HomeMy WebLinkAbout20010372 Received by ttk
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FINDINGS AND RESOLUTION
RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF LUZ ESTELA
TARIN, DBA TAQUERIA RANCHO ALEGRE, FOR HOTEL AND RESTAURANT
LIQUOR LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN
The application of Luz Estela Tarin, dba Taqueria Rancho Alegre, 2523 8th Avenue,
Greeley, Colorado 80631, for a Hotel and Restaurant Liquor License, came on for hearing on
the 5th day of February, 2001, 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 Luz Estela Tarin, dba Taqueria
Rancho Alegre, 2523 8th Avenue, Greeley, Colorado 80631, for a Hotel and Restaurant 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 Hotel and
Restaurant Liquor License for Luz Estela Tarin, dba Taqueria Rancho Alegre.
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 2001-03 to said applicant to sell malt, vinous, and spirituous liquor for consumption by
the drink on the premises only, 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 February 25, 2002,
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
OC APc// �U 200 C0045
HOTEL AND RESTAURANT LIQUOR LICENSE -TAQUERIA RANCHO ALEGRE
PAGE 2
conformity to all of the laws of the State of Colorado and the rules and regulations relating
thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado,
and any violations thereof shall be cause for revocation of the license.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of February, A.D., 2001.
BOARD OF COUNTY COMMISSIONERS
WELD CO , COLORADO
ATTEST: ELY r ,
�J a
M. J. eile, Chair
Weld County Clerk to the ,�r, /
%Po••
,` "lenn Vaa m BY: __Ctitintii ,
Deputy Clerk to the B*�
Willia�H. Jerke
AP OVED FORM:
D vide. on
\\\\al
C my ttorney
Robert D. Masden
2001-0372
LC0045
{ THIS LICENSE EXPIRES February 25 . 2002
-Ct
-41 LICENSE FEE
STATE OF )41" a COLORADO
COUNTY OF WELD
BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS
RETAIL LIQUOR LICENSE
FOR Hotel and Restaurant
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
TTji$ S to Certifp, That Luz Estela Tarin, dba Tadtieria Rancho Alegre
of the State of Colorado,having applied for a License to sell Malt, Vinous, and Spirituous
Liquors,and having paid to the County Treasurer the sum of Seventy-five and 001100
($ 75.00 )Dollars therefor,the above applicant is hereby licensed to sell Malt, Vinous., and
Spirituous Liquors containing more than 3.2%Alcohol by weight
by the drink for consumption on the premises only
(Insert"by the drink for consumption on the premises"or"in sealed containers NOT for consumption at place where sold.")
as a Hotel and Restaur.ant at 252 Erb Ayenugs Greeley CO 80631 in the County of
Weld,for a period beginning on the 24th day of February ,2001 , and ending on the 25th
day of February , 2002 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 Count Commissioners has hereunto subscribed its name by its officers
duly uthorized this_ 5 h_ _day of Februar ,- 2001
ATTEST: �� �� is '• The Board County Commissioners
ihz
Slaps. - -
I �y By
Deputy Clerk to the Board • { 'la, k(,4 (. T "4
C v,Board o County Commissioners
rl
�t r
THIS LICENSE MUST BE POSTED IN PUBLIC VIEW
DR 8402102/99)
STATE OF COLORADO
DEPARTMENT OF REVENUE
Liquor Enforcement Division
1375 Sherman Street
Denver,Colorado 80261
TARIN LUZ ESTELA
TAQUERIA RANCHO
ALEGRE
2523 8TH AVE
GREELEY CO 80631-8409
ALCOHOL BEVERAGE LICENSE
Liability Information
Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT
28-16911-0000 03 057 005812 I 022601 FEB 25, 2002
Type Name and Description of License Fee
1970 HOTEL AND RESTAURANT $ 50.00
LIQUOR LICENSE - MALT,
VINOUS, AND SPIRITUOUS
2190 COUNTY 85 PERCENT OAP FEE $ 425.00
TOTAL FEEIS) $ 475.00
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.
� 4 C MAR V0 Al 2001
Division Director KA Executive Director
DR 8404(06/97) Page 1 21
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR
1375 SHERMAN STREET OR 3.2%FERMENTED MALT BEVERAGE
DENVER 0080281
RETAIL LICENSE APPLICATION
EW LICENSE O TRANSFER OF OWNERSHIP O LICENSE RENEWAL
• ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
• APPLICANT MUST CHECK THE APPROPRIATE BOK(ES)
• LOCAL LICENSE FEE $
• APPLICANT SHOULD WAN A COPY OFTFE COLORADO LIQUOR AND BEER CODE(CaII 303-321-4164) DO NOT WRITE IN THIS SPACE
1. Applicant is applying as a
•Cnndividuel
❑ Corporation ❑ Limited Liability Company
❑ Partnership(includes Limited Liability and Husband and Wile Partnerships) ❑ Association or Other
2. Name of App1 (s)JI partnership,1�st ners'names(at least two);8 corporation.name of corporation
Luz Ecdei a 'Tar irn
2a.Trade Name of Establishment(DBA) 0trite Sales Tax No. gusiness Telne
"Mope nn 'Aa nc kin A lecire -1691(-Dom 0)3 8400-
3. Address of Premises(specify a location of premises)
'2523 8' Aue.
City County• State ZIP Code
GrPr es Welcl co 801p3
4. Mating Address (N bar and Street) City or Town State ZIP Code
Set 1r€_ c,..., e=,..,...e...___
5. If the premises currently have a liquor or beer license,you MUST answer the folbwtnq\questions:
Present Trade Name of Establishment(DEA) Present State License No. Present Class of License Present Expiration Date
"r&querin Poncho AICQ,fP
.. : ION:SECTA . APPUCAT1ONFEES `LaAB SECTIDND` :LIQUOR CEPi5 Eft
2340 ❑ Late Renewal Applcation Fee $500.00 190. O Retail Liquor Store License(city) $202.50
?MD .$Application Fee for New License d€A.99
.. 19ap. ❑Retail Liquor Store License(county) 287.50
20
20 ❑ Application Fee-New License Concurrent Review....750.00 19W-. O Liquor Licensed Drugstore (city) 202.50
2310 O Application Fee for Transfer of Ownership 550.00 sew:: O Liquor Licensed Drugstore (county) 287.50
' ' :SECTIONS r3.2%BEERLICENSE FEES 17 0 O Beer&Wine License (city) 326.25
2121 O Retail 3.2%Beer On Premises-(city) $71.25 1960 O Beer&Wine License (county) 411.25
2121 O Retail 3.2%Beer On Premises-(county) 92.50 1870', H&R License ❑city ['county 475.00
2122. O Retail 32%Beer O9 Premises-(city) 71.25 1990- ❑H&R License w/opt Priam O city ❑county 475.00
2122 ❑ Retail 3.2%Beer Off Premises-(county) 92.50 O Club License O city ['county 283.75
•
2123 O Retail 3.2%Beer Orbit Premises-(city) 71.25 2010. ❑Tavern License Ocity ['county 475.00
2123 O Retail 32%Beer On/Off Premises-(county) 92so 2020 ❑Arts License O city O county 283.75
SECTIONC RELA7E0FpE9 AND PElBBY$ 2030, O Racetrack License O city ❑county 475.00
2040 O Optional Premises License O city O county......475.00
2210-100(999)D Retail Warehouse Storage Permit $75M
1980-100(999)0 Adcition of Optional Premises lo existing hotel/restaurant '.1805 Retail Gaming Tavern Lic [Icily ❑county 475.00
$75.00 x Total Fee '1949 ❑Brew-Pub License 725.00
1970-750(999)'24Manegers Registration(hotel&restaurant only)...$75.00 O Other
No Fee 03.2%Beer ONON Premises Only Delivery Permit
No Fee O Retail Liquor Store Delivery Permit
DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY
tMeAJIY W WtaMTgN
County Clio : industry Time (Explra.11"ThnSWI Lamm Account Nieaper LbM1ty MY.
•750(999):. 2180 400(899) 219P 001 (999)'. -1970760(899)
c.roe Pim us c.0 N'S ner w.... .. TOTAL
2300.100... : 2310-100. -
-. (999) : . {999)
2001-0110
DR8404(0697} Paget
APPLICATION DOCUMENTS
CHECKLIST AND WORKSHEET
Instructions:This check list should be utilized to assist applicants with filing all required documents for licensure.All documents must
be properly signed andcorrespond 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.
ITEMS SUBMITTED,PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED
I. APPLICANT INFORMATION
❑ A. ApplicanVLicensee identified.
❑ B. State sales tax license number listed or applied for at time of application.
❑ C. License type or other transaction identified.
❑ D. Return original&2 copies 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 I1'.
❑ 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 8 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 it 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. UMITED 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 UCENSES WHEN INCLUDED WITH THIS APPLICATION
❑ A. $75.00 fee.
❑ B. Individual History Record(DR 8404.1).
DR 8404(08/97) Page3
6. Is the applicant(including any dine partners,it a partnership;members or manager if a limited liability company;or officers,stock- Yes {Jo
holders or directors it a corporation)or manager under the age of twenty-one years? ❑ layr
7. Has the applicant(including any of the partners,if a partnership;members or manager it a limited liability company;or officers,
stockholders ordirectors if a corporation)or manager ever(in Colorado or any other state); ,.A.
(a) been denied an alcoholic beverage license? Elg
(b) had an alcoholic beverage license suspended or revoked? 0 p
(c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ❑ to
II you answered yes to 7a.b or c,explain in detail on a separate sheet
Be. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the or
preceding two years?If'yes.'explain in detail. 0 g
Ob. Has a 3.2 bear license for the premises to be licensed been denied within the preceding one year?If'yes,'explain in detail. ❑ S
9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of 0 $
Colorado law,or the principal campus of any college,university or seminary?
ID. Has a liquor or beer license ever been issued tome applicant(including any of the partners,it a partnership;members or manager if a
limited liability company;or officers.stockholders or directors it a corporation)?If yes,identity the name of the business and list any ❑ 1g
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? Egl 0
0 Ownership 0 Lease 0 Other(Explain in Detail)
a.If leased.list name of landlord end tenant,and date of expiration.EXACTLY as they appear on the lease:
Landlord Tenant Expires
Attach a diagram and outline the area to be licensed(including dimensions)which shows the bars,brewery,walls,partitions,entrances,exits
and what each room shall be utilized for In this business.This diagram should be no larger than B 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,fumiture or equipment to or for use in this business;or who wM 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 insln/ments,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. N / A 0 0
Number of separate Optional Premises areas requested.
14. Liquor Licensed Drug Store applicants,answer the following:
(a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of si
A Yes No
Pharmacy?COPY MUST BE ATTACHED. 1 A 0 0
15. Club Liquor License applicants answer the following and attach:
(a) Is the applicant organization operated solely for a national,social,fraternal,patriotic.poitical or athletic purpose and 0 0
not for pecuniary gain?
(b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which Is N/ A 0 0
operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain?
(c) How long has the dub been incorporated? (d) How long has applicant occupied the premises
(Three years required) to be licensed as a dub?(Three years required)
16. Brew-Pub License Applicants answer the following:
(a) Has the applicant received or applied for a Federal Brewers Notice? N/ A 0 0
(Copy of notice 1 ,or�application must be attached)
17a. Name of Manager W7 ersie..1a Toy L n (If this is an application fora Hotel Date of Binh Hotel Restr.Lic.
YD No
and Restaurant License,the manager must also submit an Individual History Record(DR 8406-p. at0
17b.Does this manager act as the manager of,or have a financial interest in,any other liquor Yes No
licensed establishment in the State of Colorado? If yes,provide name,type of license and account number. 0 N.
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(LW)or managing members(LLC)and any other persons with a 10%or greater financial interest ❑ mc�
in the applicant currently have an outstanding tax distraint Issued to them by the Colorado Department of Revenue?
It yes,provide an explanation and include copies of any payment agreements.
0140404(0897) 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 DATE OF BIRTH POSITION %OWNED
Additional Documents to be submitted by type of entity
❑CORPORATION ❑ Cart of lncerp. ❑ Carl of Good Standing(ii more than 2 yrs.old) ❑ Cert.of Auth.(if a foreign corp.)
