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HomeMy WebLinkAbout870043.tiffRESOLUTION RE: APPROVAL OF CHANGE OF OWNERSHIP REQUEST FOR 3.2% BEER LICENSE FOR FLORINDA AND LUPE PESINA, D/B/A PESINA'S CAFE - EXPIRES JANUARY 11, 1988 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, Florinda and Lupe Pesina, d/b/a Pesina's Cafe, have presented to the Board of County Commissioners of Weld County, Colorado, an application for a Change of Ownership for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption on and off the premises, said license previously held by Florinda Martinez, d/b/a Pesina's Cafe, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II., C., said applicant has paid the required fees to the County of Weld for a Change of Ownership of the existing license, and WHEREAS, said applicants have exhibited a State License for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption on and off the premises, outside the corporate limits of any town or city in the County of Weld at the location described as follows: Lots 15, 16 and 17, Block 7, Gill, Colorado 80624 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicants, does hereby approve the Change of Ownership and grants License Number 87-2 to said applicants to sell fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption on and off the premises, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk and Recorder, of Weld County, Colorado, which license shall be in effect until January 11, 1988, providing that said place where the licensee is authorized to sell fermented malt beverages, containing not more than 3.2% of alcohol by weight, 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. 870043 Page 2 RE: CHANGE OF OWNERSHIP - PESINA'S CAFE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of December, A.D., 1986. ATTEST ;111162.-a4- @U n42 hr i Weld County Clerk and Recorder and Clerk to the Board BY: `7,1“ /I .:ggy Deputy County Clerk APPROVED AS TO FORM: • County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 870043 u ■ County aState Licenses picked up by Floa+wf on January 19, 1987. , 19 88 NON -TRANSFERABLE TUTS UCRNSR rxpnws +4f AI, yT.A 3 xxY`ryt +YFy ,q r, ,, xq rr ,S,A a4,e ,,y8wva �R.a wq�?... •i t •,sk,11,,v�m (;�c f�► n'J� Ask al�+ rA► fill`,u /A rv14�4 � +11yE � rlylr /A vuw� ada fwdll{I a I� vll� fw .I�w /w .�(I /may I)�Iw Iw E DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION STATE CAPITOL ANNEX 1375 SHERMAN STREET DENVER, COLORADO 80261 PESINA FLORINDA PESINA LUPE PESINAS CAFE LOTS 15 16 17 BLK 7 GILL CO 80624 3.2% BEER LICENSE LICENSE EXPIRES USE LICENSE NUMBER FOR LIABILITY INFORMATION _.. ALL REFERENCE COUNTY CITY INOUST. 'TYPE LIABILITY DATE 14-26992-001 .03 2.06_.5813 5 .011287 _. TYPE NAME AND DESCRIPTION OF LICENSE 3.2 PERCENT BEER RETAIL LICENSE COUNTY .85_ c+RC dT OAP FEE _I JAN.11,_1988 FEE $ 25.00 $.42.50 .. 67.50 TOTAL FEE(S) THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12, ARTICLE 46, CRS 1973, AS AMENDED. THIS LICENSE IS NON TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPARTMENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION, STATE CAPITOL ANNEX, 1375 SHERMAN STREET, DENVER, COLORADO 80261. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND SEAL JAN 12 19R7 DEPUTY DIRECTOR EXECUTIVE DIRECTOR Applicant Local State Documents I I 1 1 1—I C. Notes or loans (i.e., assumed, banks, previous owner, etc.) 1 1 11 1-I 1. Applicant may not have any unlawful financial interest in any other licensed establishment IV. BACKGROUND INFORMATION 1-C1 I V77 11* A. Individual History Record(s) (form DRL 404-I) 1 1 1_`?1 i7 1 Ii B. Fingerprints taken and submitted V. MANAGEMENT (if other than applicant) I -I A. 1-1* A. Manager Registration Form (form DRL 367) t77.00 <,e 'eouired only if Hotel ana 1' — Restaurant license 1 1 11 1=1 B. Written management agreement (or) Ii 11 11 C. Affidavit describing duties, limitations and compensation VI. CORPORATE DOCUMENTS (if applicable) 1—_1 I1 1=1* A. Certificate of Incorporation (or) I 1 I I I-1* B. Certificate of Good Standing if corporation is more than two years old (or) I 1 I-1 1=1* C. Certificate of Authorization if foreign corporation 1 I I_I 1=1 D. Articles of Incorporation I I 1=1 I_1 E. Minutes of meeting electing current officers I1 I1 1I F. Stock certificates (100% of issued stock) 1) I I 1I G. List of officers, stockholders and directors of parent corporation (if applicable) VII. PARTNERSHIP DOCUMENTS (if applicable) 1-771 1 ICI A. A. Partnership agreement (general or limited) 11 1=1 1=1 1. Not needed if husband and wife I I I=1 II B. Dissolutionment of partnership (if applicable) VIII. ADDITIONAL LOCAL REQUIREMENTS I I I -I A. B. DRL 1555 (Rev. 10/83) 5.2% BEER AND LIQUOR LICENSE APPLICATION STATE OF COLORADO DOCUMENTS CHECKLIST AND WORKSHEET DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INSTRUCTIONS: This checklist MUST be completed by the applicant and the local licensing authority, and submitted with all necessary documents. ALL documents must be properly signed and correspond with the name of the applicant exactly. Copies (other than application) may be accepted if signatures are legible. ALL documents must be typed or legibly printed in BLACK INK. Upon final State approval, the license will be mailed to the local licensing authority. ' TYPE OF APPLICANT (check one): Ii Individual I L/I Partnership II Corporation NAME OF APPLICANT: i:I 0 fCoNN,41 T - � - N R H P e P`:s i N 14 TRADE NAME: P ` - R: Th 0_1* c-- 4c PLEASE CHECK ALL APPROPRIATE BOXES Applicant Local State Documents I. APPLICATION OR ADDENDUM I t/I I YI A. A. Original (green or yellow), not a copy I_{ I c/1 II* B. Complete all appropriate sections I ✓ i ILL I II* C. Sign application I ,i1 1=1* D. Attach appropriate fee II. PROOF OF PROPERTY POSSESSION I vl' ICI l=1* A. Deed (or) I I I I I I* B. Lease (or) I I -I I -I I=I I=1 I=1* I=1 I=1 I=1 I=1 I=1 I=1 1=1 1=i I=1 Ii/1 Iv I I* I_I I I I_I* I I 1-1 1-1 1. Lease must cover entire license period (minimum one year) C. Lease Assignment 1. Acceptance of applicant 2. Consent by landlord D. All possession documents must be signed E. Floor diagram of premises to be licensed (maximum size 8 1/2" x 14") III. FINANCIAL DOCUMENTS A. Purchase agreement or stock transfer agreement B. Affidavit on source of all funds invested (Continued on Reverse Side) "E IN THIS D R L 403 (Rev. 9/83) STATE OF COLORADO DEPARTMENT OF REVENUE DIVISION OF LIQUOR ENFORCEMENT 1375 SHERMAN STREET DENVER, COLORADO 80261 COLORADO FERMENTED MALT BEVERAGE (3.2% BEER) LICENSE APPLICATION Instructions on Page 3 of Application. USE LIC.: .. FOR LICENSE 10:: .TROUGH (EX IR 'ATE) 'TY INFORMATION; COUNTY C TY INDUSTRY TYPE LI 'IL..ITY DATE KEY COD:: ATE FEE PAID CIT, COUNTY (03) ALL ANSWERS MUST BE PRINTED IN BLACK INK OR 45-9 37.1 49-1 TOTAL FEE TEN 1. Name of Applicant(s): If partnephip, list partners names (at least two); if corporation, name of corporation ir\-r)£_I N P r. ---st N r 4 L--`t--'.cC-- V S'ttvt�- 2. Trade Name of Establishment: (DBA) -CJ.—�o‘‘, e3 3. Address of Premises: (Exact location of premises must be given. Give street and number, when pc,,:': if place to be licensed is located :r own or rural — district where it is impossible to give street and number, the lot and block number or part of sect,cr nn locatep must be given.) . 'lot+s l � i (e e &7 i X . 7 City • ()F \\ Date filed with Local Authority: State Sales Tax No 0 ,L Busine' ,pnone: 7511 4. Mailing Address: (Number and Street) G}' City or Town: 5. If these premises are now licensed, answer the following: Trade Name of Establishment (DBA). \ `\ IL State State Zip Coat Zip Cca:,, COLUMN A State License No.: Type of License: vi Expiration i':,.