the capital sleek of The Highland Ditch Company and 2 shares of the capital stark ofNo.3 Outlet Ditch Company,and rights ender contract pith No. 3 Outlet Ditch Cothpanyrecorded in Book 672 at Page 378 of Wald County,Colorado records; AND INCLUDING,Czat portion of the SE %of Section 27,Township 3 North,Range 68 West of the 6'"P.M.,described as follows_ HP.GINNING at a point on the South line of Said SE, 4 whence the Southeast corner thereof bears N 89°26' 28"E 147,25 feel;thence N02°52'09"W 566.72 feet to a point or rho eeisting high water,mark of Foster Reservoir, then x along said high watermark the following courses: N50°58' 50"E 213.85 feet; N21°3$''24"E 257,83 feet; N00° 12' 04" W 298.26 feet; N14°02' 16"W 244.37 feet; N12° 15' 43"W 588.61 feet; N431'34' 35"E 134,45 feet; N51°53' 10" E 332.64 feet, N42° 18' 07"E 419,40 feet to apoint on the North line of said SE%; thence along said North line N 89° 24' 03"E 572,71 feet to a point on the West Right of Way line o;Interstate Highway#25; thence along said West fine parallel with the East line of said SE 11 S 00°25'30— W 2532.72 feet; the>±ee S89°26'28"W 450.40 feet; thence SOd•33' ?2"E 25.00 feet to a point on the South lint of said'SP.%; thence S59°26' 28"W 78725 feet to the POINT OF BEGB\INING; TOGETHER wim all ditch and waxer righta appertaining to said premises, including one share of the capital stack of The RighIan.d Ditch Company, 50 units of water as allocated to said premises by The Northern Colorado Water Conservancy District, sod surface rights in The Highland Reservoir No. 3, also known as The Highland Ditch Reservoir No. 3, also known as Foster Reservoir, located in Section 27, Township 3 North, Renee 68 West of the 6'r'P.M., Weld County,Colorado. P. 5, 200►2 I I :32AM 0. 8591 r, 6r6 The NE '/4 and the E 'A of the NW V4 of Section 32; and a tract of land situate in the N !A of the SE V. of said Section 32, described as follows: Beginning at the east quarter corner of said Section 32, thence west along the center line of the Section, 1484.5 feet; thence south 25° 46 east 1460.8 feet; thence north 89° 22' east 866.4 feet; thence north Q° 45' west 13p6.0 feet, to the point of beginning; all in Township 2 North, of Range 68 West of the 6th P.M.; EXCEPT a tract of land conveyed by said Grantors to Albert H. Walker and Mary Walker, containing 26.232 acres, more or less, by deed dated November 29th, 1977, recorded December 2n°, 1977, in Book 816, Reception No. 1737534,Weld County, Colorado records; TOGETHER WITH all ditch and water rights in any way connected with or appertaining to said premises; including 4 shares of the capital stock of The Base Line Land and Reservoir Company, 3 '/ shares of the capital stock of The Boulder and Weld County Ditch Company, and all interest of the grantors in the Martha M. Matthews Ditch, and in and to the use of all water to which the said ditch may be entitled by or under a decree or priority granted to or vested in said ditch under the Statutes of the State of Colorado, excepting the use of 150 inches of water of said decree previously granted, conveyed or deeded by Milton Matthews; the said Martha M. Matthews Ditch being located in Water Distract No. 6, Water Division No. I of the State of Colorado, said ditch diverting water from Boulder Creek and holding a decree of priority in said District to divert water from said creek; and, together with all water allotted to said land by the Northern Colorado Water Conservancy District; with all its appurtenances, and warrants the title to the same, subject to existing reservations of record and existing rights of way and easements; and subject to liens for taxes and any lien by reason of the inclusion of said premises in any tax levying district. U 1 , � 2582312 B-1636 P-1216 12/03/1997 02:03P PG 1 OF 3 REC DOC i Weld County Cr) JA Sulti Tsukeatotn Clerk Iv Recordee 16.00 PERSONAL REPRESENTATIVE'S DEED ('Testate Esc) THIS DEED is made by Louise Anderson _. as Personal Representative of the Estate of EDWIN A ANDERSON, Grantor, to THE EDWIN ANDERSON FAME Y TRUST,Grantee, 1yy - q whose legal address is 3042 Weld County Road 28, Longmont 1 I. of the County of Weld,State of Colorado 80504 1 4 WHEREAS,the Last Will and Testament of the above-named decedent was made and executed in the lifetime of the derMent, and is dated Dore rber 31, 1979 and Codicils dated January 28, 1982 and June 14,1982,which Will and Codicils were duly a admitted to informal probate on November 26, 1996,by the District Cuutt in and for the County of Weld,State of Colorado, Probate No.96PR380-I; all c WHEREAS.Grantor was duly appointed Personal Representative of said Eetntr au Jamiary 22, 1997,and is now qualified and acting in said capacity, NOW THEREFORE,pursuant to the powers conferred upon Grantor by the Colorado Probate Code,Grantor does hereby sell, • convey,assign,transfer and set over unto said Grantee as the person entitled to distribution of the property in the above captioned oWill,the following described real property situate in the County of Weld,State of Colorado: v 1t F' An undivided 78.69%interest in and to the following described property. E W_ W • ;,� SEE EXHIBIT"A" ATTACHED HERETO AND,BY REFERENCE, w INCORPORATED HEREIN FOR ALL PURPOSES r i-- = ,- c., also known by street and number as With all appurtenances,subject to covenants,easements and restrictions of record,and subject to general property taxed for the year 1997. As used herein,the singular includes the plural and the plural the singular. Executed , ,/ev s ::2t). , 1991 < e,"-r C�_a t-vl•-t..G�F.'r_-..? 'r-t/ Louise Anderson, Personal Representative of the Estate of Edwin A.Anderson, Deceased STATE OF COLORADO ) 1 COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me thug ri day of /, 1997,by Louise Anderson as Personal Representative of the Estate of Fadwiu A.Anderson, Deceased. WITNESS my hand and official seal. * 404 .1747. My commission expires �� l� //1 J / + '! /7^ /A d � C ; T - Y I / otary Public _.`:; tee 4 ,_. . 1,*, PRRSONiAL REr'RESEN ATiVE S DIED IICUEM,IM Itlefb I O[TO.TIMAT..DOC 061.7.171 SS PIA Pa 2592312 R-1636 F-1216 12;03/1997 02:03P PG 2 OF 3 EXHIBIT A TO: PERSONAL REPRESENTATIVE'S DEED GRANTOR: LOUISE ANDERSON, as Personal Representative of the Estate of Edwin A.Anderson GRANTEE: THE EDWIN ANDERSON FAMILY TRUST LEGAL DESCRIE'ION The NE '4 of Section 34;and the S Y2 of Section 34,except the portion of said premises lying west of the following line: Beginning on the south line of said Section 34,which is 2129 feet east of the southwest corner of said Section(Var. 14° 13' east), thence north 28° 10' west 737 feet,thence north 0° 51' west 2032 feet,more or less,to the east and west center line of said Section; all in Township 3 North, of Range 68 West of the tit° P.M.; except parcels conveyed by deeds to the Department of Highways, Slate of Colorado,recorded respectively in Book 1499 at Page 594 and in Book 1499 at Page 596 of Weld County,Colorado record^,; The S ''A of Section 27, in Township 3 North,of Range 68 West of the 61'P.M.; except parcels conveyed by deeds to the Department of Highways, State of Colorado, recorded respectively in Book 1500 at Page 263 and in Book 1500 at Page 265 of Weld County, Colorado records; TOGETHER WITH all ditch and water rights appertaining to said premises, including 13'4 shares of the capital stock of The Highland Ditch Company and 2 shares of the capital stock of No.3 Outlet Ditch Company,and rights under contract with No. 3 Outlet Ditch Company recorded in Book 672 at Page 378 of Weld County,Colorado records; AND INCLUDING,that portion of the SE''A of Section 27,Township 3 North,Range 68 West of the 61°P.M.,described as follows: BEGINNING at a point on the South line of Said SE 'A, whence the Southeast corner thereof bears N 89°26' 