❑PARTNERSHIP ❑Partnership Agreement(General or Limited) ❑Husband and Wife partnership(no written agreement)
❑LIMITED LIABILITY COMPANY ❑Articles of Organization ❑ Cert.of Authority(ti foreign company) ❑Operating Agrml.
❑ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties
Registered Agent(If applicable) Address for Service
e.•;;;,;'.., zz x �4140-1; zx tas{ if=1 Lr 131 i.1 k i !..
Ij'le[dB18 OrrderpegaryNP,d7ufl{be gec444.41reGl68t≥ I,arllA►, +r aeidi# + M,1ki�:Diller%,Sdcan WWJ.
�6 i*SeMafr t+bwr ipe�4a acknotbte if is'+n* erW a*ttlioriiiefultofm onspiordes4,..
corm*wfsthepw a+.a 9raircues r 'R
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zed?nature Title Date
:47-,
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REPORT ANO APPROVM.or LCCA".UCEN9iriG A1h7H_LL:-____,
�YY( AAII i1NTY)
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 1247411(1))C.R.S.
/0 - e27-20 00
Each person required to file DR 84041: Yes No
a.Has been fingerprinted ® O
b.Background investigation and NCIC and CCIC check for outstancin g warrants conducted E O
c.The liquor licensed premises is ready bu occupancy and has been Inspected by the Local Licensing Authority. E O
If'no;the building will be completed and ready for inspection by
ISM)
The foregoing application has been examined;and the premises,businessto be conducted,and character of the applicant are satisfactory.
We do report that such license,i. -• will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants,
and will comply with the p• �� • Article 46 or 47,C.R.S. THEREFORE,THIS APPLICATION IS APPROVED.
c��' J��
Local Licensing Authority -� •s - ` ]�J ►` Telephone Number ❑ TOWN.CITY
,,. f ado (970)356-4000 X4200 1g COUNTY
S1enjtyjjv I ;: _ �Ciil M. J. Celle, Chair, Weld County Date
-��1// �/,tt� 5!! Board of Commissioners 02/05/2001
Signet aft �, it; p1 Date
.a, ! n� ``,I dd/�Jd ,,,i , Deputy 02/05/2001
If premises are located within.0x.--41-k, '—above approval should be signed by the mayor and clerk,if in a county,then by the chairman
of the board of county commissioners and the clerk to the board.If,by ordinance or otherwlse,the local licensing authority is some other official,
then such approval should be given by such official.
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DR 8404-i(02/94)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
1375 SHERMAN STREET
DENVER CO 80261
INDIVIDUAL HISTORY RECORD
To be completed by each individual applicant,all general partners of a partnership,all limited partners owning 10%(or more)of a
partnership;all officers and directors of a corporation,all stockholders of a corporation owning 10%(or more)of the stock of such
corporation;all limited liability company MANAGING members,or other limited liability company members with a 10%(or more)
ownership interest In such company and all managers of a Hotel and Restaurant license.
NOTICE:This individual history record provides basic information which is necessary for the licensing authorities investigation.ALL questions
must be answered in their entirety.EVERY answer you give will be checked for its truthfulness.A deliberate falsehood will jeopardize the
application as such falsehood within itself constitutes evidence regarding the character of the applicant.
1.Name of Business Date Social Security Number(s)
T7ctuer(a Rancho Merye 4-.17- OC) `
2.Your Full Name(last,first,middle) 3.Also Known As(maiden name/nickname,etc.)
Tarin 1.1-IL esia1Q
4.Mailing Address(if different from residence) Home Telephone 5b(p- ((Oa
2523 8-"' Aue (04050(p- ttge)
5.Residence Address(street and number,city,state,ZIP)
2421 vi•25Th 5+,
6.Date of Birth Pace of Birth 7.U.S.Citizen?
El aso . ark igi Yes 0 N
If Naturalized.state where When Name of U.S.District Court
Naturalization Certificate Number Date of Certificate — If an Alien,Give Mien's Registration Card Number Permanent Resdence Card Number
e.Height Weight Hair Color Eye Color Sex .Race 9.Do You Have a current Driver's License?8 yes,give number,8 state
5'8" I30 rkn__ `firn • r tiS pan IC— Yes L_I No / (
10.Name of Present Employer 11.Type of Business or Employment
gel-E' ern� _ Fcsi* Foc a Pies-Eau ra n+
12.Address of Busin s Where Employed(street number,city,state,ZIP) Business Telephone
2.52 am Ave . (4cet\e'_t cc, --cr c I k41b).34t,- , oco�-
13.Present Position
(toner
14.Marital Status 15.Name of Spouse(include maiden name if applicable)
Married .Adrian D • ZQrfn
16.Spouse's Date of Binh ,.S..ouse's Place of Birth -
. -uranAn._1..._MextQC)
17.Spouse's residence address,it different than yours(street end n Wilber,city,state,ZIP)
2y21 (u)• 25Th g+•
18.Spouse's Present Employer Occupation
lluert a Mnc ha A(ec�(e Cook
19.Ad ress of Spouse's Present Employer
25 23 gm Ave -
20 List the name(s)of all relatives working in or having a financial interest in the liquor industry.
NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER
Jesus-1-4r in Jcoihec-in- lat.o amine (Ai aeb(o The nv.P tr , C c, .
'Taqa�uGi44
4xnu'e( 'Grin _._.if none( l,cLrscl'o Maps FC MO roan Co -
21.Do you now,or have you ever held a Stale of Colorado Liquor or Beer License or loaned money,furniture,fixtures,equipment or inventory,to any Colorado Liquor or Beer
Licensee?If yes.answer in detail
•
yl‘Yes ❑ No TCI.gtk#f;A Vaf1C-No M i rt bri_ _•DLSJ.I €571, e 4k- A Gordta C&4 6 Ti to,' Llc_a_;1St: ¶ &t fe1�C f ( J 2n
CONTINUED ON REVERSE SIDE
DR 8404-I(2/94) Page 2
22.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court?(Do not include traffic
violations,unless they resulted in suspension or revocation of your driver's license.or you were convicted of driving under the influence of drugs or alcoholic beverages.)If yes,
explain in detail.
❑ Yes No
23.Have you ever received a violation notice,suspension or revocation for a liquor law violation,or been denied a liquor or beer license anywhere in the U.S.?If yes,explain in detail.
❑ Yes ''No _-
24.Military Service(branch) From To Serial Number Type of Discharge
25.
List all addresses where you have lived for the past five years. (Attach separate sheet if necessary)
STREET AND NUMBER CITY,STATE,ZIP FROM TO
W3u s .Cgpress Ate Sa Co gz-to3 q(qq 1q
voo4 'In hie t Oier_lt%cq ca Soco3 7Q'7 iyc
» l�l tJ 25m sr' c eeiaq Co80&31 Igg1 srf
26.
List all former employers or businesses engaged in within the last five years.(Attach separate sheet If necessary.)
NAME OF EMPLOYER ADDRESS(STREET,NUMBER,CITY,STATE,ZIP) POSITION HELD FROM TO
C A . Siak Pfe scMrot =rericherAdit KY/ tae!
-FquP.ria r nc Alegre 221 91'r^_ Ave_*-k_ ___ OcasbiitC___ fu�
liquerick Qancho Alegu 25,2,3-_ but ytiva Presen-ki
27.What is your relationship to the applicant?(sole owner.partner,corporate officer,director,stockholder,member or manager)
28.If stockholder,number of shares owned beneficially or of record Percent of outstanding stock owned
29.If partner,stale whether LJ General ❑ Limited Percent of Partnership Owned II Limited Liability Company(percent owned)
30.Total amount you will invest in this business.Including notes,loans,cash.services or equipment,and operating capital.(Reg.46-106.1 and Reg.47-107.1)
Amounts
3t' Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names,
account numbers and the amount derived from such source.Also identify all persons authorized to sign on,
or who are part owners of said account.(Attach copies of all your notes or loans used in or for this business.)
Amounts Sources-Account Numbers Names on accounts or person who can
si ng on this account
•
$9_2.00 'hank One ( Luz a-bla-r n kir Ian-Tart rl
$
$
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.
Authodzed Signature Title Date
Ill"fhb Ifi.u-.bums Ozone I. t- - EPO
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Dears sports Saloon
2519 8th Ave.
P'pRIev: CO 80631
A140-10 COMMERCIAL LEASE
R140-04
This lease is made between -, �,y,{Qft_., 6"
of .74 .2/ L(J :2S " $ sc
herein called Lessor, and ! z7. L�e �l' z-c-�� , of
26-)• n25"' j{ herein called Lessee.
Lessee hereby offers to lease from Lessor the premises situated in the City of J Ley County of i:t.kJc/ reve,/y, State of ec/4- a etc , described as 4-4 „ ,e/ 7
pc'ei/4 frirdjc W64(c;, / ,-�ithyeirip /J4 upon the following TERMS and CONDITIONS:
1. Term'/ and Rent. Lessor demises the move premises for a term of /22,--e—, years, commencing
61,6 / ,.J Yi (year), and terminating on ('-•b(/ ,2,-O6- (year),or
sooner as provided herjn at the annual rental of
y5�7 x/59, Dollars ($ /,3 [p Ocl ) , payable in equal installments in advance on the
first day oreach month for that month's rental, during the term of this lease. All rental payments shall be made to
Lessor, at the address specified above. \
2. Use. Lessee shall use and occupy the premises for /ga4 4/e/i i'L. e77iSwtestn) . The premises
shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose.
3. Care and Maintenance of Premises. Lessee acknowledges that the premises are in good order and repair, unless
otherwise indicated herein. Lessee shall,at his own expense and at all times, maintain the premises in good and safe
condition, including plate glass,electrical wiring, plumbing and heating installations and any other system or equip-
ment upon the premises and shall surrender the same, at termination hereof, in as good condition as received, normal
wear and tear excepted. Lessee shall be responsible for all repairs required,excepting the roof, exterior walls, struc-
tural foundations, and:
,which shall
be maintained by Lessor. Lessee shall also maintain in good condition such portions adjacent to the premises, such
as sidewalks, driveways, lawns and shrubbery, which would otherwise be required to be maintained by Lessor.
4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, addi-
tions, or improvements, in, to or about the premises.
5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal,
state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises,occasioned
by or affecting the use thereof by Lessee.
6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior
written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without
consent shall be void and, at the option of the Lessor, may terminate this lease.
7. Utilities. All applications and connections for necessary utility services on the demised premises shall be made
in the name of Lessee only, and Lessee shall be solely liable for utility charges as they become due, including those
for sewer, water, gas, electricity, and telephone services.
S. Entry and Inspection. Lessee shall permit Lessor or Lessor's agents to enter upon the premises at reasonable
times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within
sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "To Let" or "For Lease"
signs, and permit persons desiring to lease the same to inspect the premises thereafter.
9. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall
not be liable for any damage caused thereby, nor shall this lease be void or voidable, but Lessee shall not be liable
for any rent until possession is delivered. Lessee may terminate this lease if possession is not delivered within
days of the commencement of the term hereof.
10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person,
or to any property,occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless
from any claims for damages, no matter how caused.
11. Insurance. Lessee, at his expense, shall maintain plate glass and public liability insurance including bodily
injury and property damage insuring Lessee and Lessor with minimum coverage as follows:
Lessee shall provide Lessor with a Certificate of Insurance showing Lessor as additional insured. The Certificate
shall provide for a ten-day written notice to Lessor in the event of cancellation or material change of coverage. To
the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee, Lessee and Lessor,
for the benefit of each other, waive any and all rights of subrogation which might otherwise exist.
o 1992-2000 E-Z Legal Forms,Inc. Rev.6/00
This product doer not constitute the rendering of legal advice or sect ices.This product is intended for informational use only and is not a substitute for legal
advice.slate law Cary,so consult an attorney on all legal matters.This product was not necessarily prepared by a person licensed to practice law in this state.
AMA
12.Eminent Domain. If the premises or any part thereof or any estate therein,or any other part of the building mate-
rially affecting Lessee's use of the premises,shall be taken by eminent domain, this lease shall terminate on the date
when title vests pursuant to such taking. The rent, and any additional rent, shall be apportioned as of the termination
date, and any rent paid for any period beyond that date shall he repaid to Lessee. Lessee shall not be entitled to any
part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fix-
tures and improvements owned by Lessee, and for moving expenses.