• o i/,_. KEY CODE 11 STATE LOCAL FEES FEES Retail 3.2% Beer: Fermented Malt Beverage License - City 11 ❑ Retail 3.2% Beer: Fermented Malt Beverage License - County Other (Specify) Kit\r( , 0 4_V— (Change of Corporate Structure, location, trade name, renewal, etc.) $ 46.25 $ 3.75 KEY CODE COLUMN B 12 E Wholesale 3.2% Beer License $ 67.50 7.50 13 16 L! Manufacturer's 3.2% Beer Llrnesrr Nonresident Manufacturer e. Importer License (Fermentei Beverage) 7 STATE FEES $100.00 100.00 00.00 Page 1 of 4 YES NO of the partners; or officers, stockholders or directors of said applicant (if a corporation); age of eighteen years? or any of the partners; or officers, stockholders or directors of said applicant (if a corporation) of of a crime? If answer is "yes," explain in detail. : assistance or financial support to the applicant; or the manager; or employees; ever been ,crod o: r crinit? If answer is "yes," explain in detail. ❑ L� any of the partners; or officers, directors or stockholders of said applicant (if a corporation); coholic beverage license? (b) had an a':coiiol is beverage license suspended or revoked? (c) had ,n"e,st in. arr entity that had an alcoholic beverage license suspended or revoked? I" a ?Plain In detail (Attach separate sheet If necessary.) W J' beverage license for the premises to be licensed been refused within the preceding one year? 1o. Does o' bid or Ind— Wt _.. loan to HI" t'd ant; or any of the partners; or officers, directors or stockholders of said applicant (if a corporation), have a direct any other Colorado Liquor or Fermented Malt Beverage license (include loans to or from any licensee, or interest in a If answer is "yes," explain in detail. 11. State whether toe aoohcant has legal possession of the premises by virtue of ownership or under a lease. If leased, list name and eddrest of Landlord and term of lease: t- \)'" -SA f.Q_1/4-2.—\V\te e S 12. Identify in( >.(• ••ms or corporations who now or will have, a financial interest, evidenced either by loans or equity ownership in the business for which this -:qNested. State the names and addresses, and the amount and source of such financial interest expressed in dollars or other items of value, s n as r tory, furniture or equipment; lie., bank, relatives, friends, previous owners, etc.). Use separate sheet if necessary. - NAME ADDRESS INTEREST List the names an.: addresses of all liquor businesses In which any of the persons In the previous question are materially interested. (Use seper;,te meet if necessary.) NAME Attach v...r... corporat ., ditional BUSINESS ADDRESS notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including a a in the profit or growproceeds of this establishment, and any aafwment,rWting to the businesswhich iaaontitrgasste gore volume, profit, sales, giving of advice or consultation. 14. Colorado ' :'urer or Wholesaler app:'icants, answer the following: (a) Does . • , nt own, lease or operate any Colorado warehouse or storage plant in connection with this business? If answer is , , give full address; if "no," explain in detail. Li PT YES NO (b) Does r:.., :,.'i. -nt have an active surety bond for the payment of liquor excise taxes? If ant : r :.: ," give amount and name and address of insuror; if "no," explain in detail. Li (c) If thr e.. .. .. -s a wholesaler, does or did any owner, part owner, shareholder, director or officer have any direct or inclu r- L nterest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to s;;'.I • malt beverages, or malt, vinous or spirituous liquor? If answer is,"yes," attach ex?Ianation in detail. (d) Doty. + r: :.< <t have a valid Federal Basic Permit? If "yes," attach a copy of the permit; if "no," explain in detail. i.. Page 2 z' (continued) ermented malt beverages) or Importer (Fermented malt beverages) applicants, answer .._ ! :tensed wholesaler do y tend to ship your merchandise? YES NO is an importer or manufacturer, does or did any owner, part owner, shareholder, director or officer have .,r indirect financial interest in an importer, manufacturer, wholesaler or retailer already licensed by the • _'a'_o to sell fermented malt beverages or malt, vinous or spirituous liquor? If answer Is "yes," attach explanation In detail. ❑ ❑ :air: I have a valid Federal Basic Permit? If "yes." attach a copy of the permit; if "no," explain in detail. ❑ ❑ to importer or manufacturer, are you the primary source of supply in the US.? .:Main in detail. ❑ ❑ ohcant is an individual or partnership, answer the following: (Attach separate sheet if necessary.) .v of individual or name and class Home Address, City and State: .ch r. tner: f-3 Nt2 Date of Birth: ?5Rd444 rnw\N ¶4 'Gin, aerating Manes r: Home Address, City and State: -... V 'r �c..5 r N Pr — 4}MA-`-n Rbo /?, h c said partnership commence doing business? (Attach a copy of tfta partnership agreement, except as between husband and wife, c ' eie affidavit.) SLR M -Pc Q-hca Pre_4-Sere (a- 51'111 1? I 2 corporation, answer the following: .. c ;anized under the laws of the State of: rn,.o. ousiness is conducted at: •ig iav annual corporate report to the secretary of state: County of: Date: State of: iry end State: ( Date of Birth: •zr: '.,.-n; include actual c: vr.-' cr pledgee. (Use separate sheet if necessary) iec I Home Address, City and State: % of stock: Date of arth: r .., .:. =tton or Trustees - air„r Home Address, City and State: Date of Birth: INSTRUCTIONS ,c;uropriate box for the type of license(s) being applied for on page 1. If you are applying for a retail license described in ".„ contact the Local Licensing Authority to obtain all local procedures and requirements. .h separate sheets or m Jitional documents if necessary to fully complete this application. Copies may be accepted (other "on) if signatures am evment. AU documents must be typewritten or legibly printed in BLACK ink. For those retail Puree's described in Column A on page 1, this application and all supporting documents must FIRST - DUPLICATE WITH AND APPROVEDBY THE LOCAL AUTHORITY. Application will not be accepted unless all appli• s are fully answered, ali supporting documents correspond exactly with the name of the applicant(s) and proper fees " Individu:-= cc` must be completed and filed in duplicate by the following: iartners ted partners and directors of z c::-: -a at,on o!ders of a core- 1-t s L::ct to the Securities and Exchange Act of 1934. :;ckholders of a , -,:rrt to the Securities and Exchange Act of 1934. managers ;n required to f :. f ii:.l must submit fingerprints to Local Licensing Authority. 6) I_,ca se status will i ,t : ri ven aver the telephone. License will be mailed to the Local Licensing Authority upon issuance, • OATH OF APPLICANT This appliication is to be signed by individual, each general partner of partnership and by corporate applicants. declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that I know the contents thereof, and that all matters and information set forth therein are true, correct and complete to the best of my knowledge and information; and I agree to conform to all applicable statutes and all rules and regulations promulgated by the Colorado Department of Revenue in connection therewith. INDIVIDUALS AND ALL GENERAL PARTNERS OF PARTNEBSHIPS MUSTSIfiN MERE: DATE: /a/4/ O CORPORATIONS SIGN HERE: By (President, Vice President, or Secretary) DATE: REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (MANUFACTURERS, IMPORTERS, WHOLESALERS DISREGARD THIS SECTION) The foregoing application has been examined and the premises, business conducted and character satisfactory. We do report that such license, if granted, will meet the reasonable requirements of and the desires of the inhabitants, and complies with