HomeMy WebLinkAbout900556.tiffFINDINGS AND RESOLUTION
RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF DONALD L.
VEDEN, DBA THE LITTLE STORE, FOR 3.2% BEER RETAIL LICENSE
The application of Donald L. Veden, dba The Little Store,
4821 Yellowstone Drive, Greeley, Colorado 80634, for a 3.2% Beer
Retail License, came on for hearing on the 25th day of June, 1990,
at 9:00 a.m., and the Board of County Commissioners of Weld
County, Colorado, having heard the testimony and evidence adduced
upon said hearing, and having considered the testimony, evidence
and remonstrances filed with said Board, and having carefully
weighed the same, now makes the following findings:
1. The evidence discloses that the applicant has sustained
the burden of proof as to the desires of the
inhabitants.
2. That the applicant is of good character and reputation.
3. The applicant has proven the reasonable requirements of
the neighborhood.
RESOLUTION
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has considered the application of Donald
L. Veden, dba The Little Store, 4821 Yellowstone Drive, Greeley,
Colorado 80634, for a 3.2% Beer Retail License, for the sale of
fermented malt beverages, containing not more than 3.2% of alcohol
by weight, for consumption off the premises only, and
WHEREAS, said applicant has paid to the County of Weld the
sum of $450.00 for the hearing fee, in addition to the other
required fees, and
WHEREAS, due to the Findings of the Board of County
Commissioners in this matter, as stated herein, the Board deems it
advisable to approve said application for a 3.2% Beer Retail
License, for Donald L. Veden, dba The Little Store.
900556
Page 2
RE: 3.2% BEER LICENSE - THE LITTLE STORE
NOW, THEREFORE, BE IT RESOLVED that the Board of County
Commissioners of Weld County, Colorado, having examined said
application, the qualifications of the applicant, and the
testimony of those present at the hearing, does hereby approve the
application of Donald L. Veden, dba The Little Store, for a 3.2%
Beer Retail License, for the sale of fermented malt beverages,
containing not more than 3.2% of alcohol by weight, for
consumption off the premises only, for the reasons stated herein.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 25th day of
June, A.D., 1990.
ATTEST:
Weld County Clerk to the Board
BY:
1Qf/5,
eputy County Clerk
APPROVED AS TO FORM:
County Attorney
BOAR OF COUNTY COMMISSIONERS
WEL�JQOUNTY, COLORADO
her
;ene R. Bran
7)ge Kertfiedy, Pro-Tem
04
tance L. Harbe
C.W. Kiyb
900556
HEARING CERTIFICATION
DOCKET NO. 90-18L
RE: 3.2% BEER LICENSE - DONALD VEDEN, DBA THE LITTLE STORE
A public hearing was conducted on June 25, 1990, at 9:00 A.M., with the
following present:
Commissioner Gene R. Brantner, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Bruce T. Barker
The following business was transacted:
I hereby certify that pursuant to a notice duly published May 24, 1990,
in The New News, a public hearing was conducted to consider a request
from Donald L. Veden, dba The Little Store, for a 3.2% Beer License for
consumption off the premises only. Bruce T. Barker, Assistant County
Attorney, made this matter of record. Donald Veden, the applicant,
came forward to answer questions of the Board. Commissioner Harbert
said she inspected the property and found everything was in order,
including the posted sign. There was no public comment offered.
Commissioner Lacy moved to approve said 3.2% Beer License for Donald L.
Veden, dba The Little Store. Commissioner Kennedy seconded the motion,
and it carried unanimously.
This Certification was approved on the 27th day of June, 1990.
APPROVED:
ATTEST:
Weld County Clfark and Recorder
and Clerk to the Board
r
Cold
Deputy COnty Clerk
TAPE #90-25
DOCKET #90-18L
LC0021
BOARD COUNTY COMMISSIONERS
WELD Y, COLORADO
Gene R. Brantner;`Chairman
Geg{ge Kelined%, Pro-Tem 0'
900556
NOTICE
DOCKET NO. 90-18L
PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, DONALD L.
VEDEN, D/B/A THE LITTLE STORE, 4821 YELLOWSTONE DRIVE, GREELEY,
COLORADO 80634, HAS REQUESTED THE LICENSING OFFICIALS OF WELD
COUNTY, COLORADO, TO GRANT A RETAIL 3.2% BEER LICENSE FOR
CONSUMPTION OFF THE PREMISES ONLY, WITH A LOCATION MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
4821 Yellowstone Drive, Greeley Colorado, Weld
County, Colorado.
DATE OF APPLICATION: MARCH 19, 1990
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS
DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS:
Sections 22, 23, 24, 25, 26, and 27, all in
Township 5 North, Range 66 West of the 6th
P.M., Weld County, Colorado
THE HEARING ON SAID LICENSE WILL BE HELD IN THE FIRST FLOOR
ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET,
GREELEY, COLORADO, ON MONDAY, JUNE 25, AT, OR ABOUT, 9:00 A.M.
PETITIONS AND REMONSTRANCES MAY BE FILED AT THE CLERK TO THE BOARD
OF COUNTY COMMISSIONERS OFFICE, WELD COUNTY CENTENNIAL CENTER, 915
10TH STREET, GREELEY, COLORADO.
DATED AT GREELEY, COLORADO, THIS 21ST DAY OF JUNE, 1990.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
PUBLISHED: May 24, 1990, in The New News
9CCSt;
--terL �'iL
My Commssicn
777,4
so sr
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9(0 a
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
E LIOLID�� R
LAWS OF rig STATE OF COL-
ORADO, DONALD L. VEDEN,
QIyBB/�N THE LITTLE STORE, 4621
SELLO E DRIVE, GREE-
1iEO THEHAS08,LICENSING
DFFICIALS,OF WELD COUNTY,
COLORADO, TO GRANT -A
RETAIL 3.2% SEER LICENSE
FOR'COCONNSUMPTIDN OFF. THE
PREMISES ONLY, WITH A LOCA-
TION MORE PARTICULARLY
ISETRsARfOLLOW3:
4221 Yellowstone Drive,
MbndO, ,Weld Coumy,
DATE OF OPPUCATION: MARCH
IS ITC
THE BOARD OF COUNTY
COMMISSIONERS OF WELD
COUNTY, COLORADO, HAS
DECLARED THAT THE NEIGH-
BORHOOD TO BE SERVED WILL
OE AS FOLLOWS:
Teems 22, 23, 24. 26, 26,
and 27. MI In Township 5 Notth,
R6rya 66 West of OM P.M.,
INT Ommy, Cobweb
'* THE-. HEARING ON SAID
LICENSE WILL BE HELD IN THE
FITT FLOOR ASBEMSLY ROOM,
WELD
COUNTY CENTENNIAL
CENTER, On 10TH STREET,
GREELEY, COLORADO, ON MON-
DAY, JUNES 20, AT, OR ABOUT,
ST A.M.
' PETITIONS AND REMON-
STRANCES MAY SE FILED AT
THE CLERK TO THE BOARD OF
COUNTY COMMISSIONERS
OPFICESWELD COUNTY CEN-
TENNIALJCENTER, 916 10TH
STET, GREELEY, COLORADO.
sosti DATE AT COL-
ORADO, IS 21ST
TDAY OF'
lWE.. THE BOARD OF COUNTY
• COMMISSIONERS
WELD COUNTY. COLORADO
- SYTIOINANNTUEITTEIN
• WECOUNTY CLERK AND
REC
ORDER AND CLERK
TO THE BOARD
c_\cam.}
70 -L311-,
Dena E. Mazurana of
said County of Weld, being duly sworn, say that I am
an advertising derk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
that the same is a daily newspaper of general
circulation and printed and published in the City of
Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
been published in said daily newspaper for consecutive
(days) (vAgg x); that the notice was published in the
regular and entire issue of every number of said
newspaper during the period and time of publication of
said notice, and in the newspaper proper and not in a
supplement thereof; that the first publication of said
notice was contained in the issue of said newspaper
bearing date thirteenth
day of June
A.D. 19 90
and the last publication thereof; in the issue of said
newspaper bearing date the thirteenth
day of June A D 19 90 •
that said The Greeley Daily Tribune and The Greeley
Republican, has been published continuously and
uninterruptedly during the period of at least six
months next prior to the first issue thereof contained
said notice or advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions of the
Act of March 3, 1879, or any amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Total Price: $18.56
June 13 1990
F
Advertising Clerk
Subscribed and sworn to before me this
13 day of June A.D 1990
/Yt"C
My commission expires _
Notary Public
.S;
49& d4"
el
111.2.2, /9yb
NOTICE
DOCKET NO. 90-18L
PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, DONALD L.
VEDEN, D/B/A THE LITTLE STORE, 4821 YELLOWSTONE DRIVE, GREELEY,
COLORADO 80634, HAS REQUESTED THE LICENSING OFFICIALS OF WELD
COUNTY, COLORADO, TO GRANT A RETAIL 3.2% BEER LICENSE FOR
CONSUMPTION OFF THE PREMISES ONLY, WITH A LOCATION MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
4821 Yellowstone Drive, Greeley Colorado, Weld
County, Colorado.
DATE OF APPLICATION: MARCH 19, 1990
THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS
DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS:
Sections 22, 23, 24, 25, 26, and 27, all in
Township 5 North, Range 66 West of the 6th
P.M., Weld County, Colorado
THE HEARING ON SAID LICENSE WILL BE HELD IN THE FIRST FLOOR
ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET,
GREELEY, COLORADO, ON MONDAY, JUNE 25, AT, OR ABOUT, 9:00 A.M.
PETITIONS AND REMONSTRANCES MAY BE FILED AT THE CLERK TO THE BOARD
OF COUNTY COMMISSIONERS OFFICE, WELD COUNTY CENTENNIAL CENTER, 915
10TH STREET, GREELEY, COLORADO.
DATED AT GREELEY, COLORADO, THIS 21ST DAY OF JUNE, 1990.
THE BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
%reUI' %letter G�l��'°`'1L'o�la4-v
PUBLISHED: May 24, 1990, in The New News
BY: MARY ANN FEUERSTEIN
WELD COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
SC0553 3
O tca off ColorC�lo
atft off l3@n®
Liquor Enforcement Division
1375 Sherman Street
Denver, Colorado 80261
VEDEN DONALD L
LITTLE STCRE THE
4821 YELLOWSTONE DR
GREELEY CO 80634
Alcoholic Beverage License
Account Nuntw
Lowy w.
CovM OW NWv0. T844 LMGNv O.N
LICENSE E%F1RE8 AT MDNIOM
14-30748
03 206 5411 1 070390
JUL 02. 1991
IRA
N.nu and D..aiplbn 0 Lbn.e
F..
