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Home My WebLink About20010999.tiff FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF JERRY SAMBER, DBA DEWEYS, FOR TAVERN LIQUOR LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN The application of Jerry Samber, dba Deweys, 41611 Marble Avenue, Stoneham, Colorado 80754, for a Tavern Liquor License, came on for hearing on the 2nd day of April, 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 Jerry Samber, dba Deweys, 41611 Marble Avenue, Stoneham, Colorado 80754, for a Tavern Liquor License, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of$500.00 for the hearing fee, in addition to the other required fees, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to approve said application for a Tavern Liquor License for Jerry Samber, dba Deweys. 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 2001-08 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until April 23, 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, 2001-0999 p ,pp , S•D LC0043 TAVERN LIQUOR LICENSE - DEWEYS PAGE 2 shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COU , COLORADO ATTEST: atakiM. J Ch_ r Weld County Clerk to the 1, �p lenn Vaad, Pro- BY: tt& Deputy Clerk to the Bo`"•c '\ � 4.n Wi H. J ke A O AS M: D vid . o unty Attom2y Robert D. Masden 2001-0999 LC0043 THIS LICENSE EXPIRES April 23 _2002 _ ,40:x LICENSE FEE STATE OF COLORADO COUNTY OF WELD BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS RETAIL LIQUOR LICENSE FOR Tavern SPECIFY: Retail Liquor Store.Liquor Licensed Drug Store,Hotel and Restaurant,Club,Tavern,Etc. TO SELL AT RETAIL Malt, Vinous, and Spirituous LIQUOR SPECIFY KINDS OF LIQUORS ttIji� S to Certifp, That Jerry Samber1 dba Deweys 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_ 5ev_enty_f iv._and QO11Q0 ($_75,_00 )Dollars therefor,the above applicant is hereby licensed to sell _Malt,_Vinous, find Spirituous Liquors containing more than 3.2%Alcohol by weight by the drink for consumption on the p premises only (Insert"by the drink for consumption on the premises"or"in sealed containers NOT for consumption at place where sold.") as a Tavern at4L6111larb1e_Aye Stoneham._C0_$0754in the County of 23rd Weld,fora period beginning on the 24th day of April 2001 and ending on the day of April 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 Cou ty C mmissioners has hereunto subscribed its name by its officers duly thorized this_ 4 h_ _day of April 2001 _ ATTEST: � � r. The Board ounty Commissioners _ - - [f i t By- Board of Commissioners Clerk to the Board ( �, t if c THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402(02/99) STATE OF COLORADO DEPARTMENT OF REVENUE • Liquor Enforcement Division 1375 Sherman Street Denver,Colorado 80261 SAMBER JERRY DEWEY'S BAR & GRILL 41611 MARBLE AVE STONEHAM CO 80754-9302 ALCOHOL BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 12-50905-0000 03 128 005812 I 042401 APR 23, 2002 Type Name and Description of License Fee 2010 TAVERN LIQUOR LICENSE - $ 50.00 MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 425.00 TOTAL FEE(S) $ 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, 1 375 Sherman • Street,Denver,CO 80261. In testimony whereof,I have hereunto set my hand. LM - G ,t4 G APR 2 5 2001 Tito( 4:44-1—<-. Division Director Executive Director DR 8404 (06/97) Page 1 21 COLORADO DEPARTMENT OF REVENUE COLORADO LIQUOR LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION igi NEW LICENSE 0 TRANSFER OF OWNERSHIP 0 LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO UDUOR AND BEER CODE(Call 303-321-4164) DO NOT WRITE IN THIS SPACE 1. Applicant is applying as a ® Individual ❑ Corporation 0 Limited Liability Company ❑ Partnership(includes Limited Liability and Husband and Wife Partnerships) 0 Association or Other 2. Name of Applicant(s) If partnership,list partners'names(at least two);if corporation,name of corporation Ness 1v 5Am.f3Q,e, 2a.Trade Name of Establishment(DBA) State Sales Tax No. Business Telephone ,l7ELoeVS /A- 5ogoC 97o - 736' -a7V7 3. Address of Premises(specify exact location of premises) 5/ll ri (1 AR(31 e Aire . City County Stat ZIP Code 5-io clef;Piln GJE/b Cla ?d 7.5"-V f 4. Mailing Address (Number and Street) City or Town State ZIP Code /72vX to/ S'loiuehArn (10 g,0761 5. If the premises currently have a liquor or beer license,you MUST answer the following questions: Present Trade Name of Establishment(DBA) Present State License No. Present Class of License Present Expiration Date - SECTION it APPLICATION FEES' LIAR SECTIO1'h17' LIQU104't, E FEES 2360 ❑ Late Renewal Application Fee $500.00 1940 ❑ Retail Liquor Store License(city) $202.50 2300 El Application Fee for New License f50.00 1940 ❑ Retail Liquor Store License(county) 287.50 2300 ❑ Application Fee-New License Concurrent Review....750.00 1950 ❑ Liquor Licensed Drugstore (city) 202.50 2310 ❑ Application Fee for Transfer of Ownership 650.00 1950 ❑ Liquor Licensed Drugstore (county) 287.50 SECTION BR 3.2%BEERLICENSE FETES 1960 ❑ Beer&Wine License (city) 326.25 2121 ❑ Retail 3.2%Beer On Premises-(city) $71.25 1960 ❑ Beer&Wine License (county) 411.25 2121 ❑ Retail 3.2%Beer On Premises-(county) 92.50 1970 ❑ H& R License ❑city ❑county 475.00 2122 ❑ Retail 3.2%Beer Off Premises-(city) 71.25 1980 ❑ H& R License w/opt Prem ❑city ❑county 475.00 2122 ❑ Retail 3.2%Beer Off Premises-(county) 92.50 ❑ Club License ❑city ❑county 283.75 2123 ❑ Retail 3.2%Beer On/Off Premises-(city) 71.25 2010 Iii Tavern License 'Welty RQ'county 475.00 2123 ❑ Retail 3.2%Beer On/Off Premises-(county) 92.50 2020' ❑ Arts License ❑city ❑county 283.75 SECTt 4•C RE FEESAt D i3MRS 2030 1- ❑ Racetrack License ❑city ❑county 475.00 2040 ❑ Optional Premises License ❑ city ❑county 475.00 2210-100(999)❑Retail Warehouse Storage Permit $75.00 1905 ❑ Retail Gaming Tavern Lic (Jolty ❑county 475.00 1980-100(999)❑Addition of Optional Premises to existing hotel/restaurant 1975 ❑ Brew-Pub License 725.00 $75.00 x Total Fee 1970-750(999)❑Manager's Registration(hotel&restaurant only)...$75.00 ❑ Other No Fee ❑3.2%Beer On/Off Premises Only Delivery Permit No Fee ❑Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY UABILITV INFORMATION County City Industry Type License issued Through License Account Number Liability Date (Expiration Date) Stye City County Managers Reg �� 750(999) 2180-100(999) 2190-100(999) 1970-750(999) %%//////// % Gaon Fund Now uaans• Cash Fund Transfer uoana• TOTAL 2300-100 2310-100 (999), (999) ZLOOL/3 2001-0999 DR 8404(06/97) 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 and correspond with the name of the applicant exactly.All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION Q"A. Applicant/Licensee identified. ❑ B. State sales tax license number listed or applied for at time of application. [] C. License type or other transaction identified. ❑ D. Return original&2 copies to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES I:0'A. No larger than 8 1/2"X 11". 't. Dimensions included(doesn't have to be to scale). Exterior areas should show control(fences, walls, etc.). O C. Separate diagram for each floor(if multiple levels). ❑ D. Kitchen-identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION O A. Deed in name of the Applicant ONLY(or) O B. Lease in the name of the Applicant ONLY. ❑ C. Lease Assignment in the name of the Applicant(ONLY)with proper consent from the Landlord and acceptance by the Applicant. ❑ D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS [,V�.,�A. Individual History Record(s) (Form DR 8404-I). E(15.B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) O C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. ❑ D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION(If Applicable) ❑ A. Certificate of Incorporation(and/or) ❑ B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. ❑ D. List of officers, directors and stockholders of parent corporation(designate 1 person as"principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION(If Applicable) ❑ A. Partnership Agreement(general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION(If Applicable) ❑ A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). ❑ B. Copy of operating agreement. ❑ C. Certificate of Authority(if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT LICENSES WHEN INCLUDED WITH THIS APPLICATION ❑ A. $75.00 fee. O B. Individual History Record(DR 8404-I). DR 8404(06/97) Page 3 6. Is the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stock- Yes No holders or directors if a corporation)or manager under the age of twenty-one years? ❑ 7. Has the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers, stockholders or directors if a corporation)or manager ever(in Colorado or any other state); (a) been denied an alcoholic beverage license? E 21 (b) had an alcoholic beverage license suspended or revoked? ❑ 2 (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ❑ If you answered yes to 7a,b or c,explain in detail on a separate sheet. 8a. Has a liquor license application(same license class),that was located within 500 feet of the proposed premises,been denied within the preceding two years?If"yes,"explain in detail. ❑ 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year?If"yes,"explain in detail. ❑ 2 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of ❑ 2 Colorado law,or the principal campus of any college,university or seminary? 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership:members or manager if a limited liability company;or officers,stockholders or directors if a corporation)?If yes,identify the name of the business and list any ❑ Fe 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 hi� license will be issued by virtue of ownership,lease or other arrangement? �' 0 r Ownership ❑ Lease ❑ Other(Explain in Detail) a. If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Landlord Tenant Expires Attach a diagram and outline the area to be licensed(including dimensions)which shows the bars,brewery,walls,partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11".(Doesn't have to be to scale) 12. Who,besides the owners listed in this application(including persons,firms,partnerships,corporations,limited liability companies), will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business. Attach a separate sheet if necessary. NAME DATE OF BIRTH FEIN OR SSN INTEREST Attach copies of all notes and security instruments, and any written agreement,or details of any oral agreement, by which any person(including partnerships, corporations,limited liability companies, etc.)will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit,sales, giving of advice or consultation. 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises Yes No A local ordinance or resolution authorizing optional premises has been adopted. ❑ !� Number of separate Optional Premises areas requested. 