the provisions of Title 12, Article 46, CRS CRS 1973,as amended, 12-46-117 (1) (a) The local licensing authority (I) Sales for consumption (I I) Sales for consumption (III) Sales for consumption' of the licensee. Check One: shall restrict the use of said license to: "off" the premises of the licensee; or I I "on" the premises of the licensee; or U 'both on and off" the premises (b) The provisions of paragraph (1) (a) shall not apply to any license issued this article prior to July 1, 1967, nor to any renewal or reissuance thereof. THEREFORE THIS APPLICATION IS HEREBY APPROVED. DATED AT Greeley this AT BY: ATTEST WELD COUNTY 8thdeyof December AD 19 86 Name of Town City and Cou or, Ch an oloard o co tycommissioners or other title of the licensinq'�uthorny) (CIe ecretary of othheer officer hyavinang !r oQ/e0 h e st �e-�icial see the licensing authority) of the applicant is the neighborhood 1973 as amended or applied for under (If the premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official.) Local Licensing Authority report the following pertaining to each person required to file form DRL 404-I: FINGERPRINTED & SUBMITTED BACKGROUND N.C.I,C. & C.C.I.C. CHECKS Yes No ❑ Yes 1p No ❑ . Pane 4 of 4 6. Do you now, or have you ever had a direct or indi nterest in a liquor or beer license, or been employee a liquor or beer related business outside otthe State of Colorado? If "YES", describe in detail. YES 0140 27. Have you ever been convicted of a crime, fined, imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or military court? (Do not enclude traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of alcoholic beverages.) If "YES", explain in detail. DYES ted,NO 28. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If "YES", explain in detail. YES Q"O 29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If "YES", explain in detail. State/Federal: Year: City: State: State/Federal: Year: City: State: 30. Military Service: branch: From: To: Serial No.: Type of Discharge: 31. List all addresses where you have lived for the last five year .(Attach separate sheet if necessary) Street and Number: ` City/State/Zip: From: To: Street and Number: \ 'J City/State/Zip: From: To: 32. List all former employers or businesses engaged in within the las five years: (Attach additional sheets if necessary) Name of Employer: 414-`..1 v . V\. -c- r Address: (street and number) ) k' z , 1 AV om. -- 2_,M, �-L (city/state/zip) Position Held: From: To: Name of Employer: Address: (street and number) (city/state/zip) Position Held: From: To: 33. List the names and attach letters of recommendation from three persons who can vouch for your good character and fitness in connection with this application. Name of Reference: Address: (street and number) (city/state/zip) No.Years Known: Name of Reference: Address: (street and number) (city/state/zip) No. Years Known: Name of Reference: Address: (street and number) (city/state/zip) No. Years Known: STATE OF Cb A i`> 12 COUNTY OF L\ C\ C SS. I understand that a false answer to any of the foregoing can subject the application to denial or a license to revocation. I certify that all of the information in this Individual History Record is complete and correct to the best of my knowledge and belief. Subscribed and sworn to me this "/ dayof'L / , 19 `!ca WITNESS my band findofficial seal. re.". V A` ,(ATTACH SEAL) My cpmmission expires E/7/9 .- i Signature Notary Public /J ' C/45 �LLtX DRL 404-I (6/79) STATE OF COLORADO DEPARTMENT OF REVENUE/LIQUOR ENFORCEMENT INDIVIDUAL HISTORY RECORD To be completed, key each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5% stockholder, oft a 'c?orpdration, and the manager of the applicant. NOTICE. 1.1.,11 This Individual History Record provides basic information which is necessary for the licensing authorities' investigation. ALL questions must be answered in. theirentirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character and reputation of the applicant. 1. Na m¢ of Business: ELt,3 Co04 Ys. ur Full Name: (last/first/middle) y4 crsr- / 1 4. Height: ( a0 6. Your Asia lonship to Applicant: (sole owner/partner/corporate officer/director/stockholder or manager) Weight: /9c Hair Color. 61Ifc Eye Color: T• Sex: Race: Date: 3. Also Known As. ( maiden name/(nickname/etc.) C Cs � f=)t�)CAFt 7, 1r71RI��VP5 t:L' (p(Lt- 5. ccS DO you have a Colorado Drivers License? If "YES", give number. Social Security Number: �f; ❑NO a 7. If Stockholder, Number of Shares Owned Beneficially or 1 Re c ro P cen of Qu nding Stock Owned: 8. If Partner State Whether: I2GENERAL ❑LIMITED 9. Residence Address: (street and numbencrtyrstater zip) Percent of Partnership Beneficially Owned: `z1r t 24 10. Is your residence: If rented, from whom? 1:3,OWNED ❑RENTED 11. Mailig.g Address, If Differen From Residence: 12. Name of Present Employer: 1 Sr'ov `-q 13. Type of Business of Employment: 14. Address of Business Where Employed: (street and number/city/state/zip) 15. Present Position: rJ y✓ Q::, 4 V—� 16. Home Telephone: ,.J, "y C'' — 7 7 l ; Business Telephone. 5 & 1. I t 17. Date of Birth: Q//- of Birth: /1' SIGN, -7-x 18. U.S. Citizen?. V<ES ONO If naturalized, state where: When: Name of U S. District Court: Naturalization Certificate No.: Date of Certificate: If an alien, give Alien's Registration Card No.: Permanent Residence Card No.. 19. Marital Status: 20. If spouse is a wife, wife's full maiden name: 21. Spouse's Date of Birth: Place of Birth: 22. If spouse's residence address is different than yours, list here.: (street and number/city/state/zip) 23. If spouse works, state name of present employer: Occupation: Address of present employer: 24. List the name(s) of all relatives working in the liquor industry, giving their: Name of Relative: Relationship to you: Position held: Name of employer: Location of employer. Name of Relative: Relationship to you: Position held: Name of employer: Location of employer: 25. Do you now, or have you ever held a direct or indirect interest in a State of Colorado Liquor or Beer License? If "V ES'', answer in detal. OYES QN4O 126. Do you now, or have you ever had a direct or in .:t interest in a liquor or beer license, or been emplol .n a liquor or beer related bus:ness outside ofthe State of Colorado? If "YES", describe in detail. DYES 27. Have you ever been convicted of a crime, fined, imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or military court? (Do not enclude traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the inft.oence of alcoholic beverages.) 1f "YES", explain in detail. OYES !ZINO 28. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If "YES-, explain in detail. EYES QNO 29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If "YES explain in detail. YES CJNO State/Federal: Year: City: State: State/Federal: Year: City: State: 30. Military Se(vice branch: !J / c1- From: To: Serial No.: Type of Discharge: 31. List all addresses where you have lived for the last five years.) Attach separate sheet if necessary) Street and Number: City/State/Zip: From: To: Street and Number: City/State/Zip: From: To: 32. List all former employers or businesses engaged in within the last five veers: (Attach additional sheets if necessary) Name of Employer: .� ,y� `\� U C; \C-, y -k Address: (street and number) — (city/state/zip) ri Fe. `C c.