28"E 1487.25 feet;thence N02°52'09"W 566.72 feet to a point on the existing high water mark of Foster Reservoir; thence along said high water mark the following courses: N50°58' 50"E 213.85 feet; N21°38'24"E 257.83 feet; N00° 12'04"W 298.26 feet; N14°02' 16"W 244.37 feet; N12° 15'43"W 588.61 feet; N43°34'35"E 134.45 feet; N51°53' 10"E 332.64 feet; N42° 18'07"B 419.40 feet to a point on the North line of said SE'''A; thence along said North line N 89° 24' 03" E 572.71 feet to a point on the West Right of Way line of Interstate Highway#25; thence along said West line parallel with the East line of said SE S 00° 25'30" W 2632.72 feet; thence S89°26'28"W 450,40 feet; thence S00°33' 32"E 25.00 feet to a point on the South line of said SE V..; thence S89°26'28"W 787.25 feet to the POINT OF BEGINNING; TOGETHER WITH all ditch and water rights appertaining to said premises, including ono share of the capital stock of The Highland Ditch Company,50 units of water as allocated to said premises by The Northern Colorado Water Conservancy District, and surface rights in The Highland Reservoir No. 3, also known as The Highland Ditch Reservoir No. 3, also known as Foster Reservoir, located iu Section 27, Township 3 North, Range 68 West of the 6i° P.M., Weld County,Colorado. • • The NE'1i and the E V2 of the NW/.of Section 32;and a tract of land situate in the N ' of the SE % of said Section 32, described as follows: Beginning at the east quarter corner of said Section 32, thence west along the center line;of the Section, 1484,5 feet; thence south 25°46 east 1460.8 feet; thence north 89° 22' east 866.4 feet; thence north 0° 45' west 1306.0 feet,to the point of beginning;alt in Township 2 North, of Range 68 _ West of the 6th P,M.; EXCEPT a tract of land conveyed by said Grantors to Albert H. - Walker and Mary Walker, containing 26.232 acres, more or less, by deed dated November 29th, 1977, recorded December 2', 1977, in Book 816, Reception No. 1737534,Weld County,Colorado records; TOGETHER WITH all ditch and water rights in any way connected with or appertaining to said premises, including 4 shares of the capita! stock of The Base Line Land and Reservoir Company, 3 2/2 shares of the capital stock of The Boulder and Weld County Ditch Company,and all interest of the grantors in the Martha M.Matthews Ditch,and in and to the use of all water to which the said ditch may be entitled by or under a decree or priority granted to or vested in said ditch under the Statutes of the State of Colorado, excepting the use of 150 inches of water of said decree previously granted, conveyed or deeded by Milton Matthews;the said Martha M.Matthews Ditch being located in Water District No. 6, Water Division No. 1 of the State of Colorado,said ditch diverting water from Boulder Creek and holding a decree of priority in said District to divert water from said creek; and, together with all water allotted to said land by the Northern Colorado Water Conservancy District;with all its appurtenances,and warrants the title to the same, subject to existing reservations of record and existing rights of way and easements; and subject to liens for taxes and any lien by reason of the inclusion of said premises in any tax levying district. 2582312 B-1636 P-1216 12/03/1597 02:03P PG 3 OF 3 I Oil• 111 LIQUOR/BEER RENEWAL REVIEW FORM Date: March 3, 2003 TO: Ron Richardson FROM: David 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: MARCH 5, 2003 ESTABLISHMENT: AMAIZEING FARM EVENTS, LLC DBA AMAIZEING FARM EVENTS, LLC 6723 WELD COUNTY ROAD 3.5 ERIE, CO 80516 Current license expires: NEW APPLICATION pp...*.......................................................................................................... �`l-y No concerns s' "`N Deputy's nitials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) ............................................................................................................ Please notify at Extension of the date and time of the Board of Commissioner's renewal hearing. (ictel6.