14. Liquor Licensed Drug Store applicants,answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Yes No Pharmacy?COPY MUST BE ATTACHED. 0 ❑ 15. Club Liquor License applicants answer the following and attach: (a) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and ❑ ❑ not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is ❑ 0 operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club?(Three years required) 16. Brew-Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? 0 0 (Copy of notice or application must be attached) 17a. Name of Manager (If this is an application for a Hotel Date of Birth Hotel&Rese Lic. Yes No and Restaurant License,the manager must also submit an Individual History Record(DR 8404-1). 0 ❑ 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. ❑ ❑ 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners,officers, Yes No directors,stockholders,members(LLC)or managing members(LLC)and any other persons with a 10%or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? ❑ If yes,provide an explanation and include copies of any payment agreements. DR 8404(06/97) 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 POSITION %OWNED BIRTH Additional Documents to be submitted by type of entity ❑ CORPORATION ❑ Cert.of Incorp. ❑ Cert.of Good Standing(if more than 2 yrs.old) ❑ Cert.of Auth.(if a foreign corp.) ❑ PARTNERSHIP ❑ Partnership Agreement(General or Limited) ❑ Husband and Wife partnership(no written agreement) ❑ LIMITED LIABILITY COMPANY ❑ Articles of Organization C Cert.of Authority(if foreign company) ❑ Operating Agrmt. C ASSOCIATION OR OTHER Attach copy of agreements creating association or relationship between the parties Registered Agent(if applicable) Address for Service OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. 9.orized Signature Title Date 9t t J REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY(CITY/COUNTY) Date application filed with local authority Date of local authority hearing(for new license applicants;cannot be less than 30 days from date of application 12-47-311 (1))C.R.S. OF- / 7 -,,?060 iDilinterga04/04/2001 Each person required to file DR 8404-I: Yes No a.Has been fingerprinted ® ❑ b.Background investigation and NCIC and CCIC check for outstanding warrants conducted g ❑ c.The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. ® ❑ If'no',the building will be completed and ready for inspection by (dale) The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. We do report that such license,if granted,will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12,Article 46 or 47, C.R.S. THEREFORE,THIS APPLICATION IS APPROVED. Local Licensing Authority for ' Telephone Number ❑ TOWN,CITY We&d Coun raao , (970)356-4000 X4200 g COUNTY Signature r '/ '' ce ,,,Cha Y Protem, Weld County Date 04/04/2001 earrt et_ '\Commissioners ntiltritaXPZR Signatur:/E' est) ; ;'e a i ';D„e).Fy Clerk to the Board Date 04/04/2001 If premises are located within a town e Xov/(,Ahould be signed by the mayor and clerk, if in a county,then by the chairman of the board of county commissioners a V"' . If,by ordinance or otherwise,the local licensing authority is some other official, then such approval should be given by su Y u4 . ri el 4l `71 I � f {1 f f • --,..- 2 .; ' I <-----._ tZe.,67:.,, ---- 2. d I 1 . O1 i2, r el. cz A( 4---- clx. —".. ; --- c..:, _ ..11,;;Hio„,: E J ...4r..v 9k. Cr- -1: 1 i --..I 0 III N ......„ •••,• \ii,../ . 7 I :qv f ;.a. 1 IVIt v 1 ) �.....,.. .. .. iy 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 (;,.e Date Social Security Number(s) b&L)E `s SRP $ CcE1? rI . _� 2.Your Full Name(last,first,middle) - 3.Also Known As(maiden name/nickname,etc.) SAmBPie Sceie j 4.Mailing Address(if different from residence) Home Telephone Box fo I J+oAJe h Art (PO YO 751 970 - 7 "a7Sxd, 5.Residence Address(street and number,city,state,ZIP) 414;ti rTAk."i51e OE 64oA.1e/ie m a> 80751 6.Date of Birth Place of Birth ,i 7.U.S.Citizen? s-i e,e/;R Cam- ao Yes No If Naturalized,state where When Name of U.S.District Court Naturalization Certificate Number Date of Certificate If an Alien,Give Alien's Registration Card Number Permanent Residence Card Number 8.Height Weight Hair Color Eye Color I Sex Race 9.Do You Have a current Driver's License?If yes,give number,8 state 6. �0 &3o 82. /-{fIZC! Y. Yes No 10.Name of Present Employer 11.Type of Business or Employment 12.Address of Business Where Employed(street number,city,state,ZIP) Business Telephone 13.Present Position 14./ �Maa�rit/all Status 15.Name of Spouse(include maiden e� name jiff applicable) MAREieD 01644 r.�G/ C 3Am6et 16.Spouse's Date of Birth . Spouse's Place of Birth - ate,el;.06 �o 17.Spouse's residence address,if different than yours(street and number,city,state,ZIP) 18.Spouse's Present Employer Occupation 19.Address of Spouse's Present Employer 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 EUetits QjEnod Ambe Sctit teed-Et lnnl ,1 tA i-N, i,mc� EC,SI Silt/146W (Tl4ei Efilmbrle. Cr( DekctFnf- . 21.Do you now,or have you ever held a State 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 (-1 Yes f W'No 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 ZNo 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 *371,N/ ,et /5-3 lvehAp.7 (' 676---4/ /;.f t, • 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 i 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,state whether E General ❑ Limited Percent of Partnership Owned If 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) Amount$ b O" 31. 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.) Names on accounts or person who can Amounts Sources-Account Numbers si on this account $ 96-00o ) qactla alb///717:i24 $ $ $ 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. Aul rized Signature 9Title Date Aug. 03,2000 =`o: \1_e u t..W.uni -' board i4 COff?rlI =e€1nCi'.4 Frfuirr Rnuald and Janke Northrup . Stoneham, CO 80754 To Whom It May Concern, We are writing in behalf I Jerry Samher, who has out in a l?etittrn fin-a !:igrror license. Our family has know .ierry and his family iitr over 40 years. Fie is n very rvspurisauie a. n ctIn :ise ness person WW1 is 4,ry el lik as and ae:oE,eCLeii in Our community. We feel he is would take the respottabil ty of his new h'tsine c very serittrisly and rim it t r=, the utmost seneerity. We holeheartedly support Jerry in his new business and hope you will issue the liteusk' he vi'iii need Ltt help make it successful Thanks Rouaid l . °otntio up Janice A. Northrup cJs '�tf+r7f5e'e JC1eeI" 000620000 o..- 3 Wel County SO , me Greeley, CO /doily p 7 S� 1.7; !A f c1a 97 5� D��`� ( • S u� O. agaNrz M. slime/;mob C'v X17 OO ,// _ OARD OF GOU OMM ER C/O CLERK TO THE BOARD ,.,� WELD COUNTY COLORADO P. D. BOX 758 1.% GREELEy, COIORAQO„„1°63' ,.. ' S LIQUOR LICENSE dpi�l",, nf� s4,,t, v �f • v j �. .1 iii Zi A •. , 'A at i � ;1 / UiFy g>,/,' d /' .may i �t, ;z k • - ti,- �..v "chi' f July 7, 2000 Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 To Whom It May Concern: I am writing this letter of reference in regard to Jerry Samber's application for a liquor license. Jerry is very dedicated to his community. He is a dependable and responsible neighbor who is always willing to lend a helping hand when needed. As a citizen of the Stoneham area, I, as well as many of my neighbors, would greatly appreciate the availability of a liquor establishment nearby, as the nearest city is 25 miles away. Jerry Samber would be an excellent recipient of a liquor license in Weld County. I look forward to supporting him in his effort. Sincerely, dernOciezerectijigyt„ Jennifer Dollerschell 76827 Weld County Road 76 Stoneham, CO 80754 July 6, 2000 Weld County Commissioners 915 10th Street Greeley, CO 80631 Re: Liquor License Jerry &Margie Samber Stoneham, CO 80754 Gentlemen: We are writing in support of Jerry and Margie Samber in their request for a liquor license to open a tavern on Marble Avenue, Stoneham, Colorado. Jerry and Margie are longtime residents of Stoneham. The Samber family has farmed in the Stoneham area for several generations. Jerry and Margie are responsible individuals who will operate a tavern according to all laws, rules, and regulations regarding such an establishment. To our knowledge there is no one in the community who opposes the Sambers opening a Tavern in Stoneham. We miss the old pool hall which recently closed after serving for years as a gathering place for people of the community. Linda Wienke, who operates the small café in Stoneham, and Karen Koester, who operates the café and package liquor store in New Raymer, are both in support of the Sambers' intent to open a tavern. They do not see it as a threat to their business. On behalf of all the citizens we have talked to in the Stoneham area, we feel that the proposed business in Stoneham will be an asset to our community, and we welcome the establishment of "Dewey's Tavern". Sincerely, Q an/ z ,l Gam ✓ay d Eileen McCracken Brammer Law Office, P.C.,Attorneys and Counselors at Low 1 v e <�' �� Jay M. Brammer Ray Ann Brammer August 8, 2000 RE: Jerry and Margaret Samber-Liquor License TO WHOM IT MAY CONCERN: Please find attached a copy of the contract for the purchase of real property in Weld County. Jerry and Margaret Samber are purchasing the property from John Johnson and the Samber's anticipate operating a bar and restaurant in this facility. As soon as the title commitment is received, closing will occur. If additional information is required please contact my office at (970) 521-0700. Sincerely BRAMMER LAW OFFICE, P.C. — 2 7 Ann Brammer Enclosure. Post Office Box 1827, 113 South 2ND Street, Sterling, Colorado 80751 Telephone: (970) 521-0700 • Facsimile: (970) 521-0307 Admitted in Colorado and Wyoming CONTRACT TO BUY AND SELL REAL ESTATE August 9, 2000 1. PARTIES AND PROPERTY:JERRY SAMBER AND MARGARET SAMBER buyer(s) [Buyer], as joint tenants agree to buy and the undersigned seller[Seller], agrees to sell, on the terms and conditions set forth in this Contract,the following-described real estate in the County of Weld Colorado,to wit: Lots Ten (10), Eleven (11) and Twelve (12), Block Three (3), Town of New Stoneham, Weld County, Colorado together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the Property). 