- \ ‘ \ 1 3--c, Position Held: ; 1 - t' -in '\•-, At-\- i•.. From: ,:• To:"j,/ J Name of Employe7: Address: (street and number) (city/state/zip) Position Held: From: To: 33. List the names and attach letters of recommendation from three persons who can vouch for your good character and fitness in connection with this application. Name of Reference: c_ Address: (street and number) (city/state/zip) No.Years Known: Name of Reference: Address: (street and number) (cityistate/zip) Na. Years Known: Name of Reference: Address: (street and number) (city/state/zip) No. Years Known. STATE OF SS. Cde I COUNTY OF I understand that a false answer to any of the foregoing can subject the application to denial or a license to revocation. I certify that all of the information in this Individual History Record is complete and correct to the best of my knowledge and belief. Subscribed and sworn to me this 6n% day of—LkC-DJh b� WITNESS my hand arid official seal. 1 ti \(ATTACH SEAL) My cojpirnission expires: F/1 ,19 __ Signature •40 ary Public Q/)5" ? tri (7,re/et/ . C'� ggC031 0. s your residence: , If rented, from whom? �NED ❑RENTED DRL 404-I (6/79) STATE OF COLORADO DEPARTMENT OF REVENUE/LIQUOR ENFORCEMENT INDIVIDUAL HISTORY RECORD To be completec+l by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5% stockholder of'a corpdratiorf,'and the manager of the applicant. NOTICE• '-7,1".O This Individual History Record provides basic information which is necessary for the licensing authorities' investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character and reputation of the applicant. 1. Name of Business: iA (a/ 2. Your Full Name (last/first/middle) C ;/1//4 4. Height: Weight: Hair Color Eye /Color: Sex: Race: 5. Do you have a Colorado Drivers License? If " give number: /Y- �, U /J L] � �i ES 6. Your Rela ionshlp to Applicant: (sole owner/partner/corporate officer/directo /stockholder or manager) Date: 3. Also Known As: (maiden name/nickname/etc.) Social Security Number: 7. If Stockholder, Number f Shares Owned Beneficialor of Record: Percent of Outstanding Stock Owned: 8. If Partner State Whether. i ENERAL ❑LIMITED 9. Residence Address'. (street and ber/city/state/zip) s` Percent of Partnership Beneficially Owned. }1 f? n J <C( 7.2- / 11. Mailing Address, If Different From Residence: r) . �' �. ry 4 — `, l 11� 1 ` �(�y „,c; 12. Name of Present Employer'. 14. Address of Business Where Employe: lsstreet and number/city/state/zip) n_., 15. Presen4 Position 17. Date of Birth Place of Birth'. 13. Type of Business of Employment: _t• \ `J 16. Home Telephone: Business Telephone: f i L V G (c// \ \ -0 3vLFd \ l 18. UU,,.5//Citiz n?: 01 S ❑NO If naturalized, state where: I When: Name of U S. District Court: Naturalization Certificate No.: Date of Certificate. - If an alien. give Alien's Registration Card No.. Permanent Residence Card No.: 19. Marital Status: 20. If Spouse IS.a wife, wife's full maiden name: 21. Spouse's Date of Birth: Place of Birth: t ) 9p if cnnuse res nce address is different than yours, list here,: (street and number/city/state/zip) 23. I1 spouse works, state name of present employer: Occupation: Address of present employer: fives working in the Il9uor Industry, giving their: L4 Name of Relative: o V Relationship to you: Position held: Name of employer: Location of employer: Name of Relative: Relationship to you: Position held: Name of employer: Location of employer: 25. Do you now, or ave you ever held a direct or indirect interest in a State o EYES NO Gibs Recorded at ✓ _ _. o'clock Reception 1654056 e hf FEB 13197E S. LEE SIILIIEE, Jk. Recorder. a LI -Two thousand one payable to the order of whose... nddrebs _ __ at the rate of 24.04 THIS INDENTURE, Made this 7th day of February in the year of our Lord one thousand nine hundred and seventy -fl ve between FLORINDA T. PESINA whose address _ P. 0. Box 23, Gill, Colorado 80624 part y of the first part, and the Public Trustee of Weld County , in the State of Colorado, party of the second part, Witnesseth: THAT, WHEREAS, The said FLORINDA T. PESINA ha S - executed her promissory note bearing even date herewith, for the principal sum of hundred sixty and no/100 - "" Dollars, GREELEY INDUSTRIAL BANK 1.",00 8th Avenues Greeley, Colorado 80631 after the date thereof, with interest thereon from the date thereof per centper annum, payable (February 10, 1977 ) according to the teno of a note of even date and amount herewith, maturity date of which is February 10, 1977. i AND WIIEREAS, The said part y of the first part I s desirous of securing the payment of the principal and interest of said promissory note in whose hands soover the said note or any of them may be. NOW, THEREFORE, The said part y of the first part. In consideration of the premises, and for the purpose aforesaid, do es hereby grant, bargain, sell ay.d convey unto the said party of the second part In trust forever, following described property, situated in the County of We 1 d , State of Colorado, to -wit: The South 40 feet of Lots Fift ep (15) Sitteen (1() and Seventeen(17), in Block Seven �J), In the Iown.oflGTll, Colorado IIl I TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenance., thereunto belonging: In Trust Nevertheless, That in case of default in the payment of said note or any of them, or any part thereof. or in the payment of the interest thereon, according to the tenor and effect of said note or any of them, or In the payment of any prior encumbrances, principal or interest, if any. or in case default shall he made in of violation or brunch of Any of the terms, conditions, covenants or agreements herein contained, the beneficiary hereunder or the level holder of the indebtedness secured hereby may declare a violation of any of the covenants herein contained sod elect to advertise said property for sale and demand such sale, then, upon filing notice of such election and demand for sale with the said party of the second part, who shall upon receipt of such notice of election and demand for sale cause a copy of the same to be recorded in the recorder's office of the county in which said real estate is situated, it shall and may be lawful for said party of the second part to sell and dispose of the same (en masse or in separate parcels, as said Public Trustee may think best), and all the right. title and interest of said party of the tiro[ part, her east front door of the Court House. in the County of WE I D heirs or assigns therein, at public Auction et the State of Colorado, or on said premises, or any part thereof as may he apeelfied in the notice of said sale, for the highest and best price the same will bring in cash, four weeks' public notice having been previously given of the time and place of such sale, by advertisement, weekly, in some newspaper of general circulation at that time published In said county of We I d , a copy of which notice shall be mailed within len days from the ante of the first publication thereof to the said part y of the first part at the address herein given and to such person or persons appearing to have acquired a subsequent record interest in sail real estate at the address riven in the retooled instrument; where only the county and state is riven ns the address then such notice shall be mailed to the county seat, and to make and give to the purchaser or purr hasern of such peep"sly at such sale, a rerti firnte or certificates in writinr 'llevetihing such properly purchased, and the suns nr sums paid therefor, and the time when the punts user nr purchasers (or other person entitled thereto) shall be entitled to a deed or deals therefor, urime the re he roorreel as is provided by law: and said Public Tun lee shall, upon demand by the person far persons holding the said certificate nr certificates of pu:shar.e when said demand is made, .5r upon :r and by the person entitled to a deed to and for the property purchased, at the time such demand is made, the time for redemption having expired, make and execute to such person or persona a deed or deeds to the said property purchased, which said deed or