-"N) MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board March 13, 2003 WIDC From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0050 Review of the following liquor license application by the Department of Planning Services shows the following: aMAIZEing Farm Events, LLC dba aMAIZING Farm Events, LLC 6728 CR 3.25 Erie, CO 80516 Zone District: Agriculture This use is permitted through a Use by Special Review (USR-1232) permit. The only potential violation occurring on the property is due to a Building Permit for the installation of a furnace (BCS-020551). In fact the Building Permit is in jeopardy of expiration due to the lack of any inspections. If inspected, approved and once the building permit has been finaled, no violations would be active on the property. c, C7 — D:7 r;;) a 'r • Fri C W SERVICE,TEAMWORK,INTEGRITY,QUALITY ESTHER Gesick RE aMAIZEing Farm Events LLC , Page 1 From: Pauline Schmidt To: ESTHER Gesick Date: 3/3/03 10:05AM Subject: RE: aMAIZEing Farm Events, LLC Esther, The review of our file on this establishment revealed that they have paid for their 2003 Retail Food License and they have no outstanding problems or violations at this time. If I can assist you further in this matter, feel free to contact me by email or voice mail (X 2223). Thank you, Pauline Schmidt CC: Cindy Salazar From: "Jill Henze"<jill@blackroofing.com> r- To: <charding@co.weld.co.us> t c Date: 4/2/03 8:48AM ('T-1 C Subject: FW: Amazing Farm Events -� i ^ . . ---Original Message From:Jill Henze [mailto:jill@blackroofing.com] Sent:Wednesday,April 02, 2003 8:45 AM To: 'dhogland@snavely.com' Subject:Amazing Farm Events Please accept this email as our request for additional information prior to the approval of the proposed liquor license. The following is a list of our concerns as neighbors of Amazing Farm Events. 1. How will the liquor being served being monitored in regard to the traffic on WCR 3 Y? What hours will this be applicable to? 2. Has the impact on the additional traffic on WCR 3% been addressed? The road is already damaged due to the heavy truck traffic from the mining operation, adding additional traffic with more events will further deteriorate the existing road. 3. This is a residential area,with the approval of liquor license will increase the amount of events mixing a business in a residential area. As it stands now,from August to October the amount of traffic increases tenfold, and the speed limit is not obeyed. There is currently no enforcement of the speed limit. Thank you for your consideration. Jill &Terry Henze 7253 WCR 3' Erie, CO 80516 303-651-7766 Dave Hogland 7257 WCR 3 '% Erie, CO 80516 303-774-1400 BOARD OF COUNTY COMMISSIONERS PHONE (970) 336-7204, EXT.4200 FAX: (970)352-0242 ' -- - P.O. BOX 758 GREELEY, COLORADO 80632 • COLORADO April 14, 2003 aMAIZEing Farm Events, LLC dba aMAIZEing Farm Events, LLC 1423 South Uinta Court Denver, Colorado 80247 _ RE: Report of Investigation for Colorado Liquor License Application aMAIZEing Farm Events, LLC Dear aMAIZEing Farm Events, LLC: On April 9, 2003, I traveled to the proposed licensed premises known as aMAIZEing Farm Events, LLC, located at 6728 Weld County Road 3.25, Erie, Colorado 80516. While there I made an on-site inspection regarding the Liquor License application filed. The application is for a Tavern Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on April 21, 2003, at 9:00 a.m. My inspection revealed the following: 1. The proposed licensed premises is not directly connected to a different licensed premises. Section 12-47-301(3)(a), C.R.S. 2. The diagram of the proposed licensed premises is correct. Section 12-47-309(3), C.R.S. 3. There are no other Tavern liquor licensed premises in the neighborhood. 