2. INCLUSIONS/EXCLUSIONS: The purchase price includes the following items(a) if attached to the Property on the date of this Contract: lighting, heating, plumbing, ventilating, and air-conditioning fixtures,TV antennas,water softeners,smoke/fire/burglar alarms,security devices, inside telephone wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems,built-in kitchen appliances,(b) if on the Property whether attached or not on the date of this Contract; storm windows,storm doors,window and porch shades,awnings,blinds,screens,curtain rods, drapery rods, heating stoves, storage sheds, all keys, and all other property now contained in and around the premises. The above-described included items(inclusions)are to be conveyed to Buyer by Seller by Bill of Sale at the closing,free and clear of all taxes, liens and encumbrances,except as provided in Section 12. The following attached fixtures are excluded from this sale:NONE 3. PURCHASE PRICE AND TERMS: The purchase price shall be$10,000.00 payable in U. S. dollars by Buyer as follows: (Complete the applicable terms below.) (a) Earnest money: $ 500.00 in the form of a personal check payable to and held by the closing agent as earnest money deposit and part payment of the purchase price; (b) cash at closing: $ 3,500.00 in the form of cash and or certified funds at closing: Seller Financing. The sum of$6,000.00 ( $ 10,000.00 less earnest money and cash at closing)by Buyer executing a promissory note payable to Seller and secured by a first deed of trust encumbering the Property. The sum of$ 6,000.00 shall be payable as follows: $ 3,000.00 due on January 10, 2001. The remaining balance of$ 3,000.00 plus interest at the rate of six percent per annum from January 10, 2001 shall become due on January 20, 200X q6C011". . The loan shall also contain the following terms as indicated: If any payment is not received within ten(10) calendar days after its due date, a late charge of 10 % of such yearly payment shall be due. Default interest rate shall accrue at 10%per annum. Buyer has no right to prepay. 4. FINANCING CONDITIONS AND OBLIGATIONS: (a) Existing Loan Review. If an existing loan is not to be released at closing, Seller shall provide copies of the loan documents(including note,deed of trust,modifications)to Buyer within ten calendar days from acceptance of this Contract. This Contract is conditional upon Buyer's review and approval of the provisions of such loan documents. Buyer consents to the provisions of such loan documents if no written objection is received by Seller from Buyer within three calendar days from Buyer's receipt of such documents. If the lender's approval of a transfer of the Property is required, this Contract is conditional upon Buyer's obtaining such approval without change in the terms of such loan, except as set forth in Section 3. If lender's approval is not obtained on or before three days prior to closing, this Contract shall be terminated on such date. (b) Credit Information. If Buyer is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan is not to be released at closing,this Contract is conditional upon Seller's approval of Buyer's financial ability and creditworthiness. In such case: (1) Buyer shall supply to Seller on or before ten days after signing this contract, at Buyer's expense, information and documents concerning Buyer's financial,employment,and credit condition as Seller deems necessary. Any such information and documents received by Seller shall be held by Seller in confidence, and not released to others except to protect Seller's interest in this transaction; (4) if Seller does not provide written notice of Seller's disapproval to Buyer on or before three days prior to closing then Seller waives this condition. If Seller does provide written notice of disapproval to Buyer on or before said date,this Contract shall terminate. 5. APPRAISAL PROVISION. Buyer shall have the sole option and election to terminate this Contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by Buyer. The Contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal or written notice from lender which confirms the Property's valuation is less than the purchase price,on or before ten days after signing this contract. (Appraisal Deadline). If Seller does not receive such written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate under this section. 6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this Contract shall be timely paid by Buyer. 7. NOT ASSIGNABLE. This Contract shall not be assignable by Buyer without Seller's written consent. Except as so restricted,this Contract shall inure to the benefit of and be binding upon the heirs,personal representatives, successors and assigns of the parties. 2 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, either a cm-rent commitment for owner's title insurance policy in an amount equal to the purchase price or at Seller's choice, an abstract of title certified to a current date, on or before fifteen days after signing this contract. (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions)in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment,together with any copies or abstracts of instruments furnished pursuant to this Section 8, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than five calendar days after Title Deadline. If Seller furnishes atitle insurance commitment,Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9. TITLE. (a) Title Review. Buyer shall have the right to inspect the Title Documents or abstract. Written notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents or abstract shall be signed by or on behalf of Buyer and given to Seller on or before ten calendar days after Title Deadline,or within five(5) calendar days after receipt by Buyer of any Title Document(s)or endorsement(s)adding new Exception(s)to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the conditions of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 8,true copies of all lease(s)and survey(s)in Seller's possession pertaining to the Property and shall disclose to Buyer all easements,Jiens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s)has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s)disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before ten days after signing this contract. If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. (c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN 3 MILL LEVIES. BUYER SHOULD INVESTIGATE THE DEBT FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this Contract as a result, if written notice is given to Seller on or before the date set forth in Subsection 9(b),this Contract shall then terminate. If Seller does not receive Buyer's notice by the date specified above, Buyer accepts the effect of the Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s)as provided in Subsection(a)or(b)above,Seller shall use reasonable effort to correct said unsatisfactory title condition(s) on or before the date of closing, this Contract shall then terminate;provided,however,Buyer may,by written notice received by Seller,on or before closing, waive objection to said unsatisfactory title condition(s). 10. INSPECTION. Seller agrees to make the premises available for Buyer for purposes of inspection.Buyer or any designee,shall have the right to have inspection(s)of the physical condition of the Property and Inclusions,at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer,is not received by Seller on or before fifteen days after signing this contract,(Objection Deadline),the physical condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before three days after Objection Deadline , (Resolution Deadline), this Contract shall terminate three calendar days following the Resolution Deadline: unless,within the three calendar days,Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 11. DATE OF CLOSING. The date of closing shall be August 31, 2000, or by mutual agreement at an earlier date. The hour and place of closing shall be as designated by both parties. 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof,Seller shall execute and deliver a good and sufficient warranty deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing. Tide shall be conveyed free and clear of all liens and encumbrances for special improvements installed as ofthe date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a),(iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b),(iv) inclusions of the Property within any special taxing district,and(v)subject to building and zoning regulations. 4 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS,DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds,their respective closing costs and all other items required to be paid at closing,except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing services shall not exceed$200.00 and shall be paid at closing one half by each party. The local transfer tax shall be paid by Seller. Any sales and use tax that may accrue because of this transaction shall be paid when due by Seller. 15. PROBATIONS. General taxes and assessments for the year of closing,based on the taxes and assessments for the calendar year immediately preceding closing, rents,water and sewer charges,homeowner's association dues,and interest on continuing loan(s), if any,shall be prorated to date of closing. 16. POSSESSION. Possession of the Property shall be delivered to Buyer on the date of closing. If Seller,after closing,fails to deliver possession on the date herein specified,Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of$10.00 per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this Contract,the Property and Inclusions shall be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing,in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this Contract may be terminated at the option of Buyer. Should Buyer elect to carry out his Contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this Contract and the date of closing or the date of possession,whichever shall be earlier,then Seller shall be liable for the repair or replacement of such Inclusion(s)or service(s)with a unit of similar size,age and quality,or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. 18. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided,there shall be the following remedies: (a) IF BUYER IS IN DEFAULT: (1) Liquidated Damages. 5 All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this Contract as cancelled,in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this Contract as being in full force and effect and Buyer shall have the right to specific performance or damages or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this Contract,the court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 19. EARNEST MONEY DISPUTE. Notwithstanding any termination of this Contract, Buyer and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker or closing agent,unless mutual written instructions are received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding,or at broker's or closing agent's option and sole discretion,may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. 20. ADDITIONAL PROVISIONS: a. Survival. All representations and warranties and all unperformed obligations of Buyer and Seller herein stated shall survive the conveyance of the Property to Buyer and the payment of the purchase price to Seller;and all parties shall remain bound by this Contract until all oftheir respective obligations hereunder have been completely performed. b. Ownership. This contract is contingent upon evidence that John Johnson owns lots 10, 11 and 12 of block 3 of New Stoneham and that those lots contain the building in question. 