13. Destruction of Premises. In the event of a partial destruction of the premises during the term hereof, from any
cause,Lessor shall forthwith repair the same,provided that such repairs can be made within sixty(60)days under exist-
ing governmental laws and regulations,but such partial destruction shall not terminate this lease,except that Lessee shall
be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the
making of such repairs shall interfere with the business of Lessee on the premises. If such repairs cannot be made with-
in said sixty(60)days,Lessor,at his option,may make the same within a reasonable time,this lease continuing in effect
with the rent proportionately abated as aforesaid,and in the event that Lessor shall not elect to make such repairs which
cannot he made within sixty (60)days, this lease may be terminated at the option of either party. In the event that the
building in which the demised premises may be situated is destroyed to an extent of not less than one-third of the
replacement costs thereof, Lessor may elect to terminate this lease whether the demised premises be injured or not. A
total destruction of the building in which the premises may be situated shall terminate this lease
14.Lessor's Remedies on Default. If Lessee defaults in the payment of rent, or any additional rent, or defaults in
the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default
and if Lessee does not cure any such default within _3O days, after the giving of such notice (or if such other
default is of such nature that it cannot be completely cured within such period, if Lessee does not commence such
curing within such .3Q days and thereafter proceed with reasonable diligence and in good faith to cure such
default), then Lessor may terminate this lease on not less than .3(p days'notice to Lessee. On
the date specified in such notice the term of this lease shall terminate, and Lessee shall then quit and surrender the
premises to Lessor, but Lessee shall remain liable as hereinafter provided. If this lease shall have been so terminat-
ed by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove
Lessee or other occupants and their effects. No failure to enforce any term shall be deemed a waiver.
15. Security Deposit. Lessee shall deposit with Lessor on the signing of this lease the sum of
`-e/fit e Wee rlifcr, r/ ce'c Q4-1-ss J- Dollars ($ / , 5 °(:) ) as
security for the performance of Lessee's obligations under this lease, including without limitation the surrender of
possession of the premises to Lessor as herein provided. If Lessor applies any part of the deposit to cure any default
of Lessee, Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit
on hand at all times during the term of this lease.
16.Tax Increase. In the event there is any increase during any year of the term of this lease in the City, County or
State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this
lease commences, whether because of increased rate or valuation, Lessee shall pay to Lessor upon presentation of
paid tax bills an amount equal to % of the increase in taxes upon the land and building in which the leased
premises are situated. In the event that such taxes are assessed for a tax year extending beyond the term of the lease,
the obligation of Lessee shall be proportionate to the portion of the lease term included in such year.
17. Common Area Expenses. In the event the demised premises are situated in a shopping center or in a commer-
cial building in which there are common areas, Lessee agrees to pay his pro-rata share of maintenance, taxes, and
insurance for the common area.
18.Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or
because of any act which may arise out of the possession of the premises, by either party, the prevailing party shall
be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee.
19.Waiver. No failure of Lessor to enforce any term hereof shall be deemed to be a waiver.
20.Notices. Any notice which either party may or is required to give, shall be given by mailing the same,postage pre-
paid,to Lessee at the premises,or Lessor at the address specified above,or at such other places as may be designated by
the parties from time to time.
21. Heirs,Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs, assigns and suc-
cessors in interest to the parties.
22. Option to Renew. Provided that Lessee is not in default in the performance of this lease, Lessee shall have the
option to renew the lease for an additional term of&t? months commencing at the expiration of the initial lease
term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent
shall be the sum of$ SGT, 0 .The option shall be exercised by written notice given
to Lessor not less than days prior to the expiration of the initial lease term.
If notice is not given in the manner provided herein within the time specified, this option shall expire.
23.Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against
the property.
24. Radon Gas Disclosure. As required by law, (Landlord) (Seller) makes the following disclosure: "Radon Gas" is
a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been
found in buildings in cat?a nee) .Additional information regarding radon and radon testing may be obtained
from your county public health unit.
25.Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only
by a writing signed by both parties. The following Exhibits, if any, have been made a part of this lease before the
parties' execution hereof:
Signed this /34-day of tr7-64722a-2 , -Zz9G°tye r.
By� C/ Gt�Jv`_ Lessor By:://�/10r. Lessee
1
CLERK TO THE BOARD
' C PHONE (970)356-4000, Ext. 4225
FAX: (9P. O. BOX 758
70)352-0242 GREELEY, COLORADO 80632
COLORADO
February 16, 2001
Luz Estela Tarin
dba Taqueria Rancho Alegre
2523 8th Avenue
Greeley, Colorado 80631
RE: Liquor License
Dear Ms. Tarin:
Upon review of your Liquor License Application, the Colorado Department of Revenue, Liquor
Enforcement Division, stated the Warranty Deed lists both Arian 0. Tarin and yourself as
grantees. However, a liquor license applicant must show proof of lease if not the sole owner of
the property; therefore, the State has requested a lease of the property between Adrian O.
Tarin and yourself. Upon receipt, your application will be further processed.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 356-4000, Extension 4226.
Sincerely,
Esther E. Gesick
Deputy Clerk to the Board
P 387 471 841
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOP INTERNATIONAL MAIL
(See Reverse)
in Sent to
4
(.uz E$TE7A -Meal
rt Street and No.
425,23 8TH Aue&uc
d
a P O State and ZIP Code
G&°6-ECf Y , to 8063
J Postage S
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
in
, Return Receipt showing to whom.
Date.and Address of Delivery
.
j TOTAL Postage and Fees_ S
O '
mo Postmark or Date
M
LL .2 /(all0O/
In
a
0 SENDER:
also wish to receive the
V •Complete items 1 and/or 2 for additional services.
•Complete items 3,4a,and ab following services(for an
4.1 m •Print your name and address on the reverse of this form so that we can return this extra fee):
card to you. 111
m •Attach this form to the front of the mailpiece.or on the back if space does not 1.O Addressee's Address
I-
•permit
Write Receipt Requested"on the mailpiece below the article number 2.O Restricted Delivery N
•The Return Receipt will show to whom the article was delivered and the date
delivered. Consult postmaster for fee. 481
o 3.Article Addressed to: 4a.Article Number a
Luz ESTELA TAEJt4 t"' 387 4471 BU( 0
°.
E \8A 4b.Service Type 15
W 7AQuEEM RHNC1y y3� ALE6c ❑ Registered o r.� r�.T g Certified
o € 52 3 8TH
A t/ExpaE1 El Express Mail El Insured �
cEEasy, Co 8O431 O Return Receipt for Merchandise CI COD
7. Date of Deily o
5. Received By: (Print Name) 8.Addressee's Address (Only if requested x
and fee is paid) m
-C
6.Signature: (Addressee or_FA ent) �rt
oo X C- l>ioC i/-
T
32 PS Form 3811,December 1994 102595-9e-e-0229 Domestic Return Receipt
ESTHER Gesick; Luz Tarin Page 1
From: BRUCE Barker
To: EGESICK
Date: 2/12/01 3:18PM
Subject: Luz Tarin
In addition to saying she had no knowledge of ever calling up here to discuss the Luz Tarin case, Sabrina
from State Liquor opined that"it is very easy to do a lease." Sabrina stated that the State requires there
to be a lease between Luz and her husband. I suggest, however, that she can either do a lease (must be
more than 1 year)or she may have her husband quit claim deed the property to her. Seh will need to
accomplish either alternative. I cannot assist her in writing the lease or the quit claim deed. Bruce.
-
2726111 10!1911999 04.09P JA Suq Teulamoto
1 of 1 R 510 D 1410 Weld Comity CO
G'►
WARRANTY DEED
THIS DEED, Made this 1st day of October, 1999 between
Fairhaven, LLC, a Colorado Limited Liability Company
of the County of Weld and
State of Colorado, grantor, and
Adrian 0. Tarin and Luz BRtele Terin
whose legal address is 2525 South 8th Avenue, Greeley, Colorado 80631
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sus of ONE HUNDRED FORTY
EIGHT THOUSAND AND 00/100, (8148,000.00) Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
jet presents does grant, bargain, sell, convey and confirm unto the grantees, their hairs
and assigns forever, not in tenancy in common but in JOINT TENANCY, all real property,
/7 together with improvements, if any, situate, lying and being in the County of Weld
and State of Colorado, described as follows:
Lots 6 and 7, Block 11, First Addition to Arlington Park, a Subdivision of Weld
County, County of Weld, State of Colorado
also known by street and number as 2525 South 8th Avenue, Greeley, Colorado 80631
TOGETHER with all and singular the hereditament* and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained premises, with the hereditanents and appurtenances.
TO NAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantees, their heirs and assigns forever. And the grantor,
foghimself, his heirs and personal representatives, does covenant, grant, bargain,
and agree to and with the grantees, their heirs end assigns, that at the time of the
*nestling and delivery of these presents, he is wall seised of the premises shove
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the erne in manner and fora aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
sasnts, encumbrances and restrictions of whatever kind or nature salver, except
general taxes for 1999 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
in the quiet and peaceable possession of the grantees, their heirs and assigns,
egeinst all and every person or persons lawfully claiming the whole or any part
thereof.
The singular number shall include the plural, the plural the singular, and the use
of any gender shall be applicable to all ganders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
Fairhaven, LLC, a Colorado Limited
Liability Company
B
Fra Tuenge, Agent
STATE OF COLORADO
} ss. The foregoing instrument was acknowledged before
County of Weld } me this 3"1h day of September, 199
by Fran Tuengue,AW4adet�t'.•r Fairhaven, LLC, a Colorado Limited Liability Company
/ .
. ,
4 •
Witness my hand and official seal.
nl ' •(. My commission expires August 9, 2003
•3 •
n is
may, ,SS
v NOTARY PUBLIC
1113 Tenth Avenue
No. 921A. Rev. 3-85 Greeley, Colorado 80631
11111111111111111111111111111111111111111111111111
1 oot 6 R 25.00 1011311999 0.00 Weld Coo JA ts*CO lwngtg
DEED OF TRUST
c9+3
ADRIAN O. TURIN ADRIAN O. TARING
LOT ISTRLA TARIN LOI ISTELA MAIN
a ' ._.
2421 WEST 25TR S'T'ART'!' 2421 NEST 25TH STRAIT
�f H� CO 80631 CO 8063}
. a,tea yikrtR4 ,;t a , . " ' inerreleinelir ;
TMarn' NNW COUTTT PUBLIC TNUBTII
_ 1020 9TH STREET. *202 OEELLY, CO 80631
In aenYderanon of the loan or other credit acconmodanon heeefneter epedtled and any future Seances or future Obligating,r defined
herein,'ditch may hereafter be error or incurred and the true hereinafter mentioned and other good and valuable consideration,the receipt
end sulfldenoy of which we hereby r • ..ed.Grantor hereby krevooebly T. alew bargains.sells,trrufes,grams,coneys and assigns to Trust,
and
hie successors a anions.In pub for RIR= OnsDN1RITP Lwnr+a__ia a 2721 ...tyros.AVM=PORT COLLINS. CO 805 25-216 0 Clasen,the
beneficiary under this Deed of Trust,with power d sale and right d bey and donation ail of Grantor's present and future estate,right,title and
Interest in and to the real property described In Schedule A which Is attached to the Deed of True and Incorporated herein by nos reference,
together with all present and future improvement,and year; all tangible personal property including without IImireMon all medhinery,
equipment building r4dals,and goods of every nature(secluding consumer goods)now or hereafter boated an or used In connection with the
real property,whether or not affixed to the lend:all privileges,heredhamente,and appurtenances inuring all development rights aesodefad with
the real property,whether preciously or subsequently tendered to the real property from other real properly or now or hereaMr susceptible of
trawler ham this reel property to other real property;all leans,licenses and other agreements;all rents.Issues and profits;all wand,well,ditch,
reservoir and mental rights and stooks pertaining to the reel property(cumulatively'Property');to have and to hold the Property and the rights
hereby granted for the use and benefit of Trustee,his successors and regret unto payment In full of all Obligations secured hereby.