deeds shall be In the ordinary form of a conveyance, and shah be signed, Acknowledged and delivered by the said Public Trustee, as grantor, and shall convey and quit-rlaim to such person or persons entitled to such deed, as grantee, the said property purchased as aforesaid and as the right, title. Interest, benefit and equity of memption of the part y of the first part, hIsepr heirs and assigns therein and shall recite then m or sums for which the said `property was sold and shall refer to,lhe power of sale therein contained, and to the sale or sales made by virtue thereof: and in ease of an ussirnment of such certificate or certificates of purchase, or in e of the redemption of such property, by a subsequent enrunihrnnrer, such assignment or stem p tinn shall also he referred to in such s steed nr deeds: but the notice of sale need not he set nut in such deed or deals: and the said Public Trustee shall, out of the proceeds or vails of such sale, after first paying and retaining NI fees, charges and coats of making said sale, pay to the beneficiary hereunder or the legal holder of said note the principal And interest doe on said note seconding to the tenor and effect thereof, and all moneys advanced by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at per cent per annum. renderings the overpius, if any, unto the said part y of the first part, her legal representatives or assigns; which sale or sales and said deed or deeds so made shall he a perpetual bar, both in law and equity. against the said part y of the first part, her heirs and assigns, and all other persons claiming the maid pmpert'. or any part thereof, by, from, thrm,rh or under said part of the first part, or any of them. The holder or holders of said note or metes may purchase said property or any part thereof; And it shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money. If a release deed be required, it is agreed that the part y of the first part, her heirs or assigns, will oar the expense thereof. DEED UP TRUST —Public Trustee —Receiver's Clause —Attorney's Fees. Lva. w✓•, Peas.. ItfaerItiee And the said part y Inwn, covenant and agree these present, are of the first part, fur her and for 1ti j4U5B rY _ y her heirs, executors and adminia. W and %nuts the said parry „t the he.oud pant, that at the lime of the uuealing of and delivery of well yelled of the emir Lome heel temvo ale in L. v unple. and lea 5 goal right, full power and lawful authonly to grant. bargain, sell and convey the alone in manner and form in also,,mJ; leash> fully and al,aolutoly waiting and releasing all rights and clam she Loa, tam- in mw to sand lands, (ern v,, awl t nrperty Ilun,u.alcad themplan,. or be teased u - by moor all) _. t of tn, .. dd evelehly of Cd the Stale of ureul.r nos exulting aor which , oty hereafter p ed in relatroi rru thrr, add that the ballet are fire soil star of till Ions and uwar,, ,u wlwtever. No other liens of record and rho abuse .,ergainrd properly in the quiet and peaceable pnsvr.r:on of the said a s,.oau ' •. party ,she net hart. his o. rs sons aga,rmat all soul every p ,n or persona lawfully claiming or to chin, the ..Lute or ,u> part' tlirn'af, the said part y of the first part shall and will Warrant and Forever i>efn.d And that during the continuance of said indebtedness or any part thereof the said part y of the first part will in due season pay all taxes and assessments lethal under the laws of the State of Colorado (except income taxes) on the obligation hereby soured; and assessments levied on said property: all ammonia due or to become due on recount of principal and interest to prat- encumbrances. if any: and will keep all huildinga that may ut any time hr on raid lands,, insured against tins by fire in such company or companies as the holder of said note may, from time to time (linnet, for sueh aura or burns as such company or companies will insure fur, not to exceed the amount of said indebtedness, except at the option of said port y of the lint part, with lose, if any, payable to the beneficiary hereunder, as any interest may appear, and will denser the poloy or pollens of insurance to the lent'(icmary hereunder, as further security fur the lndehtedn, :s aforesaid. And a, cave „f Ow failure of raid path part v of e first part to thus s and deliver the pul,rin of insurance. or to pay such taxes or arstsssmsnla or ,uuourrtn due or to becuml duo tin ally prior encumbrances if ally, then the holder of said late , or any of them, may procure such insurance. or pay such taxes or msevsmentd or amounts due upon prior encumhrancts. if any, and all moneys thus paid, with ,merest thereon at 24. Oil her , neurr, per annum. shall Legion,,' oo much addible n:a indebtedness, secured by this Deed of Trust, and shall he pad out of the ',rotor's of the vale oftheproperty aforesaid, ifnot otherwise maid by said part y of the first part an,l may for such failure declare a violanon of this covenant ant and agreement. e, elnt. AND -ruin' IN CA>f: OF ANY Uhll- *cur, Whereby the right of fureclosurre occurs hereunder, the rand party ofthe second part or the holder of snot mete or certificate of purrhmo, thrill at once become entitled to the possession.use and enoyment of the property tit r , id 1 to u,e rents, and profits the nx,f f the proceedings and then n..there of 'h rigIt and during the p rr of the sisund pout! of dumpf� if any be, ,I n i possession shall at once is delivered to the said party of the second part or the holder of said note or certificate of purchase on request, and ou refusal. the delivery of such possession rimy he enforced by the sold party of the second part or the holder of said note or certificate of ournhnce by any approp fiath civil suit or Proceeding, and the rail party of the second part. or the holder of said note or certificate of purchase, or to any thereof, shall be entitled a Re- ceiver fors id property, and of the rents, issues and profits thereof, after such default, im'ludiugthe time covered by foreclosure prunc,l- ings and the period of redemption. if any there be. and shall be entitled thereto as a nester of right aithout regard to the solvency or Insolvency of the part y of the first part or of the the of ,id property and without regard to the value tlerod. and such Receiver may Le appointed by any court of competent Jurisdiction utoen parte application and p ssly waived —and all cots, tai such ht Receiver olive 1.,liuy Leaf ex- pressly hereby rid, according law fi and them orders o therefrom shall be applied by to the p„ymt tot of the AND. That in case of default in any of a said oprincipal of the coact_ payments of principal or interest. according to the tenor and effit of said promissory note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants ur agreements herein, by the secrain arid d of the trot part, her torn i tnsw s, then and that ,se tie i 1 f -sod I moil sum hereby the interest then to the tint,. of ml itsr the n said property be sold in the manner and same e at u option f thin LuJ bolder Metier, try and ',noddy. y with the effect �_ f rid - I It Ine._v hell contend arid that if f �. su re lie node by the Public Trustee, an attorney's fee of the rnrw su of any reasonable amount dollars for t in t:,e supervision of said foreclosproceeding'proceeding's shall be allowed by the Public Trustee as a part of the cost of foreclosure.re, and if foreclosure be made through the courts a reasonable attorney's fee shrill be taxed by the court as a part of the costs of such forts ck,sure pnrriNinga. IN WITNESS Wn EREOF, The said part y of the first part ha S hereunto set her hand and seal the day and year first above written. ` WITNESS: Ffor inda TLPesrina,7_,(f�n �. A'_ .,, LSaT �'cz-r-y-La.J (SEAL) (SEAL) (SEAL) The foregoing instrument was acknowledged before me this 7th day of february 1,75hy Flaunda T ---_ Pes i na____.