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Home My WebLink About910264.tiffRESOLUTION RE: APPROVE CHANGE OF OWNERSHIP REQUEST FOR HOTEL AND RESTAURANT LIQUOR LICENSE ISSUED TO ALBERT J. JENKINS, SR., D/B/A ONE -NINETEEN RESTAURANT AND LOUNGE - EXPIRES MARCH 25, 1992 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, Albert J. Jenkins, Sr., d/b/a One -Nineteen Restaurant and Lounge, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Change of Ownership of a Hotel and Restaurant Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said license previously held by Gray's Cafe 7, Inc., dba Gray's Cave, 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 applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3815 Highway 119 Longmont, Colorado 80501-9543 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 91-05 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 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 to the Board, of Weld County, Colorado, which license shall be in effect until March 25, 1992, providing that said place where the licensee is authorized to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 910264 L cc t Page 2 RE: HOTEL AND RESTAURANT LIQUOR LICENSE RENEWAL The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of March, A.D., 1991. ATTEST: Weld Count Clerk to Y the Board BY: a Deputy Clerk to the B APPROVED AS T1 FORM: 0(7 County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNT', SQLOO Gordon Geo'tge Kennedy 7 if Constance L. Harbert 910264 �taf® off Collo cao ®ffim off lasliamun Liquor Enforcement Division 1375 Sherman Strel Denver, Colorado 80281 JENKINS ALBERT J SR ONE -NINETEEN RESTAURANTELOUNGE 3815 HWY 119 LONGMONT CO 80501-9543 Alcoholic Beverage License A000um Nut ��"ff� County City Indust. Tvoo II.WIN UCENSE EXPIRES AT WDNGHT 07-15581 07 206 5813 1 03269E MAR 25. 1992 Type Nun and D.eaiolbn of Lben,. : '' Fe. G HUTEL ANU KtSTAUKANI LIQ0UR LLLtNSE $ 50.00 COUNTY 85 PERCENT OAP FEE; $ 276.25 11DTAL FEES) $ 316.G5 This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as tended. This license is non- transferable and shall be conspicuously posted in the place shove described. This license is only valid through the expiration date shown above. Qestions concerning this license should be addressed to the Department of Revenue, Li(j$Or Enforcement Divison, 1375 Sherman Street, Denver, CO 80261. In testimony whereof, I have hereunto set my hand. MET /✓ Division Director MAL 1 1.9,31 DR 8402 (3-88) Executive Director 91076 ORIGINAL RECEIVED BY 61/4_4,4_ ON 4/4/ OV�1,,., UN 1 .z. +• �' a. A E • F am. x ^ GS a. C O W z h - O zt U a. a O U ,VI^ z O U A U, y O O F C! =;; r- ,ti C DR 8404 (5/89) C Colo. Dept of Revenue EnforceSntDivision 13 5fe Liquor Denver, CO 80261 Liquor Colorado License Applicatio n on .,`�.) � � Nc ,../ IMPORTANT: For those retail licenses described in Column A below, this application and all documents must FIRST BE FILED IN DUPLICATE WITH, AND APPROVED BY, THE License Issued Through (Expiration Date) Use License Account No. for all reference supporting LOCAL LICENSING AUTHORITY (CITY, TOWN, COUNTY). Applications will not be accepted unless all applicable questions are fully answered, all supporting documents correspond exactly with the name of the applicant(s), and proper fees are attached. LIABILITY INFORMATION You may attach separate sheets or additional documents if necessary to fully complete this County. City Industry Type Liability Date application. All documents must be typewritten or legibly printed in black ink. Form DR 8404-I, "Individual History Record" must be completed and filed in duplicate by the following: FEE PAID • Each applicant • All general partners Cash Fund State I City County • All officers/directors of a corporation • Over 5% limited partners 66-1 41-9 37.1 I 49-1 • All stockholders of a corporation not subject • Managers to the Securities and Exchange Act of 1934 • Each person required to file form DR 8404-I fingerprints • Over 5% stockholders of a corporation subject must submit to the Securities and Exchange Act of 1934 to the Local Licensing Authority. TOTAL Mgr Reg Ext Hrs Ext Hrs by Liquor 41.24 37-1 49-1 NOTE: License status will not be given over the telephone. License will be mailed the Enforcement Division to the Local Licensing Authority upon issuance. MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN ALL ANSWERS APPLICANTS FOR BRAND NEW LICENSES, OR TRANSFERS OF OWNERSHIP MUST CHECK THE APPROPRIATE BOXES BELOW IN EITHER COLUMN A OR COLUMN B AND MUST ALSO CHECK EITHER BOX (18) OR (19). 41 - 9 (3) COLUMN A STATE FEES 41 - 9 (3) COLUMN B "` STATE FEES 18 ❑ Application Fee for New License $250.00 19 l2f Application Fee for Transfer of Ownership 250.00 18 O Application Fee for New License $250.00 19 ® Application Fee for Transfer of Ownership 250.00 26 ❑ Public Transportation License each $50.00 20 O Retail Liquor Store License - City 202.50 20 ❑ Retail Liquor Store License - County 287.50 21 O Liquor Licensed Drugstore - City 202.50 21 O Liquor Licensed Drugstore - County 287.50 22 ❑ Beer & Wine License - City 177.50 22 ❑ Beer & Wine License - County 262.50 23 Hotel & Restaurant Lic.^ City O, County 326.25 :a a 'Hotel 8 Restaurant Lc _, w/Optionai Premises -, City County 326.25 25 ❑ Club License ❑ City • County 135.00 40 O Tavern License ❑ City ❑ County 326.25 41 ❑ Arts License ❑ City ❑ County 135.00 42 O Racetrack License City T2, County 326.25 45 —. Optional Premises Lic. _ City J County 326.25 ❑ Extended Hours - Special License 170.00 27 O Manufacturer's License -Brewery 275.00 28 ❑ Manufacturer's License -Winery 275.00 29 • Manufacturer's License -Distillery or Rectifier 1025.00 31 ❑ Wholesale Liquor License (Vinous & Spirituous) 1025.00 32 O Wholesale Beer License (Malt Liquor) 525.00 37 72 Importers License (Malt Liquor) 275.00 :s _ Importer; L,:ense (Vlncus &i Sem:Lous Licucr) 2-5.00 43 Limited Winery License 45.00 44 ❑ Nonresident Manufacturers License (Malt Liquor) 275.00 1. Name of Applicant(s): If partnership, list partners' names (at least two): if corporation, name of corporation: Albert Jisse Jenkins , Sr. Date filed with Local Authority: 3/11/91 la. Applicant is a: — Corporation .X.