J
3.2 PERCENT BEER RETAIL LICENSE
$ 50.00
COUNTY 85 PERCENT OAP FEE
$ 42.50
TOTALFEES)
$ 92.50
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 amended. This license is non-
transferable and shall be conspicuously posted in the place above described. This license is
only valid through the expiration date shown above. Questions concerning this license
should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375
Sherman Street, Denver, CO 80261.
In testimony whereof, I have hereunto set my hand.
Division Director
OR 8402 (3-88) JUL 0 5 1990
Executive Director
9C0553
COLORADO
OFFICE OF BOARD OF COUNTY COMMISSIONERS
PHONE (303) 356-4000, Err. 4200
P.O. Box 758
GREELEY, COLORADO 80632
June 19, 1990
Donald L. Veden
The Little Store
4821 Yellowstone Drive
Greeley, CO 80634
RE: Findings of the Investigation Concerning your Application for a 3.2%
Beer License for "The Little Store" for Consumption Off Premises
Dear Mr. Veden:
Please be advised that the Board of County Commissioners of the County of
Weld, Colorado, has made favorable findings in its investigation concerning
your application for the proposed 3.2% beer license, with the licensed
premises to be known as "The Little Store" with the sales to be for
consumption off premises. The on -site visit which was conducted by
Commissioner Connie Harbert revealed the following:
a. The proposed licensed premises is not connected to a different licensed
premises.
b. The applicant's diagram of the proposed licensed premises is correct.
c. There are no public or parochial schools, or principal campus of any
college, university, or seminary within 500 feet of the proposed
licensed Rremises.
d. The notice of hearing was properly posted.
The investigation of your character has shown that it is good and in
accordance with Section 12-46-108(1)(b), C.R.S.
As you know, the hearing on said
Assembly Room of the Weld County
Greeley, Colorado, on Monday, June
Very truly yours,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
license will be held in the First Floor
Centennial Center, at 915 Tenth Street,
25, 1990, at 9:00 a.m.
90:0553
Connie Harbert
County Commissioner
DATE: MAY 21, 1990
WELD COUNTY PLANNING DEPARTMENT:
WE HAVE RECEIVED AN APPLICATION FOR A 3.2% BEER
FOLLOWING DESCRIBED PROPERTY:
4821 YELLOWSTONE DRIVE, GREELEY
(THE LITTLE STORE)
LICENSE AT THE
PLEASE INDICATE THE NECESSARY INFORMATION AT THE BOTTOM OF THIS MEMO
AND RETURN TO US.
r
CLERK TO THE BOARD /
(I
DEPUTY
WHAT IS THE CURRENT ZONING AT THE ABOVE SITE? C-2 (C1-01/9/ Born4/6%(/t )
IS THIS TYPE OF REQUEST PERMITTED IN THE ABOVE ZONING? "1:-,-;
YC
WELD COUNTY PLANNING DEPARTMENT
AAY 2 1990
9( I.-..
Weld Co. MOW ;:ii WISS eo
DR 8403 (5/89)
Cob. Dept. of Revenue Colorado
Liquor Enforcement Division 1375 Sherman St Fermented Malt Beverage
Denver, CO 60261 (3.2% Beer) License Application
IMPORTANT: For those retail licenses described in Column A below, this application and all
supporting documents must FIRST BE FILED IN DUPLICATE WITH, AND APPROVED BY, THE
License Issued Through
(Expiration Date)
Use License Account No.
for all reference
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
City
- County
• All officers/directors of a corporation • Over 5% limited partners
66-1
45-9
37-1
49-1
• All stockholders of a corporation not subject • Managers
to the Securities and Exchange Act of 1934 • Each person required to file form
• Over 5% stockholders of a corporation subject DR 8404-I must submit fingerprints
'
to the Securities and Exchange Act of 1934 to the Local Licensing Authority.
NOTE: License status will not be given over the telephone. License will be mailed by the Liquor Enforcement
Division to the Local Licensing Authority upon issuance.
ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN
TOTAL
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).
45 - 9 (3) COLUMN A STATE FEES 45 - 9 (3) COLUMN B STATE FEES
18 B New License Application Fee sestet) /fp, kb
19 IN Transfer of Ownership Application Fee $250.00
18 ❑ New License Application Fee $250.00
19 ❑ Transfer of Ownership Application Fee $250.00
11 O Retail 3.2% Beer (Fermented Malt $71.25
Beverage License) - City
11 X Retail 3.2% Beer (Fermented Malt $92.50
Beverage License) - County
c 44M1r FFE - Ale -k) 17.50
12 ■ 3.2% Beer Wholesale License (Fermented Malt Bev,) $125.00
13 ❑ 3.2% Beer Manufacturer's License (Fermented Malt Bev,) 125.00
14 ❑ 3.2% Beer Importer's License (Fermented Malt Bev,) 125.00
16 • Nonresident Manufacturer License 125.00
(Fermented Malt Beverage)
1. Name of Applicant(s): If partnership, list partners' names (at least two); if corporation, name of corporation:
a0 A01/1 L, 4iede-p
Date filed with Local Authority:
3-/9-90
1a. Applicant is a:
❑ Corporation (l Individual III Partnership Other (specify)
F.E.I.N.:
g1/-//3367?
2. Trade Name of Establishment: (DBA)
the /ir7/e fJ,Lt.
State Sales Tax No.:
/I/ja7'}8
Social Security No.:
3. Address of Premises: (Specify exact location of premises.Diagram of premises must accompany this application.)
l/gZ/ yI//n4)372/1e Dn. de-
Business Telephone:
7Lra-,7040
City: '
Gre-ti eyy
County:
evaa
State:
414'
Zip Code:
cal, 4i
4. Mailing AddreIs: (Number and Street)
14 14 ye.//oJJrole e O1-,' t
City or Town:
.-eeiey
State:
4lo•
Zip Code:
1''GJ-f
5. If this is a transfer of ownership application or renewal, you MUST answer the following questions about this business:
Present Trade Name of That Establishment (DBA):
Present State License No.:
Present Type of License:
Present Expiration Date:
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 eighteen years?
7. (a) Has the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation) ever
been 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. Cinz - r
YES
NO
y
B. 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.
YES
NO
9. Has a fermented malt beverage license for the premises to be licensed been refused within the preceding year? If'yes '
explain in detail.
x
10. 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 or Fermented Malt Beverage License (include loans to or from
any licensee, or interest in a loan to any licensee)? If 'yes,' explain in detail.
X
11. 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:
ris
L cafe Venire" 1Nc• act gy/Pyern-PXwY in oejJd« Cale• (tiny 'yr.
12. Identify the persons, firms, or corporations who now, or will, have a financial interest, evidenced either by loans or equity
ownership in the business 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
equipment (i.e., bank, relatives, friends, previous owners, etc.). Use separate sheet if necessary.
NAME
ADDRESS
INTEREST
Ni//
13. 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
ADDRESS
,
Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including
corporation) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent
conditional in any way by volume, profit, sales, giving of advice or consultation.
a
or
14. Colorado Manufacturer or Wholesaler applicants, answer the following:
(a) Does the applicant own, lease or operate any Colorado warehouse or storage plant in connection with this business?
If 'yes,' give full address.
(b) If the applicant is a wholesaler, does or did any owner, part owner, shareholder, director or officer have any direct or
indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado
to sell fermented malt beverage, or 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 whether
one has been applied for.
Page 2 of 4
15. Nonresident Manufacturer(fermented malt beverages) or importer(fermented malt beverages)
g ) po g ) applicants, answer the
following:
(a) To what Colorado licensed wholesaler do you intend to ship your merchandise?
(b) Does or did any owner, part owner, shareholder, director or officer of the applicant have any direct or indirect financial
interest in an importer, manufacturer or retailer already licensed by the State of Colorado to sell fermented malt
beverages or 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.
(d) Are you the primary source of supply in the U.S.? If 'no,' explain in detail.
YES
NO
I
I
16. If the applicant is a partnership, answer the following: (Attach separate sheet if necessary.)
(a) Name of each general partner and each limited partner
holding a greater than 5% interest
Home Address, City and
State
Sdcial Security #
Date of Birth
b%
y
(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:
17. If the applicant is a corporation, answer the following:
(a) Corporation is organized under the laws of the State of: ,t//ti Date of Incorporation:
(b) Out-of-state corporations, give date authorized to do business in Colorado: from
Attach o.CeSecretary ecate of of Sore)
Colo. of State)
(c) Date of filing last annual corporate report to the Secretary of State:
(d) Name of each officer listed below:
Home Address, City and State:
Social Security •
Date of Birth:
President:
Vice -President:
Treasurer:
Secretary:
(e) Name all 5% or greater stockholders;
include actual owner or Dledaee
Home Address, City and State
% of stock
Date of Birth:
(f) Name of all Directors or Trustees of
Corporation:
Home Address, City and State
18. Manager:
Page 3 of 4
9''u53
OATH OF APPLICANT
I declare under penally of perjury in the second degree that this application and all attachments are true, correct, and
complete to the best of my knowledge.
Authorized Signature:
�j
,/III 4/1 / v'1- .---
Tille
a .-w
Date:
a '/fit —9d
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY
(Manufacturers, nonresident manufacturers, Importers, wholesalers, limited winedes, and public transportation licensees
disregard the section below)
YES NO
Is this application for a: X New License Transfer of Ownership Other (specify):
Each person required to file DR 8404-I: Has
Background
The liquor licensed premises is ready for occupancy
If 'no," the building will be completed and ready
been fingerprinted
NCIC and CCIC checked
and has been inspected by the Local Licensing Authority.
for inspection by oats M/Ypc// / /rya
X
C.R.S., as amended, 12-46-117
(1) (a) The local licensing authority shall restrict
(I) Sales for consumption 'OFF'
(II) Sales for consumption 'ON' the
(III) Sales for consumption 'BOTH
(b) The provisions of paragraph (1)(a) shall
for under this article prior to July 1,
the use of said license to: CHECK ONE
the premises of the licensee: or �(
premises of the licensee; or
ON AND OFF' the premises of the icensee.
not apply to any license issued or applied
1967, nor to any renewal or reissuance thereof.
The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are
satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires
of the inhabitants, and will comply with the provision of Title 12, Article 46, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED.
Local Likening Authority for:
Weld County, Colorado
❑
TOWN, CITY
COUNTY
I7
Signature:
Title: Chairman,
Board of Weld County Commissioners
Date:
Signature (attest):
Title:
Dale:
If 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 commissiopers and the derk 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.
Page 4 of 4
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and
complete to the best of my knowledge.
Authorized Signature: ?
4' /4,t A .--.