Moreover.In further consideration,Grantor does,for Grantor and T¢antor'a heirs,repreesnhevea successors,and assign.hereby expresely
warren,covenant,and epee with Lender end Trues and their successors and assigns se Idiom:
I. OBLIGATIONS.Thl Deed of Trust shell secure the payment and performance of all present and stun Indebtedness,liabilities.obligations and
covenantsal Borrower or Grantor(cumulatively'Obfigatloni')to Lander pursuant to:
(sirs Deed of Trust and the tollowing promissory non and other agreements:
tIeT81l7T'- aNpelN/ RrRpRIW' .#g,itrlRT''4. NiT r T sYeMiNh,-1
. •' RITZ` :. '� �)JqT Is't a91nT..C4TR "-. . WTR ..' SthlaltiRl i'
VARIABLE $122,114.40 10/01/99 10/01/19 160619 2252281516
(b)at other present or future,weir agreements with Lander that refer epecHriy to this Deed of Trust(whether executed for the same or
dierard purposes than the Iregdnp);
(C)any guaranty of obligations of other parties given to Lender now or hereafter executed that reed to Me Deed of That
(d) funs advances.whether obligatory or optional.to the same extent as B made conhmparreaueiy with the'tendon of this Deed of True.
made or esanded to or on behalf of Grantor or Borrower. Grantor agrees that If one of the Obligations'saline of credit,the len of this Deed of
Trial rail continue unit payment In fug of at debt due under the Ine nohrithatsadng the fact that from lime to tins But before termination el
the line)no balance may be outstanding.At no time shall the lien of this Deed of inset not Including eves advanced to protect the rainy of
this Deed of Trueb exceed$ 122 114 40 :end
Niel emenManb.eaeensne,renewals.modifications,replacements or substitutions to end t a foregoing.
M urd in this Paragraph 1,the toms Grantor end Borrower shall include and also mean any Grantor or Borrower 8 more Than one.
2. REPRESENTATIONS,WARRANTEEMID COVENANTS. Grantor repeeerM,wenerd and covenants to Lander tai:
(a) Grantor has fee simple marketable Menthe Property and shall maintain the Properly free of all Pere,security interests,encumbrances
and claims except for this Dead of Trust and those described in Schedule B.which is attached to this Dead of Trutt and incorporated herein by
reference,which Orenlor agreesto payed petrm in a timeymnner;
(b) Grantor is in compliance in all reeds with all eppece r federal,kale and local Si.and regulations,Including,without limiMion.those
relating to Ilssardous Materials.'a defined herein,and other environmental Mailers Ohs Environmental laws'),and neither the federal
government nor any other governmental or quad governmental entry has filed a ten on the Properly,nor are there any governmental,judicial
or administrative actions with reaped to environmental mates pending•or to the best d the Grantor a knowledge.threatened,which Involve
the Property. Neither Grantor nor,to the best of Grantor's knowledge,any other pry has used,generated,reused.discharged,shred,or
disposed of any Hazardous Materials as defined herein,In connection with the Property or transported any Hannon Materials to or from the
Property. Grantor shall not commit or permit aid scions to be than in the fubae.The term'Hennas Materiels'shell mean any substance,
metrial,or wale which is or becomes regulated by any govemme t l authority Indudkp,but not limited to.(1)petroleum;QS friable or
nonfrtable asbestos;Oil)polychlorinated biphenyl Qv)those imbalances,Materials or wades designated Se a'hazardous substance'pursuant
to Section 311 of the Clean War Act or need punier to Senn 3070f the Clean Water M or any amendments or replacements to these
statutes;(v)thou substances,materials or water defined as a'hazardous waits'pursuant to Section 1074 of the Resource COneerdbn and
Recovery Act or any amendments or replacements to that statute)and M)these substances,materials or wales defined as a llezerdous
substance'poem to Section 101 of the Comprehensive Fmkonnents Response.Compensation end Debility Jet,or tiny amendments or
replacements to that statute or any other similar stale or Newel beat,rule,regdrlen or erdinanee new or hereafter In efface. Grantor shell
not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination of the Property with
Heardar Materna or tanks substerwse;
(o)M applicable Wes and regulations,IrddIg,without limitation,the Americans with Dteablltles Aced 42 U.SC.Section 12101 et seq.end all
regulations promulgated thereunder)and all zoning and bulking laws and regulations relating to the Property by virtue of any federal.rate or
municipal authority wed)urledicdon over the Property,presently an and shall be observed and complied with in all material rpecn,and all
rights.Ibenteea,permits,end certificates d occupenoy Onduding Out riot limited to zoning variances,special exceptions for nonconforming
uses,and fine Inspection approvals),deter temporary or permanent,which we mesadal to the use and occupancy d the Property,presently
NO end shall be obtained,preserved and,where necessary,renewed;
Then rd�or hhrtNright a�selduty authorized to execute and period a Obligations under Ws Deed of Trust and these actor do not red
any statute,regulation,ordinance,rule of law,contract or other agreement whin may be binding on
Grantor at s ytime,
(e) No action or proceeding is or shed be pending or threatened whin might maternity affect to Property;and
(f) Grantor has not violated and that not violate any Mdute,repletion,ordnna,rule of law,convect or other agreement(nduding,but not
limited to,those gowning Hazardous Materials)which might materially aced the Property or Lender's rights or harm in the Pro
pursuant to its Dead of Trust. T
tpcarr Ode Ft nencroe.Pion)etc wane Prse tae 0J• MIS
1111111111111101111111111 IIII 11111 III Plan
2725613 10/13/1199 04:09P JA Sek Tnlmmoto
2 of 6 R 26.00 0 0.00 Weld County CO
1 PRIOR DEEDS OP TRUST. Gregor remounts and warrants that there are no prior deeds of bust affecting any pest 01 the Properly except at
set tor%on Schedule B attached to this km of Trust,which Grantor knew to pay and perform in a timely mwxrr. !these ere any prior deeds of
trust then Granter kegs le pay all amounts owed,and petone all obligations required,under such dike of net end the Indebtednese ponied
(hereby aid further greesmat e dolma under any poor deed of bud shed be ad ult under this Deed of Trust end shell entitle Lander to all rlprd,
and remedies contained herein or in the Obligation'to which Lender would be entitled In the wore of an other default.
&TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS In the want al a sale,conveyance,leap,
contact for deed or banefer to arty person of all or any part of the real property described in Schedule A.or any Interest therein.or of all or any
beneficial intense in Borrower or Grantor(If Borrower or Granter is net a natural preen or peek but lea Corporation,kited Ilebay compeM,
th
ereon mend�lr other
and Under may,at Its option declare the outstanding principal Since of the Obligations plus accred Interest
y payable. M Lender's requubeeAsttt,Grantor or Borrower,as the cm and the extent of ever eeeOmay be,shall Iumish a complete
statsuch lames and ement eettag MENT OF in ation of thi eed by MI Deed al Tbe Grantor anolidef Wan,tO Lender
aallth ea of It'thentholders,members,or partner",ea Gmm ownership intent.
hiMS right,t M,Interest,reclaim and emend now owned or Mndbr adN�iIni existingnke the Laud future BpM cos the the
IHmm��teri
(Including extensions.renewals fed Nbleasea)..walwagreements for use and occupancy of arty written or oral,au hereafter nlarnd South' 7,and all guaranis,of lessees'performance
end continuing right ce to collect end rent al of the rams,Income,
epe.revenue',Issues,profits Income and other Income of any nature now or
h eraSr due(Inducting ray Income of and nature coming due during any redemption paned)under the Leans or from or arising out of the
Property including minimum rents,additional rents,p:r.asp rents,peeking or common area maintenance contributions,tax and insurance
conbelone.deficiency rents,liquidated damages forking Mktg in any Lew,all proceeds payable under any poky of insurance carting loss
of rents renting from untenanBWlity caused bydestruction or damage to the Property,and poords payable as Is resat of a teem'e exralr of en
option to purchase the Property,all proceeds derived front the termination or election of any Lases in abenbuptay or other insolvency proceeding.
and all proceeds from any rights and claims of any kind which Grantor may have egWet any mere under the Lnaee or any tepene of the
Property W of the above w hereafter oolaodvay referred to as the'Rental. This megnment Is mkt to the right,power and authority given to
the Lender to collect and apply the Rents.This aulgnmert is recorded In aonrdenr with applicable kw law:the lien Created by this assignment
hi mended to be specib,perfected,and drone upon the recording of thie Deed of That.all as wicked lyapplicable stm lawn amended from
time to time. As king r there le no default under the Obligated'or the Deed of Trull,Lender grime Grantor a revocable Coarse to collect all
Rents from the Lew when due end to use such grope*in Granter',business operaions. however,Lander may at anytime require Grantor to
deposit all Rents into an account maintained by Grantor or Lender at Lenders institution.Upon default In the payment al.or In the performance of.
any of the Obligadcm.Lender may at its option lake poswelon of the Properly and have,hoed,manage.lease end operate the Property an tans
and for a pabledd Of time that Lander deems proper. Lender may proceed to collect and receive all Rents from the properly,and lender shell have
full pone to make alterations,renovations,repairs or replacements to the Property as Lender may deem pother Lander may apply all Rents In
Lander%IOW discretion to payment of the Obligation,or to the payment of the ma of such alterations,renovations,repale and replacements and
any expenen Incldamm taking and retaining powssion of the Property periodicalye d the mnmgrnent and operation of the Properly. Lade
maY keep the Property Warty head end may discharge any taxes.Marge&chime.sacraments and other none which may aortae. TM
expense and cost of these actions may be pad from the Rene received,and any unpaid amount'Man be added to the preemie'the
Obigaticn,.Thee,mount',together with other cane,reed become pre of the Obligations secured by thle Deed of Trm
e. LEASES AND OTHER AGREEMENTS. Grantor Half not take or fall to came any action which may cause or permit the imitation aton or the
elthdding of any payment in connection with any Lease or other agreement('Agreement')pertaining 10 tie Propene. n Wdtlon.Grantor.
Stout Lender's prior written consent,slit not:(a)collect any monies payable under any Agreement more than one month n advance:(b)modify
any Agreement(o)assign or show a lien,security Interest or other eneumbrence to be placed upon Grantors rights,tide end interest In and to any
Agreement or the amounts payable thereunder,or(d)terminate or cancel any Agreement except far the nonpayment of any sum or other material
breach by the other party thereto. M Grantor receives at anytime any written communication sneak a default by Grantor under an Agreement or
purporting to terminw or canal any Agreement. Gamin Nall prempy forward a copy Of each communication (and any etsquent
commutations relating thereto)to Lender. Al such Agreements and the amour due to Grantor thereunder are hereby wgmtl to Lender r
additional security for the Obligations.
T. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lender shell be ennead to n or require Grantor to notify any third party
(including,but not limned to,lessees,licensees,governmental guttural",and insurance companies)to pay Lender any indebtedness or obligation
owing to Grantor with respect to the Property(cumulatively'kdebtadnw7 whether or not a default Milne under this Deed of Tenet. Grantor Nat
diligently collect the ndebtednw wing to Grantor from thew third pales until tie giving of such notification. In the ewethat Grantor possesses
or receives possession or any Instruments or other remittances with respect to the Indebtedness following the giving or such notification or if the
Instruments or other remittances constitute the prpeym ant of any indebtedness or the payment of any Maumee or condemnation proceeds.
Grantor shall hold such instruments and other remittances n that for Lender apart tom its other property.endorse to instruments and other
remittances to tender,end Immediately provide Lends with poweelon of Ihe Methuents and other remittances. Lender shall be entitled.but not
required,to collect by legal proceedings or otwrwiss),extend the time tar payment,pmpromip,exchange or release any obligor or collateral,or
otherelee settle any of the indebtednees Mother or nit an event of default exlsta under this Agreement. Lender Mall not be liable to Grantor for
any action,error, mistake, omission or delay pertaining to the actions described in the paragraph or any damages resulting therefrom.
Notwithstanding the foregoing,nothing herein shell CONS Lender le be deemed a mortgag .pcerwen.ANDNENM S USE A YNTCE OF PROPERTY. ee.ln
Grantor shall take all aedae and make any mks needed to malntsn the P opny in goad
condition. Grantor shall not commit or permit any waste to be committed with reaped to the Property. Grantor ghat use the Property solely In
COrriptilenoe with applicable law end insurance poSSe. Grantor Mei not make any Wagons,adNms or improvements to the Property without
Lender,prior written consent.Without limning the foregoing,ell siterabne,additions and Improvements made to the Property lead be subject to
the benefit,interest belonging to lender,shell not be removed without LadaS prior written went,and Mall be made d Grantor's ace
expense.