- Individual _ Partnersnio — _ Other (specify) F.E.I.N.: 2. Trade Name of Establishment: (DBA) '{State Sales Tax No.: One —Nineteen Rest_ur_nt 6 Lounge Acotiec For Social Security No.: of Premises:(Specify exact location of premises. Diagram of premises must accompany this application. 0815 Hwy. 119, Longomont, Co. 80501 Business Telephone: =03-776-8700 City: Longmont County:, State: Weld I Co. Zip Code: 30501 4. Mailing Address: (Number and Street) 5220 Weld County Rd. 20 City or Town: Longmont State: Co. Zip Code: 80501 5. If this is a transfer of ownership or renewal application, you MUST answer the following questions about this business: Present Trade Name of That Establishment (DBA): Gray 's Cafe Present State License No.: it- — / 4''$-. Present Type of License: Hotel 5 Rest. Present Expiration Date: 5/1/91 6. Is the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation),or manager, under the age of twenty-one years? YES NO X 7. (a) Has the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation) ever convicted of a crime? If answer is 'yes," explain in detail. Exclude minor traffic violations. (b) Have persons lending assistance or financial support to the applicant, or the manager, or employees, ever been convicted of a crime? If answer is 'yes,' explain in detail. Exclude minor traffic violations. 7been i I X 3. Has the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation), or manager, ever: (a) been denied an alcoholic beverage license? (b) had an alcoholic beverage license suspended or revoked? (c) had interest in an entity that had an alcoholic beverage license suspended or revoked? If 'yes,' explain in detail on separate sheet. � �. ELK X 9. Has a liquor license for the premises to be licensed been refused within the preceding two years? If 'yes,' explain in detail. X 10. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or seminary? X 11. Does or did the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation) have a direct or indirect interest in any other Colorado Liquor license (include loans to or from any licensee, or interest in a loan to any licensee)? If 'yes,' explain in detail. l X 12. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. If leased, list name and address of landlord and term of lease: Stenner Carlson, 4111 Glade Rs., Loveland, Co. 8O537 1;(-1 13. Identify the persons, firms, or corporations who now, or will, have a financial interest, evidenced either by loans or equity ownership in the ousiness for which this license is requested. State the names and addresses of any such persons, and the amount and source of such financial interest expressed in dollars or other items of value, such as inventory, furniture or equiornent (i.e., bank, relatives, friends, previous owners, etc.). Use separate sheet if necessary. NAME ADDRESS INTEREST 14. List the names and addresses of all liquor businesses in which any of the persons in the previous question are materially interested. Use separate sheet if necessary. NAME ,, BUSINESS I ADDRESS Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including a corporation) 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. Page 2 of 4 910264 15. YES Uquor 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 rr--i Pharmacy? Copy must be attached. NO 16. Club Liquor Ucense applicants answer the following: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which 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'? Note: Applicants must also answer question 20, parts (a) through (d), and (f), below. and is 17. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a)Will the applicant store or sell alcoholic beverages at more than one location in Colorado. If "yes; provide address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, (b) If the applicant is a wholesaler, does or did any owner, part owner, shareholder, director or officer have any indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of to sell malt, vinous or spirituous liquor? If 'yes,' attach explanation in detail. (c) Does the applicant have a valid Federal Basic Permit? If 'yes,' attach a copy of the permit; if 'no," explain one has been applied for. the etc.) direct or Colorado whether . 18. Nonresident Manufacturer (malt liquor) or Importer (malt, vinous or spirituous liquor) applicants, answer the (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, cart owner shareholder. director or officer of the acc• cant have any direct or indirect nterest in art 'moaner, manutac:urer or retailer aireacy 'icensed ay ::e Stara :r .:oioracc to sell malt..'ineus spirituous liquor? If "yes," attacn explanation in aetaii. (c) Does the applicant have a valid Federal Basic Permit? If 'yes," attach a copy of the permit; if "no," explain (d) Are you the pnmary source of supply in the U.S.? If "no," explain. following: Eeanc,al --- cr - in detail. I '9. If the applicant is a partnership, answer the following: (Attacn separate sheet :f necessary.} (a) Name of each general partner and each limited partner Home Address. City and State Social Security g holding a greater than 5% interest Date of Birth I (b) On what date was the partnership formed? Attach a copy of the partnership agreement (except for partnerships consisting only of a husband and wife). Date: Page 3 of 4 91.0261 20. If the app cant is a corporation, answer the following: (a) Ccrporat.on is organized under the laws of the State of: Date of Incorporation: (b) Out-cf-state corporations, give date authorized to do business in Colorado. f(rom Ch la. CeSeca;e of of Sta ei from Cola Secretary of Sm'el (c) Date of `Jm; last annual corporate report to the Secretary of State: (c; Name of eacrl ofLcer listed below: Home Address, City and State: Social Security # Date of E.