-__ , , --- Wiuness my hand and ono; al seal. 1 )A S \) I '�y�f' ' s FA 9� / COrLORADO, w ,Go,ty,�,f 1.04 IL__ _ t. ' �(' flti w,fQ } as. •y to "salon expj —/ U, ? F 7 ca ri DEED OF TRUST 0 4.1 W H F+-1 U �s� W a YW W H FOR THE USE OF T v Yj U e. O 0a n2 0 m E C7 s —f a [1] oil L. as 4 O , and is duly Notary Public. unit I LOAN PROMISSORY NOV' SECURITY AGREEMENT, FINANCIP STATEMENT, DISCLOSURES MAKERS ID ORS) (Last name First) and Address PRECOMPUTED FINANCE CHARGE LENDER ISECURED PARTY) 1 fa PES!NA, Florinda T. P, 0. Box 23 Gill, Co 80624 Business Phone Home Phone Int. Starts 2/7/75 DISCLOSURE TERMS: Proceeds Other Charges: Insurance Official Fees Transamerica otal Other Charges Amount Financed !Finan-e Charges: ri Interest $ 101.52 $ --5.50 $ 75.00_ -. $ _.458. 9 IFINANCE CHARGE (Total) GREELEY INDUSTRIAL BANK 1400 8th Avenue Greeley, CO 80631 Customer Number Jute Number $ ..1,515- 59 ---- $- 186.02 $. 1, 701.61 A 458.�3s9. E Total of Payments EH2 5-22i21460F.Dote �yo ANNUAL PERCENTAGE RATE Guy EH I DUST �- Y By: pre% FOR FILING OFFICER Date at Nate and Agreement INSURANCE: Property insurance, obtained by Maker Disability Insurance and no insurance is statement below: 2/7/75 Maturity Date 2/10/77 if written in connection with this loan, may be through any person of his choice. Credit Life and is not required. No charge is made for insurance provided unless the borrower signs the appropriate Credit Life Insurance alone costing for the term of the credit. _l Credit Life and Disability Insurance costing $101._52___ for the term of the credit. (Other Insurance) ------ — I DESIRE THE INSURANCE CHECKED ABOVE 2/7/75 ?C,-€,Yt_i;r,c.I,c7'"�r2`ac>acv (Signature o Maker) Maker promises to pay to the order of GREELEY IN .STRIAL BAIffP'_ at its banking house in Greeley,. Colorado the sum of E. 2,_160.00_. (Total of Payments) payable in _24 monthly installments of $ _ 90.00_ -each (except the final payment which shall be the balance then due on this note), the first installment to be paid on Ha rch 10 75 - on the same day in each successive month thereafter until this note has been — _. - 19 and subsequent installments paid in full, or as indicated in the space below. mayg $5 which is of the amount of the grant a deferral for such length of the holder unpaid f il The hula y may assess a charge in the amount described i may determine and assess and collect charges therefor at the ANNUAL PERCENTAGE RATE, the holder n (a) on any { paid in a within twenty days after the deferred due dale. At the option of the holder, the unpaid balance of this note and all other obligations of Maker to the holder, direct or indirect, absolute or contingent now existing or hereafter arising, shall heroine immediately due and payable without notice or (lenient/ if (.1) any payment required by this note is not made when due, or (b) a default or event of default occurs under any loan or security agreensent or other instrument executed as security for or in connection with this note, or (c) the holder at any lime in good faith believes that the prospect of any payment required by this note is impaired, whether or not such belief is caused by any act or failure to act of any Maker or of any endorser, guarantor or accommodation party of or on this note (hereinafter collectively referred to as "any other signer"). maker hod any oilier waive I I. c t t f li tin rsor protest payment due under this I any ul. rt t' l..s f roll al and r d addition or I .war to any t n! r sent to any right under 1 is mete or security agreement n ct on herewithsl . shall release of any s pt or No waiver of ,y payment o, other holder h c` �oilier enforces this note upon default, Maker or a other sinner shall p, or r a a reimburse s vet of na er payme nt o t ses li ct nl t incurred in e cliIf any r for, Security therefor and (h) if referred to an attorney not a salaried employee of holler, reasonable olm � b ee attorney'syreasonable not e in excess of 15% of the realizing udon any debt after default or, if allowed by the Colorado Uniform Consumer Credit Code (UCCA, such additional fees as may be directed by the Court unpaid In the event of prepayment in full, any unearned Finance Charge will be refunded lased on the Rule of 7B's or as otherwise provided in the UCCC with respect to an irregular payment schedule, if $1 or more; hut if the earned Finance Charge at the time of prepayment is less than $_.15,00 holder may retain said amount (inclusive of earned finance charge) as a minimum change.the Lender shall have the right of offset against any deposits by any Maker with the Lender or any assignee of the Lender. SECURITY AGREEMENT To secure the payment of the foregoing indebtedness, and any and all liabilities, direct, indirect, absolute, contingent, due or to become due, now exist ing or hereafter arising (all hereinafter sometimes called "obligations") of the Debtor to the Secured Party, the Debtor grants to the Secured Party a security interest in the following property and any and all additions, accessions, attachments, accessories, repairs, replacements, substitutions and proceeds thereof, thereto or therefrom (hereinafter sometimes called "Collateral - I: MAKE 1 If any installment of this note is not paid in full within 20 days after its due Hate the holder of this note (the "holder'') in lieu of acceleration of maturity, at the holder's sole option either (a) charge Maker an amount, not esreedin S suc en t time as h o" AL RC[ TAGS or k Y payment thus deluge( d which is not full STYLE AND MODEL IDENTIFICAT IOf-I NUMBER YEAR Chevrolet Pickup CCE142J121451 1972 Debtor's obligations are further secured by the following separate instrument(s) covering the following described collateral: of Lots 15, 16, 17, Block 7, Town of Gill, all Cafe Equipment and Furn and Fix. Purpose of Loan _ 5 p (Persona I, Family, House o9 Agrimbura Agricultural or Business) Debtor warrants that he is the owner of the collateral free and clear of liens, encumbrances and security interests; that he will not sell, transfer or encumber the collateral without prior written consent of Secured Party; that the collateral is located at and will he kept at his address above shown; if a motor vehicle not to remove the same from Colorado, and if other collateral not to remove the same from his address above shown without written consent of the Secured Party; to pay all lases when due; to procure such insurance as may legally he required by Secured Party and deliver the policy to Secured such insurance, the expense thereof to be secured hereby and paid by Debtor. Party with a loss payable clause in favor of Secured Party or a certificate thereof; in default of the foregoing Secured Party may pay such taxes or procure Debtor may retain possession of the collateral until any default hereunder_ If default shall occur in the payment of the Note or other obligations secured hereby or in any conditions of this Security Agreement or the Note secured hereby, or if Secured Party feels insecure in its security, then the Secured Party may take immediate possession of the collateral wherever found, with or without legal process, and may exercise any rights and remedies granted Secured Parties by Article 9 of the Uniform Commercial Code upon default by Debtor under a security agreement and such other rights es are permitted and provided by law. apply to each and any of them jointly and severally. This note shall be construed under and governedlaythe lays of Colorado. If there is more than one Maker, all of the provisions of this note shall OTHER IDENTIFICATION Secured Party's Signature (FOR FILING OF INSTRUMENT AS A FINANCING STATEMENT) GREELEY INDUSTRIAL BA)NK --- BANK ( I 1 By signing this instrument, the undersigned also acknowledges receipt of a cop y. py. Signature of Maker -Debtor: and First Deed Florinda T. Pesina n E�r�E;�C , T Wit. PARTNERSHIP AGREEMENT THIS AGREEMENT is made this 2nd day. of December among Guadalupe Pesina and Florinda Pesina 1. FORMATION OF PARTNERSHIP. The parties to this Agreement hereby form a general partnership pursuant to the laws of the State of Coloraao. The parties shall execute such documents, in addition to this Agreement. and take such other actions as shall be appropriate to comply with the requirements of such laws for the formation ana operation of a general partnership. 