Ti.
puy, -.-i---
Date:
a A '/,Z —9d
REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY
(Manufacturers, nonresident manufacturers, Importers, wholesalers, limited wineries, and public transportation licensees
': disregard the section below.)
Is this application for a:
Each person required to file
The liquor licensed premises
If 'no,' the building will be
X.
DR
is
completed
New License
8404-I: Has been
Background
ready for occupancy
and ready for
fingerprinted
and
inspection
Transfer of Ownership
NCIC and CCIC checked
has been inspected by the
by (date) /vf/frt' /
Local
/770
Other (specify):
Licensing Authority.
YES
[
NO
X
C.R.S., as amended, 12-46-117
(1) (a) The local licensing authority shall restrict the use of said license to: CHECK
(I) Sales for consumption 'OFF' the premises of the licensee; or
(II) Sales for consumption 'OW the premises -of the licensee; or
(III) Sales for consumption 'BOTH ON AND OFF' the premises of the licensee.
(b) The provisions of paragraph (1)(a) shall not apply to any license issued or applied
for under this article prior to July 1, 1967, nor to any renewal or reissuance thereof.
ONE
X
The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are
satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires
of the inhabitants, and will comply with the provision of Title 12, Article 46, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED.
Local Lkenlog Auth«My or
Weld County, Colorado
O TOWN, CITY
® COUNTY
Chairman,
Board of Weld County C is
Boa
Dale:.:
Dale:
June 25, 1990
sq
Sg I a
estl:
t :f.(.,•LJ
te:
�\ �U y ., .
Date:
June 25, 1990
If proms re located within a town or city, the above pproval hould be signed by the yor and clerk, if in a county, then by the chairman of
the board of county commissioners and the clerk to the board. If, y ordinance or otherwise, the local licensing authority is some other official, then
such approval should be given by such official.
3C055S
Page 4 of 4
J
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/IN
\1
VENTA INC.
(303) 892-7171 1055 AURARIA PKWY., #100
DENVER. COLORADO 80204
STATION LEASE
This agreement, made F7.6.� rzr A , 19 cl0 , between Yenta,
Inc., hereinafter "Lessor" and Donald L. Veden , hereinafter
"Lessee".
WITNESSETHI
1. Lessor hereby leases to Lessee the premises located at
4821 Yellowstone Dr. in the City (or Town) of Greeley L
in the County (or Parish) of Weld , in the State
of Colorado , which premises are to be employed in
connection with the sale, consignment or distribution of motor
fuel under the signs, brands, trademarks or trade names of
Conoco. It is understood and agreed that Lessor neither owns nor
controls the signs, brands, trademarks or trade names of Conoco
which are to be used at the above premises, but that Lessor may
supply those to Lessee only with the authorization of Conoco,
which retains the right, subject to requirements of law, to
withdraw these from Lessee at any time notwithstanding any
request or demand by Lessor to the contrary. Lessor owns all
equipment on the premises with the exception of items enumerated
in
912 Attachment "A".
2. The termf this Lease shall be 3 years, commencing on
Ns we c6. I% istorth 1990, and ending on Fe Inru,,. at , 193.3_,.
3. The total rent for the term of this Lease is $48.600.00 ;
such rent shall be payable at the rate of 81,350.00 per month on
the 1st day of each and every calendar month during the
effective life of this Lease.
4. Lessee is an independent businessman with the exclusive right
to direct and control the business operation at the above
premises, including the establishment of the prices at which
merchandise is sold. Lessor reserves no control over the
business at the above premises. Lessee has no authority to
employ anyone as an employee or agent of Lessor for any purpose.
5. The parties to this Lease have discussed the provisions
herein and find them fair and mutually satisfactory and further
agree that in all respects'the provisions are reasonable and of
material significance to the relationship of the parties
hereunder. Any breach of a provision of this Lease shall be
grounds for termination or non -renewal of the relationship.
i?)
6. Lessee shall surrender possession of the station immediately
upon termination, cancellation, or non -renewal of this Lease.
Lessor shall have the right to repossess the premises immediately
upon termination, cancellation or non -renewal of this Lease.
Lessee shall leave the station in the same condition as it
was at the commencement of this Lease or in the same condition to
which it was brought by the efforts of Lessor after the
commencement of this Lease, except for (i) normal wear and tear
and (ii) damage or destruction not caused by Lessee's negligent
or willful acts or omissions.
If damage to or destruction of the premises (including
fixtures) was caused by the negligent or willful acts or
omissions of Lessee, Lessee will pay Lessor the cost of repair or
replacement.
7. Lessor retains the right to enter and inspect the station at
reasonable times and in a reasonable manner with such employees
and equipment as Lessor may deem necessary to determine if the
obligations assumed by Lessee under this Lease are being
fulfilled.
8. Lessor shall not be liable to Lessee or to any other person
for any damage to or loss of property, or for injury to or death
of persons arising from Lessee's operation pursuant to this
Lease, and Lessee agrees to indemnify, protect and save Lessor
harmless from and against any and all losses, claims,
liabilities, suits and actions, judgments and costs, which shall
arise from or grow out of any injury to or death of persons and
for damage to or loss of property, directly or indirectly arising
out of, or resulting from, or in any way connected with Lessee's
operation upon or use of the station or from the condition
thereof or of the adjoining streets, sidewalks or ways, whether
sustained by Lessee or his agents or employees, or any other
person, firm or corporation which may seek to hold Lessor liable.
9. Any notice required by this Lease shall be in writing. It
shall be deemed served when delivered to the other party
personally or when mailed via certified mail to the other party
at the address indicated at the end of this Lease.
10. The parties may modify this Lease only by written amendment
executed by both parties hereto.
11. In the event of default of the Lessee on his obligation to
pay rent to the Lessor on any date on which rent is due and if
such default is not cured within 10 days after notice to Lessee,
the remainder of the rent due to the end of the term of this
Lease shall become immediately due and payable.
12. Lessee may not sublet or assign his leasehold interests
without first obtaining the written consent of the Lessor thereto
unless mandated by state law. Such consent shall not be
unreasonably withheld.
9C 0553
(h) not place any buildings or other permanent
improvements at the station, or remove or make any alterations or
changes in or to the existing buildings and permanent
improvements at the station without prior written permission of
Lessor;
(i) not store or sell illegal or prescription
drugs or permit the same to be used or consumed at the station.
15. (a) Lessee shall, at his expense; (1) maintain the station
in accordance with the standards enumerated in Paragraph 14; (ii)
make all repairs and replacements in accordance with Attachment
"C"; (iii) pay all water, gas, electricity, telephone,and other
utility bills; (iv) pay all real estate taxes prorated to the
terms of this agreement; (v) pay all premiums and contributions
required by Workmen's Compensation, Unemployment Insurance, old
age benefits and other programs measured by the remuneration paid
by Lessee to his employees; (vi) pay all license, occupation and
business fees connected with Lessee's operation of the station;
and (vii) pay all costs of withdrawing, distributing and selling
products at the station. If Lessee fails to fulfill the
obligations set forth in (i), (ii), (iii), or (iv) above, Lessor
may, in cases of urgency, without waiving any other remedy
allowable under law, take care of such maintenance, make such
repairs and replacements, or otherwise perform such obligations.
Lessee shall reimburse Lessor upon demand if it is necessary for
Lessor to fulfill Lessee's obligations in (i), (ii), (iii), or
(iv) above.
(b) Lessee shall be responsible for all maintenance, repairs and
replacements not specifically covered above.
16. Lessee shall pay all taxes levied or imposed on (i) Lessee's
property located at the station, and (ii) Lessee's operations
pursuant to this Lease including the withdrawal, distribution,
sale or delivery of the products handled at the station.
17. If the accompanying Contract of Sale is terminated or not
renewed for any lawful reason, this Station Lease shall also
terminate or not be renewed at the same time as such termination
or non -renewal.
18. LESSEE'S INSURANCE REQUIREMENTS
(a) Lessee shall obtain insurance equivalent to the followings
(i) Comprehensive General Liability Insurance covering operations
and premises, complete operations and products liability and
contractual liability, all with minimum bodily injury limits of
One Hundred Thousand Dollars (3100,000.00) each person, Three
Hundred Thousand Dollars (8300,000.00) each occurrence, and a
minimum property damage limit of Twenty -Five Thousand Dollars
($25,000.00) each occurrence;
(b) The insurance will name Lessor as an additional insured aiY$
will be primary as to any other existing, valid and collectible
insurance. The foregoing are minimum insurance requirements only
and may or may not adequately meet the entire insurance needs of
13. Lessee shall,
(a) operate the station responsibly, with due
care, prudence, good judgment, and skill;
(b) treat all customers of the station
courteously;
(c) not engage in dishonest, fraudulent, or scare -
selling practices;
(d) promote diligently the sale of motor fuel by the station
(e) perform all services in a good, workmanlike manner;
(f) maintain the restrooms in a clean, sanitary,
and well lighted condition and adequately provided with, necessary
supplies;
(g) provide sufficient trained and courteous
personnel to serve the needs and desires of the motoring public;
(h) keep the station, driveways, yards, lawns,
shrubs and other plantings neat and free from weeds, debris,
snow, ice, and rubbish; and
(i) keep the station open for business and
properly lighted during all hours of operation specified in
Attachment "B'_.
14. Lessee shall,
(a) use the station solely for the purpose of
operating a first-class motor vehicle service station for the
sale of motor fuel and other petroleum products, and other
merchandise and services customarily supplied by a service
station (or relevant to the needs of the motoring
public) unless otherwise agreed in writing by Lessor and Lessee.
(b) not use the premises for storage of junk,
disabled vehicles, used tires or batteries, other than on a
temporary basis in connection with servicing customers of the
station;
(c) not use the station, without the prior written
consent of Lessor, for auto, truck or equipment rentals or as a
parking lot;
(d) not obstruct any entrance, exit, pump island
or service area so as to deny free access to the motoring public
or block delivery carriers access to storage fill pipes;
(e) if the construction, maintenance and/or
operation of the station is pursuant to a conditional use permit
or other approval ("permit") by a zoning board or other
governmental agency, use the station in accordance with all
requirements contained in such permit. If the station is subject
to such a permit, a copy will be delivered to Lessee and Lessee
agrees to acknowledge receipt of the copy on a form provided
by Lessor;
(f) conduct all operations lawfully and in strict
compliance with all statutes and all ordinances, regulations, and
other requirements of governmental authorities;
(g) except as required by law or as agreed to in
writing by Lessor and Lessee, not display signs except those
usual and customary to advertise products and services offered
for sale at the station by Lessee;
Lessee. If Lessor requires, before Lessor delivers possession of
the station to Lessee, Lessee shall furnish Lessor with
certificates of such insurance which provide that coverage will
not be cancelled or materially changed prior to 30 days' advance
written notice to Lessor. The insurance required hereunder in no
way limits or restricts Lessee's obligation under Paragraphs 9
and 20a as to indemnification of Lessor. Further, the insurance
go be carried shall be in no way limited by any limitation placed
upon the indemnity therein given as a matter of law.