21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document,Buyer and Seller acknowledge that this document has important legal consequences and each party has consulted with legal and tax or other counsel before signing this Contract. 22. TERMINATION. In the event this Contract is terminated,all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations 6 hereunder, subject to Section 19. 23. NOTICE TO BUYER. Any notice to Buyer shall be effective when received by Buyer. 24. NOTICE TO SELLER Any notice to Seller shall be effective when received by Seller. 25. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this Contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 26. ENTIRE AGREEMENT. This Contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. 27. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shall expire unless accepted in writing, by Buyer and Seller, as evidenced by their signatures below, and the offering party receives notice of such acceptance on or before August 15, 2000, (Acceptance deadline). If accepted,this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be p deemed to be a full and complete contract between the parties. 24.- 1.ls� U t (0.1t Chet_Je.j Sam r Margaret b r ,/ Date g — f ' — 0U Date —7'i'0Q Buyer's Address: 37441 WCR 153 Stoneham, CO 80754 J Johnso< �� Date /11 O Seller's Address: 18761 Morgan CO Road JJ Fort Morgan, CO 80701 7 U DA(L) 3A(o IAN I IIIII111111 Hill 11111 11111 11111MIEN *amoto c�"ee 1 of 1 R 5.00 D 1.00 Weld Coun 04:06P JA ty CO co WARRANTY DEED THIS DEED,made this �sh day of 2000,between JOHN JOHNSON of the County of Morgan,State of Colorado,Grantor and JERRY SSAMBER and MARGARET SAMBER,as joint tenants, whose legal address is 37441 WCR 153, Stoneham, of the County of Weld, State of Colorado, Granteess Ten Thousand WITNESSETH,That the Grantor,for and in consideration of the sum ofTh%Dollars and other good �, and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, }� bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey,and confirm,unto the (_ Grantees,their heirs and assigns forever,all the real property,together with improvements,if any,situate,lying and being in the County of Weld, State of Colorado, described as follows: Lots Ten(10),Eleven(11),and Twelve(12),Block Three(3),Town ofNew Stoneham,Weld County,Colorado TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the revision 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 hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantees, their heirs and assigns forever. And the Grantor for himself, his heirs and personal representatives,does covenant,grant,bargain,and agree to and with the Grantees,their heirs and assigns,that at the time of the ensealing and delivery of these presents,was well seized of the premises above conveyed,has good,sure,perfect,absolute and indefeasible estate of inheritance, in law,in fee simple,and has good right, full power and authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances,and restrictions of whatever kind or nature whatsoever,except taxes for the year 2000,due and payable in 2001,and thereafter;existing roads,public highways,established easements and rights of way;oil, gas and mineral reservations, conveyances and leases of record; restrictions and liabilities by reason of inclusion in any special assessment district; and zoning, subdivision and use restrictions of patent, 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,against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. C Oa,Cw— 9nn John& STATE OF COLORADO ) : ss. ,. i COUNTY OF W e L ) The foregoing instrument was acknowledged before me thisday ti ofbi f ,2000,by John Johnson. JJ Witness my hand and official seal. My commission expires: 711/0,5 ..--00340a�''6 + .A1110110® Nota Public^�� J �IAt�Oa g Name and Address of Person Creating Newly Created Legal:'+,:. _,a.. '.-35-116.5,C.R.S.) 9 At 1)11',E1) (31, I IZUS l ' TTIIS UI•a•;ll OP'fit l!ST', Uatcd �l-LL�1 Lf>l+ 3o 2n 2000 �Jl , hch,rcn JERRY SAMBER and MARGARET SAMBER Ilie gl:mllrr herein. whose address is 37441 WCR 153, Stoneham, 'Comity of Weld and Slate of Colo;ado.and the i'11111J(' TRIPS FEN of the Comply or City : ld ('nmlly in which Ilse Novelty destrihert below is situated,in the Slate of Colin ado. 11'il!less: The grmlor•to secure a promissory note or moles,hereinafter rcicrrcd to in the singular.Holed of even date lit the ml:d;stud;:d stun of $6000.00 ttilhns. parade to lite order of JOHN JOHNSON the beneficiary herein• %clime addles is 18761 Morgan County Road JJ, Fort Morgan, CO 80701 viiNxtrxX±Ixxonni4milvtkixdpicrikocatxcikauxuczatx , aflcl the dally Ihereuf. as follows: a the r inings1tlny,lhle $3000.00 on or before January 10, 2001, and the remaining balance o! doe3!p100.09; ❑ppuisViLuergtt49at the rate of 6% per annum from January 10, 2001, on or alorgy p111,1Umtl t'untry ono s:il'pulilie Trustee the hdlowing described;utterly.shuttle in the of Weld . Slate of Culornd,i. to it: County Lots Ten (10) , Eleven (11) , and Twelve (12) , Block Three (3) , Town of New Stoneham, Weld County, Colorado also known by street and number as: 41611 Marble Avenue, Stoneham, CO 80754 assessor's schedule or parcel number: 14)lEA4:' Ni)ill 1111)1.110re same Mgr rho a-ilh all amoutelamea.in Rossi na\cnhdc..,that in vase of Jel:nrh in the'willing oar sold none or nosy pail thereof or Interco thereon.or in oho'Iw'dimusts of any town:mos Mersin:d0.'r sat fools.then opal the Ieadkl:tr !mute bullet l Idling noire of eittlhv:owl denimld fin sole.said Pub olio mhe11 icing mmirvol said salt-netkl).Ibi not less than foot sacks.in sloe nvo spite,rl geneud rirnd:nirnnn said'Annoy,shill sell said no t I•y Ions iu el li'tl m the rime ul'Oiling said unite old danl:nrd.:0 ptddit ilea tioq f n olsb.m amt Public saes old 'poser Shall lrtainm n lhsl on lees.clout gee and rusts and all numt'osads:men,N'Io taws.Insurance andasstssme1115 r'[mny rho property with 'Wong thereon. 'Idol r nun.OM oil the proceeds of said sal[sold pa)the principal nod interest they on said moot.motioning lhewclIles .i many pdortny1lnhmnre.irumee shallbatile and Jditrs In the putt bases dyed n,the 'in t hot s lifmnlmnolesiilnnor.:el ill;;my e es stir sole. lily shalleaerolennd lily go ememnms that al the How toil&I te() oil o�wllesetp reseriis.lbe os putt-haw seised oil hsaid polio l)any tool tidythereof rn sorb aide. polio!) 111 let'simple.111111 that anlll p1111M11)'is free nI[IIe1111,In:lllt[t.fat't'l1I 1 lie rooms also cone,,,,,dial he o III harp all Imitaiuga insured it Won ramcol)balance nl\aid some at ilb hiss torahs hi the benefit inns mill delis et a cops Ind the polio so!Ii ilie lwvche llirlim)nil sill ems ill t hoses alel assessments in eorsn snoomr equal m the anpntd amni n%dole on Itlint rlla'llnllnnnnt's II go room sI1:111 Iaii to Itas instil untie locution's.lases nl mitnlnlls Iltle Oil In im yin umbraute,the Ileneliciar•mmt mounts shall become nddirhniai iudetnelhraa due In'wuuda::mil in cane of liar r t rd as on a ngnhlsl sod pmpelly nod rlusun•.ha n ill pas nn nunnms'\lie of ) Y Day the acme and all a reasonable sum. SIumIJ tom Iw'swiiaims locrem dt'r by made a ports ho my:silk')millet ling this deed nl mast in the lice hr said propel Is.to gmnlur agrees thin all rsmt costs nod n reasonable nth MOWT'5 Ire palm by the howliciao t'shall become rddilionaI IIIIIt'hlfdness tine lirlt''lllldyC nod the pronto does iic,ebs release 111111 naive MI claims In said properly erly as a linlwsiemI t'o'ile non m r. f I other rwmgnirm nor let bercallcl pan iJrJ h, lac. II all on tuna pall nl the p ut alts of an intones!therein is saki,,lonnlived Its the rn:tam st ilhuul hen'litim y's robins dien conceit,.exdudblg Ind the creation uI n lien u entnnd a:ore sulantlinme m lids Ikea of loon,1111 the aenlir.n ura nochase Maur,seen ily inters!hip hurseh,tt applimlat.Ill n lancer by of ha upon the dyad,mil Odin lemon,or WI the grant Iii ins knw'imld mien's;of three sears in less not mnhlinlu, t n.der nil the stuns[et in ills Deed nl livap al be hometii iinh doe mil noble.Ilenellvial3 shall lime inised such edit d c dell Jesting q hi, optimism or option, g an option to purchase.beneficiary may.nl beneficiary r:Maki,le'nt'lit tar r am,the puiSmi m tJhonl the n, pd•' minion n m'eeterulr il. Iii h',algid the sale anti i pompous.l ht be odd it rmnlaoed wadi slenewm In slotoe Jul the coedit ml'such person Is wnMhlclm)'Iv hahcbrhny find the honest pncnbk on the aunty s wvmd by this I Iced oil run shall he al std,purr as beneficial shall mynesl. It is unwed assn in toe of drhnili in pa)memm of said Iv int'pal or iulelest w a iiie wt,dnnr oldie mtanmts herein.Oen sold principal tom hereby secured anal tar nm at the mower wr id the lleneliti:nc become thee:uul passable in most•.minfling to said oath'In the aunbmc 11111n il,V mulill utl nistession of said m free thereon delimited' IVIC m,lit benefit,inn.turd ran liailare hi okliser sot possessionIlia'Iem'litins)'shat he entitled it, ioniser for saidproperly mill thereupon be ic lunidienfit. properly,who may he apptilmcd by ally nnu!of \t'heimsal nsrd heletn Ole stngalm uumiwu shall include the pim;d.the plural the singular.and the use of mw gentler shall he applicable to all,miner,.All of the rosenmic hert'iu shall he binding mom time iesta:co se heirs.'nominal lepnesonalis es.sotuessses alai assigns oil the paints hereto. Iisernicol the this and seal lien shoe uo iron. Je Samb r `` 0 /d li( — Margaret Sa her STATE OF C(11.(114,11)(1 County of }spa 'f he li,regoiug instrument was acknowledged behn-e me Ibis J JD l /�uqusJ by Jerry Samber and Margaret Samber. ay'of 7 xx..x 20,OC My commission expires 77gt/0 . Witness my band and ulhiei:d seal. (((amp-loo o lllllll lo ?"' Sot Denser,insert"City ,1 ry Nmarr PiddleA1F enoa ere vi NAHOEI ;r Name and Addles of Noon("renting Ness c WKR)he gal Description:101 tVll 1 16.5.C.R.S.) . No.923C.Ile,'.4-94, lF.Ri OF TH HIS (I 7 fdtreh - on Suit none in it Bradford publishing,1743 Water SI.,Denver,CO 10101-13031)927500— )91 C. BOARD OF COUNTY PHONE (970) M SSIONERS 00, EXT.4200 COLORADO FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 September 14, 2000 Jerry Samber dba Deweys 41611 Marble Avenue Stoneham, Colorado 80754 RE: Report of Investigation for Colorado Liquor License Application - Deweys Dear Jerry Samber: On September 12, 2000, I traveled to the proposed licensed premises known as Deweys, located at 41611 Marble Avenue, Stoneham, Colorado 80754. While there I made an on-site inspection regarding the Liquor License Application filed. The application is for a Tavern Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on September 18, 2000, at 9:00 a.m. My inspection revealed the following: 1. The proposed licensed premises is not directly connected to a different licensed premises. Section 12-47-301(3)(a), C.R.S. 2. The diagram of the proposed licensed premises is correct. Section 12-47-309(3), C.R.S. 3. There are no other Tavern liquor licensed premises in the neighborhood, and there are no other liquor licensed or 3.2% beer licensed premises within the neighborhood. LC0043 PPR-24-2001 09:42 F.el AttTadt o lay amber ..THIS FORM IllS IMPOITANI LEGAL CONSEQUENCES ANN THE PRNIIESSNOUID CONSULT LEGAL COUNSEL BEFORE SIGNING j BUSINESS LEASE '"(�� This lease,dated Apt /7 1•l 3 2 Do i ,is between �s/C RR✓ e P114RGA2E SRpn es.. —_-- gslp dined, and SeRR>/ 5Anib_efe _ _-. ...._.._..