2. NAME AND PRINCIPAL OFFICE OF PARTNERSHIP. The name of the partnership shall be PESINA. S _A:7 The principal office of the partnership snaii oe in the State of Coloraao.. 3. TERM. The partnership shall continue in existence until terminatea as herein proviaea. 4. BUSINESS OF THE PARTNERSHIP. The business of the partnership shall be operating a restaurant business in tree State of Colorado and to engage in any other activities which may be legal for a Colorado general partnership. 5. CAPITAL. An individual capital account shall be maintained for each partner. to which there shall oe credited all of his contributions ana his share of all partnership income which is retained as capital. and to which there shall be charged all withdrawals of capital. If any, and his share of operating losses. if any. No partner shall withdraw any part of his capital account without the consent of the partnership. The initial capital contributions and accounts shall be as follows: Each of the above namea partners will share equal :n the assets of the restaurant ousiness. Such assets co pct include the real property in which the business is located but do include the equipment ana suppiies i es nog•; ne i a for use by the business. As consideration for this agreement. Florinda Pesina will contribute the current assets of the established ongoing business ana Guadalupe Pesina will contribute his labor for a period of at least five years in maintaining ana operating the business on a aaiy basis. Az the end of five years or upon the aeath of Florinda E'es:na. whichever occurs first, this partnership will vest, there are no other conditions imposed for the vesting of this interest. 6. PROFIT AND LOSS. The partners shall participate in the profits ana losses of the partnersnlo :n proportion to their interests in the capital of the partnership. A separate income account shall ce maintr.ir:ea for each partner. Partnership profits and losses shall ce chargea or crecitec to the separate income accounts unless a partner has no credit balance in his income account„ in which event losses shall be charged to his capital account. At the end of each calendar year, any credit balance in the income account of a partner shall De added to his capita: account. 7. SALARIES. INTEREST AND DRAWINGS. Each partner shall aevote such time to the partnership cusiness as :s ti) reasonaoiy necessary for such purposes. and (ii) Consistent (..'ith his other .:usiness respcnsioi i sties ana obi:cations. No partner sh.a:l ce entitles to any sal.ar„, interest or other payments from -r.e partnership except . i 'r. tne approval of all partners. 8. .'.?:IAGE TE?•ZT . DLI7I7S AND STR. c : J'l... .. ! '. decisions with respect to the management of -ne pa.rtnershipousiness and the admissicn of new partners snail ce approvea c:' persons owning a majority of the partnership capital accounts as measurea by the then existing amounts in such partner shall ar ..ersr1. accounts. No D... V Jnu i on bBha i T of the � ... ^ . except with the consent of the partnersship. enacrse any note. act as an acccmmoaation party cr otner`gise ceccme surety for any person. Without the consent of t ne partnership. no partner shall on cehalt of the aartnersn:p borrow or lena money, deliver or accept any commercial paper or execute any mortgage, bona or ':ease. or purchase or contract to purchase or sell or contract to sell any property for or of the partnership. No partner shah ao any act or enter into any agreement aetrimental to the best interests of the partnership or which wouia make it impossible to carry on the partnership business. 9. BANKING. All funds of the partnership shall re deposited in its name in such checking account or accounts as shall oe designated by the partnership. Ali witharawals therefrom may be made upon checks signed by any partner or agent aesignatea by the partnership. The partners shall designate by unanimous vote these persons having •author: -y to transact business on such accounts. 10. BOOKS. Tha partnership books shall be maintained at the principal office of the partnership. ana each partner shall at all times have access thereto. The books snail ce kept on a calendar year oasis. commencing January _ ana ending Decemoer 31, and shall be closes and balances at the end of each calendar year. 11. VOLUNTARY TERMINATION. The partnership may oe dissolved at any time by the approval of the persons owning a majority of the partnership interests. In which event the partners shall proceed with reasonable promptness to liquidate the partnership affairs. The assets of the partnership shall be used and distributes in the :c`:.c•iinc order: (a) to pay or provide for the payment of all partnership liabilities and liquidating expenses anc obligations other than to partners: (b) to pay suits c•iec to partners: (c) to discharge the balance of tre income accounts of the partners. 12. PARTITION. No partner shall (a) tiler -tee. -tears aqe. assign or otherwise encumoer n:s S respective partnership interest. or (o) sue to partition his interest in any red: property owned off, the partnership r tnersh,p t•, tnctM r t � n consent of persons (including himself) owning a nisi; - the partnership interest. 13. DEATH OF PARTNER. Upon the death of a partner tr.e surviving partner shall have the right to continue the partnership with the personal representative or heirs of the aeceasea partner or to terminate and i:quiGate the partnership business. If the surviving partners elect 70 continue the partnership. they snail o'_'e a written notice of such election to 7he personal representative of the aeceasea partner iznin a period of 60 clays after receipt of notice of his death. If the surviving partners do not eject to continue the partnership, the partnership shall prV...t_ sell the property and commence to wind up its affairs and shall distribute its assets in liquidation under the supervision of the surviving partners ana the personal representative of the decease° partner. Ail profits anc losses in liquidation shall oe allocates among the sur.:i" emu partners and the estate of the-aeceasea partner :n :ne manner set forth in paragraph 6. - 14. INCOMPETENCY OF PARTNER. If any partner sna: tie adjudicated to oe incompetent in an appropriate _::ac=c:a: proceeding, the rema i n i g partners shall have the _ i gh• t 7O continue the partnership with the personal representative of the incompetent Partner or to terminate ana liquidate 'ne partnership business. If the remaining partners elect to continue the partnership. they shall give written notice of such election to such personal representative within a period of 60 Days after receipt of notice of such partner's incompetence. If the remaining partners ao not elect to continue the partnership. tney snail i.gulaate tne partnership in the manner set forth in paragrapn :=• _5. RIGHT CF FIRST REFUSAL. I: any Partner v..a. _ . any time propose to sell or otherwise clspose of cor.sicei at ion any or all of n:s interest in the he shall first make a written offer to sell his entire interest to the partnership or other partners. Such shall state the name of the propose° transferee ana a.. terms anc conditions of the proposea transfer. The partnership or remaining partners shall have the right for a period of 90 gays after receipt or such offer to elect purchase the offeringpartner's entire interest tether in its entirety cv :he p wrtnersh 1 o c among tne partners -no ....c elect to puronase in proportion 7O their then to:iis_, -. cccun-e un.ess sucn purcnasiri z partner agree to ✓..locate the-urcnasec interest ✓✓lone thae: v •r�c ?nctner manner). :1ucn rio t ha.: ::e •}.,.ercisec c _ •.:.'Z 1 rten notice of . is exercise to the v= _er :. o r z'e: . a f:lent =or -.,e _nteres*. Ana! i ce mace ,n the same ::.a..:...:r ana in tne same amount as the terms of the or 000sec =nsfer. _ the pa= tnerSnlo and ctn'_ ^-•3.r:I::'= s purcrlace purpose. such entire interest with the rime nranzea -- that zhe nrerest proposea 7O wd `old may tie transferred k..pcnn: the -`rev 1 ou's! y state° terms ana: con l t . cns . ".