^n: Pres,aecr-. .,.e .ros.cant. _ ar Secraay (e) Name a. 5',o cr greater slockholoers; I Home Address, City and State include actual owner or pledgee % of stock, Date of 6irh: I I I (I) Name cc ail Directors or Trustees of iHomo Address City and State i 21. 1.tanagor. 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 tha best.cf my knowledge. .wro,v.o syr..u�.1 7/ // .1 ; .P7 Du. °wr,er 3/8/91 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacture a, nonresident manufacturers, Importers, wholesalers, limited wineries, and public transportation licensee• disregard Iha action below.) Is this application for a: Now License X', Transfer of Ownership I Other (specify)'. YES NO Each person required to Ile DR 8404-I: Has Background The liquor licensed premises is read: for occupancy If 'no,' the building will be completed and reaoi been hngerpnntod I X NCIC and CCIC chocked I I I and has been inspected by the Local Licensing Authority for inspection by :taro Tne forego:ng a00'iicat:on has been examinee: and the premises. business to be concuC0C, ano character of Inc 202 cant are satisfactory. Vie Co report that sacs license, if Grantee, will meet the reaschaole recuirements of the neienbornoce and the cesires of the inhab:tar,s, and willcomplywith the orovisicn cf Title t2. Am:cle47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Lam: lc.rsna Au:nwry'or: TOWN .C,li / COUNTY OF WELD -Is.' COUNTY CHAIRMAN, PROTEM 03/13/91 sL_n dooro'.a; c,,,,,,,. :.0 ; con coy nucn Gtt.C:al ti 91.0254 DR 8404-I(2/89) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INDIVIDUAL HISTORY RECORD 1375 Sherman Street Denver, Colorado 80261 To be completed by each individual applicant, each general and over 5% limited partner of a partnership. each officer, director, and over 5% stockholder of a public corporation, and the manager of the applicant. 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 and reputation of the applicant. 1. Name of Business: One —Nineteen Resturaunt and Lounge Date: Social Security Number: 3/9/91 i 2. Your Full Name: (lass5rsumiaale) Albert Jisse Jenkins, Sr_ 3. Also Known As: (maiden namelrticxname, etc.) A.J. Jenkins a. Mailing Address: Of different from residence) Home Telephone: 303-776-7988 5. Residence Address (street and number, sty, state, zip) 5220 Weld County Rd. 20, Longmont, Co. 80504 6. Is your residence: {] OWNED El RENTED If rented, from whom? Beulah Uber 7. Date of Birth: Place of Birth: Cleveland, Georgia 8. U.S. Citizen? YES ❑NO 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.: 9. Height: 6'3" Weight: 240 Hair Color: Bik Eye Color. Brown Sex: Male Race: Black 10. Do you have a Colorado Dnvefs License? If yes,' give number: OYES ❑ NO 11. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder or manager): Sole Owner 12. If Stockholder, Number of Shares Owned Beneficially or of Record: Percent of Outstanding Stock Owned: 13. It Partner, state whether. ❑ GENERAL ❑ LIMITED Percent of Partnership Beneficially Owned: 14. Name of Present Employer: RPli=—mmn1nv'?d _ Firaatnre Ranch 15. Type of Business of Employment: Eouine Scacialist �. ress of Business Were Emp:ovec ;street and number, cry, state. zip) Bus•ress Teieonone: 5220 Weld Country Rd. 20, Longmont, Co. 80504 i 303-776-7988 17. Present Position: Equine Specialist - Horse Training, Boarding, Show Horses,Riding Lessons 18. Marital Status: 1 19. Name of Spousd: (include maiden name if applicable) Divorced 20. Spouse's Date of Birth: ! Spouse's Place of Birth: 21. Spouse's residence address, if different than yours: (give street and number, aty, state, zip) 22 Spouse's Present Employer: [Occupation: 23. Address of Spouse's Present Employer: 24 List tre ^amefs; of all reatrves working in the liquor industry, give their Name of Relative: . Relationship to You: Position held: Name of Employer l Location of Employer: Not to my knowledge. CONTINUED ON REVERSE SIDE 25. Do you now, or have you ever held a direct or indirect interest in a State of Colorado Liquor or Beer License? If yes; answer in detail. YES NO 26. Do you now, or have you ever had a direct or indirect interest in a liquor or beer license, or been employed in a liquor or beer related business outside of the State of Colorado? If 'yes,' describe in detail. YES NO 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 cnminal or military court? (Do not include traffic violations, unless tney resulted in suspension or revocation of your (Inver's license, or you were convicted of caving under the influence of alcoholic beverages.) If -yes' explain in detail. YES 'X 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 ® NO 29. Have you ever held a gambling or gaming license or owned a Federal GamWmg Stamp? I,"yes.' explain in oetail below. YES NO State/Federal: State/Federal: Year: Year: City: City: State: State: 30. Military Service: (Drench) N/A 31. List all addresses where you have lived for the last five years. (Attach separate sheet if necessary) From: To: Serial No.: Type of Discharge: Street and Number 5220 Weld County, Rd. 20 3756 West County Rd. 16 City, State, Zip Longmont. Co. 80504 Loveland, Co. 80537 From: 6/89 10/88 To: Present 6/89 520 South County Rd. 31 Berthoud, Co. 80513 8/86 10/88 32. List all tormer empioyers or ouatrreseea en-pyayvu Name of employer: iiiw..., ,.R .�... ,..... ,---- __,---- -.._-- Address: (street, number, city, state, zip) , Position Held: From: To: Self-employed :Same as Above) Firestone Ranch Equine Specialist 1964 1991 Last five years at above, previous in Illinois, Georgia, 6 Colorado. 