4. The sign noticing the place, date, and time of the hearing for the liquor license application was posted by the applicant in such a manner that the notice was conspicuous and plainly visible to the public, when I was there at approximately 4:00 p.m. on April 9, 2003. 5. There are no public or parochial schools, or principal campus of any college, university, or seminary within 500 feet of the proposed licensed premises. Section 12-47-313(1)(d)(I), C.R.S. REPORT OF INVESTIGATION -AMAIZEING FARM EVENTS, LLC PAGE 2 • 6. The proposed premises has the capability of heating and serving sandwiches and other foods, as required by Section 12-47-103(22)(a), C.R.S. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELDD COUNTY, COLORADO Glenn Vaad, Commissioner cc: Bruce Barker, County Attorney • NOTICE DOCKET NO. 2003-31 Pursuant to the liquor laws of the State of Colorado, aMAIZEing Farm Events, LLC,dba aMAIZEing Farm Events, LLC, 1423 South Uinta Court, Denver, Colorado 80247, has requested the licensing officials of Weld County, Colorado, to grant a Tavern license for consumption by the drink on the premises only. DATE OF APPLICATION: January 16, 2003 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: LEGAL DESCRIPTION: All of Sections 29, 30, 31 and 32 of Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado The public hearing on said license will be held in the Chambers of the Board of County Commissioners of Weld County Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, on April 21, 2003, at 9:00 a.m.' If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if you require special accommodations in order to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. • Petitions and remonstrances may be filed in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 4, 2003 PUBLISHED: April 10, 2003, in the South Weld Sun , o is t -4: I' 1. 4 rtrV.. STATE OF COLORADO) ii,on.,, r` . - )s.s. '± COUNTY OF WELD ) t 1h A 19 ,,}}4 .�(. (1 # Y''Sg',C; P� Ruth Pelton-Roby, as manager of Pelton ,: .,,`" ', 'p® Publishing Company LLC, being duly a , sworn, states that it is publisher of the us. s South Weld Sun, a weekly newspaper ° ``.2 �. published in Keenesburg in said County o i + u N: and State; that said newspaper has a t eke A, µs. general circulation in said County and has T t been continuously and uninterruptedly i` " cs published therein, during a period of at t . 4 least fifty-two consecutive weeks prior to i ,ai • ,ifili a the first publication of the annexed notice; e �"q4liciiiiii,t Li that said newspaper is a newspaper �m2S y 4 glit '" within the meaning of the act of the nap.ea '- . 'm General Assembly of the State of ' erx VM^' "f�`' Cafgpq , r rr _` .. �:a# Colorado, entitled "An Act to regulate the The PuDl,F of said printing of legal notices and 1 tie advertisements" and amendments bra thereto; that the notice of which the . a+� Y �" : annexed is a printed copy taken from said Ebb, c ;;AA.4 newspaper, was published in said r-pnot Fta A@x: newspaper, and in the regular and entire issue of every number thereof, once a �j m -, week for I successive weeks; that it .. said notice was so published in said e• '. newspaper proper and not in any bna ?iti supplement thereof, and that the first 'ti".s� � publication of said notice as aforesaid, aae dCL H J was on the _)e) day of AmsOCa . „r Lies r 2003, and the last ' t ia� 2 '4 • rA ills .4th — ts on the day of 2003. at. '. , PELTON PUBLISHING COMPANY LLC ff " y n;a / � is '' VIL i4a By P)�1d' l/J_PS!)` -1(QC_ ik t.r.c 1� ilht'- r M, Ruth Pelton-Roby g4r':44:_e -0. rAP o d Its: Manager }....f.• � t m IIIaIYI�a � f 'If Subscribed and sworn to before me this max 't!, . ' ase ql 4t TO day of f 1 I 2003. r 4 1, "¢.r 4ink t g, PG Wt 4;, �` " Notary Publ. t� ", EL e .4, ; V. My Commis n ex�yir�sootni) 1107 'x004¢ ' , . ..., ,,( PPgAdy ""'., I DATER AAr 4.S. M1, -..- Iii '/'t j sLl 0 • � A � • Q tn% PUBLIC: , Op COQ ''------------.it Hello