S. LOSS OR DAMAGE.Grant sfcal bear the entire risk of any foss.theft,destruction or damage(dxnulativey'Lose or Damage')to the Properly
or any portion thereof horn any cause whatsoevec in the event of any Loss or Damage.Grantor lead,e1 the option of Lender,der,repair the affected
Property to Its priaa condition or pay or cause to be paid to lade the decrease In the lair madevalue of the affected Property
10. INSURANCE. The Property will be kept insured for its full Insurable value(replacement coed against ell hazard,including by or damage
caused by Mood.earthquake,tornado and fire,theft or other casualty to the extent required by Leander. Canter may obtain Insurance on the
Property from such companas as are acceptable to Lender In Its gale discretion. The Insurance policies shall require eh insurance company to
provide Lender with at lent 10 days'written notice before such pokes we ahead or cancelled in any mnner. The Insurance
Pokes Mal name tender amerces payee and provide that no act or aminion al Grantor or any othr perm Mall acct the right ot Lander to be
paid the insurance proceeds pertaining to the bee or damage of the Property. In the event Grata falls to acquire or maintain kuuance,Under
(aar providing notice as may be required by law)may in Its discretion procure appropriate insurance coverage upon the Properly end the
insurance cost Merl be an advance payable and bearing intend as described in Paaprph 21 and tared hereby. Grantor Man tumult Lender
With evidence of neuron Indicating the required maege. Lender may ant Se atbmwydndare for Grantor In making and ealting Claims under
insurance policies,cancelling may policy or endorsing Grantors name on any draft or nmaneable nitrate drawn by any insurer. Al such
insurance policies Mad be Immediately assigned,pledged and delivered to Lender r hover security for the Oblgedone. In the event of lore.
Grantor MN Immediately give Lander written notice and Lender it authorized to make proof of lose. Each insurance company a directed to make
payments directly to Lends imbed of to Lender and Grantor. lender nil have the right,at I s'ale Open,to apply such monk toward Im
Obligation or toward the cost of rebulding and restoring the Property.My amounts may at lender's option be Vela in Vie Inverse order of th
e
due dates thereof.
11. ZONING AND PRIVATE COVENANTS Grantor shall not intro or consent to any change In the zoning preteens or private covenants
e ffecting the use al tine Property without Lender's prior written consent M Grammy use of the Properly is or becomes a nonccntormng use under
any zoning
ell ,Grantor MMcause not or permit such use to be dissented a abandoned without the prior written consent of lender.
immediately poke Lender with Wen notice of any proposed Merges to the zoning ppielne or private covenant,affecting the
Property.
it.CONOEpeNaining Caner shall Imnedtetay Provide Lo Gre with written notice al any actual or threatened condemnationigned or anemm demon
proceeding pertaining to the set All monies peysbe d ante=bent Sven doter co an Or hiking are hereby fee)Ied to Lander and she
be Reeled nit to the payment of Lender's attorneys'far, option
add of a par gnol the llOprdrl pre)in connection with the
oaten elln or eminent Wen proceedings and then,at the option of Lender,m the payment d 1e'Dellgdlone or the restoration et repair of
the Property.
11 LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor'M1 Immediately provide{ender with written noticed any
actual of thrummed actin,sue,or other proceeding affecting the Properly. Grantor hereby appoints Lender as he etbrro per to oommenp,
Intervene in,and defend much Wens.sues,or other proceedings and to compromise or set any realm re controversy prelnnp memo.
Lender shall not be amble to Grantor for any action,error,rriNak&omission or delay actions
a the aurae decked in the paragraph ne a any
damages resulting therefrom. Nothing contained ned herein will twat Lender from erf the actions described In this paragraph In he Owe nuns. e
lA NDEMder art TION. Lender Mall not assume or be responsible for the performance al any of and indemnify
obligation,hold
ere to the
Properly under any eneumelancr. Grantee null immediately provide Lender with written notice of and indemnify and holld Lender and its
shareholders, dthe-a of rm,ao officers. employees,Wanand proradFip(cumu homes from latively"Claims')pertaining le to(including
lndudng,but rwtli lrob
spew.owe of motion.rape.Mats and other
totem involving Hazardous Matadi). Omer,upon the request a Lender,Mai hire legal counsel to defend lender from such Claims,end pay
the attorneys'her,legal expenses and other costs mink n obligation
o therewith. In the MMown&Lender Mall be entitled to employ m own
legal counse cl defend such Claims at Grantor's cut Grantor's obligation to indemnify lender under this Paragraph shall stove the iarN
kw oriasobamal this Deed ofTrust.won o unit Df, ,roww m Lerman pea crane
rep 2ee
•
I IIIII 11111111111 IIII MI III INII II Ellin I'll
2721013 10/1311099 04:0W a Sea Tetlamolo
3 of 5 11 20.00 0 0.00 Weld Comity CO
la TAXES AND ASSESSMENTS. Grantor shell pay all tame end aeeeamante miming to the Property when due and immediately provide lender
eddies*of payment of saner. Upon the rpueat of Lander,Grantor shall deposit with Lander each month onexwelan(1/12)of the edmated
annum'Insurance premium,tams and abeeernema pertaining to the Properly. So long a there is no default,thew amounts shah be applied to the
pe�of nes,amennents and funds heldld to insurance=mound on the Properly. In the event of default,tender shah have right,Massie option.to
p pry ery tease or against the Oblige**. My funds applied may.at finder's option,be applied in reverse order of the
due dal threat.
ll INSPECTION OP PROPERTY,ROOKS,RECORDS AND REPORT& Grantor shall Show land.,or its agents to examine and invest the
Property and examine,inspecta end mane=Plat of Gratis book,and non information
to the Properlyin r dm*to time. Grantor shah provide
any assistance required by Lander for these purposes M of the signatures end information ceManed in Grantor's book,and male shall be
g enuine true,wads and tenpfete in all respects. Grantor shall note the existence of lender's beneficial Immt in Re books and records
trap to the Properly. Additionally,Grantor MS report b a tam satisfactory to Lender,such information=Lender may regarding
rendered
s financial condition or the Propene. The nbrmstbn shah be for such periods,nil reflect erenton's roads at such time,and Mail be
with such frequemy as Lands may eats. Al nemahon furnished by Grantor to Lender ehY ao be bus, mad and complete in
melts*,and signed t by Grantor Lender requests.
IT. ESTOPPEL CERTIFICATE& Mien llga tan(10)days Meer any rpueat by Lander,Grantor tell debtor to Lender,or any intended transferee of
mint
Lenders fights win m to the Odipdas,•rpneO and aavowedued statement specifying(a)the outstanding balance on the bbhpatIone;
e nd(b)whether Grantor manes any chi=c dabnw,nods or awntrnms with respect to the
tons end, so,the nature such e of
dada defenses,none or counterclaims. Grantor will be conclusively boundthat Lender by any representation may make b the intended
amens with DEF to thews maters In the event that Grantor fails to provide to requested gaeteam in s limn manner.
IS.EVENTS OF DEFAULT.M Event of Wadi shoe coca under his Died of Tut and the Trustees power sham become operative in the event
that Grantor,Borrower or any guarantor of the Obligations:
(.)In to pay any Obligation to Lender When due;
(e) fide to perform any Obligation Of breaches any warranty or covenant to tender contained in this Dead of Trust or any other p=ent or
future ewraenmt;
(c)dwoys,low or damages the Property M any materiel rant or sub)sab the Property to mama,confiscation,or condemnation;
p) sets b revoke,ermines adwdsa limit Its liability under any guarantyto Lander;
(n) dies,becomes dgaly Incompetent,Is dissolved or terminated,becomes Insolvent makes an indrawn for the borsht of creditors.Ida
to pay debts as they become due,files a pet!on under the federal bankruptcy lairs,has an involuntary petition In bankruptcy hod In which
Grantor,Borrower or any guarantor is named,a h=property taken under any will or promo of mat;
(1) allows goods to be used,tanepaed or Nord an the Property,the ppeeleron,transportation,or use of which,Is legal;
(g)allows any pasty other man Grantor or Borrower to coma Of undertake any Obligation without the written consent of Lender;or
,) canes Lender to deem itself insecure due to a sigdfat decline in the slue of the Property;or if lender,in good Minh,for any reason,
believes that the prospect of payment Or Performance a kryNind.
It RIGHTS OF LENDER ON EVENT OF DEFAULT.Upon tie mounence of en Ban of Default under the Dead of Trust,Lander Nall be entitled
to ends one or more of the Meowing remedies without notice or demand(except as required by law):
(a) to declare the Obligations Immedlaey due and payable in full,such acceleration Nell be automdo and immediate if the Event of Default
is ailing under the Bnkruptoy Code;
(b)to collect the outstanding Oblgeliotsaith arwsbut resorting to Odin process;
(o)t0104110.Grantor to miner and make mailable to lender any pe,onal properly or Chattels conadb,tyg the Property at e dam reasonably
convenient to Grantor and Lender;
(d)to enter upon and take paeaseslon of the Property without eppytng fora obtaining the appetnbnent of a receiver and at Lender's option,
to appoint a receiver without bond,without first bringing suit on the Cblpdons and without otherwise meeting any statutory conditions
regarding receivers,II being intended that Lender shall have this contractual right to appoint a receiver;
e) to employ a managing agent of the Property and let the sane,either in Trustee's own name,in the nemn et under or in the name of
Grantor,ate receive the rents,Incomes,issues and profits of the Property and apply the same,after payment of at neweery charges and
expenw,on account of the Oligatons;
() to pay any sums in any form or manner deemed expedient by Lends to protect the security of this Deed of Trust or to cure any default
other than payment of intern or pindpal on the Oblgaeona
(g)to foredo the Deed of Trust judicially or nonjuddaly in asardance with applicable state law;
ph)to eatofi Grantor's Obligations against any amounts owed Grantor by Lander Including but not limited to,monies,instruments.and
deposit accounts maintained with Lender or aycurrently existing or future affiliate of tendon and
Silo exercise ell other rights available to Lender under any other written agreement or applicable law.Landers rang
the rimie rights ucumulative
of the Roped by ern way of a prejudgment be exercised together,
may uWa separately,
end
againattGrantor,Grantor waives Lender postagInstitue of ads an non
Cdwhiich
the Trustee's sht sewbete the vent Lender
bid bid ppriweixceeedds the Megatons,nne under shall way TrusceM oath �su. In the event Lender ch excess, The rchases the�e
any pat thereof may be sold In one pa=l or In such parcels,manner or am as lad may
e xercises of t e power herein granted shall not extinguish or exhaust the poser unless the smite Property is sold or the Obligations am paid In full
20, SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. The Deed of Trust shah be considered a financing wrnent and a
fixture ding pursuant to the provisions of the Uniform Commercial Cods(=adopted in the stets where the ml properly is loaded)covering
nuns,chattels,and Srdoles of personal property now owned of hereafter aMoled to or to be used In connection with the Pmpty together with
any end Si replacements thereof and additions thenlo(the"Chattels'),and Grantor hereby grants Lander a sentry insect in such Dania. The
debtor a the Grantor described above.The severed party la the Lander described above. Upon demand.Grantor shall male,execute and deliver
such eseariy agreements(as such term is defined in said Uniform Commercial Cods)as Lender at any time may deem ninny or proper or
required to grant to Lander a perfectd=wiry Interest in IM Chattels,and upon Grantor's Wbn to do so,Limner Is authorized to sign any such
agreement as the agent of Liwhmr. Gaiter hereby authorizes land.,to M Manning statements(as such term is dinned in said Uniform
Commercial Core)with respect to the Chattels,at any time,without the signature of Grantor. Grantor win,however at any the upon request of
Lander,Land ,sllr such financing statements. Grantor viii pay d filing him for the filing of such financing Satanists and for the reeling thereat at the
times requird In the opinion of Lander,by said Uniform Commercial Code. If the lien of this Deed of Trust be subject to any security agreement
covering the Chattels,then in the event of any debut under Ns Deed at Tryst at the right,Me and Merest of Gran or in and to any and all of the
Chattels is hereby assigned to Lander,together with the benefit of any deposits or payment now or hereafter made thereof by Grantor or the
predecessors or susnsoni intleof Grantor in the Property.
21. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender.at Lender's option,may expend kinds Omauding attorneys'fees and
lapel expenses)to perform soy as required to be taken by Grantor or to exercise any right or remedy of under undo'the Deed of Trust. Upon
demand,Grantor shall immediately reimburse Lander ford such amounts expended by Lends together with interest thereon at the lower of the
highest rats described in any Otligdon on the highest tete allowed by lave from tie dale of payment unlit the date of reimbursement. Theta suns
shall be manes in the definition of Oblgaions herein and shall be secured by the beneficial[Mann granted herein. R 1M Obligations are paid
ate the beginning of publication of notice of see,as hared provided,or la the event Lender that.at is sole option,permit Grantor to pay any part
of the Obligations Mier the beginning of publication of notice of see.as herein provided.men,Grantor Mal pay an demand all expends imbued
by the Trustee end Linder in conneation with said publication,betiding reasonable attorneys'See to to attorneys for the Trustee and for the
Lar=der,and a reasonable fee to the Trustee,and the Ind of mat Shall be Mau*for all nth expenw and flea
22.APPLICATOR OF PAYMENTS.All payments made by or on bean of dater may be applied against the amounts pad by Under Including
atomrye'des end legs expenses)in connectionwih the exercise of Its rights or remedeld=aibed in the Deed of T and then to the payment
of the remaining Obligations in whatever order lender chpew.
23. POWER OF ATTORNEY, Grantor hereby pmkts Lender as ha attorney-lead to endorse Grantor's nave on Sl insbumene and other
amines pertaining to the Obligation of Deed of Trod. M addition,Lender Mall be smltld,but not required,to perform any action or execute
any document required to be taken or executed by Grantor under this Deed of Tma finder's performance of earn action or execution of such
dooumine shall not relieve Grantor from any Obligation or awe any default under this Deed at Trust Al powers*titian,described in this Deed
of Tint we coupled with an intense and ere irrevocable.
24 MIBROGATION OF LENDER. Lender Sere be'abrogated to the rights attainder of any p=ious lan,security Interest or anoanbranoe
decharged with kinds advanced by Lander moat of whether them liens,security Warms or other encumbrances have been released of
scorn.
20. COLLECTION COSTS. To the extant genmmed by law,Grantor agrees b pay Lentil k,and o b Ism and costs,Indudbt,but not anted
lit fen and rate of attorneys end other agents Oduding without ninon wedged.dente and consultants),whether or not suds tatomy or
Trust,▪ ent wheethe an employee notot wh Lender,brought,Inh cluding,np but rred by
Lender
rd collecting an ll ee rte con Incumd due n enforcing On ppe 1,In righto
and for ponjudgment
maedlon actions.
M. PARTIAL RELEASE Lender may new It.interest in a portion of the Property by executing and recording one or more partial releases
without its interest In the remaining portion of the Properly. Nothing horn shag be deemed to obligate Lender to release any of Its
IntereM in the (except a required under Paragraph 3d),nor shall Lander be obligated to release any part of the Property K GrrenHajn n
default under this of Trust. I rG
more 0 mom.ssh.w co.telane pope Haan, ova es.DA
111111 III OM IIII FBI NI IIIII III 1111 IIII IIII
2720613 10/13/1900 013106 JA Scald Teulomote
1 of 6 R 26.00 D 0.00 Weld Cavity CO of any of ppyosll
contained In�wrirhl�ng signtorn aeeddd by WRYER.The Lender mayOr or anyone other than 6Mn1Oomodfileetion orrrm any of Bo wIthcwl rrower or art t Ob•Wow al those ligatine or ons,s slay or DOW.or o fail b_ders rights uncle,��a y of Truer its MAD or
accept t oonatlbr*a water on any other occasion. Grantor's Obilptlbnl under tlia Deed of Trust shell lnot be effected IfIf Lander amends,compromisesn on one occasion ,
exchanges tall to swam MrlpWa or releases any thew
Lender);
061lgatlona Waphg to anpy Grantor aorrawer a third AMY a any of he MO=agalrm
Nmy Grantor,i Sorrow third or any of the
deemed Lando all the right at anytimeedthereafter to ins'',upon rot penermany�na of any of the GdlWtlonl lhaM new
21 SUCCESSORS AND ASSIGNS.T la Deed of Truer shed be binding open and Min b the be end of Grantor and Lander and their rapedlve
successors assigns,trustees,receivers,administrators,paraonal npnaentatiea.MOW and Ovasa.
at NOTICES.Except as otherwise required by law,any notes a other sommuniation to be provided under tie Deed of Trost Nall be in writing
and ikne to
time.MMMyy Such n to the nolw so pes at giiven a ex dthoribed in fhb Deed of r
ust or such other address as the wile may designate in writing sent by first s mw postage prepaid,shall be deemed given the eerier of three(3)clays fir suchwar is
ant orwhen received byte poem to whom such nab b being given.
30. SEYERAWLITY. NTanaw possible,each provision of this Deed of That shall be Interpreted so as b be eftctM and veld under applicable
wed law. May provision of this Died of That vioaw the law or Is unenforceable,the rest of this Deed of Trust shall continue to be valid and
enforceable.
31.APPUCASLE LAW. This Deed of Trust shall be governed by the laws of the stets where the reel property S located. Urine applicable law
provides otherwise.Granter consents to the jurisdiction and venue of any coon selected by Lander,In its soledisoerbn,lotted In that stab.
32. MSCEr r ANsru a Grantor end Lander agree that Erre Is di the enance. Grantor walls presentment,demand for paPwnt,nolb of
dishonor end protest except a rpulred by law. NI Wreath to Grantor in Ns Deed Of Trust that Include all ppserrssnons�signing below. M then U
more than one Grantor.Sear Obligations shall be joint and seeral.This Deed of Duet represents the oonpela Inbgraled understanding between
Grantor and Lender pertel hint to the two and mndtlons hereof,
33. NO GIRD PARTY RIGHTS. No person le or shell be a third party benablwy of any provision of AM Dead of Trust. NI proesiona of this Deed
of Trust in fawn of Lander Sr.intended solely for the benefit of Lander,and no third party shed S ward to mums or expect that Lander will
valve or consent to the modlnoattn of any provision of this Deed of Trull,M Lender's sole discretion.
34.PRESERVATION OP LIABILITY AND PRIORITY.Without abeoarq the lability of Borrower,Grantor,or am/guarantor of the Obligedons.or any
other person(sxoept a person expressly Wand In wdeng)fort,payment and ptormance of the Obligation,and without affecting the rights of
Lender with respect to any Property not expose/nbaad In writing,and without bnplrh in
aut g any vary-the prblty of this Deed of Trost over the
interest of any pow acquired or Mt MtlnoN�recording subsequent to the recording of this Deed of Trust,Lander may aieler babe Or after
the maturity of the OMlgalbns,and without notice or consent reins any person late for payment or performance of all or of the
Take
Obligations:ma any Wring the terms of payment or performance of all or any pert o the Obligations;exercise or any horn
axeMeing or wail any Mar remedy that Lender may have under this Deed of Trust accept additional securityo any Nnd foreny of the
Oblgalbm;or releaseor sawn deal with any near or personal property securing the Obligations.My person acquiring or recording sviderxw of
�such
FFnterse talons
Lender.
any Propertyweus in the Proe w deemed,by acquiring sun o interest recording any evidence thereof, ona,to have oenb o d to as
30. DEFTASMfCE. Upon the payment and performance in full of all of the Obligations, Lander will ethane end Stromlo Grantor those
dooumsnb that maybe required to release this Deed of Trust of record. Grantor Ned be responsible to pay any costa of recordation.
30. CONSTRUCTION LOAN.❑ This Deed of Trust is a otoauctbn mortgage under Ee Unibnn Cornwell"!Code,to semrra an obligation
Inourrad for the construction of an improvement on land,including the acquisition costs of land. This Deed of Trust secures a construction loan,
and it will be subject to the terms of a construction ban mowers between Grantor end Lender. My matedeia*sidemen(or suppers used Or
mNnded for use In the construction,development,or operation of the Ropey,whether stand on a off be Property,real also to subject to the
lien of this Deed of Trust.
3T.WAIVER OF HOMESTEAD. Grantor hereby waives all homestead exemption*in the Property to Mich Grantor would oasmla be entitled
ender any ppibabie law.
30.JURYTRIAL WARIER. LENDER AND GRANTOR HEREBYWANE ANY RIGHT TO TRIAL SY JURY IN ANY CARL ACTION ARISING OUT OF,
OR BASED UPON,THIS DEED OF TRUST.
N.ADDITIONAL TERMS
Grantor aclma tedgn that Grantor has read,underetends,and agreesbSw term*and conditions of this Deed of Trust
Dabdne EST day of OCTOBER. 1999
GRANTOR:ADRIAN 0. TARIM a Remit L,T(/SNSTZL I TARIM
v raZAY` f21k/t I �I(
o^anTOR GRANTOR
GRANTOR awns
GRANTOR: GRANTOR
ratpltot .rem M nwwtlM p/e/a)throw
Per xJ!
1 11111 1111 111111 11 11 111111111111111 111111111111111
27!0513 10113/1909 OP.00! JA Sold Tsukalnow
5 of 5 R 25.00 D 0.00 Weld County CO
State of —. )eA
County af
TAB inMNne t was.dmmxledstd before me on b . —day or_ byand
——
NO a ta
and
for that
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission xpir Notary Public
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Sa or O ex stoe
(
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tawny or L J.'-s. 11 re. 34, )
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(1.Y at 7. (f 1 ,gpta 4 i..l''' A c�olsX. .. —_ —.._.
WITNESS MY FIND AND OPTICAL 5fa}
My CommrWan.xg ti roe uP. cc?- Li..i. t QS2��.y _ _r`��("�{,a' --
J Ncdly Public
State of p.
County af_
This iawment was ackno*lS5ed before ma an tx. day At_ •
WITNESS MY HAND AND OFFICIAL SEAL
My Commission expires_ _—_ Notary Pubic
M*vet oldness of the Pfopery Of aPPliable) 2523 SOUTH STK AVENUE
OREE.tr, CO 80631
County, WELD
LOTS 6 AND 7, BLOCK 11, FIRST ADDITION TO ARLINGTON PAM, A
SUBDIVISION OP WELD COUNTY, COUNTY OF WELD, STATE OP COLORADO
NONE
This downed was prepared by:
FIRST CO3RENITY INDUSTRIAL BANK
LACarteAAn N.HNeS CO.VHMn was eaaree npla! or +f�i
LIQUOR/BEER RENEWAL REVIEW FORM
Date: November 20, 2000
TO: Deputy Pete Graham
FROM: Kim Fliethman
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: NOVEMBER 28, 2000
ESTABLISHMENT: LUZ ESTELA TARIN
DBA TAQUERIA RANCHO ALEGRE
2523 8TH AVENUE
GREELEY, CO 80631
Current license expires: NEW APPLICATION
._.,.,.************************__********************************************************_*****************
No concerns l?
Deputy's Initials
The Sheriff's Office had a concern and the deputy has mutually worked
with the licensee to correct the concern.
(Complete Attached Worksheet)
Unresolved concerns exist requiring a Probable Cause Hearing
scheduled by the Board of County Commissioners.
(Complete Attached Worksheet)
Please notify at Extension of the date and time of the
Board of Commissioner's renewal hearing.
MEMORANDUM
To: Esther Gesick, Deputy Clerk to the Board January 10, 2001
"lige From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
COLORADO Subject: LC0045
rea
Review of the following liquor license application by the Department of Planning Services shows the following:
Luz Estela Tarin
dba Taqueria Rancho Alegre
2525 8th Avenue
Greeley, CO 80631
Zone District: C-3 (through Z-100)
This is a"Use Allowed by Right" in the C-3 District and is currently permitted under Site Plan Review(SPR-322).
The previous zoning violation has been closed (VI-0000325);therefore,there are no violations occurring on the
property at this time.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a
rat DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
III I
E-mail Address: bsalzman@co.weld.co.us
C 1555 N. 17th Avenue, Greeley, CO 80631
O Phone: (970) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
January 10,2001
Rancho Alegre
Mr. &Mrs. Omar Tarin
2523 8`h Avenue
Greeley,CO 80631
Legal Description: VI-0000325 Lot 6&7,Blk 11,Arlington Park, 1"Filing,Weld County, Colorado
Dear Mr. &Mrs. Tarin:
The Weld County Department of Planning Services Staff closed the zoning violation case on your property. Since
the violations addressed in my November 29,2000 letter have indeed been resolved,the zoning violation is now
closed.