33. List the names of persons who can vouch for your good character and fitness in connection with this application. Name of reference: I Address: (street, number, city, state, zip) No. of Years Known: Arnold Turner P.O. Box 212, Hygrere, Co. 80533 4 Beulah Uber 5220 Weld County Rd. Longmont, Co. 80504 5 4723 S. Robb St Littleton. Co. 80127 1 Richard J. Kleiner OATH OF APPLICANT I declare under penalty of perjury in the second degree that ! have thereto, and that all information therein is true, correct, and complete read the foregoing application to the best of my knowledge. and all attachments Date: Signature:(2r/1 // 9/ J in )--//-.-2,-2X/ Title: Owner 3/8/91 91.07 I n 7 1: _i .J; • , Y r :'r' "' /~ • 1a Albeit JessI Jenkins March 8, 1991 I, Albert Jesse Jenkins, intend to start my business with funds I have earned in my present business. I am a Equine Specialist, Horse Trainer and Instructor. I have earned my money training, breeding and selling Show Horses. I own and operate Firestone Ranch in Longmont, Colorado. 91_0?,,S4 IC) W IL(Lit f filar/ dC`t( CC 1 I 4L �(c Lc '�� ' 1 `I' 1ICCttS % lGt' ti Of .fit -LS .L.%i ccit csc. (A) t M p (sa(S kA /kJ/ tots 1-0 f (4(02) T 1 atS _ a � GUI I (/ 4J ( _ iLc �IGC 4 (/ /I S LS a /CUUS tOGC Lb Q M /L� 11,69 M, 1 aft (ate° Ogit IUZJE k- ,{e(7-(0,2 2 c.,/- / c, eft t _ C !t _ ICCCLS s r CCuYC411-c, Itr e��t�t ct U j ; u( s cict P:' Gtr IL � t / 1.(C�cl� eu c�CUet c _ ctt Vt b'etk itl (CLe Grc,_ Gt0/u-1 - .ir5 ,.t,C`'l'‘ , e,. �-L- 7 1:LC CCCf,- tt E ,r. r ,G, `CC C,"„ I CG�C�L-iC[,,y - 910264 Lk€ `07. C , hie.tru-, 4114 J d_ At. -6 tt `-C-6)/y, .� ,ely,...L• ..-r�-i-L� ._ Cr--1/Li. I' 776 //oas" b 2=4 A.,14-- \) r 910264 02641 1 11 March 1991 Dear Commissioners, I have been associated with Mr. Jenkins since 1988. As one of his clients, I can say that he has done a very professional job, often working late hours seven days a week. I also have knowledge of his community services. He has been active working with 4-H and other groups, and always is available whenever his services are needed. To summarize, Mr. Jenkins has been a strong force in the equine industry of Colorado, and has been a service to the local community in the Longmont area. Sincerely, Lee Tung land «10264 March 10, 1991 To Whom It May Concern: I have known A.J. Jenkins since 1988. He has handled all my dealings with him very fairly and professionally. He has been established in the Berthoud/Longmont area for at least 5 years as a horse professional. He is actively involved in community and horse industry projects. His operation of a local business should prove to be a benefit to our community. Sincerely, i Vicky M. Sarvela 91.02 dte t4%, A71:c44.44/4 aZ e;G / Ana �/cam �°;,/ /.!,.��G ;,�; u �/J/1;t114/_ d u t32611 C, %? 6 i g C `7i --E /-- % GZ 22 ;� 0,-o <2.L� Co.L�c,LL Gam, C`f Vii( -.`U w U c:41 9‘9-11s/ 9 9/ 2.10261 F 1277 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO RECORDER'S STAMP THIS DEED, Made this day of Jnnuary I9°0 ,between Stenrr Carlson TIT and Patti L. Carl. and Loner, _ mt Centennial Inn, n nortnarship of the county of I.arirnr•r and State „ ff'o!o- rado. of the first part, and 111 rnrr oar! ern and France^ I'. Carlson whose legal address is 41.11 illn,rn , er erer,A7 n of the County of Tarimor and State of Colorado, of the second part; WITNESSETH, That the so id parties of the first dart, for and in consideration of the sum I of'Pen IXrllars and other rant. and -'aluahle cons] donation, including the promises of, rirnntc::s sot forth hornul I'i,.;si n.. -_ ,•t .+'roar head,,: rnnfi..nerl IKulfms, to the said part inn of the fil.:i, •M'i. in hand paid liv t}ie"ai.l Pa rl roc of the set'nnd part. the receipt whereof is hereby imilleased and nrknow le,lgod. hn"r granted, bargained, sold and ron- veyed, and by these presents' to grant, bargain. sell, convey and confirm unto the said part ies of the second part, tnnt r heirs and assigns forever, all the following described lots or parcel s of land, situate. lying and being in the County of Weld and State of Colorado, to wit: See Exhibit "A" attached hereto and incotfr'rated herein by this reference. Subject however to those matters set forth on Exhibit "B" attached hereto and inmiparated herein by this reference, provided however that the parties of the second part hereby agree to assume and pay and indemnify and protect the parties of the first part from any liability for the encumbrance set forth on Exhibit "B" numbers 18, 19 and 20. also known as street and number Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all t he estate, right, title, interest, claim and demand whatsoever, of the said parties of the first part, 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 Stener J. Carlson and Frances E. Carlson the said parties of the second part, heirs and assigns forever. And the said Stener Carlson ITT and Patti. L. Carlson,individually and as partners, parties of the first part, forthaselues , their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said parties of the second parttheir heirs and assigns, the above bargained premises in the quiet and peaceable possession of said part i ss of the secoroi part.t°.air heirs and assigns, against all and every person or persons lawfully claiming or to claim the whet,. or any part thereof. by. through er under the said parties of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part ies of the first part have hereunto set their hands and seal s the day and year first above written. -Stge4d, Sealed and Delivered in the prosenre of ever ar son, - j STATE OF COLORADO, 99. County f Ylei t The foregoing instrument knowledg l before me this f _- isv of 7. '']Yt' 19 90 hX Stoner Carlson ITT and Patti L. Carlson and by Stoner Carlson TIn,partner , end Patti L.. Ca_rlscn,"'artner, or rnnorennt Centennial inn, a Partnership '�-- �,�,�r �IS FALI �ha. C1'�it7M—TTt '^'Trtner- Patti L. Carlson, . ar a�SF.ALI ISEALI Mv inmmi»tinn,'spires .. ,I9-', Witnete To hand 5fd ofricial teal. C nll(j ......... 