-,as Tenant. In consideration of the payment of the rent and the performance of the covenants and agreements�r by the Tenant set forth herein. the Landlord does hereby lease to the Tenant the following described premises situate M in sti)QE/El County,in the State of Colorado;the address of which is 174// P7 8Je ..RoE' S1-ove ---- Lo-{s it; - jj - ix RJock 3 Law' Said premises,with all the appurtenances.are leased to the Tenant from the date of TA N 14 A R.J I-E a 49 fy / p until the date of1.0')ff�/Q� � �DZat and frnarcnlai for the full term nl'S I. reed payable in monthly installments of S • • • I in advance,on the day of each calendar month during the term of this lease,payable at ,wiwoyr ill:dice. sedum THE TENANT,IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: • I.The Tenant shall pay the rent for the premises above-described. 2.The Tenant Wall.at the expiration of this lease,surrender the premises in as good a condition as when the Tenant entered the premiss, ordinary wear and ter tensed.The Tenant shall keep all sidewalks on and around the premises free and clear of icc and snow;keep the entire exterior premises free from all litter,dirt,debris and obstructions:and keep the premises in a clean and sanitary condition as required by the ordinances of the city and County in which the pro teny is situate. 3.The Tenant shall not sublet any part of the premises,nor assign the lens,or any interest therein.without the written consent of Me fimdl4. Bat Z.C1elil 4-The Tenant shall use the premises only as _and shall not use the premises for any purposes prohibited by the laws=he United States or the State of Colorado.or of the ordinances of the city or town in which said premises me located and shall neither permit nor suffer any di onterly conduct,noise ance havinga tendency to annoy or disturb any persons occupying adjacent premises. 5.The Renal shall neither hold,nor attempt to hold,the Landlord.its agents.contractors and employees,liable for any injury,damage, claims or loss to person or property occasioned by any accident,condition or casualty to upon,or about the premises including but not limited to,defective wiring,the breaking or stopping of the plumbing or sewage upon the premises,unless sucn attidenL condition orcasuafty is directly caused by intentional or reckless acts or omission of the Landlord.Notwithstanding any duty the Landlord may have hereunto to fair or maintaindu premises,in the event that the imp.....meets upon the premises are damaged by the negligent,reckless orimentiaoal act or;won of the Tenant or any employees,agents.invites,licensor or contractors,the Tenant shall bear the fun cost of such repair or real;.mne4 The Temmt shall hold landlord,Landlord's agents and their rope-Mee successors and assigns.harmless and indemnified from all injms, ilaims or damage to any person or property while on the demised premiss orany other part of Landlord's p ovary,or Oiling in anyway qq of Tonnes business,which is occasioned by an act or omission of Tenant,its employees,agents.invitees,licensees or contractors.The,L.a.KHm1 is not responsible for any damage or destruction to the Tenant's personal eiropmy. 6.The Tenant shall neither permit nor suffer said premises,or the walls or flans thereof,to be endangered by overload,ng,nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous,94 mile any alterations in or prunes in,upon,or about said premises without first obtaining the written consent of the Landlord. 7.The Tenant shall obtain and keep in full forms,at Tenant's expense.fire and liability insurance as may he reasonably re,uiree by the landlord,Tenant shall provide copies of such insurance policies upon the Landlord's request. S. The Tenant shall permit the Landlord to place a"For Rent"sign upon the leased premises at any time after sixty(60)days loci the end alibis lease Y. the Tenant Mall allow the Landlord to enter upon the premise%at any reasonable hour IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANINON.)AND TENANT AS FOLLOWS; 10.The Tenant shall be responsible for paying the following 0 Electric n Gas n Watts 0 Sewer 0 Phone 0 Reljtse I)' i O Janitorial Services ❑Other The Cl Landlord ❑Tenant agrees to keep all the improvement upon the premises,including but not limited to,structural xrn7 nts, interior and exterior walls,floors,calling roofs,sewer c®nections,plumbing wiring and glass in good maintenance and repair at`jeir Land In the event the Lowliest ant d is responsible for repair of the premises,the Ten shall be obliged to notify the Landlord of any coo di 5'* the penises inquiring repair and the Landlord shag be provided a reasonable time to accomplish said repair. li It. Nn assent,alums or implied,to any breach or default of any one or mote of the agreements hereof shall be deemed or taken lq be a waiver of any succeeding or other breach or default. 12. If.after the expiration of this lease,the Tenant shall remain in possession of the premises and continue to pay rent without a written agreement es to such possession,then such tenancy shall be regarded as a meanlyto-month tenancy.at a monthly rental,payable in advance, I equivalent to the last month's rent paid under this leas,an subject to an the turns and conditions of this lease • 13. If the premises ate left vacant and any part of the rent tcsu.sd hereunder is not paid,then the Landlord may,without being obligated to do so,and without terminating this lease,retake possession of the said premises and rent the same for suds rent,and upon such conditions as the Landlord may think best,making such changes and repairs as may be required.giving credit for the amount of rent so received less all espemes of such changes and repairs,and the Tenant slWl he liable for the balance of the rent herein reserved until the expiration of the term of this lease. Nor. Its,.1-%. euSW fss InsE causer NO Bradford Publishing.1,43 Waste Sr.Deaver,CO$0202—303-242 25110—www.bradferdpublirhingcam—I.2pp APR-24-2001 09:43 P.02 k 14. The Landlord acknowledges receipt of a deposit in the amount oft . /' O o to be held by the Landlord for the faithful performance nu all of the Tenn,conditions and conrenans of this lease.The Landlord may apply the deposit to cure any default under the trim of this lease and shall account to the-tenant for the balance.'Ibe Tenant may not apply the deposit hereunder to the Payment of the gal reserved hereunder or the performance of other obligations. 15. If the Tenant shall be in arrears in payment of any installment of rem,or any portion thereof.or in default of any ntltel t steins or agreements set forth in this lease,and the default remain uncorrected for a period of three(3)days after the landlord has given wptaee:police thereof pursuant to applicable law,then the landlord may,at the landlord's option,undertake any of the following remedies withut i UtFmitsion: (a)declare the term of the lease ended;(b)terminate the Tenant's right to possession of the premises and reenter and renames g rcmisa pursuant to applicable provisions of Colorado Forcible Entry and Detainer Statute:lc)recover all present and future damages pa�g a et fiher relief to which the Landlord is entitled;(d)pursue breach of contract remedies:aid/orle)pursue any and all available remedies In 1py q[ qy .ty In the event possession Is terminated by a rtavm of default prior to aspiration of the term,the Tenant shall be responsible for the f9 ooiu Ting for the remainder of the term,subject to the landlord's duty to mitigate such damages.Poignant to applicable law tI3.4O.rNtd.ja(r4)and 1N0.107.5.C.R.S.f whirl is incorporated by this referent,in the event repeated or substantial defaultisI under the lease occur,di landlord may terminate the Tenant's possession upon a written Notice to Quit,without a right to cure.Upon such termination,the 1:ad l available any and all of the above-listed remedies. 16. If the property or the premises shalt be destroyed in whole or in pan by Inc the elements,or other casualty and if,in the soli opinion of the Landlord,they cannot be repaired within ninety(91I)days from said injury and the landlord informs the tenant of mid decist)N f+r s the premises are damaged in any degree and the Landlord infwma the'tenant it does nutdesire to repair sane and desires to tenni^-^.lip this Lase; then this kase shall terminate as the date of such injury.In the event of such termination,theTenant shall immediately surrender pal is ieslon of the premises and all rights therein to the Landlord:shall he granted a license to enter the premises at reasonable times to remose my Ten}nt's property;and shall not be liable for rent accruing subsequent to said event.The Landlord shall have the right to immediately s Ff slid take possession of the premises and shall not be liable for any loss damage or injury to the property or person of the tenant Of occu µy 7, n or upon the premisesp4 if the landlord repairs the premises*trine ninety(wl)days,this lease shell Continue in full face and effect and the Tenant shall not Its ff9'tired to pay rent for any portion of said ninety(901 days during which the premises are wholly unfit for occupancy. 17. In the event any dispute arises concerning the terms of this lease or the non-payment of any sums under this lease,ands Miller is tossed over to an attorney, or the Party prevailing in such dispute shall he entitled,in addition to enher damages costs,to recd receirc.reantuabte attorneys'kes from the other party. lg. In the event any payment requited hereunder is not made within tom P0)days after the payment is due,a late charge in the amount of %of the payment will be paid by the Tenant. 19. In the event of'condemnation or other taking by any governmental:--+^icy,all proceeds shall he paid to the Landlord hereunder,the tenant waiving NI right to any such payments. 20.This lease is made with the impress understanding and ogre mend tea;in the event the Tenant becomes insolvent,the Landlord may declare this lease ended,and all rights of tbe Tenant hereunder mall te•ninate n -I cease. 