As I advised you on the telephone,the building permit"BC-9901040" for your sign is now available,which
currently has an outstanding balance of$44(forty-four dollars). Once this balance has been paid,the permit will be
issued. If you have any questions,please feel free to contact the Department of Building Inspections at 356-6100,
ext. 3540.
Thank you for your cooperation in this matter. Should you have any questions regarding this letter,or if you need
any further information,please feel free to contact me at the above address,telephone number or e-mail address. If
you wish to see me personally,please call to schedule an appointment so that I may reserve a sufficient amount of
time with you.
Sincerely,
ethacny Salz
Zoning Compliance Officer
pc: VI-0000325
Julie Chester,Lead Planner
Bruce Barker,County Attorney's Office
Kim Ogle,SPR-322
Ester Gesick,LC0045
Sharon Marquez,BC-9901040
Zoning Case File,LC0045
SERVICE,TEAMWORK,INTEGRITY,QUALITY
MEMORANDUM
To: Esther Gesick, Deputy Clerk to the Board November 14, 2000
wokFrom: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services
COLORADO Subject: LC0045
Review of the following liquor license application by the Department of Planning Services shows the following:
Luz Estela Tarin
dba Taqueria Rancho Alegre
2525 8'h Avenue
Greeley, CO 80631
Zone District: C-3 (through Z-100)
This would be a "Use Allowed by Right" in the C-3 District; however, a Site Plan Review would be required in
order for this use to be allowed through the Weld County Zoning Ordinance. A Site Plan Review(SPR-322)was
initiated on February 28, 2000 for the above mentioned property; however, they have not yet met their
"Conditions of Approval" for that Site Plan Review. Therefore, a Site Plan Review has not yet been recorded.
A Zoning Violation was initiated (VI-0000325)due to their failure to complete the Site Plan Review application
process (SPR-322) and failure to meet sign requirements.
SERVICE,TEAMWORK,INTEGRITY,QUALITY
a
6 DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
Website: WWW.CO.WELD.CO.US
E-mail Address: bsalzman@co.weld.co.us
1555 N. 17th Avenue, Greeley, CO 80631
C Phone: (970) 353-6100, Ext. 3540
Fax: (9;970)) 304-6498
COLORADO
November 16, 2000
Mr. & Mrs. Adrian Tarin
2525 8`h Avenue
Greeley, CO 80631
Subject: VI-0000325, Lot 6 & 7, Blk 11, 1n Filing, Arlington Park, Weld County, Colorado
Dear Mr. & Mrs. Tarin:
It has come to the attention of the Department of Planning Services' staff that the uses on your property may not
be in compliance with the Weld County Zoning Ordinance. The potential noncompliance with the Zoning
Ordinance s failure to complete the Site Plan Review (SPR-322) process. Specifically, failure to meet your
"Conditions of Approval", including but not limited to,the recording of your plat. Consequently, this will hold
up your Liquor License Permit (LC-0045). Upon review of your file, the following additional concerns arose:
On some of your paperwork, you list an address of"2523 8`h Avenue". According to everything we can find
(Assessor's Office and our computer records)that address is not valid. Please continue to use the correct address
of"2525 8`h Avenue" in all future applications and paperwork.
Additionally, your building permit will expire within a short time if progress is not made regarding the sign.
Please be advised that an expired permit would mean an additional fee and the start of a Weld County Building
Code Violation as well as the Zoning Violation.
Please contact me within five working days of the date of this letter to review these concerns with me or a thirty-
day violation notice will be issued. Feel free to contact me at the above address, telephone number or e-mail
address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a
sufficient amount of time with you.
Sincerely,
Bethany Salzman
Zoning Compliance Office
pc: VI-0000325
Kim Ogle, Planner-SPR-322
Sharon Marquez, Office Manager- BC-9901040
Liquor License file- LC0045
Julie Chester, Lead Planner
Bruce Barker, County Attorney
SERVICE,TEAMWORK,INTEGRITY,QUALITY
NOTICE
DOCKET NO. 2001-07
Pursuant to the liquor laws of the State of Colorado, Luz Estela Tarin, dba Taqueria Rancho
Alegre, 2523 8th Avenue, Greeley, Colorado 80631, has requested the licensing officials of Weld
County, Colorado, to grant a Hotel and Restaurant license for consumption by the drink on the
premises only.
DATE OF APPLICATION: October 27, 2000
The Board of County Commissioners of Weld County, Colorado, has declared that the
neighborhood to be served will be as follows:
An area bounded on the east by 1st Avenue extended; on the south
by 28th Street extended; on the west by 17th Avenue extended;and
on the north by 20th Street extended
LEGAL DESCRIPTION: Lots 6 and 7, Block 11, First Addition, Arlington Park, Weld County,
Colorado, 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 February 5, 2001, 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) 356-4000,
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: January 19, 2001
PUBLISHED: January 24, 2001, in the Tri-Town Farmer and Miner
Affidavit of Publication
NOTICE
STATE OF COLORADO
County of Weld SS. DOTS 2001-07
I A. Winkler Riesel of said County of Adams Pue/anitotMBauortowsof
iM State at Calmano. Luz
being duly sworn,say that I am publisher of Estella Tarn eta hawed°
Rancho Alegre 2527 8th
FARMER&MINER Annie,Greeley,Cpaodo
that the same is a weekly newspaper of general 80831• has reuuestsd the
_ ___ _ -
circulation was printed and published in the town Co.*g olorado of Welt
of Canty.C Re,to giant
a Hotel and motto on by
FREDERICK license for on the npremies
Theo Wrsk premises
in said county and state that the notice of only.
advertisement,of which the annexed is a true copy DATE OF APPLICATION:
has been published in said weekly newspaper for
October 27.2000
ONE consecutive weeks: that the notice was The Board of County
published in the regular and entire issue of every Commissioners of Weld
number of said newspaper during the period and County, Colorado, hos
time of publication of said notice and in the declared that the
newspaper proper and not in a supplement thereof: neighborhood to be served
that the first publication of said notice was wit beasfollows:
contained in the issue of said newspaper bearing An area bounded on the
the date of eost by 1st Avenue
extended:on the south by
JANUARY 24 A.D.2001 and the last publication 28thStreetextende°;anise
west by 17th Avenue
thereof, in the issue of said newspaper, bearing
date, the 24th day of JANUARY 2001 that bextended2Streetdxten on the north
the said by 20m Sheet extenders
LEGAL DESCRIPTION: Lott 6
FARMER &MINER and7,Sockl1,RrstAddllo`
has been published continuously and Aleegtan Pat Wel°Couety,
Calorodo, Weld County,
uninterruptedly during the period of at least fifty- Cdaado
two consecutive weeks next prior to the first issue
thereof containing said notice or advertisement The public hearing on said
above referred to: and that said newspaper was at Scene WA be held in the
the time of each of the publications of said notice Chambers of the Bard of
duly qualified for that purpose within the County Commissioners of
Weld County Colorado,
meaning of an act entitled. "An Act Concerning Weld County Centennial
Legal Notices, Advertisements and Publications Center,9t510Rs Sleet FM
and the Fees of Printers and Publishers thereof, Roo.Greeley.Colorado,on
and to Repeal all Acts and Parts of Acts in FeileuaY&2O01,ot9ADam.
Conflict with the Provisions of this Act"approved
April 7, 1921, and all amendments thereof, and _ R°Oaneporlraskated.
particularly as amended by an act approved, please adee the Clerk to
March 30, 1923, and an act approved May 13, the Bard.h`utt%at least
Tinclarispilaratthe1931. Ue ingaglegl tout
- =-' o r ;,ant repair sho8 be bans by
c r" 0, - the requesting party. In
'..� - aaapadnae wisa ties
l - Act, u with r Disabilities
"`Yubtisher Act. If you require special
artafrsodpllauIn ordwto
Subscribed and sworn to before me this 24thday pdrBdPale n the heating,
Peale contact the clerk to
of me load's Office n (970)
3 . Extension 4226,
RY A prior rior to to the cloy of the
twalnly
• beandremonstrances
may may be medicine omceot
the Clear to the Board of
otary Public County Commissioners,
located In the Weld County
CenenYai Center.915101h
Street Third Roar.Greeley.
Cakxado. E-Mail mesance,
sent to an Individual
Corms/aer moy not be
FT.LUPTON. CO 89621 includean the case file. To
ensure Inclusion ot your E-
Mall correspondence into
the case file.please send o
COPY to
dxndngeco.weld.co.us.
BOARD OF COUNTYCOMMISS
ELDC TONERS
WE
LD COUNTY,COLORADO
DATED:January 19.2001 -
Published In the Farmer &
Mier January 24 2001.
wes
o, tuit:vkat
1 C
BOARD OF COUNTY COMMISSIONERS PHONE (970) 356-4000, EXT.4200
FAX: (970)352-0242
COLORADO P.O. BOX 758
GREELEY, COLORADO 80632
January 30, 2001
Luz Estela Tarin
dba Taqueria Rancho Alegre
2523 8th Avenue
Greeley, Colorado 80631
RE: Report of Investigation for Colorado Liquor License Application - Taqueria Rancho
Alegre
Dear Ms. Tarin:
On January 23, 2001, I traveled to the proposed licensed premises known as Taqueria Rancho
Alegre, located at 2523 8th Avenue, Greeley, Colorado 80631. While there I made an on-site
inspection regarding the Liquor License Application filed. The application is for a Hotel and
Restaurant Liquor License. It will be heard by the Board of County Commissioners as the liquor
licensing authority for Weld County on February 5, 2001, 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.
REPORT OF INVESTIGATION - TAQUERIA RANCHO ALEGRE
PAGE 2
3. There are no other Hotel and Restaurant liquor licensed establishments located
in the immediate one-mile area operated by Luz Estela Tarin, dba Taqueria
Rancho Alegre. The established neighborhood does contain the following liquor
or 3.2 Percent Beer Retail licensed establishments:
* Classic Lanes - Hotel and Restaurant
* Fonta's Pizza - Hotel and Restaurant
* Downunder Hillside - Hotel and Restaurant
* Dug Out - Tavern
* Smiling Moose Brew Pub and Grill
* King Soopers - 3.2 Percent Beer Retail
* Mardi Gras Liquor Store
* Gordon's Liquor Mart
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
9:30 a.m. on January 23, 2001.
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.
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
C\-?CA \N\P`OL
Commissioner Robert Masden
cc: Bruce Barker, County Attorney
LC0045
P 387 471 842
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
U4Z ESrELA TA/AI
m Street and No
52 25a3 2- gt.ur
n P.O..State and ZIP Code
4-SELEY 30431
o Postage S
Cedified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
in
m Return Receipt showing to whom.
Date,and Address of Delivery
j TOTAL Postage and Fees S
C
Postmark or Date
oa
0/- 30-o200/
m
a
w SENDER:
rn I also wish to receive the
v •Complete items 1 and/or 2 for additional services.
following services(for an
m •Complete items 3,4a.and 4b.
m •Print your name and address on the reverse of this form so that we can return this extra fee):
Y1▪ card to you. y
tu • •Attach this form to the front of the mailpiece,or on the back if space does not 1,O Addressee's Address o
` permit.
•Write"Return Receipt Requested"on the mailpiece below the article number. 2.O Restricted Delivery N
•The Return Receipt will show to whom the article was delivered and the date
- delivered. Consult postmaster for fee. B.
0 3.Article Addressed to: 4a.Article Number N
D y
LUZ ESTetA TAt/u /'� 337 N7/ 84/2—
E D&q TAQLWt¢JA RANCHo ALEGR.E' 4b.Service Type
o O Registered °'
Q.553 8TH AVENUE g 0 Certified ¢
4K..EEt.SY, co $0431 O Express n Mail O C Insured DO
c
O Return Receipt for Merchandise O COD
7. Date of DeeXve/n/
0
5.Received By: (Print Name)
8. Addressee's Address (Only if requested
_
(7S(✓ /2A4f //ZL and fee is paid) C
6.Signature: (Addressee
""or Agent)
�
o X y/
i ev.ia r
2 PS For 811, December 1994 102595-9e-B-0229 Domestic Return Receipt
:e\b‘akcie
ifewl
uw22- couNT rZ"
I
Site Plan Review
SPR- 322
PL STAFF REPORT RETAINED IN I % Ltit
REMAINDER RETAINED IN PAPER
LIQUOR FILE.