7.;;;-).1aS CO7.;;;-).1< 'Annoy r.he.. No.16 9PECIAI. WARPANEE DEEP.—Pndfn,d Pip hlahln.Co..11@4A5 Stoutatreet, Denver. Calorede1E7E-60111ILT COMNERCIOL LEPSE This lease, made this )-2 day of MCA ,1991, bet— ween Stener Carlson and Fran Carlson (hereinafter referred to as "landlord") and ONE —NINETEEN Restaurant and Lounge (hereinafter refered to as "Tenant"). WITNESSETH Landlord does hereby lease to Tenant and Tenant hereby hires from landlord those certain premises situated in the County of Weld, State of Colorado, to wit: The dining room, kitchen, lounge, and meeting and ban— quet room portion of the Inn of Longmont. The front door of the lounge will remain with the landlord. It will be the responsibility of the landlord and not subject to this lease. However, the lessee Will have some control as to the locking an unlocking for pur— poses of security of their business. also known as 3815 Highway 119, Longmont, Colorado 80504-9543. Said letting and hiring is upon and subject to the terms and condition herein set forth and Tenant and Landlord covenant and condition by it and them to be kept and performed and that this Lease is made upon the condition of such performance. I USE 1.1Purpose. The subject portion of the Premises 3815 119, Longmont, Colorado area to be used for a restaurant/bar/ banquet facility subject to zoning laws,and for no other pur— pose without the prior witten consent of landlord. 1.2 Limitations. Tenant shall not use, or permit said premises or any part thereof to be used, for any purpose or purposes other than the for which the said premises are hereby leased. Tenant shall limit live music on the leased premises to small groups that shall not perform at loudness levels that would infringe on the quiet enjoyment of the common areas or other areas not under lease by Tenant. 1.3 Compliance with law. Tenant shall not use the Premises or permit anything to be done in or about the Premise which conflicts with any law, statute, ordinance, et- govern— mental rule ar regulation now in force or which may hereafter be enacted or promulgated. 910261 1.4 Signs. P11 signs shall be erected ar installed only with the prior approval of Landlord. Tenant shall be per— mitted: to utilize a portion( representing approximately 33 per cent) of each of Landlords three "Billboards" located along Interstate 25; Landlords sign on the roof of stated premises; and, Tenant may use Neon window signs at their discre— tion; and, Tenant may use appropriate seasonal decorations which shall include, but not limited to, Christmas lights and decora— tions. Tenant shall pay one third of the monthly cost of the posters for each billboard. The total cost of the three billboards is currently $1255.00 per month. The cast of each poster will Vary depending on design every two months. The cost of said posters (approximately $120 every two months each) may be decreased based upon volume purchased. 1.5 Tenant's Employees and Vistors. Tenant shall not permit any employee or visitor of the Tenant to violate any covenant or obligations of the Tenant hereunder. II TERM 2.1TERM.The term of this lease shall be for six months, commencing on the /2 day of/II/aft/1\ 1991, and ending on the /2 day of SPp be_ r" 1991, unless Tenant shall pay a seventh months rent, in which case this term shall automatically Ile ex— tended by three years, commencing on the, /2 day of Sep e16ra' 1991, and ending on the /- day of Secrd 7ter1994, unless sooner terminated as hereinater provided. 2.2 Possession. Landlord warrants that they have good title to stated premises and that possession of saMa will be delivered to Tenant upon Tenants successful transfer of the liquor license of stated premises to Tenant. Tenant shall im— mediately apply to Weld County to have the liquor license of stated premises transferred into Tenants name. If permission is given to tenant to occupy the premises prior to the commencement date, such occupancy shall be subject to all of the provisions of this Lease. ft 2.3 Holding Over. Should Tenant hold over after the termination of this Lease, Tenant shall become a Tenant from month to month subject to each and of the terms herin provided as may be applicable to such month to month tenancy and any such holding over not constitute an extension of the Lease. III RENT PAYMENT 3.0 Security Deposit. Since Landlord does not know the amount of the utilities until after the end of the month, they are always billed in arrears. Therefore a deposit of 'OOO.21 at the beginning of the lease will be required to off set the arrears and to help cover the ending month of this lease. 3.1 Amount. Tenant shall initially pay rent in the amount of 4600.00 per month, commencing with the fifth month of occupancy, for the lounge/bar and restaurant/kitchen areas. Said rent shall include the use of all equipmentand such fixtures as named in attached item designated as "Exhibit B -Inventory". Such rent shall continue through the twelveth month of this lease at which time rent shall be in -creased by 33 percent when gross sales of the lounge/bar and restaurant/kitchen reach 18,000.00 per month. Such rent shall be increased by 33 percent when said gross sales reach $25,000.00 per month. Such rent shall be further increased by 33 percent when sales reach $33,000.00 per month. Such rent shall be increased to 51,500.00 when gross sales reach $40,000.00 per month. The banquet roam shall be rented and regulated as pursuant to "Exhibit C". Additionally Tenant shall provide personal liability insurance in the amount of $1,000,000 on the lounge/bar and restaurant/kitchen areas. Tenat shall also pay 10 percent of landlords monthly electric, sewer and water bill. Tenant shall pay its own gas which is separtely metered. Landlord may be named as an additional in- sured with Tenant on such policy as their respective interest may appear. Certifiates of insurance shall be provided to the Landlord as evidence that coverage is in full force and effect. Landlord shall be respon-sible for casualty fire insurance On the building and for any special assessments directed against said property. Tenant shall provide Landlord with statements showing gross sales of the restaurant and lounge at the end of the first years occupancy and quarterly thereafter until such time as gross sales reach $40,000.00 per month. 