21.The Tenant and the Landlord further agree; I 1 i 'Ibis lease shall be subordinate to all existing and future security interests on the premises.All notices shall be in writing mesaq l Ily claimed or sent by first class mail,unless otherwucprovidkd by law,to the respective parties,If any term or provision of this lax* pi..ii1}}silid or unenforceable,the remainder of this lease shall not he affected thereby and shall be valid and enfororahk to the fan atom Par llaw. This lease shall only be modified by emenduent signed by math parties.This lease shall he binding on the parties,their personal rig �',.��Yet. soceessoa and assigns.When used herein,the singular shall include the plural. Anent: y1 _ H GUARANTEE • For value received,I guarantee the payment of the rent and the performance of die rooversnts and agrecnents by the Tenant in the within lease sinamae ..._— am ASSIGNMENT Ny ACCEPTANCE For value receivedR- .assigns. enigma all riNktitle and interest in sod to ewithin lases t�� Mil f assignee,the Fein,successors and assign of the assignee,with the worts:understanding and agreeMent that the assignor shall remain liable for the full payment of the rent reserved and the performance of all the covenants and agreements made in the lease by the Tenant.The mariner will pay the rent and fully perform the covens nd agreements in case the assignee fails to do so.In eonsideratkin df this assignment. a Os Wt and agrees hake all the pay and perform all the covenants and agreeme�nIScconttaaaiineed intt lease and agreed to by the t. antra C ��%�d oame nn/s/Vi�p\J'' O %t`4_�"__ _ '__...___. ':puc CONSENT OF ASSIGNMENT i Consent to the asignmenr of tltc within lease to. __... , is hereby given,on the express condition,however.that the assignor shall remain liable for the prompt payment of the rent and peefoci dance the covenants on the pan of the Tenant as herein mentioned,and that no further assignment of said lease or sub-letting of the premises,pr any thereof,shall be made without further.wriaten agreabem. Sono. �•ValeSyaw n .-.4.--0.. LANDLORD'S ASSIOMENT an sa I ' In consideration of One Dollar,in hand Mid.I hereby assign to ZJ R'� fl fltll f et — _._ my interest in the wihin lea n frs d TOT( P.02 REPORT OF INVESTIGATION - DEWEYS PAGE 2 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 5:00 p.m. on September 12, 2000. 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. 6. The proposed premises has the capability of heating and serving sandwiches and other foods, as required by Section 12-47-103(22)(a), C.R.S. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO // /' /�i µ. „- George E. Baxter GEB/eeg cc: Bruce Barker, County Attorney LC0043 LIQUOR/BEER RENEWAL REVIEW FORM Date: August 24, 2000 TO: Deputy Ron Richardson 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: SEPTEMBER 7, 2000 ESTABLISHMENT: JERRY SAMBER DBA DEWEYS 41611 MARBLE AVENUE STONEHAM, CO 80754 Current license expires: N/A (NEW APPLICATION) ************************************************************************************************************* No concerns Deputy's Initials The Sheriffs Office had a concern and the deputy has mutually worked with the licensee to correct the concern. (Complete Attached Worksheet) Unresolved concerns exist requiring a Probable Cause Hearing scheduled by the Board of County Commissioners. (Complete Attached Worksheet) ************************************************************************************************************ Please notify at Extension of the date and time of the Board of Commissioner's renewal hearing. MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board March 1, 2001 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0043 Review of the following new application for liquor license by the Department of Planning Services shows the following: Jerry Samber dba Deweys. 41611 Marble Avenue Stoneham, Colorado 80754 Zone District: C-3 (Commercial) This use is allowed through the"Commercial" zone district via a Site Plan Review. This use is allowed through the zone district and a Site Plan Review (SPR-335). No violations are occurring on the property at this time. SERVICE,TEAMWORK,INTEGRITY,QUALITY MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board September 14, 2000 From: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services COLORADO Subject: LC0043 Review of the following new application for liquor license by the Department of Planning Services shows the following: Jerry Samber dba Deweys. 41611 Marble Avenue Stoneham, Colorado 80754 Zone District: A (Agricultural) After searching several forms of property research, I can not find any evidence of a Use by Special Review"USR" permit in existence which would be required for this type of use. I have also searched for a Nonconforming Use "NCU" permit and have found the same result. If the applicants can substantiate a "NCU" Nonconforming Use or show evidence of a change of zone from Agriculture to Commercial, then we would proceed accordingly. Otherwise a "USR" application must be submitted for this proposed type of usage. Also a Site inspection was completed (please see attached inspection report). SERVICE,TEAMWORK,INTEGRITY,QUALITY (---11(trt; MEMORANDUM To: Esther Gesick, Deputy Clerk to the Board September 8, 2000 WIi9cFrom: Bethany Salzman, Zoning Compliance Officer, Dept. of Planning Services { \ COLORADO Subject: LC0043 I �1 Review of the following liquor license renewal by the Department of Planning Services shows the following: Jerry Samber dba Deweys. 41611 Marble Avenue Stoneham, Colorado 80754 Zone District: A (Agricultural) After searching several forms of property research, I can not find any evidence of a Use by Special Review"USR" permit in existence which would be required for this type of use. I have also searched for a Nonconforming Use "NCU" permit and have found the same result. I have not completed an onsite inspection as of this time; however, I will submit an inspection report at the hearing scheduled for September 18, 2000 at 9:00 a.m. SERVICE,TEAMWORK,INTEGRITY,QUALITY (litarit; DE PARTMENT OF PLANNING SERVICES Cade Compliance Division O 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970) 353-6100, Ext. 3540 • Fax: (970) 304-6498 COLORADO INSPECTION REPORT NAME: Jerry Samber(dba: Deweys) LEGAL DESCRIPTION OF PROPERTY: Lot 10-13, Blk 3, Unincorporated Town of Stoneham, Weld County, Colorado DATE: September 14, 2000 CASE NUMBER: LC0043 (New Liquor License) Upon an inspection of the property, the following pictures were taken (please see attached pictures dated 09/14/00). I spoke to Mr. & Mrs. Samber. They were not very happy regarding the requirment of a Use by Special Review"USR" application. I explained to them that all of Stoneham is zoned "Agricultural". They then asked why the grain bin was allowed. I informed them that the grain bin was the only"USR" permit in Stoneham. They then asked about the Post Office. I told them that the Post Office more than likely was a Nonconforming Use "NCU". They stated that they had received records froth the Weld County Assessor's Office stating that their property was "Commercial". I explained to them that the Assessor's Office lists how the property will be "taxed" not how it is "Zoned". They were very upset. Mrs. Samber then asked what would be required for the "USR" application. I told her that on the front page of the packet it states what is required. Mr. Samber stated that he already had a packet. The planner(which I later found out was Chris Gathman)gave it to him. Mr. Samber stated that he had been to our office 2-3 weeks before and spoke to the On-Call Planner. He didn't know the planner's name. fn ethany Salzman Zoning Compliance Officer pc: LC0043 Julie Chester SERVICE, TEAMWORK, INTEGRITY, QUALITY 4441, Name: MVC-023S.JPG F�(iIr I '�7� Size: 22153 bytes C7 6 VA ` O Dimensions: 640 x 480 pixels � s 4i • F Y11 Name: MVC-0245.JPG ( '' � Size: 27821 bytes � It Dimensions: 640 x 480 pixels t 5r w.. Name: ' Size. 025S.JPG Dimensions: 64031 bytes x 480 pixels Ir410-C .t c,g,fir HH��''.� *�. �y' A • 5�ss4 "C*. �`{r�1 af r��k� s us '„hT ',,,,t'az,+"ff' : , -,-A, ,i.,-44,,,,;,....,r�g,�sib 4�„ r o r� 4 !,+fyr°>��`'� .< . P 3r ,.n 'sr" + - r Y d �9yNak �i' F y��y� FdI� r a I` F ..:'"4,),";:t;� s �� r Ana "1� �P �� t'f��^' i�4 � ;� S l a a.. 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'.-...:,:_•'.....:';•i•••;:;-• ..ti .4.;L.... _ .Y: •'•A'.'"„ r ,r;..,,'. ..i,,:a 4e•, 'ate.;` l•••; - _ ;'.�:5-.. • • •�/.. - -ire;:....:,.. 1�!' x w.7;r rF. ..I.. s.• ,�.i:'. - .•4`;.e`%- {,'-..r.:sir).41= •1r'v.':;.io,:ja` :'.s.d--s --:R v : ''. a:an.. .,. - tz . .lea ::'+'•°`::''� - '-+`_"4F`;a�'9 ':.C :�ti:'r :`rYLr" _ Cdr: 'i,� Y swtic,k e,'' — s r` d y:`l. tz�.7. '1`t'. Sr• i.. ..u,r ..k. ....: ; ....t:'.",;, ..::',.';;.:-....7 'yL .d.'::. ry;'• i,4�F�l.,yy' d r.,q 'QFi'. , ,�.f .. 4°'-r._:' Ar: .« ..Y„ rl}4, - �1 ,i1f .3+'. ` rii;,_x >�., .�.;;.sr. 'r!a•' ,�.�,'. -.r^'"it;..:. - r'�" yy ,f .K� t,_k W! .•i`sFr• d �,,,... .t'14C.,:-,11. r :. - _ �..,Y::,.F,.:.. .F.tj,%?.'"":3-r EL I' r;-t.rwrirv:C i::.. -.11# ,�..r.4 ,!L7 r•::.4 �g- �• 1.. iEo» -..,. _'.-._..c..aiiWJe.s,cLJ'<,;.,.:�p...s,..�... :£�....,..:,`��.Lj≥.�'.:•rr.�.,,tcr':'Fw "ua`•�:.,+1i:':*�dtFv''�iw�iniR'nxn�:x i�l".'siJe.:.F"- ri::,�im.., •`:�7•1: Name: MVC-02rS.JPG Size: 33146 bytes �! � I i C-i ), dimensions: 640 x 480 pixels ESTHER Gesick- Samber, Jerry(dba Deweys) : LC0043 -Reply.,.._............ ._...............,.....,. ............ ..... ......,..,.._..,,.. ........,.......,v...Pae1.. From: LEE Morrison To: EGESICK@CENTDOMAIN.CENTPOST, , bsalzman@NORTHDOMAIN.NORTHPOST, MAI N.NORTHPOST, Date: 3/1/01 11:07AM Subject: Samber, Jerry (dba Deweys) - LC0043 -Reply I do not think either of you are indespensible. Robert should let clerk know of status of filing of plat before meeting on liquor but the record has been made that the usr is approved . Hopefully the plat will be filed before the liquor hearing >>> Bethany salzman 03/01/01 10:02am >>> Lee, I received notification that the Liquor License hearing has been scheduled for March 19, 2001. I can not attend that hearing, (I received a "Jury Summons" for that day) but I do not know if it is necessary for me anyway. As far as Planning is concerned, all of our issues have been addressed. I have enclosed a new memo which I will also be forwarding to Esther at Clerk to the Board stating that there are no active violations on the property and that they have indeed completed all of the necessary permits in order to substantiate the business. Any questions, please let me know. Bethany "'FYI, Robert will not be there either, he is on vacation during that time. CC: JCHESTER@NORTHDOMAIN.NORTHPOST, , RRAnders@ NORTHDOMAI N.NORTH POST, MEMORANDUM r � TO: Board of County Commissioners September 18, 2000 inkFROM: Esther E. Gesick, Deputy Clerk to the Board COLORADO SUBJECT: Request for Continuance re: Jerry Samber, dba Deweys On August 21, 2000, the Board approved a Resolution to Establish the Neighborhood and set the Hearing date for September 18, 2000, to consider the Application of Jerry Samber, dba Deweys, for a Tavern Liquor License. Subsequent to that approval, I did not send notice to the newspaper for today's hearing,therefore, I am requesting this matter be continued to Monday, September 25, 2000, at 9:00 a.m. to allow adequate time for publication of the notice. The applicant has already been notified of this situation and indicated no conflicts. NOTICE DOCKET NO. 2001-21 Pursuant to the liquor laws of the State of Colorado, Jerry Samber, dba Deweys, 41611 Marble Avenue, Stoneham, Colorado 80754 has requested the licensing officials of Weld County, Colorado, to grant a Tavern license for consumption by the drink on the premises only. DATE OF APPLICATION: August 17, 2000 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: LEGAL DESCRIPTION: All of Section 31, 32, and 33,Township 8 North, Range 56,Weld County, Colorado HEARING DATE: The public hearing on said license will be held in the Chambers of the Board of County Commissioners of Weld County Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, on April 2, 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: March 16, 2001 PUBLISHED: March 21, 2001, in the Tri-Town Farmer and Miner • Affidavit of Publication NOTICE STATE OF COLORADO County of Weld SS. DOCKET NO,2001-21 Pursuant to The liquor laws of I A. Winkler Riesel of said County of Weld being the state of Colorado,ier,y duly sworn,say that I am publisher of somber,duo Deweys.41611 Marble Avenue,Stoneham, FARMER&MINER Colorado 80754 has that the same is a weekly newspaper of general reauested the licensing circulation was printed and published in the town of officials ofWeld County, o grant a Tavern license for consumption by FREDERICK the drink on the premises in said county and state that the notice of only advertisement,of which the annexed is a true copy has been published in said weekly newspaper for DATE OF APPLICATION' August 12,20(X1 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 time County. Colorado. has of publication of said notice and in the newspaper declared that the proper and not in a supplement thereof: that the first neighborhood to be served publication of said notice was contained in the issue of will be as follows. said newspaper bearing the date of LEGAL DESCRIPTION: All of Section 31, 32, and 33, MARCH 21 A.D. 2001 and the last publication Township 8 North,Range 56. thereof, in the issue of said newspaper,bearing date, Welc County,Colorado the 21st day of MARCH 2001 that the said HEARING DATE The public hearing on sold Ilwnse well FARMER &MINER be held.n the Chambers of has been published continuously and uninterruptedly 'he Board of County during the period of at least fifty-two consecutive C'Commis C oners of Weld olerado, Weldweeks next prior to the first issue thereof containing County Centennial Center. said notice or advertisement above referred to: and 9.5 yore Street, First Floor. that said newspaper was at the time of each of the Greeley,Colorado,oo April publications of said notice duly qualified for that 2.2001,019.1x)a.m. purpose within the meaning of an act entitled, "An Act Concerning Legal Notices, Advertisements and If a court reporter is desired, Publications and the Fees of Printers and Publishers please advise the Clerk to ast thereof, and to Repeal all Acts and Parts of Acts in she Board,ayp in writing,eart ng Pe ThecosTo en aginha coot Conflict with the Provisions of this Act" approved The cost of engagingacoud April 7, 1921, and all amendments thereof, and reporter shall be borne by particularly as amended by an act approved, March The receuest:ng oars. In 30, 1923,and an act approved May 13, 1931, accordance with the Amu ins wen Disabilities s A if you requ! speclol 1 y ems/ F a ommodation5norderra +�� 1 (l t l �';- participate this hearing, oleose contact the Clerk to $ab119he[` 1 he Board's Office at(970) 356-4000, Extension 4226. Subscribed and sworn to before me this 2j1 Iday of prior to the day of the hearing MARCH. A,D. 2001 Petitions and remonstronce- /— may be filed in the office of the clerk to the Board of County Commissioners, located in the Weld County Centennial Center,916I01h Street. Third Floor. Greeley, Notary PubJiJ Colorado. E-Mail messages sent to on 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 FT.LUPTON. CO 80621 copy to charding@co.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY. COLORADO DATED'.March 16,2031 PUBLISHED'. March 21. 2001, In the Tri-Town Farmer and Miner NOTICE DOCKET NO. 2001-21 Pursuant to the liquor laws of the State of Colorado, Jerry Samber, dba Deweys, 41611 Marble Avenue, Stoneham, Colorado 80754 has requested the licensing officials of Weld County, Colorado, to grant a Tavern license for consumption by the drink on the premises only. DATE OF APPLICATION: August 17, 2000 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: LEGAL DESCRIPTION: All of Section 31, 32, and 33,Township 8 North, Range 56,Weld County, Colorado HEARING DATE: 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 March 19, 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: March 2, 2001 PUBLISHED: March 7, 2001, in the Tri-Town Farmer and Miner NOTICE DOCKET NO. 2000-51 Pursuant to the liquor laws of the state of Colorado, Jerry Samber, dba Deweys, 41611 Marble Avenue, Stoneham, Colorado 80754, has requested the licensing officials of Weld County, Colorado, to grant a Tavern Liquor License for consumption by the drink on the premises only. The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: All of Section 31, 32, and 33, Township 8 North,and all of Sections 4, 5,6, 7, 8,and 9, Township 7 North, Range 56 West of the 6th P.M., Weld County Colorado The hearing on said license will be held in the first floor assembly room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, on August 25, 2000, at 9:00 a.m. All persons wishing to testify regarding said Tavern Liquor License are encouraged to attend said 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. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 11, 2000 PUBLISHED: September 14, 2000, in the South Weld Sun NOTICE STATE OF COLORADO) tr 1 ) s.s. Parent ur u fain COUNTY OF WELD ) of d,e °+ta°r colorat, JanygegrasrsgbieDreveyirr 4161 t- )6.1kt'Mos, Ruth Pelton-Roby, as manager of Pelton Stdherigcintiiken,' Publishing Company LLC, being duly Hoeg**, rraaet."d�l6'a sworn, states that it is publisher of the c.cokodo ,Gai* South Weld Sun, a weekly newspaper aT.ornequort.ice leror published in Keenesburg in said County consumption by the dank' ortthepremuea 'iY and State; that said newspaper has a general circulation in said County and has the Board or County been continuously and uninterruptedly Copmna'aera of Welt P Y County. coiorado, hee published therein, during a period of at declared thaw the least fifty-two consecutive weeks prior to ne'gh°odiv°dto SfVedi' , it the first publication of the annexed notice; x4'aefo�l' ' i K.d that said newspaper is a newspaper AardSection sr-32,and within the meaning of the act of the 93,ToenshiP 8N0rth.end eSOCSectionS a 07 S.,:,: General Assembly of the State of wick,Toww,�g autuoc+h., Colorado, entitled "An Act to regulate the Range 56 Weal orthe 6th printing of legal notices and psi,'Weld county advertisements," and amendments thereto; that the notice of which the _., . hearing'' annexed is a printed copy taken from said Ift dt"°jd rat&iliccnse"Plante `e newspaper, was published in said room. Weld County newspaper, and in the regular and entire Centok ai center gt5 t0thra,Sheet Graelep.: :. issue of every number thereof, once a Colorado.fin nut:PI& week for / successive weeks; that said zr k.00 th.All notice was so published in said persons is1W to teeaN • taelina' adat twlrrr newspaper proper and no in any f.rquor ict a are supplement thereof, and that the first enco ed1O�iad` publication of said notic p0pas fore aid, tk'"Rstilla"a' C" was on the day of�� e�E 2000 and the last on F000 day of the a"!m d cgur" ,2000. 'a paid y PELTON PUBLISHING COMPANY LLC Phi` P FOR OF DOONTr s REP v• .4 -- eo SSIONERS By: Ruth Pelton-Roby, Manager WEG OCOUNTY n Subscribed and sy irn to for g me this oared `t^vTeniber- day P 2—� =,... .."PUBUSNEDSeptember 0 o / 4-20 i4 .0-me, south, rild,Suo Ota UbI1C, my mmission expires: GV/-,a'15y—Oil I' FedlE. :. USAAirbil1 Kroh 2225729463 loa soo 3a gV gr6 9 ' 0 From(pleaseprint) Dehvxycommitmentma, T �Express Package Service Packages under 150lbs. ee torero rn same e�eea Date 4/9/200i_ Sender's FedEx Account Number 1253-1946.3 ❑FedEx Priority Overnight ❑FeelEx Standard Overnight ®F Maeht edEMae Weil business morning' Mee'NORMS oftetiveani {Second business day' Sender's NF'N'FedEx Fret Overnight ❑ • 'FedEs Letter Rare not asarrabte Name .Clerk .to-..the_ Board. _ __..Phone I_9_7-0? 356-4000X4225 ❑ :rii"Raab..�eeenamIg�errerytp,erarlerann,.1 Ntk�..anrharq. D ept/Fioor,/Sureltloo�n Ngher Leas appy. Dore prn,ne FedEx May few • pp,,,,,_,,.�.�,,�� COUNTY OF WELD 4 I Express Freight Service Pack aver 15016s. ocii.eycorae.wmammay COmPa7 P Q Packages Le letnosom.a.eas. ❑ FedEx Ovemight Freight aFedFx 2Da Frei n ii FedFx bu Less Saver Freight Wes,'business.day seMce ISecond low esrd 9 N„11 buspmessdapp sefNce .. 915 10TH ST PRINT SHOP to,am Minor] srrvke tot enr distance based noon disunr( Address — - - - - ICaIl for delivery schedule.See beck for detailed descnptions of freight products CO 6REELEY C O a p 6 3 1 Li Packaging ®Fetter ❑FFeeE? ❑FedEx pi ❑Other --_.—.—_—_..._...___ __ Stale_ Slate Lip _.-- ,la-I Letter value NM t5ao--Pak � g .lg e©your ml)lRre1 cberabaastill a information invoice! `—_— _. Li Special Handling Ins rc,maned IOptlanaq lRrel Z4 cMnn«atNa wear on imroicef — roues Does this shipment contain dangerous goods? ClYes oT,L, ❑yes rpfeaaCne O To(please print) ❑Dry Ice CA CargoAirclahOrYy oryhe.n,UN INS In...._—..---_.s- kg We ... 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Both ere available on request. SEE BACK OF of damage,whether direct incidental,consequential,or special,and is hmited to the I SENDER'S COPY OF THIS AIRBILL FOR INFORMATION ANDADD1TKINALTEMS. greater of Si00 or the declared value bul cannot exceed actual documented loss.The --------- -------------- •--------• ._........_._..