19. Lessee shall maintain at the station, in a form to permit
calculation of rentals due under this or any underlying lease,
accurate records, including dates, volumes and prices, of (i) all
deliveries and sales of motor fuel, and (ii) gross revenue from
sales of all products (including motor fuel) and services.
Lessor and/or its agent may examine, copy, and audit the
foregoing records at any reasonable time and Lessor agrees to
keep the records confidential. Lessee shall, on request from
Lessor, provide a verified statement of deliveries, sales and
gross revenue within 5 days after the end of each calendar month,
twelve-month lease period, and/or any cancellation or
termination of this Lease. At Lessor's option, Lessor may
prescribe a written form which Lessee shall complete in
submission of such statements.
20a. Lessee recognizes that it is handling hazardous substances
and agrees that, in receiving, storing, handling, offering for
sale, selling, delivering for use, exchanging in trade or using
itself product(s) purchased from Lessor, Lessee will in all
respects exercise the strictest care required by law and that it
will comply with any and all of Lessor's Applicable Safety
Procedures as well as all applicable federal, state and local
laws, ordinances, regulations, rules and orders, as exist now, or
as may hereinafter come into force, including, but not limited
to, those governing dispensing equipment, pollution, the maximum
sulfur content of fuel, the maximum lead content of motor fuel
and the labeling of pump stands and dispensers of motor fuel, the
use and labeling of product containers, the use, maintenance and
labeling of product storage tanks, the prevention of spills,
leaks, venting or other improper escape from product containers
or storage tanks, and the method of cleanup or disposal of
product which has leaked, spilled, vented or otherwise improperly
escaped from containers or storage tanks. Lessee understands
that it is an "operator" for purposes of 40 C.F.R. 280-B1 and any
other applicable federal, state and/or local laws, regulations,
or ordinances related to the prevention of pollution from storage
tanks or the taking of corrective action therefor. LESSEE WILL
INDEMNIFY AND HOLD LESSOR, ITS SUCCESSORS AND ASSIGNS, HARMLESS
AGAINST ALL LOSSES, CLAIMS, CAUSES OF ACTION, PENALTIES AND
LIABILITIES ARISING OUT OF LESSEE'S FAILURE TO COMPLY WITH THE
PRECEDING SENTENCE, and such failure by Lessee shall entitle
Lessor to cancel this Lease immediately.
3
20b. In the event that any spills, leaks, venting or other
unintended discharge from product containers, pumps, piping or
storage tanks ("facilities") requires corrective action for any
reason or cause, Lessor is authorized to suspend immediately its
supply and other obligations under this and related contracts
until such time as all required corrective action is completed,
and Lessor is further authorized to enter the property at any
time and remove all motor fuels from any or all storage tanks on
the premises and, in its sole discretion, remove storage tanks
and related facilities owned by Lessor. Lessor shall be under no
obligation to replace, repair or restore storage tanks removed
pursuant to this provision and such suspension of obligations
and/or removal of storage tanks shall not constitute default
hereunder or give rise to any claims for damages or other
compensation. When all required corrective action is completed,
Lessor may demand a renegotiation of any term of this or related
agreements, including the rental terms, in any reasonable manner
that compensates Lessor for its out of pocket expenses and
additional necessary investments occasioned by the discharge or
restoration of the site.
21. COMPLIANCE WITH LAWS AND SEVERABILITY OF PROVISIONS. Both
parties expressly agree that it is not the intention of either
party to violate statutory or common law and that if any
sentence, paragraph, clause or combination of same is in
violation of any law, such sentences, paragraphs, clauses or
combination or same shall be inoperative and the remainder of
this Agreement shall remain binding upon the parties hereto
unless in either party's judgement the remaining portions hereof
are inadequate to define the rights and obligations of the
parties, in which event such party shall have the right, upon
making such determination, to terminate this Agreement.
22. The failure of Lessor or of Lessee to insist upon
performance of any of the terms or conditions of this Lease, or
to exercise any right or privilege herein conferred, shall not be
construed as then or thereafter waiving any such terms,
conditions, rights or privileges, etc., but the same shall
continue and remain in full force and effect.
23. Lessor shall have a landlord's lien upon all fixtures,
equipment and movables of Lessee upon the premises for any sums
due hereunder. Lessor may distrain Lessee's property for any
sums due hereunder.
24. This Lease contains the entire agreement and there are no
further or other agreements or understandings, written or oral,
in effect between the parties relating to the subject matter
hereof.
9( 0556
25. ATTORNEY'S FEES. It is hereby agreed to and understood by
the parties to this Lease that if Lessor obtains a judgment
against Lessee for breach of any provisions hereof, Lessor's
contract damages include all attorney's fees and other litigation
expenses incurred by the Lessor in obtaining such judgment.
In Witness Whereof, the parties hereto have duly executed this
Lease as of the date first above written.
LESSOR: Venta, Inc.
1055 Auraria Parkway
LESSEE' Donal
4614 Yellowstone Drive
Greeley, CO 80634
ADDRESS
BY, MXv----
ATTACHMENT A TO STATION LEASE
LESSEE'S EOUIPMENT
Lessor owns all equipment on the leased premises with the
exception of :
or n5753
Lessee shall not place any building or other permanent
improvements at the station or install any additional equipment,
without the written permission of Lessor in accordance with
paragraph 15(h) of the Station Lease.
ATTACHMENT B
MOTOR FUELS DISPENSING HOURS OF OPERATION
It is agreed that the gasoline dispensing facilities shall
be open 1 days per week year round (except where government
regulations forbid). Hours of operation on each day are as
follows,
Open
Closed
Sun Mon Tue Wed Thu Fri Sat
'1:ooA 1:uoA 1:ook 4:noA 1:o0A 'l:ooA 1:OOra
10:00? 10; 00"F' 10:00? IO:oo? IUtoo? IO:oop lOtoo'p
These are the minimum hours of operation and they do not
preclude the Purchaser (Lessee) from opening the facility at
other times. Holiday closings shall include C%.r:al-mas
Should the facility be closed, vacant, or unattended for
seven (7) or more consecutive days through no fault of the Seller
(Lessor), the contract to which this schedule is attached may be
terminated at Seller's (Lessor's) sole discretion unless failure
is caused by construction activities on the premises or on the
streets immediately adjacent to the premises.
0
ATTACHMENT C
REPAIRS AND REPLACEMENTS
MAINTENANCE RESPONSIBILITIES)
CODE KEY:
C - Cleaning
H - Maintenance -Repair
R - Replacement
0 - Owner of Equipment
Fee Owned Single Lease
ITEM
NO.
DESCRIPTION
Less./ I LESSEE
SITE IMPROVEMENTS
C
H
R I C
H
R
1. RAMPS AND APPROACHES -- including all ramps,
curbs, culverts, headwalls, parking or safety
curbs, sidewalks, highway berm areas or parkways
2. UNDERGROUND TANK AREA
A. Concrete Pad, Fill Caps, and Product I.D.
Tags or Point Codes
B. Vents and Vent Pipes
C. Padlocks for Fill Caps
D. Underground Product Tanks and Piping
E. Submerged Pumps & Leak Detectors
F. Vacuum or Vapor Recovery Equipment
3. YARD PAVING
A. Concrete, Blacktop, or Gravel Covering
B. Parking Bumper & Concrete Curbs
C. Parking Stall Striping Replacements
(initially provided by Lasso?)
D. Fencing
E. Yard Sewers, Manholes, Drainage Ditches or
Canals
F. Drive Sweepers or Snow Plowing Equipment
4. PUMP ISLANDS & ISLAND CANOPIES
A. Canopies
1. Structural, Fascia, Drainage,Washing,
Painting, Signs
2. Electrical Fixtures, Ballasts, Lens
Cover
3. Bulbs or Tubes & Starters
x
x
x
X X
X
X
x
X
>c
X
X
X
X
X
X
CODE MIT: C - Cleaning
H - Maintenance -Repair
R - Replacement
0 - Owner of Equipment
Fee Owned Sincle Lease
ITEM
NO.
DESCRIPTION
.lea( ( LESSEE
SITE IMPROVEMENTS
C
H
R I C
H
R
PUMP ISLAND & ISLAND CANOPIES (Continued)
B. Islands
1. Steel Forms
a. Maintenance Painting
2. Island Merchandisers or Oil Display
Racks
3. Pedestals (Pumps)
a. Initial Hoses/Automatic Nozzles
Warrantee Period
b. Replacement Hoses & Automatic
Nozzles to Include Repair
c. Calibrate Pumps as Required by
Governmental Authority
d. Replace Glass Panels on Pumps
4. Island Shelters ( Owned)
a. Island Shelter Heaters
5. Island Water & Air Service Lines
a. Air & Water Hoses & Nozzles
6. Island Light Fixtutes & Poles
a. Painting
b. Tube Replacement
7. Drive Alarm & Hose
8. Windshield Cabinets, Water Buckets &
Other Expendable Items
5. GRASS AREA & LANDSCAPING -- including sprinklers
maintenance equipment
6. YARD SIGNS
A. Primary Identification Sign
1. Sign & Pole
2. Relamping
3. Maintenance Painting
B. Miscellaneous Yard Signs
1. Directional Signs
2. Price Signs, Pole or Ground Mounted
3. Pump Signs
4. Operating Hours
5. Certified Service Sign, Ground,Window
X X
X x
- 1-INXR
X
X
X
X
X X
xx
X
X
x x
x
AMA -I- -t
xx ?c
x
X
X K
X
X t( X
X X X
XX
X X "c
xxx
NyA
CODE KEY:
C - Cleaning
M - Maintenance -Repair
R - Replacement
0 - Owner of Equipment
Fee Owned Single Lease
ITEM
NO.
DESCRIPTION
LESSEE
SITE IMPROVEMENTS
C
H
R
C
H
R
PUMP ISLAND & ISLAND CANOPIES (Continued)
6. Dealer Name Sign
7. Canopy Clearance Signs
C. Yard Lighting
1. Maintenance & Replacement Ballasts
2. Relamping
7. WATER SYSTEM
A. Municipal Supply System
1. Initial Tap Fee & Underground Lines
Hain to Building
2. Operating Costs & All Materials,
Repairs, Valves
B. Water System from Local Wells
1. Operating Costs and All Materials
Lubrication of Motors, Controls, etc.