3.2 Place. Said rental shall be paid to Landlord in law— ful money of the United States of America at the offices of the Landlord, at the leased premises, or to such other person or at such other office as Landlord may from time to time designate in writing. 3.3 Time of Payment. Payment shall be made to the above stated offices on or before te first day of each Month beginning with the month of fl*461-,f and continuing each successive month throughout the duration of this lease. 3.4 Late Fee. If the rental payment, or any part thereof, is not paid when due, Landlord will be entitled to a late charge of 5 percent of the entire rent, which shall be added to the regular hAvment then due. A payment shall be late if not postmarked within rive days of the date such rent becomes due. 910264_S IV BUILDING SERVICES nFD MnTNTENANCE 4.1 SERVICES_ The Tenant shall maintain, replace or repair all equipment and fixtures specific to the lounge/bar and restaurant/kitchen area area as stated in exhibit B. 4.2 Maintenance. Landlord shall be responsible for main— taining the roof, structural design, exterior walls, electrical, plumbing and air conditioning on the premises. Landlord is also responsible for maintaining the parking area, exterior lighting, signs/billboards and is responsible for• sidewalks and for re— movel of snow and other dehris from the exterior premises. Tenant is responsible for appropriate hookup specific to all equipment installed by Tenant. Tenant is responsible for cleanup behind the restaurant and around the dumpster area. Tenant is responsible to keep the plumbing clear and functioning from the grease trap to the main. Cleanliness and supplies of the public restrnoms shall be the tenants responsiblity. V CONDITION OF PREMISES 5.1 Condition._ The Tenant by taking possession of the Premises, shall be deemed hn have agreed that said Premises are then in a satisfactory order, repair and condition with the exception of items designated in exhibit B. VI PREPnPn r I UPI, nL rERnT I ONS, REPf1I RS .1 LLandlord Finish. Premises are acceptable and com— plete as is in accordance with exhibit B of this lease. 6.2 Tenant Finish. Tenant will affect no work or altera— tions on the Premises except as may be approved pursuant to written agreement signed by Landlord. 6.3 Alterations and Repair. The Premises shall not be altered, repaired, or changed without the prior written consent of Landlord; Landlord shall respond to requests for permission to repair within (24) twenty—four hours of said requests so as not to impede normal functions of tenants business operations. Tenant shall keep the Premises and building, of which the Premises are a part, free and clear of any liens and' shall indemnify, hold harmless and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event Tenant shall fail to pay any lien claim or Landlord shall have to expend sums necessary to discharge the lien claim, Tenant shall pay as additional rental, when the next rental payment is due" ,> :r11 snmme expended by Landlord in discharging any lien.—si„s6`1S 6.4 Ownership of Alterations. Unless otherwise provided by written agreement. all alterations or improvments of a perm -- anent nature shall he done with the consent of Landlord, and shall remain upon and he surrendered with the Premises, provided, however, that, tenant shall, at his expense when surrendering said Premises, remove from said Premises and from the building and grounds all nonpermanent fixtures. partitions, counters, railings, ect. installed by Tenant. 6.5 Surrender. Tenant shall, et the termination of this Lease, surrender• the Promises to Landlord in as good condition and repair as reasonable and proper use thereof will permit . Tenant shall reinstall anv equipment of the Landlords that was removed during the coarse of the lease if landlord so directs in writing at the time of the removal of such equipment. In the event that the Landlord shall supply new or other equipment similar to that removed by Tenant. Tenant shall install stated equipment if so directed by Landlord. VII ASS I IMMENT or PREM I nES 7.1 Assignment and Subletting, Tenant shall not assign this Lease, or any interest herein, and shall not sublet the Premises or any part thereof, or• any right or• privilege appurt— enant thereto, or• suffer any other• parson (the agents, and servants of Tenant excepted) to nccrrpynr• use the said Premises, or any portion thereof, without written consent of Landlord first being had and obtained. 7.^ Assignment, by. Landlord. In the event of a sale or con— veyance by Landlord of the building containing the Leased Pre— mises, the same shall operate to release Landlord from any future liability upon any of the covenants or• conditions, expressed or implied, herein contained in favor of Tenant, and in such event Tenant agrees to look solely to the responsibility of the successor in the interest of Landlord in and to this Lease. Any such sale shall be subject to this Lease and this Lease shall not be affected by any such sale. VIII DAMAGE T❑ PROPERTY, INJURY TO PERSONS P.1 Generally. Tenant will hold Landlord exempt and harmless for• and on account of any damage or injury to any person, or to the goods, wares, and merchandise of any person. arising from the use of the Premises by Tenant or arising from the failure of Tenant to keep the Premises in good condition as herein provided. 