^.... :. •Jeri.^✓'.:.: ct 60J Gays after r.n.e rema:n_nc partners' --r.`nt ,v purchase ..aS e:.psea. _6. `;ENEF IT. ::his :'iareement snail ,=e c...ti._. g non snail inure to the genet l t of tne Pa t;$s •anc the.: respective neirs. personal representatives.::na assigns aria snail De entorceaoie oy spec1 Pert....._.:oa. IN WITNESS WHEREOF. we have s:' nec the date first shown aoove. :'areement as Su scribed ana sworn to before me tnis c>74 gay of 4�--e- .ry,Jj/_ r , 1906. erra t)4 NOTARY LIC C /J2'(o c%St , ' 2'f 4.7 Pe, 3/ 1901 1st Avenue Greeley, Colorado 80631 (303) 356-4900 To whom it may concern, Lupe Pesina has been employed by Professional Veterinary Supply, Inc. for four years and I find him to be an excellent worker. Lupe is honest, sincere, very dependable and I would consider him of very good character. Sincerely yours, W. A. Wagner~*', DVM Manager PROFESSIONAL VETERINARY SUPPLY, INC. Remeet (/aCanteen line Deist. & ,Redeue Slaad Phone 353-3890 Post Office Box 16 Kersey, Colorado 80644-0016 Dec. 3, 1986 TO WHOM IT MAY CONCERN: Lupe Pesina is a responsible and active member of the Kersey Volunteer Fire Department and Rescue Squad for the past five years. His membership in the department has been with the high- est responsible and respect to the department and the community. 64'21 n.ra ^a eman ec. Trea. Kersey Vol. Fire Depart. and Rescue Squad ASSOCIATED VETERINARIANS P. C. 1901 1ST AVE. GREELEY, COLO. 80631 PHONE 352-8951 To whom it may concern: Lupe Pesina has worked with me for the last 7 years and is very dependable and compe- tent. He is punctual and can do his job well. He is well known by the community and has done many things for it. Sincerely, _ R G Eaifeld DTI To whom it may concern, My husband and I have known Lupe Pesina for four years. He has good judgement, is very conscientious and always willing to help. Whenever he starts something, he sees it through to the end to make sure things are done properly. Lupe is a quality person. Sincerely, Lisa Loos 3400 Claremont Evans, CO 80620 OFFICE OF THE SHERIFF MEMORANDUM Board of County Commissioners TO FROM Lt. James Hayward 0/41 DATE 120586 RE Pesinas Cafe --Gill A records check for Pesinas Cafe, Gill, Co. shows no apparent reason to deny the name change or change of ownership on the 3.2 beer license for that establish- ment. The records were, checked for one year previous to 120586. N U, m 0 ra N 0 U, a z 0 F u] 00 Fz 0> 44 Q c4 F w N 0 P4 `JS F N . cn O O N xwz O wP 0 wow �GQccn O M w 0O �n cyan z H 0 M w l' 0 cnz 44 Q F 00 N w 0 Z -y N F zwzw o w zF=r Po w O w Za CD <0 44 Ni X 0 L cy N- 7 O M w U-4 q PS Fo►m 3811, July 1983 44744E I to Cr, is I DOMESTIC RETURN RECEIPT OFFICE OF COUNTY ATTORNEY PHONE (303) 356.4000 EXT. 4391 P.O. BOX 1948 GREELEY, COLORADO 80632 COLORADO January 2, 1987 Liquor Enforcement Division ATTN: Herb Loma 1375 Sherman Street Denver, CO 80261 RE: Business Lease for Pesina's Cafe Dear Mr. Loma: Enclosed herein please find the original for a business lease from Florinda Pesina to the partnership known as Pesina's Cafe. It is my understanding that the Liquor Enforcement Division of the State of Colorado wishes to have this business lease as part of the application package for the 3.2 beer license to be issued to Pesina's Cafe. Thank you for your consideration in this matter. If you should have any questions or comments concerning the business lease or concerning this letter, please feel free to call me at 356-4000, extension 4391. Very truly yours, Bruce T. Barker Assistant County Attorney BTB:ss Enc. BUSINESS LEASE THIS LEASE, Made and entered into this 30th day of December, A.D. 1986. between Florinda Pesina hereinafter called the Landlord, and PESINA'S CAFE hereinafter cailea the Tenant. Wherever the words "Landlord" and "Tenant" are used in this indenture, they shall include Lanaloras and Tenants and shall apply to persons, both men and women. companies. co -partnerships and corporations, and in reaaing said indenture the necessary grammatical changes requirer_ to maKe the provisions hereof mean and apply as aforesaid. shall be made in the same manner as if written into said indenture. WITNESSETH, That, in consideration of the payment of the rent hereinafter provided and the keeping and performance of each of the covenants and agreements of the said Tenant hereinafter set forth, said Landlord has ana does hereby lease unto the said Tenant the following described premises situate in the Town of Gill and County Weld, in the State of Colorado, to -wit: 27125 4th Avenue and 3rd Street. Gill. CO 80624 TO HAVE AND TO HOLD the same with all the appurtenances unto the said Tenant from twelve o'clock noon on the 30th day of December,A.D. 1986, for, during and until twelve o'clock noon the 30thday ofpecember,A.D. 1987. ana at for a rental, for the full term aforesaid of One year This lease is subject to the condition. however, that the Tenant shall in exchange for the use of said premises pay all expenses of maintaining said property. includsing but not limited to mortgage payments, insurance ana property taxes on said property, ail utilities, ana such maintenance and repair as is necessary to keep the premises in coot condition. The Landlord shall receive her share of the profit of said business. PESINA'S CAFE. and the other party to the partnership shall comply fully with the terms of the partnership agreement in order for this lease to remain valid. IT IS AGREED that this lease is renewable by its terms on an annual basis until such time as the partnership herein referred to as the Tenant and the Landlord agree to it's termination. FURTHER. that all the covenants and agreements in this lease shall be binding upon and applied to the heirs. assigns and legal representatives of said Landlord ana said 12, Tenant or any person claiming by, throutih or'under e! Zhsr of them or their agents or attorneys. IN WITNESS WHEREOF the parties hereto have hereunto se: their hands the day and year first above written • Landlord, Florinda Pesina Tenant, PESINA'S CAFE Florinda Pesina for`2ESINA'S CAFE Guadalupe Pesina for PESINA'S CAFE r' - 7ASURER'S OFFICE, WELD COUNT` r� ,19 7 7464 $ 'd57 5i Greeley, Colorado. RECEIVED OF. ‘-.4- { C &-a- -Sb FOR CREDIT LA �'. a57 5—O County Oeneial fund 101 0000 ----)•--et Health Department 119 0000 Human Resources 121 0000 Social Services 112 0000 Housing Authority Road & Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund School District C R F School District Bond Fund (� FRANCIS M. LOUSTALET • TOTAL AMOUNT �� 62)County Treasurer Clerk Hello