8. REFUSE -- TRASH, GARBAGE
9. TIRE HERCHANDsJtit & STORAGE (Owned by
10. TIRE RACKS, PORTABLE
11. VENDING MACHINES
12. EXTERIOR PHONE BOOTHS
X X x
X X X
X X X
X
x
x
>G
x
CODE KEY:
C - Cleaning
H e Maintenance -Repair
R - Replacement
0 - Owner of Equipment
Fee Owned Single Lease
ITEM
NO.
DESCRIPTION
LESSEE
BUILDING EXTERIOR
C
H
R
C
M
R
1. SIDEWALKS
2. COLUMNS
3. WALLS
4. ALL WINDOWS, DOORS & STORE FRONT METAL
5. GUTTERS & DOWNSPOUTS
6. ROOFING -- All Types
7. PAINTING & WASHING
A. Painting
1. Initial & Maintenance
B. Washing
1. Routine Washing & Cleaning Painted
Surfaces
2. Major Washing Program
B. OVERHEAD DOORS
A.
B.
C.
D.
E.
F.
Initial Doors
Motor Operators & Stations
Normal Repair & Adjustment
Vehicular Damage
Front Door Hardware & Closures
Glass Replacement.
X
X
X
-'C
x
X
A
X
x
x
X
3
CODE KEY:
C • Cleaning
H • Maintenance -Repair
R - Replacement
0 • Owner of Equipment
Fee Owned Single Lease
ITEM
NO.
DESCRIPTION
I LESSEE
BUILDING INTERIOR
C
H
R
C
H
R
1. FLOORS
2. WALLS
A. All Wall Surfaces
B. Routine Washing of Surfaces
C. Major Washing Program
3. CEILINGS
A. Drywall, Hetal, Suspended Lay -in
B. Light Fixtures, Ballasts, Lens Covers
C. Tubes, Bulbs, Lamps, Replacement
4. SALES ROOM
A. Shelving
B. Counters
C. Desks
D. Chair
E. Safe
F. Area Hap
G. Hap Rack
H. Rest Room Plaque & Key Tags
5. PUBLIC OR EMPLOYEE REST ROOMS
A. All Fixtures, Mirrors, Partitions, Soap &
Toilet Paper Dispensers, and/or Stool
B. All Supplies for Operation
C. Routine Washing of Surfaces
D. Rodding Toilets & Sewer Lines
6. SERVICE BAYS
A. Shelving, Tire Racks, Work Benches,Cabinets
B. Floor Drains and Sumps
- C. Sump Pump & Pit
—4—
x
X
X
x
X
X
x
x
X
xx
X X X
X X X
X X X
X X
X K K
X xx
X x
X x X
X X X
X x x
X x x
30 Cpss
x xlxxl
XIX
CODE KEY:
C - Cleaning
M - Maintenance -Repair
R - Replacement
0 - Owner of Equipment
ITEM
NO. DESCRIPTION
Fee Owned Single Lease
LESSEE
BUILDING INTERIOR
J. Portable Gear Equipment
1. Hose Replacement & Head
K. Drain Oil Tank
1. Pump Out as Required
L. Jacks, Tools
H. Other Equipment
N. Motor Tune-up, Testers, Analyzers, Front
End Alignment Equipment
0. Waste Oil Receiver -- Portable
SIGNS -- BAY INTERIOR
The Cleaning, Maintenance -Repair and Replacement obli-
gations imposed upon y-eseo✓ and Lessee hereunder relate
only to such buildings, improvements, fixtures, equip-
ment and machinery listed herein which are located on
the Leased Premises as of the effective date of the
attached lease, and such buildings, improvements,
fixtures, equipment and machinery which are hereafter
placed thereon during the term of said lease. L-essor
does not represent that all of the buildings, im-
provements, fixtures, equipment and machinery listed in
this Attachment C are located on said Leased Premises
and the terms of Attachment C shall not require or
obligate Lasso✓ to build, construct or place upon
the Leased Premises any of the buildings, improve-
ments, fixtures, equipment and machinery listed
herein.
CHR CHI R
1/41 T
r
Op -S3
ATTACHMENT H
APPLICABLE SAFETY PROCEDURES
The laws and regulations concerning the handling of
hazardous materials addressed in the document include, but are
not limited to, the Federal Occupational Safety and Health
Administration (OSHA) Service Station Regulation 1910.106(g),
which specifically requires maintenance and reconciliation of
accurate daily physical and book inventory records of underground
storage of petroleum products to permit early detection of any
leak from underground tanks and/or piping installation as well as
the Federal Environmental Protection Agency (EPA) underground
storage tank regulations (40 C.F.R. Part 280-281 et sea). In
addition to the OSHA and EPA regulations, the following Daily
Recordkeeping and Inventory Control Program is adopted and
included as The Applicable Safety Procedures:
Operator (Manager) shall on a DAILY BASIS, do the following:
(1)
products
includes
posted;
Gauge the physical measurements of all petroleum
contained in Seller's underground storage. This
checking for any water accumulation with water finding
(2) Maintain adequate gasoline and
records which shall include, by the
reconciliation between sales, receipts and
diesel fuel inventory
type of product, a
inventory on hand;
(3) Compute for each stored product its volume gain or
loss; (Note: The mere recording of pump meter readings and
product delivery receipts does not constitute adequate inventory
records.)
(4) Keep underground storage fill and gauge boxes free of
ice, snow, water and parked vehicles prior to a transport
delivery;
(5) Insure that all underground storage caps and fittings
are securely replaced after removal;
(6) Call Seller's (Lessor's) office each business morning
at 7 a.m. and report each tank stick and inventory reading and
the volume of product sold from each tank (Note: Operator shall
keep all gasoline inventory records on the premises for a minimum
of twelve (12) months.); and
In addition, Operator (Manager) shall:
(1) Immediately notify the Seller (Lessor) if one-half
(1/2) inch or more of water is present in any underground storage
tank.
(2) IMMEDIATELY STOP SELLING PRODUCT TO THE PUBLIC if two
(2) inches or more of water is present or if he has any other
reason to suspect that 40 or more gallons of water are present in
any underground storage tank or that water may comprise 1% or
more of the product being dispensed. NO FURTHER PRODUCT
DELIVERIES WILL BE MADE BY THE SELLER UNTIL THE WATER IS REMOVED.
(3) Notify the Seller (Lessor) immediately in the event of
any abnormal product quantity difference (either plus or minus)
and confirm such notification in writing with full details within
three (3) days. NOTE, Abnormal product quantity differences,
for the purposes of this Program, are defined as any change in
the trend of normal daily product variation which is significant
and any daily volume difference of fifty (50) gallons or more.
(4) Permit Seller (Lessor) and any local, state or federal
enforcing authority, during normal business hours, to inspect
Operator (Manager) gasoline inventory records when Seller
(Lessor) desires to monitor compliance with the Program and/or
where there is cause to believe there my be an underground
storage leak and/or product contamination.
(5) Report immediately to the Seller's (Lessor's)
Maintenance Department all broken underground storage caps and
fittings.
(6) Inform the Seller (Lessor) in a timely manner of any
petroleum dispensing equipment failure.
In all situations were Seller (Lessor) provides a
maintenance service call for alleged water contamination and/or
product losses, the following procedure is to be employeds
(1) Operator (Manager) (or an authorized employee) has the
right to observe the petroleum dispensing and/or storage
equipment being checked by Seller's (Lessor's) maintenance
representative.
(2) Upon conclusion of the service call, Seller's
(Lessor's) maintenance representative will summarize findings and
action taken, if any, on a Maintenance Inspection Report which
will then be signed by the Operator (Manager) (or an authorized
employee).
(3) Operator (Manager) shall be considered in violation of
a substantive provision of this Agreement if he fails to comply
with any portion of this Program. Such violation is an adequate
reason for the termination of this Agreement.
VENTA INC.
303) 892-7171
February 12, 1990
Donald L. Veden
4614 Yellowstone Drive
Greeley, CO 80631
Dear Don:
As you know, we elected to replace only the damaged
store you have leased at 4821 Yellowstone Drive. I
preferred to have had the entire floor replaced.
I believe that the repair we approved is adequate in
if other tiles come loos, in the lsat year after the
continue to replace them.
Thankhyou,
Gary Wetzbarg
Oper ions Manager
GAW:bm
1055 AURARIA PKWY.. '1100
DENVER. COLORADO 80204
areas of floor tile at the
know that you would have
this situation. However,
repair Venta will
9( 0555
VENTA INC.
(303) 892-7171 1055 AURARIA PKWY.. "100
DENVER. COLORADO 80204
COMPLETE CONTRACT OF SALE
This Contract of Sale made and entered into between Venta.
Inc. , hereinafter called "Seller" and
Donald L. Veden , hereinafter called
"Purchaser".
WITNESSETH
In consideration of the mutual promises herein contained,
Seller agrees to sell and deliver to Purchaser, and' Purchaser
agrees to purchase, receive and pay for product(s) of the kind
and in the quantities and under the terms and conditions
specifically set forth in Commodity Schedule(s) annexed hereto
and made a part hereof.
1. Duration. This Contract shall become effective on the 1s1 -
day of M.+cL.. , 19 90 , and shall continue in effect
until the Z8*.6:- — day of .ebrt:.-: , 19212_.
2. Products. The following Commodity Schedule(s) forming a part
of this Contract were affixed at or before the signing hereof.
COMMODITY SCHEDULE(S)
#1 Commission Marketer
DATE
tia„L I, Lilo
By Mutual Agreement, this Contract may be amended from time
to time by adding other or additional schedules, substituting
revised schedules or by deleting one or more items or provisions
from any Commodity Schedule(s) listed hereinabove. Additional
and revised schedules shall be so marked and initialed by an
authorized representative of Seller and by Purchaser and shall be
affixed to and become a part of this Contract from and after the
date appearing on such additional or revised schedule(s).
Deletions shall be by notice given as provided herein and
effective when accepted.
3. Quantity. Seller agrees to sell to Purchaser and Purchaser
agrees to purchase from Seller the product(s) covered by this
Contract in the quantities shown on the applicable Commodity
Schedule(s). However, during any period of this Contract for
which the amount of any such product(s) that Seller is required
to deliver to Purchaser is prescribed by government rules,
regulations or orders, the quantity of such product(s) covered by
this Contract shall be the quantity so prescribed instead of the
quantity shown on the applicable Commodity Schedule(s). For
purposes of the Commodity Schedule(s), the "contract quantity"
for any period shall be the quantity of product(s) which Seller
is obligated to sell and Purchaser is obligated to buy under this
s..