810261 8.2 Damage or Destruction. In the event the Premises or the building of which the same are a part are damaged fire or other casualty and insurance proceedings have been made available therefore by the holder or holders of any mortgages or deeds of trust covesring the Premises, or the property of which the same are a part, the damage shall be repaired by and at the expense of Landlord, provided such repairs can be made within sixty (60) days after the occurrence of such damage. Until such repairs are completed, the rent shall be abated in proportion to the conduct of its business. If the damage is duke to the fault or neglect of Tenant or its employees, or agents, there shall be no abatement of rent. If repairs cannot, be made within sixty (60) days, either party may, by written notice to the other, cancel this Lease as of the date of the occurrence of such damage. A total destruction of the building in which the Pre— mises are located shall automatically terminate this lease. 8.3 Limitation of Liablility. Tenant understands that Landlord will not carry insurance of any kind on Tenant's furn— iture and furnishings or on fixtures or equipment removable by Tenant under the provisions of this Lease and that Landlord shall not be obligated to repair any damages thereto or replace same. IX ENTRY BY LANDLORD 9.1 Entery of Premises. Landlord and their agents, as named in writing and subject to change at landlords discretion, shall have the right to enter the Premises at all reasonable times during regular business hours, but so as to not interfere With the normal operations of the business, for the purpose of examining or inspecting the same, showing the saad to prospec— tive purchasers or tenants of the bundling, aand Making such alterations, repairs, improvements, or additions to the Premises or to the building of which they are a part as Landlord may deem necessary or desirable. Such showings, repairs, alterations, improvements, or additions shall be scheduled, whenever possible, so as not to interfere greatly with the normal operations of tenants business. Notification of such entry to premises shall be made to tenant by landlord, by telephone, whenever possible. For security purposes, landlord and agents of landlord designated in writing, shall not have access to inventory storage or cash handling areas unless accompanied by tenant or his ageht. During irregular business hours, landlord shall have access in case of emergencies such as waterline breaks, fire, etc., including access to the electrical panels located in the kitchen. 910264 X CONSEQUENCE OF DEFAULT 10.1 Right to Perform. All covenants and agreements to be performed by either party under any of the terms of this Lease shall be performed by stated party at said parties sole cost and expense. If a party shall fail to pay any sum of money required to be paid by it hereunder, or shall fail to preform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by other party, stated other party may make such payment or perform any such other act. All sums so paid by non obligated party together with all necessary incidental costs together with interest thereon at 18 percent shall be payable to the non obligated party by the obligated party on demand. 10.2 Consequence of Default. Upon default by Tenant of any material provision of this lease the Landlord shall give Tenant written notice that Tenant shall cure said default within ten (10) days of receipt of such notice. If stated default is not cured within said time frame Landlord shall have the right to immediate possession of the leased premises Afid May Accelerate instant lease and include in such acceleration the reasonable expenses Landlord may incur in reletting said premises. 10.3 Re -Letting. Should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, he may either terminate this Lease or he may relet said Premises. Rentals received by Landlord from such re -letting shall be applied; first, to the payment of any indebtedness along with new rent due hereunder from new tenant to landlord' second,to the payment of any cost of such re -letting' and third to the payment of the rent and indebtedness due and unpaid hereunder. 10.4 Termination. Notice of termination shall be given in writing. Notwithstanding any such re —letting without termina— tion, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. 10.5 Recovery of Costs and Fees. In any suit brought upon this Lease the prevailing party shall be entitled to its reasonable costs and attorney's fees. 10.6 Interest. Any amounts not paid when due are to bear interest at 18 percent. XI PERSONAL PROPERTY TAXES 11.1 Personalty Taxes. During the term hereof, each party shall pay prior to delinquency all taxes assessed against and levied upon its fixtures, furnishings, equipment, and alkg,io`n2'1 other personal property of said party. The equipment of each p -irty to this Lease shall be listed by make model and serial number and attached hereto. XII EXCULPATORY PROVISIONS 12.1 Condemnation. In the event the Premises, or any part thereof, shall be taken by an exercise of the right of eminent domain or by action of any public or other authority during this Lease or any extension thereof, then this Lease shall terminate. The Landlord reserves all rights to damages to said Premises and the Leasehold hereby created, hereafter accuring of any exercise of the right of eminent domain, or rby reason of anything lawfully done and in pursuance df any public or other authority. Nothing in this paragraph shall give Landlord any interest in or, preclude Tenant from seeking, on its own account, any award attributable