____..._. We will not be responsible for arty claim in excess of Sloe per package whether maximum declared value for arty FedEs tartar and FedEx Pak is 9508.Federal Express Your signature aulNornsFu r,,lE.oresetodeliverlhlsship- the result d loss,damage,or del an5pRta00n p� meta without obtaining d'Express and earns to indemnify ag ay non-delivencimsdekvery,or rnmdormadon, may.upon you request,and with some'Orations,refund al and hold bermtess Feder•!Express room any'milting Charms. �� runless you declare a higher value,pay an additional charge,and document your See the Fedfx Service Guide for further details. Rev Gott 6/96 i'• Questions? • POP!I;J'95a f The World On Time P1 96red4, 08111800 Go•Fix (1-800 463 3339! OR N•ED ill a s a •. ca 82-90/1070 10 3 0 DEWEYS 4370119861 P.Q. BOX 61 970-735-2747 O��_ d A Qr STONEHAM, CO 80754 DATE T re ORDERPAYTO oTHE c( $ / Q�E/O�� 5 y Vw" -- _DOLLARS M ,...., 7 Community First •-, �, national Sank1 • P0.Box 3000 ce Sterling,CO 00751 t,•-e.,,-- / 701572-2495 • 4 (-....7.3 - . ' ._:,1 82-90/1070 O 7 V DE W EYS 4370119661 --•• • P.Q. BOX 61 970-735-2747 q,_ 6 --o • • STONEHAM, CO 80754 DATE LI PAY TO THE a r 00 ORDER OF /lt7/` 3 13 (/J� tiLt�AQii2et, 1 4( DOLLARS 8' .r >4 . Community First 777 Rational Bank P0.Bur 3000 Sterling,CO 80151 (970) ..2je414144)S .2495 MEMO a -- -.—�—.._. _ III O-- �:Jnlrn+,-^.._,..'flee,.' . . -..-.7a/4"h',�iL:w-wl►"""�'. .`"` ..clea'_�_.;31{"-` '�_�"`._.� „'-.. U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) 1 ru co ru Postage $ r-R ftl Certified Fee 15O Return Receipt Fee Postmark (Endorsement Required) Here al Restricted Delivery Fee CI (Endorsement Required) O Total Postage&Fees $ 0 N It) Recipient's Name (Please Print dearly)(T, be completed by mailer) O &etr - 'l�m.ber.---:(�e. c :s-Sac v Cr;id O Street, Pt.No.;or PO Bp[No. '/i✓eli .MurhLe---AVenyt O Cif Mate,ZiPr 0 ---"----'--- N �•n a u I ?O759-•3da S F.rm 3t t t,F .m ry 211, S e •averse for Instructions SENaE': Ca M•LETE THIS SEC7UN COhiPLE7[TH6 SEC nOa ON OLE/VERv • Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. _ • Print your name and address on the reverse so that we can return the card to you. C. at re • Attach this card to the back of the mailpiece, L�.Agent (CACIor on the front if space permits. : / LIB' ❑Addressee D. Is delivery a•: =-s different from item 1? 0 Yes 1. Article Addressed to: If YES,ent: d ivory address below: ❑ No Jerr\J ,Slzmber Dewey rs ear 1 Cr;11 /(�/l Aarb% Avenu • 0 Co Fo7�y- 734/ 3. S rvice Type S� h e h Q 1 Y) Certified Mail `❑ Express Mail ❑ Registered 76�eturn Receipt for Merchandise 0 Insured Mail /❑ C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 7©ae ()sat /oil 0 341 8x4'1 'S Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 st` 186i VITEanc—L) orni '"%\ GpUNT Y SPR- 335 PL STAFF REPORT RETAINED IN TYLER:e REMAINDER RETAINED IN PAPER LIQUOR FILE . 4 ORIGINAL CASE FILE MAINTAINED BY PLANNING. Pt t ‘9 SITE PLAN REVIEW wilkAdministrative Review �``y�r'� i COLORADO Case #: PR - 335 Parcel #: 0727 05 015 004 Appliicant: Jerry & Margaret Samber (Dewey's Tavern ) Planner: Robert Anderson 37441 V' C R # 153 Stoneham , Colorado 80754 Legal Lots 10, 11 & 12 , Block 3, in the Unincorporated Town of Stoneham, Colorado Description: being Part of Section 5p 17N , R5GW , 5'l PM . Weld County, CO Location : South of WCR 86 and East of WCR 1473 Parcel Size : . 35 +/r Acres Proposed Use: Tavern Zone District : C-3 Site Plan Review Standards Meets the (intent Comments of the Weld County Code Site Plan Certification Jncluded in Application YES Retention Conditional! Approval per Memo - D. Heughiating, YES Faciliiies/Engineering Weld County Department of Public Works , 12/05100 Off- street Parking YES Loading Areas YES Access, Traffic ilmpaetl Ccrwl!iitionnl Approval per Memo - L . Houyhtaling � YES 6 Circulation Weld County Department of Public Works . , 2x05/CO 6 Fl Setback Requirements 25 feet Y E S Offset Requirements 10 feet Y E S Landscaping YES Trash Col1Bctiont' Storage YES Potable Water YES __Sewage Disposal YES 1 I i Operation Standards t Noise Y E S Air Quality YES Water Quality YES Radiation YES Neat YES Light YES Property Maintenance YES This site plan review is approved with the attached conditions. f , Prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services' satisfaction : A. The plat shall be amended to delineate the following : 1 ) This site will be required to meet all requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-war. Further, a portion of the structure will also be required to meet accessibility req uirements. ( Departments of Planning Services , Public Works) 2) The applicant has delineated thirty (30) parking spaces (with overflow lot) for the facility which meet the requirements of the Weld County Code. The dimensions of the parking stalls shall adhere to Chapter 23 , Article IV, Division 1 of the Weld County Code . (Department of Planning Services) 3) The vehicle parking and office area shall adhere to Off Street Parking and Loading Requirements, per Chapter 23, Article IV, Division Pi of the Weld County Code . (Department of Planning Services) 4) The applicant will be required to satisfy the requirements of the Department of Public Works regarding drainage as outlined in their referral dated 12/05100. Evidence of such shall be provided to the Department of Planning Services. (Departments of Public Works , Planning Services) 5) The applicant shall delineate the location of all curb stops in the part ng areas per Chapter 23, Article IV, Division 1 of the Weld County Code. (Department of Planning Services) 2 I i 6) The applicant shall adhere to the lighting requirements for- off-street parking/ loading areas per Chapter 23 , Article IV, Division 1 of the Weld County Code , (Department of Planning Services) 7) In accordance with Chapter 23 , Article III , Division 4 of the Weld County Code , the applicant shall screen all trash receptacles from adjacent rights- of-way and adjacent properties, Further, the areas shall be designed in such a manner that will prevent scattering of trash. (Department of Planning Services) B. The applicant shall submit a detailed Lardscape/Screening Plan that conformswith the requirements of Chapter 23 , Article II , Division 3 of the Weld County Code. The Landscape Plan shall be recorded on the Site Plan or may be recorded as a separate Landscape Plane The Landscape Plan shall address the following information : 1 ) An installation schedule which specifies when the landscaping will be installed on site . 2) A Plant Material List specifying the Botanical and Common names of all 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. 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. (Department of Planning Services) C. The septic system shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the system and a technical review describing the systems ability to handle the proposed hydraulic load . The review shall be submitted to the Environmental Health Services Division of the ' Veld County Department of Public Health and Environment. In the event the system is found to be Inadequately sized or constructed the system shall be brought into compliance with current Regulations. (Department of Public Health and Environment) 2. The following notes shall be placed on the Site Plan Review Plat: 1 ) In accordance with the Weld County Code, 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 Industrial Zone District until a Site Ran Review has been approved by the Department of Planning Services. (Department 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 3 • 4 leased to another party in the future, the applicant shall submit a copy of the lease agreement and i nformatior, regarding the proposed use of the leased portion to the Weld County Department of Planning Services for review. Based upon the proposed use anWor- impacts of the leased portion , the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3) The Proposed Use shall comply with the C-S Zone District requirements as set forth in Section 23-3-230 of the Weld County Code. (Department of Planning Services) 4) All signs located on the property shall require building permits and adhere to Article IV (Supplemental District Regulations), Division 2 (Signs) of the Weld County Code. (Department of Planning Services ) 5) The site shall maintain compliance at all times with the requirements of the Weld County Departments of Publicorks, Public Health and Environment? Planning Services and Building Inspection. 6) Any future structures or uses on site must obtain the appropriate zoning and building permits. (Departments of Planning Services , Building Inspection) 7) Installation of utilities shall comply with Article IX, Section 24-9-10 of the Weld County Code. (Department of Planning Services) 8) The applicant shall adhere to all Site Plan Review requirements, as defined in Chapter 23, Article ii, Division 3 of the Weld County Code. (Department of Planning Services) 9 ) All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 3D-20-100451 C. R.SI ) shall be stored and removed forfinal disposal in a manner that protects surface and groundwater contamination. (Department of Public Health and Environment) 10) No permanent disposal of wastes shall be permitted at this site. (Department of Public Health and Environment) 11 ) Waste materials shall be handled , stored , and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditlons. (Department of Public Health and Environment) 12) The facility shall adhere to the ,,Maximum permissible noise levels allowed in this Commercial Zone District as delineated in 25-12- 103 C . R. S. (Department of Public Health and Environment) 13 ) Adequate toilet facilities shall be provided for the public, (Department of Public Health and Environment) 4 It i 14) The water system shall maintain compliance with the requirements for a public water system as defined iii the Primary Drinking Water Regulations (5 CCR 1003- 1 ) (Department of Public Health and Environment) 15) The applicant shall maintain compliance with the Colorado Retail Food Establishment Rules and Regulations. (Department of Public Health and Environment) 3 Prior to the release of Building Permits: A Upon approval by the Department of Planning Services, a Site Plan Review Plat shall be prepared per Chapter 23, Article III Division 3, Section 23-2- 160, Paragraphs V & W of the Weld County Code and submitted to the Department of Planning Services to be recorded . (Department of Planning Services) B. The applicant shall submit two complete sets of blueprints to the Weld County Building Inspection Department (Departments of Building Inspection , Planning Services) 4 . Prior to commencing business, the applicant shall: A. Provide the Department of Public Health and Environment and the Department of Planning Services evidence of compliance with the Colorado Retail Food Establishment Rules and Regulations . (Department of Public Health and Environment) B. Provide the Department of Public Health and Environment and the DeparEment of Planning Services evidence that the well has been permitted for domestic and commercial uses ard meets the requirements fora public water system as defined in the Primary Drinking Water Regulations ( 5 CCR 1003- 1 ) . (Departments of Public Health and Environment, Planning Services) Site Plan Review conditionally approved : �� j Date: February 01, 2001 Robert Anderson, Plan n err 5 Hello