Contract during that period whether prescribed by the attached
Commodity Schedule(s) or by government rules, regulations or
orders. It is specifically agreed and understood that any
purchase or sale in excess of the volumes described above shall
not in any way be considered to modify this Contract as regards
quantities to be delivered.
4. Price. The price of the product(s) covered by this Contract
shall be as stated in the applicable Commodity Schedule(s),
attached and made part of this Contract. Purchaser agrees to pay
cash (or at Seller's option, certified or cashier's check, money
order or other means approved by Seller) for all goods delivered
to Purchaser by Seller under the terms of this Contract except
deliveries for which credit has been previously arranged in
writing with Seller. Purchases made and not paid for on delivery
shall be payable at Seller's principal office unless otherwise
specified by Seller.
5. Control. Purchaser is an independent businessman with the
exclusive right to direct and control the business operation at
the above premises, including the establishment of the prices at
which products and merchandise are sold. Seller reserves n
control over the business at the above premises. Purchaser h
no authority to employ anyone as an employee or agent of Sell
for any purpose.
6. Credit. While nothing herein shall be construed as
obligating Seller to extend any credit to Purchaser, in the event
Seller in its sole determination does elect to extend credit to
Purchaser, such extension of credit shall only be made in
writing. If credit is so extended it shall be extended on the
following terms and conditions*
(a) In the event payment is not made on or before the date,
a late payment charge in an amount established by Seller from
time to time, not to exceed the maximum allowed by law, may be
imposed for each month (and any part thereof) which elapses from
due date to the date payment is received by Seller.
(b) Seller will furnish to Purchaser statements of
Purchaser's account on a monthly basis. Payment of any such
bills shall not prejudice the right of Purchaser to question the
correctness thereof; provided, however, all bills and statements
rendered to Purchaser by Seller during any month shall
conclusively be presumed to be true and correct after thirty (30)
days following the end of any such month, unless within said
thirty (30) -day period Purchaser delivers to Seller's accounting
office issuing said statement written exception thereto setting
forth the item or items questioned and the basis therefor. Time
is of the essence in complying with this provision.
(c) In the event there are additional business transactions
between Purchaser and Seller including without limitation those
relating to credit sales of products other than those identified
herein, promissory notes, or real estate, unless it is clearly
indicated in writing by Purchaser as to how payments received by
Seller from Purchaser are to be applied, then such payments shall
of tijT3<J
2
be applied by Seller in the following order or priority: (i)
trade accounts, (ii) promissory notes, (iii) rentals or other
amounts due under any other agreement or transactions.
(d) Seller reserves the right to withdraw such credit
immediately at any time on giving to Purchaser notice thereof.
In the event credit is withdrawn, all amounts then due and owing
shall become payable, and all future sales by seller to Purchaser
shall be for cash (or at Seller's option certified or cashier's
check, money order or other means approved by Seller).
(e) Seller shall have the right but not the obligation to
offset any indebtedness owed by Seller to Purchaser against any
indebtedness owed by Purchaser to Seller, whether arising from
the sale of goods or product(s) under this Contract, or from any
other business transaction described in Paragraph 7(c) above.
7. Credit Cards. Purchaser specifically acknowledges receipt of
a copy of Conoco 's Credit Card Guide and Agreement and
agrees to be bound by all of the terms and conditions thereof, as
amended from time to time, including but not limited to the
following: Seller agrees to purchase from Purchaser accounts
receivable evidenced by Credit Sales Tickets representing the
sale by Purchaser of those products and services specified in
Conoco 's Credit Card Guide and Agreement, as amended
from time to time, provided such sales are made in accordance
with the requirements set forth in said Credit Card Guide and
Agreement. Purchaser expressly agrees that Seller shall have the
right but not the obligation to apply the proceeds of assigned
accounts receivable towards payment of any indebtedness owed by
Purchaser to Seller, whether arising from the sale of goods or
product(s) under this Contract or from any other business
transaction described in Paragraph 7(c). Purchaser further
agrees that Credit Sales Tickets not evidencing deliveries of
product(s) or services authorized by said Credit Card Guide and
Agreement, or those which are not completed in accordance with
the requirements thereof, may be reassigned by Seller to
Purchaser. Purchaser also agrees that, upon such reassignment,
the value of such Credit Sales Tickets shall immediately become
due and owing to Seller and may be deducted from subsequent
checks for payment of assigned accounts receivable.
S. Delivery. Delivery of the product(s) covered by this
Contract and passage of title and risk of loss shall be as stated
in the applicable Commodity Schedule(s).
9. Taxes. It is agreed that any duty, tax, fee or other charge
which Seller may be required to collect or pay under any
municipal, state, federal or other laws now in effect or
hereafter enacted with respect to the production, manufacture,
inspection, transportation, storage, sale, delivery or use of the
product(s) covered by this Contract shall be added to the prices
to be paid by Purchaser for product(s) purchased hereunder.
3
10. Failure To Pei irm.
(a) Any delays in or failure of performance of either party
hereto shall not constitute default hereunder or give rise to any
claims for damages if and to the extent that such delay or
failure is caused by occurrences beyond the control of the party
affected, including, but not limited to, acts of God or the
public enemy; expropriation or confiscation of facilities;
compliance with any order or request of any governmental
authority; acts of war, rebellion or sabotage or damage resulting
therefrom; embargoes or other import or export restrictions;
fires, floods, explosions, accidents, or breakdowns; riots;
strikes or other concerted acts of workers, whether direct or
indirect; or any other causes whether or not of the same class or
kind as those specifically above named which are not within the
control of the party affected and which, by the exercise of
reasonable diligence, said party is unable to prevent or provide
against. A party whose performance is affected by any of the
causes set forth in the preceding sentence shall give prompt
written notice thereof to the other party.
(b) Seller shall be under no obligation to make deliveries
hereunder at any time when in Seller's sole judgement it has
reason to believe that the making of such delivery would be
likely to cause strikes to be called against it or cause its
properties to be picketed.
(c) Seller shall not be required to make up deliveries
omitted on account of any of the causes set forth in this
paragraph.
(d) Nothing in this paragraph shall excuse Purchaser from
making payment when due for deliveries made under the Contract.
11. Excess Quantities. In the event Seller should actually
deliver to Purchaser and Purchaser should actually accept and
receive during the term hereof quantities of product(s) in excess
of the maximum quantities herein provided, Purchaser agrees to
pay for said products(s) at the prices and in the method herein
provided. However, nothing in this paragraph shall be deemed to
authorize the purchase of quantities otherwise unauthorized under
monthly or annual quantity limitations.
12. Determination of Quantity and Quality. The quantity and
quality of product(s) sold hereunder shall be for all purposes
conclusively deemed to be the quantity and quality set forth in
Seller's document of delivery unless within seven (7) days of
the date of delivery Purchaser delivers to Seller written notice
of any claimed shortage in quantity or claimed deviation in
quality. Time is of the essence in complying with this
provision.
13. Trademarks. Purchaser is permitted to display Conoco 's
trademarks solely to designate the origin of said product(s) and
Purchaser agrees that petroleum products of others will not be
sold by Purchaser under any trade name, trademark, brand name,
label, insignia, symbol, or imprint owned by or used by
Conoco , which retains the right, subject to requirements of
4
9(.CEtSSS
law, to withdraw tht 1 from Purchaser at any t_ a notwithstanding
any request or demand by Seller to the contrary. It is further
expressly understood and agreed that should Seller lose the right
to grant the right to use the signs, brands, trade names or
trademarks of Conoco for reasons other than those due to
trademark abuse, violation of federal or state law or other fault
or negligence of Seller which such abuse, violations, or other
fault or negligence is related to action taken in bad faith by
Seller, then Seller shall have the right to substitute the
trademarks owned or controlled by a refiner other than
Conoco for the trademarks of Conoco In the event of
such substitution, all references to trademarks of Conoco in
this Contract shall be deemed to refer to the trademarks
substituted by Seller hereunder. In the event of such
substitution, Seller undertakes to arrange for and bear the cost,
if any, of the replacement of such signs, symbols, and similar
indicia which must be replaced as a consequence of such
substitution. Upon termination of this Contract or prior thereto
upon demand by Seller, Purchaser shall discontinue the posting,
mounting, display or other use of said names, marks, labels,
insignia, symbols, or imprints except only to the extent they
appear as labels or identification of products manufactured or
sold by Seller and are still in the containers or packages
designed or furnished by Seller. Purchaser is not a licensee of
Conoco 's trademarks and shall not mix, commingle, adulterate,
or otherwise change the composition of any of the product(s)
purchased hereunder and resold by Purchaser under said names,
marks, labels, insignia, symbols, or imprints. Seller is hereby
given the right to examine at any time, and from time to time,
the contents of Purchaser's tanks or containers in which said
product(s) purchased hereunder are stored and to take samples
therefrom, and if in the opinion of Seller any samples thus taken
are not said product(s) and in the condition in which delivered
by Seller to Purchaser then Seller may at its option cancel and
terminate this Contract. If there shall be posted, mounted, or
otherwise displayed on or in connection with the premises any
sign, poster, placard, plate, device or form of advertising
matter whether or not received from Seller, consisting in whole
or in part of the name of Conoco or any other trade name,
trademark, brand name, label, insignia, symbol or imprint owned
by Conoco or used by Seller in its business, Purchaser
agrees at all times to display same properly and to discontinue
the posting, mounting or display of same immediately upon
Purchaser's ceasing to sell Conoco 's branded motor fuels (or
other branded products of Seller) or in any event upon demand by
Seller. Purchaser further agrees to take no action which will
diminish or dilute the value of such trademarks or other
identifications owned or used by the Seller.
14. Customer Service and Complaints. While using any trademark
or other identification of Conoco , as set forth in the
preceding paragraph, Purchaser agrees: (a) to render
appropriate, prompt, efficient, courteous service at the premises
to Purchaser's customers for such product(s), to respond
expeditiously to all complaints of such customers, making fair
5
adjustment when appropriate, and otherwise conduct Purchaser's
business in a fair and ethical manner and maintain the premises'
facilities, all in a manner which will foster customer acceptance
of and desire for the product(s) sold by Seller to Purchaser; (b)
to provide sufficiently qualified and neatly dressed attendants,
uniformed as appropriate to render first-class service to
customers; (c) to keep the rest rooms clean, orderly, sanitary
and adequately furnished with rest room supplies; and (d) to
assist in maintaining a high level of customer acceptance of
Conoco _'s trademarks by keeping the premises open for
dispensing of product(s) associated with such trademarks during
such hours each day and days each week as specified by Seller in
Attachment "B" Motor Fuels Dispensing Hours of Operation.