to the taking of personal property or trade fixtures belonging to Tenant or for the interruption of Tenant's business. XIII SURRENDER OF PREMISES 13.1 Surrender of Premises. The voluntary or other sur— render of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, but may operate as an assignment to Landlord of any or all approved subleases or subtenancies. XIV NOTICE 14.1 Notices. Any notice from Landlord to the Tenant or from the Tenant to the Landlord shall be deemed duly served if mailed by registered or cerified mail, addressed to the Tenant at said Premises larif a post office box is uti112ed by Tenant; mailed to said post office box) or to the Landlord at the place from time to time established for the payment of bent and the customary registered or certified mail return receipt shall be conclusive evidence of such service. XVI MISCELLANEOUS PROVISIONS 16.1 Rules of Construction. The words "Landlord" and "Tenant" as used herein shall include the plural as well as the singular. Words used in masculine gender include the feminine and neuter. If there be more than one Tenant or Landlord, the obligations hereunder imposed upon Tenant or Land1 d shall be joint and several. The titles to the paragraphs of his Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. 16.2 Time. Time is of the essence of this lease and each and all of its provisions. 16.3 No Option. Submission of this instrument for exam— ination or signature by either party does not constitute a reserv— ation of or option for lease. Said document is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. 16.4 Severability. Any provision of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any provision hereof, and such provisions shall remain in full force and effect. 16.5 Colorado Law. This Lease shall be governed by and construed pursuant to the laws of the State of Colorado. 16.6 Successors and Assigns. The covenants and con— ditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and asssigns to the parties hereto, and all the parties hereto shall be jointly and severally liable hereunder. 910254 ADDENDUM TO COMMERCIAL LEASE THIS AGREEMENT is hereby made part of the lease entered into on the day of , 1991, between Stener Carlson and Fran Carlson (hereinafter referred to as "Landlord")a.NF) slid CD fl, l c., a �e orr, (hereinafter "Tenant"): For consideration of the aforementioned lease on the real property known as 3815 Highway 119, Longmont, Colorado, the landlord does hereby grant a first right of refusal to the Tenant in the event the landlord sells the subject property. Pt such time as the Landlord obtains a written offer which is acceptable at the sole discretion of the Landlord for the tale of the real property, the Tenant shall have thirty (30) days to, match said offer. The right of first refusal shall last during the term of the lease, or any lease option, as described below. The Tenant shall have the right to two three year options under the same terms and conditions as the original lease all subject to all of the terms and conditions contained in the above lease as long as the Landlords are the same as at the time of this agreement. Otherwise, at the option of the new owners they can either continue with the three year option as per this agreement, or they can buy out the lessee at a fair value for the equipment plus a fair value for the established bbusinets of the lessee. Such option does not include the 3 year period included in 2.1 of said lease. Tenant shall give Landlord (90) ninety days written notice of his intent to exercise the option. Notice shall be sent by certified mail to the Landlord's address and deposited in the mail no later than ninety—three (93) days prior to the exercise of the option. / LANDLORD: '/"6/C -(C Cr TENANT: ONE —NINETEEN Restaurant b Lounge XVII LIQUOR LICENSE 17.1 Lease Conditional 'lam successful sf'-ul transfer of Liquor License_ The parties to this lease recognize that there is to currently a liquor license specific to the premises subject this lease. It is contemplated that Tenant shall have ivetstated license transferred in Tenants anname. Uponesigning s ngst antlease to Tenant shall immediatelyefforts parties obtain w the etthatfTenantstated commence tocoperatehstatedeleased acknowledge between the parties premises pursuant to an interim agreement prior to the successful transfer of said liquor license it is the parties tlntilthis saidlease transferlofnot statedbecome liquorctive to license is the parties effected. IN WITNESS WHEREOF, Landlord Tenant ahave executed this Lease on the day and year first above written. LANDLORD TENANT i ONE —NINETEEN Restaurant b Lounge BY: S 910264 MENU ITEMS Eggs Ham, Bacon, Sausage, Country Ham Steak Waffles S Pancakes Toast S Bisquits Oatmeal Steak Pork Chops Shrimp Chicken Hot BeeF S Hot Turkey Club Sandwichs Patti Melts Hamburgers Soup Chili Salads Ice Cream Pies Coffee Tea Milk Soft Drinks Orange S Grapefruit Juices Potato's Onion Rings 310264 A.J. Jenkins To Whom It May Concern; Attached, please Find a list of all menu items to be served in the One -nineteen Restaurant 5 Lounge. All items will be available in both the restaurant and the lounge area. Although liquor will be being served From a bar in the lounge area, the lounge will have booths and chairs with tables For sit-down dining. Our menu will be available at all times. Thank you, 91623.' AMENDMENT TO XVII LIQUOR LICENSE The tenant under section 17.1 in regards to the liquor license shall be noted as "A J Jenkins" instead of "ONE —NINETEEN Restaurant & Lounge". By signing below both parties have noted and excepted that the lounge shall be leased to a specific individual (A J Jenkins) and not to the business (ONE —NINETEEN Restaurant & Lounge). LANDLORD TENANT ener J arls. DATE Frances E Carlson DATE C't � A Jenkins DATE 910264 Hello