_ ORIGINAL CASE FILE MAINTAINED BY
PLANNING.
ft SITE PLAN REWEW
Illik Administrative Review
COLORADO
Case Number SPR 322 Parcel Number 0961 17 311013
Applicant: Adrian & Estela Tarin
Legal Description: Pt. of Section 17 , Township 5 North, Range 67 West further described as
Lots 6 & 7, Block 11 of Arlington Park First Addition, Weld M County, CO
Zoning:: C-3
Proposed Use: Mexican Restaurant
( '"1/4
- Site Plan Review Standards
r
Meets the Intent of the
Weld County Zoning
11) 11 1 ) 1 a it Site Plan Certification Included in application 11111
Retention facilities Engineering NSA
Off street ParkingSee Conditions of Approval # l .a.l, l.a. , La.3, 12.4, I,a,S, 9 , +7
Loading Areas N/A
• Approved in Memo from Dian Houghtahnt Weld Co. PublicWorks YES
dated March 13, 1000
Setback Requirements 25 feet YES
Offset Requirements 10 feet YES
Landscaping See Conditions of Approval # 1.a.9, I,a,lO, 1,61, 11.2, 1 .3, YES
Trash Collection and Storage See Condition of Approval # 1.4.12, 1c4, 1 .6 YES
Potable Water City of Greeley, See Conditions of Approval # I .c.JO YES
Sewage Disposal City of Greeley, See Conditions of Approval # 1 .c.7, I .c. YES
i
r..
1111
Environment Standards
Noise See Condition of Approval # l.c.b 'Lill =al
Air Quality See Condition of Approval #1.c.14 YES
Water Quality See Conditions of Approval #
fladiation Ste Condition of Approval 1.+ .14 YES
Heat See Condition of Approval # 1.c.14 =MI
Light See Condition of Approval # l .a►. i, l.c.l4 NES
Property Maintenance See Conditions of Approval # 14 1 4 YES
•
This site plan review is approved with the attached conditions:
k.
1 , prior to recording the Site Plan Review plat, the applicant shall address the following to the
Department of Planning Service& satisfaction :
a , The applicant shall submit a revised Site Plan Review plat that is at a scale of one
inch equals twenty feet (1 :20) which clearly delineates the following information :
The applicant shall adhere to the off-street parking design standards per
Section 41 . 1 .2. "1 of the W eld County Zoning Ordinance. (Dept. of Planning
Services)
2. The applicant shall provide at a minimum twenty (20) parking stalls for the
Mexican Restaurant . The dimensions of the parking stalls shall adhere to
Sections 41 . 1 . 2. 1 of the Weld County Zoning Ordinance , as amended.
(Dept. of Planning Services)
3. The applicant shall provide wheel stops for the parking stalls per Section
41 . 1 . 2.4 of the Weld County Zoning Ordinance, as amended. One wheel
stop for every two parking stalls is acceptable . (Dept. of Planning Services)
4 . The applicant shall address and adhere to the American with Disabilities Act
and ADA standards for this facility at all times. Non-ambulatory / Ambulatory
parking spaces shall be identified and shown on the plat.
Further, the applicant shall delineate the accessible route to public
transportation from the parking area and building to Eighth Avenue. If
applicable to your site, include sidewalk ramps at all intersections and
buildings, sidewalk rest areas for streets and driveways over five (5) percent,
crosswalks a maximum
accessible parking at all public buildings, and with
2
I
vertical deflection of ore-quarter inch. Please provide details and information
of how you will address these issues.
Further, the applicant shall align internal parking aisles with driveways and
ingress/egress gate openings. (Dept. of Planning Services , Dept. of
Public Works) I
J
5. The applicant shall modify their parking plan to eliminate all vehicular parking
immediately adjacent to Eighth Avenue. Additional parking shall t* provided
behind the existing structure, as required_ (Dept. of Public Works)
6. The applicant shall provide lighting for off-street loading areas per Section
4124 of the Weld County Zoning Ordinance, as amended. The lights shall
be arranged in a manner as to not illuminate adjacent properties and to
prevent glare onto County streets and alleys. (Dept. of Planning Services)
'. The applicant shall screen the parking from adjacent properties per Section
33 .6. 1 .3 of the Weld County Zoning Ordinance, as amended. (Dept. of
Planning Services)
# . The applicant shall adhere to the minimum design standards pertaining to
public rights-of-way per Section 336. 135 of the Weld County Zoning
Ordinance, as amended . ( Dept. of Planning Services)
9, The applicant shall place "plant material screening to mitigate the impacts
of the facility from Eighth Avenue , The plant material screen shall be placed
between the road right-of-way and the restaurant that fronts this road as
depicted on the redlines. The buffer strip shall be a minimum of ten (t 0) feet
in width and run the length of the property line that fronts Eighth Avenue.
Further, the applicant shall adhere to all landscape requirements of Section
33.6 . 1 . 5 of the Weld County Zoning Ordinance, as amended ,
Please note, per the Weld County Zoning Ordinance, as amended , the
applicant shall provide landscaping on fifteen (15) percent of the site. In your
specific case, the site is approximately 19,000 square feet, fifteen percent
of the site is 2+850 square feet. This is the total minimum area to be
landscaped. (Dept. of Planning Services)
10, The applicant shall describe the landscape maintenance plan for this area ,
The landscape maintenance schedule which specifically states who will
perform maintenance and that maintenance is on-going and shall not end
upon final acceptance by the Department of Planning Services. (Dept. of
Planning Services)
11 . The sign shall be located, and designed in accordance with the requirements
of Section 42 of the Weld County Zoning Ordinance, as amended . (Dept.
of Planning Services)
3
l u
54
A.
12, In accordance with Section 33 61 .6 of the Weld County Zoning Ordinance,
the applicant shall screen all trash receptacles from adjacent right-of-ways
and adjacent properties. Further, the areas shall be designed in such a
manner that will prevent scattering of trash. (Dept. of Planning Services)
13. The applicant shall delineate on the plat where the Mexico Express Buses
will load and unload passengers. (Department of Planning Services)
b. The applicant shall include in the Landscape Plan the following information :
1 . An installation schedule which specifies when the landscaping will be
installed on site . (Dept. of Planning Services)
2. A Plant Material List specifying the Botanical and Common names of alt plant
material to be installed; the size of the plant material at installation and
whether the plant material is to be containerized or B&B . (Dept. of Planning
Services)
3. A landscape maintenance schedule which specifically states who will
perform maintenance and that maintenance is on-going and shall not end
upon final acceptance by the Department of Planning Services. (Dept. of
Planning Services)
c. The following notes shall be placed on the plat:
1 . In accordance with the Weld County Zoning Ordinance, no land, building or
structure shall be changed in use or type of occupancy, developed. erected.
constructed, reconstructed, moved or structurally altered or operated in the
commercial or industrial zone districts until a Site Plan Review has been
approved by the Department of Planning Services. (Dept. of Planning
Services)
2 . The application does not propose any portion of the site to be leased to
another party. In the event that a portion of the building is proposed to be
leased to another party in the future, the applicant shall submit a copy of the
lease agreement and information regarding the proposed use of the leased
portion to the \Weld County Attorney's office, Weld County Building
Inspection Department, and the Department of Planning Services for review.
Based upon the proposed use and/cr impacts of the leased portion, the
Department of Planning Services may require a new Site Plan Review
application. (Dept. of Planning Services)
3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-101 , C. FMCS . , as amended) , shall be stored and
removed for final disposal in a manner that protects against surface and
groundwater contamination, (Health Dept.)
I
4
4 . No permanent disposal of wastes shall be permitted at this site. (Health
Dept. )
5. Waste materials shall be handled, stored and disposed of in a manner that
controls fugitive dust, blowing debris and other potential nuisance
conditions . (Health Dept.)
6. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A), as measured according to 25-12-102, Colorado Revised
Statutes, (Health Dept)
7. Adequate toilet facilities shall be provided for the public and employees.
(Health Dept. )
8 . The restaurant shall utilize the existing municipal sewage treatment system ,
City of Greeley. (Health Dept.)
g. All pesticides, fertilizer and other potentially hazardous chemicals must be
stored and handled in a safe manner. Reference 25-8-205 , 5 Colorado
Water Quality Control Act and Rules and Regulations thereof. (Health Dept. )
10. The facility shall utilize the existing public water supply, City of Greeley.
(Health Dept. )
11 . The applicant shall comply with Colorado Retail Food Establishment Rules
and Regulations governing the regulation of food service establishment.
(Health Dept, )
12. Landscaping materials as indicated in the approved landscape plan shall be
maintained at all times. Dead or diseased plant materials shall be replaced
with materials of similar quantity and quality at the earliest possible time.
(Dept. of Planning Services)
13. All structures, including signs, on site must obtain the appropriate building
permits, (Dept. of Planning Services)
14. The site shall maintain compliance with the Weld County Zoning Ordinance,
as amended at all times. (Dept. of Planning Services)
d . The applicant shall submit a plan describing any proposed onesite signage . Any
proposed sign shall adhere to Section 42 . 3 of the Weld County Zoning Ordinance.
AN proposed signs shall apply for and receive a building permit . (Dept. of Planning
Services)
2 . Prior to Recording the Plat:
a. The applicant shall submit a landscape plan to the Department of Planning
Twin, page 5
r
Services for review and approval. Upon approval the Landscape Plan shall be
placed on the plat. (Dept of Planning Services)
b . The applicant shall complete an improvements Agreement with Weld County for
the purpose of ensuring the timing and completion of on-site parking and
landscaping improvements. This agreement shall be reviewed and approved by the
Weld County Department of Planning Services, Public Works Department, and the
Board of County Commissioners. Upon approval of the agreement , the applicant
shall submit adequate collateral which equals the amount of the improvements to
be completed . (Dept. of Planning Services)
3. Prior to the release of building permits:
a, Upon approval by the Department of Planning Services , the Site Plan Review plat
shall be recorded. (Dept. of Planning Services)
Site Plan review conditionally approved by: Date: March 1612000
Kim Ogle, Planner 1�
Tarim, page 1
SITE PLAN ADMINIST TI' E REVIEW NOTES
1 . In accordance with the Weld County Zoning Ordinance, no land , building or
structure shall be changed in use or type of occupancy, developed, erected,
constructed, reconstructed , moved or structurally altered or operated in the
commercial or industrial zone districts until a Site Plan Review has been
approved by the Department of Planning Services. (Dept. of Planning
Services)
2 . The application does not propose any portion of the site to be leased to
another party . In the event that a portion of the building is proposed to be
leased to another party in the future, the applicant shall submit a copy of the
lease agreement and information regarding the proposed use of the leased
portion to the Weld County Attorney's office, Weld County Building
Inspection Department, and the Department of Planning Services for review.
Based upon the proposed use and/or impacts of the leased portion , the
Department of Planning Services may require a new Site Plan Review
application- (Dept. of Planning Services)
3, All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites
and Facilities 30-204011 CAS., as amended), shall be stored and
removed for Anal disposal in a manner that protects of nst surface and
groundwater contamination. (Health Dept. )
4 . No permanent disposal of wastes shall be permitted at this site. ( Health
Dept. )
5. Waste materials shall be handled , stored and disposed of in a manner that
controls fugitive dust, blowing debris and other potential nuisance
conditions. ( Health Dept. )
6. The maximum permissible noise level shall not exceed the commercial limit
of 60 db(A), as measured according to 25-12-102, Colorado Revised
Statutes. (Health Dept.)
Adequate toilet facilities shall be provided for the public and employees .
(Health Dept. )
B . The restaurant shall utilize the existing municipal sewage treatment system,
City of Greeley. (Health Dept. )
9 All pesticides, fertilizer and other potentially hazardous chemicals must be
stored and handled in a safe manner Reference 25 .8-205. 5 Colorado
Water Quality Control Act and Rules and Regulations thereof. ( Health Dept. )
10. The facility shall utilize the existing public water supply, Cit of Greeley.
y y
(Health Dept. )
11 . The applicant shall comply with Colorado Retail Food Establishment Rules
and Regulations governing the regulation of food service establishment.
(Health Dept. )
12 . Landscaping materials as indicated in the approved landscape plan shall be
maintained at all times. Dead or diseased plant materials shall be replaced
with materials of similar quantity and quality at the earliest possible time.
(Dept. of Planning Services )
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