15. Quality, Specification or Name of Product. Seller shall
have the right at its sole discretion at any time during the life
of this Contract to change, alter, amend or eliminate any of the
trade names, trademarks or brands of petroleum product(s) covered
by this Contract. Seller may also, in its discretion, either (a)
change or alter the quality, grade, or specifications of any
product(s) covered by this Contract or (b) discontinue the
availability of any such product(s). If any such change or
alteration materially affects the performance of the product(s)
or need of Purchaser therefor for the purposes intended by
Purchaser, Purchaser may terminate this Contract as to any
product(s) so affected on ten (10) days' prior written notice to
Seller; however, Purchaser may not terminate this Contract for
any change in quality or specifications of any said product(s)
resulting from compliance with governmental regulations. Seller
shall give Purchaser written notice of discontinuance of the
manufacture of any product(s) covered by this Contract. The
Contract shall terminate as to such product(s) when such notice
is effective. Both Seller and Conoco shall have the
right to enter the premises of the Purchaser or of any of
Purchaser's customers who have purchased product(s) sold to
Purchaser under this Contract and being offered for sale by such
customer under Conoco 's trademark during the normal
business hours for the purpose of obtaining a sample or samples
of any such product(s) by paying Purchaser or customer of
Purchaser the current retail price therefor. Purchaser will
include in its arrangements with its customers the right of
Seller to enter the premises of such customers for the sole
purpose stated in the preceding sentence of this Paragraph and
agrees to assist in the enforcement thereof.
16. Assignment. This Contract shall not be transferred or
assigned by Purchaser, in whole or in part, directly or
indirectly unless mandated by state law. Seller may assign this
Contract in whole or in part upon ten (10) days' prior written
notice to Purchaser.
17. Waiver. No waiver by either party of any breach of any of
the covenants or conditions herein contained to be performed by
the other party shall be construed as a waiver of any succeeding
breach of the same or any other covenant or condition.
6
9(.055;
18. Laws.
(a) Purchaser recognizes that it is handling hazardous
substances and agrees that in receiving, storing, handling,
offering for sale, selling, delivering for use, exchanging in
trade or using itself product(s) purchased from Seller, Purchaser
will in all respects exercise the strictest care required by law
and that it will comply with any and all of Seller's Applicable
Safety Procedures specified in Attachment "H" hereto as well as
all applicable federal, state and local laws, ordinances, as
exist now or hereinafter come into force, including, but not
limited to, those governing dispensing equipment, pollution, the
maximum sulfur content of fuel, the maximum lead content of motor
fuel and the labeling of pump stands and dispensers of motor
fuel, the use and labeling of product containers, the use,
maintenance and labeling of product storage tanks, the prevention
of spills, leaks, venting or other improper escape from product
containers or storage tanks, and the method of cleanup or
disposal of product which has leaked, spilled, vented or
otherwise improperly escaped from containers or storage tanks.
Purchaser understands and acknowledges that it is an "operator"
for purposes of 40 C.F.R. 280-81 and any other applicable
federal, state and/or local laws, regulations or ordinances
related to the prevention of pollution from storage tanks or the
taking of corrective action therefor. PURCHASER WILL INDEMNIFY
AND HOLD SELLER, ITS SUCCESSORS AND ASSIGNS, HARMLESS AGAINST ALL
LOSSES, CLAIMS, CAUSES OF ACTION, PENALTIES AND LIABILITIES
ARISING OUT OF PURCHASER'S FAILURE TO COMPLY WITH THE PRECEDING
SENTENCE, and such failure by Purchaser shall entitle Seller to
cancel any mutual contract immediately as it applies to the
product(s) affected by such failure or other products which
require the same standard of care.
(b) In the event that any spills, leaks, venting or other
unintended discharge from product containers, pumps, piping or
storage tanks ("facilities") requires corrective action for any
reason or cause, Seller is authorized to suspend immediately its
supply and other obligations under this and related contracts
until such time as all required corrective action is completed,
and Seller is further authorized to enter the property at any
time and remove all motor fuels from any or all storage tanks on
the premises and, in its sole discretion, remove storage tanks
and related facilities owned by Seller. Seller shall be under no
obligation to replace, repair or restore storage tanks removed
pursuant to this provision and such suspension of obligations
and/or removal of storage tanks shall not constitute default
hereunder or give rise to any claims for damages or other
compensation. When all required corrective action is completed,
Seller may demand a renegotiation of any term of this or related
agreements in any reasonable manner that compensates Seller for
its out of pocket expenses and additional necessary investments
occasioned by the discharge or restoration of the site.
(c) If at any time Seller determines that due to
governmental regulations, it is unable to increase the price of
any of the product(s) deliverable under this Contract by an
amount which is sufficient in Seller's judgement to reflect
7
increases in either (1) the cost of such product(s) to Seller or
Seller's supplier or (2) the fair market value of such
product(s), which have occurred since the date of this Contract
or the date of the last increase in the price of such product(s)
whichever is later, Seller may cancel this Contract upon thirty
(30) days' written notice to Purchaser, or may suspend this
Contract while such limitation is in effect.
(d) It is understood by and between the parties that they
are entering into this Contract in reliance on the laws, rules,
regulations, decrees, agreements, concessions and arrangements
with governments or governmental instrumentalities (hereinafter
called "Regulations") in effect on the date of this Contract. In
the event that, at any time or from time to time during the term
of this Contract, any of said Regulations are changed or new
Regulations become effective whether by law, decree or regulation
or by response to the insistence or request of any governmental
authority or person purporting to act therefor, and the effect of
such changed or new Regulations (1) is not covered by any other
provision of this Contract, and (2) in either party's judgment
reasonably exercised either (i) has a substantial adverse effect
upon such party (or in the case of Seller on Seller's suppliers),
or (ii) substantially increases the risk of performance by such
party under this Contract, such party shall have the option to
request renegotiation of the terms (including, without
limitation, price) of this Contract. Said option may be
exercised at any time after such changed or new Regulations are
promulgated, by written notice of desire to renegotiate. Such
notice must contain the new terms desired. If, after good faith
negotiation, the parties do not agree upon'new terms satisfactory
to both within sixty (60) days after such notice is given, either
party shall have the right to cancel this Contract by giving
thirty (30) days' written notice to the other party within a
reasonable time after the end of the said sixty (60) -day period.
(e) Notwithstanding any other provision of this Contract,
if any state or local law, rule, regulation, or order (1)
regulating the price at which a product(s) to be delivered
hereunder may be sold, or (2) limiting the discretion of Seller
to determine to whom they will sell such product(s) becomes
effective during the term of this Contract in any state in which
such product(s) is to be delivered hereunder, Seller shall have
the right to terminate this Contract immediately.
9C0555"
8
19. Notices. All written notices required or permitted to be
given by this Contract shall be deemed to be duly given if
delivered personally or sent by certified mail to Seller or to
Purchaser, as the case may be, at the address set forth above or
to such other address as may be furnished by either party to the
other in writing in accordance with the provisions of this
paragraph. The date of mailing shall be deemed the date of
giving such notice, except for notice of change of address, which
must be received to be effective.
20. Damage to Fixtures. If damage to or destruction of any
fixtures provided by Seller is caused by the negligent or willful
acts or omissions of the Purchaser, Purchaser will pay Seller the
cost of repair or replacement.
21. Termination.
(a) This Contract may be terminated:
(1) upon expiration of the term stated in Paragraph 1;
(ii) upon assignment of the Contract by Purchaser
contrary to Paragraph 18.
(b) This Contract may be terminated by Seller:
(i) if Purchaser makes any material false or misleading
statement or representation which induces Seller to enter into
this Contract, or which is relevant to the relationship between
the parties hereto;
(ii) if Purchaser becomes insolvent or commits an act of
bankruptcy or takes advantage of any law for the benefit of
debtors or Purchaser's creditors, or if a receiver is appointed
for Purchaser;
(iii) if possession of the business location(s) of the
Purchaser is interrupted by act of any government or agency
thereof;
(iv) if Purchaser fails to pay in a timely manner any
sums when due hereunder;
(v) if Purchaser defaults in any of its obligations
under this Contract;
(vi) if Purchaser is declared incompetent to manage his
property or affairs by any court, or if Purchaser is mentally or
physically disabled for three (3) months or more to the extent
that Purchaser is unable to provide for the continued proper
operation of the business of the Purchaser;
(vii) under the circumstances described in causes for
termination by Seller in Paragraph 20, Paragraph 29 or Paragraph
34;
(viii) if Purchaser dies;
(ix) if Purchaser engages in fraud or criminal misconduct
relevant to the operation of the business of the Purchaser;
(x) if Purchaser is convicted of a felony or of a
misdemeanor involving fraud, moral turpitude or commercial
dishonesty, whether or not the crime arose from the operation of
the business of the Purchaser;
9
(xi) if Purchaser fails to purchase the minimum monthly
gallonage requirements outlined in Paragraph 1 of the attached
Commodity Schedule(s); or
(xii) if there occurs any other circumstance under which
termination of a franchise is permitted under the provisions of
the Petroleum Marketing Practices Act (P.L. 95-297).
(c) Any termination of this Contract shall be
accompanied by such notice from Seller as may be required by law.
(d) Upon the expiration of the term hereof or upon
termination hereof, Seller shall have the right, at its option,
to enter upon the premises and to remove, paint out, or
obliterate any signs, symbols or colors on said premises or on
the buildings or equipment thereof which in Selle;'s opinion
would lead a patron to believe that Seller's products are being
offered for sale at the premises.
(e) Upon loss of Seller's right to grant the
Conoco trademark Seller may terminate this Contract
pursuant to the notice provisions of Paragraph 21. Seller will
not be liable for the consequences of such loss unless they
result from an act by Seller taken in bad faith for
the express purpose of causing the loss of Seller's right to
grant the right to use the trademark.
(f) Termination of this Contract by either party for
any reason shall not relieve the parties of any obligation
theretofore accrued under this Contract.
22. Loss of Right to Occupy. This Contract shall terminate
immediately upon the loss of Purchaser's right to occupy the
business premises.
23. Accord. The parties to this Contract have discussed the
provisions herein and find them fair and mutually satisfactory
and further agree that in all respects the provisions are
reasonable and of material significance to the relationship of
the parties hereunder, and that any breach of a provision by
either party hereto or a failure to carry out said provisions in
good faith shall conclusively be deemed to be substantial.
24. Purchaser's Insurance Requirements.
(a) Purchaser shall obtain insurance equivalent to the
following: Comprehensive General Liability Insurance covering
operations and premises, complete operations and products
liability and contractual liability, all with minimum bodily
injury limits of One Hundred Thousand Dollars ($100,000.00) each
person, Three Hundred Thousand Dollars ($300,000.00) each
occurrence, and a minimum property damage limit of Twenty -Five
Thousand Dollars (S25,000.00) each occurrence;
(b) The insurance will name Seller as an additional
insured and will be primary as to any other existing, valid and
collectible insurance. The foregoing are minimum insurance
requirements only and may or may not adequately meet the entire
insurance needs of Purchaser. If Seller requires, Purchaser
shall furnish Seller with certificates of such insurance which
provide that coverage will not be cancelled or materially changed
prior to 30 days' advance written notice to Seller. The
{ 5 c7 —
aD
�, '"u ,3
10
insurance required hereunder in no way limits or restricts
Purchaser's obligation under Paragraph 19 as to indemnification
of Seller. Further, the insurance to be carried shall be in no
way limited by any limitation placed upon the indemnity therein
given as a matter of law.
25. Compliance with Laws: Severability of Provisions. Both
parties expressly agree that it is the intention of neither party
to violate statutory or common law and that if any section,
sentence, paragraph, clause or combination of same is in
violation of any law, such sentences, paragraphs, clauses or
combination of same shall be inoperative and the remainder of
this Contract shall remain binding upon the parties hereto unless
in the judgement of either party hereto, the remaining portions
hereof are inadequate to properly define the rights and
obligations of the parties, in which event such party shall have
the right, upon making such determination, to thereafter
terminate this Contract upon written notice to the other.
26. Express Warrantiest Exclusion of Other Warranties. Seller
warrants that the product(s) supplied hereunder will conform to
the promises and affirmations of fact made in Seller's current
technical literature and printed advertisements, if any, related
specifically to such product(s); that it will convey good title
to the product(s) supplied hereunder, free of all liens, and that
the product(s) supplied hereunder meet such specifications as
have been expressly made a part of this Contract. THE FOREGOING
WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES,
WHETHER WRITTEN, ORAL OR IMPLIED. THE WARRANTY OF
MERCHANTABILITY, IN OTHER RESPECTS THAN EXPRESSLY SET FORTH
HEREIN, AND WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, IN OTHER
RESPECTS THAN EXPRESSLY SET FORTH HEREIN, ARE EXPRESSLY EXCLUDED
AND DISCLAIMED.
27. Entire Agreement. This writing is intended by the parties
to be a final, complete and exclusive statement of their
agreement about the matters covered herein. THERE ARE NO ORAL
UNDERSTANDINGS, REPRESENTATIONS OR WARRANTIES AFFECTING IT. No
amendment or alterations to this Contract shall have any effect
unless made in writing and signed by an authorized representative
of Seller and by Purchaser.
28. Damages. NO CLAIM SHALL BE MADE UNDER THIS CONTRACT FOR
SPECIAL, OR CONSEQUENTIAL DAMAGES, EXCEPT AS PROVIDED OTHERWISE
BY LAW.
29. Prior Agreements. This Contract cancels and supersedes any
prior agreements between the parties hereto, covering the
purchase and sale of product(s) covered by this Contract.
30. Commencement. This Contract or any modification thereof
shall not be binding upon Seller until signed on its behalf by an
authorized representative of Seller. Commencement of performance
hereunder prior to signing as above stipulated in no case shall
be construed as a waiver by Seller of this requirement.
31. Attorney's Fees. It is hereby agreed to and understood by
the parties to this Contract that if Seller obtains a judgment
against Purchaser for breach of any provisions hereof, Seller's
contract damages include all attorney's fees and other litigation
expenses incurred by Seller in obtaining such judgment.
Executed this the Q F1/4- day of rtIoruyrus , 19gQ.
SELLER: Yenta, Inc. •
1055 Auraria Parkway
Denv_0 802
BY:
TITLE:
PURCHSER: Donald L. Veden
4614 Yellowstone Drive
Greeley, CO 80634
BY:
TITLE:
9(1355 5
ATTACHMENT B
MOTOR FUELS DISPENSING HOURS OF OPERATION
It is agreed that the gasoline dispensing facilities shall
be open '� days per week year round (except where government
regulations forbid). Hours of operation on each day are as
followst
Open
Closed
Sun Mon Tue Wed Thu Fri Sat
`oal► '7:on A 1:oo/A. 1%eolk :oak 'LooA h:oe&
tossl0•. nnp to•.2ap Io:ooe (moo Io5oo'Y to;Qor
These are the minimum hours of operation and they do not
preclude the Purchaser (Lessee) from opening the facility at
other times. Holiday closings shall include C.I1vIs4. as
Should the facility be closed, vacant, or unattended for
seven (7) or more consecutive days through no fault of the Seller
(Lessor), the contract to which this schedule is attached may be
terminated at Seller's (Lessor's) sole discretion unless failure
is caused by construction activities on the premises or on the
streets immediately adjacent to the premises.
ATTACHMENT H
APPLICABLE SAFETY PROCEDURES
The laws and regulations concerning the handling of
hazardous materials addressed in the document include, but are
not limited to, the Federal Occupational Safety and Health
Administration (OSHA) Service Station Regulation 1910.106(g),
which specifically requires maintenance and reconciliation of
accurate daily physical and book inventory records of underground
storage of petroleum products to permit early detection of any
leak from underground tanks and/or piping installation as well as
the Federal Environmental Protection Agency (EPA) underground
storage tank regulations (40 C.F.R. Part 280-281 et sea). In
addition to the OSHA and EPA regulations, the following Daily
Recordkeeping and Inventory Control Program is adopted and
included as The Applicable Safety Procedures:
Operator (Manager) shall on a DAILY BASIS, do the following,
(1) Gauge the physical measurements of all petroleum
products contained in Seller's underground storage. This
includes checking for any water accumulation with water finding
posted;
(2) Maintain adequate gasoline and diesel fuel inventory
records which shall include, by the type of product, a
reconciliation between sales, receipts and inventory on hand;
(3) Compute for each stored product its volume gain or
loss; (Note: The mere recording of pump meter readings and
product delivery receipts does not constitute adequate inventory
records.)
(4) Keep underground storage fill and gauge boxes free of
ice, snow, water and parked vehicles prior to a transport
delivery;
(5) Insure that all underground storage caps and fittings
are securely replaced after removal;
(6) Call Seller's (Lessor's) office each business morning
at 7 a.m. and report each tank stick and inventory reading and
the volume of product sold from each tank (Note: Operator shall
keep all gasoline inventory records on the premises for a minimum
of twelve (12) months.); and
In addition, Operator (Manager) shall:
(1) Immediately notify the Seller (Lessor) if one-half
(1/2) inch or more of water is present in any underground storage
tank.
9C O?;tis
(2) IMMEDIATELY STOP SELLING PRODUCT TO THE PUBLIC if two
(2) inches or more of water is present or if he has any other
reason to suspect that 40 or more gallons of water are present in
any underground storage tank or that water may comprise 1% or
more of the product being dispensed. NO FURTHER PRODUCT
DELIVERIES WILL BE MADE BY THE SELLER UNTIL THE WATER IS REMOVED.
(3) Notify the Seller (Lessor) immediately in the event of
any abnormal product quantity difference (either plus or minus)
and confirm such notification in writing with full details within
three (3) days. NOTE, Abnormal product quantity differences,
for the purposes of this Program, are defined as any change in
the trend of normal daily product variation which is significant
and any daily volume difference of fifty (50) gallons or more.
(4) Permit Seller (Lessor) and any local, state or federal
enforcing authority, during normal business hours, to inspect
Operator (Manager) gasoline inventory records when Seller
(Lessor) desires to monitor compliance with the Program and/or
where there is cause to believe there my be an underground
storage leak and/or product contamination.
(5) Report immediately to the Seller's (Lessor's)
Maintenance Department all broken underground storage caps and
fittings.
(6) Inform the Seller (Lessor) in a timely manner of any
petroleum dispensing equipment failure.
In all situations were Seller (Lessor) provides a
maintenance service call for alleged water contamination and/or
product losses, the following procedure is to be employed,
(1) Operator (Manager) (or an authorized employee) has the
right to observe the petroleum dispensing and/or storage
equipment being checked by Seller's (Lessor's) maintenance
representative.
(2) Upon conclusion of the service call, Seller's
(Lessor's) maintenance representative will summarize findings and
action taken, if any, on a Maintenance Inspection Report which
will then be signed by the Operator (Manager) (or an authorized
employee).
(3) Operator (Manager) shall be considered in violation of
a substantive provision of this Agreement if he fails to comply
with any portion of this Program. Such violation is an adequate
reason for the termination of this Agreement.
SCC.5;51.
VENTA INC.
(303) 892-7171
COMMODITY SCHEDULE
PURCHASER Donald L. Veden
DELIVERY POINT Greeley, CO
1055 AURARIA PKWY., #100
DENVER. COLORADO 80204
NO. *1 Commission Marketer
DATE 11 i,.cL I , 191O
PRODUCT Gasoline
GRADE All Grades
This schedule is attached to and made a part of a .contract of
sale between Purchaser and Seller dated Mtn"... 1 , 1994_.
1. Quantity. Except as provided in the attached contract, the
quantity of Gasoline covered by this Contract
shall be a minimum of 720,000 gallons from
riz.a, to tq 9U to Fnbra.:.sr ae, 199.5 in
monthly minimum and maximum quantities hereinafter specified.
Monthly Quantity Monthly Quantity
(000 Gallons) (000 Gallons)
January 20 50 July 20 50
February 20 50 August 20 50
March 20 50 September 20 50
April 20 50 October 20 50
May 20 50 November 20 50
June 20 50 December 20 50
Annual Quantity 240 600
2. Title. Title to product shall pass to Purchaser when it
passes through the meter at the time of sale.
3. Risk _It Loss. Risk of loss of product shall pass to
Purchaser when it passes through the meter at the time of sale.
4. Purchaser's Duties:
Purchaser shall operate Seller's gasoline dispensing
equipment located at 4821 Yellowstone Drive Greeley. CO , and
shall promote the sales of products therefrom. Seller's gasoline
dispensing equipment shall be used solely for Seller's products,
and all products furnished by supplier shall be sold by Purchaser
at prices from time to time established by seller. Purchaser
shall provide, at its expense, all services and materials (except
those herein specifically agreed to be provided by Seller)
required in connection with its operation and promotion
of the products sold, hereunder, including but not li ite)€o4JJ ')
the following: All labor necessary for the operation of said
equipment as well as the maintenance required under Attachment C
and for cleaning the equipment and premises leased by Purchaser,
including the removal of snow and debris from such premises and
of the products sold, hereunder, including but not limited to,
the following: All labor necessary for the operation of said
equipment as well as the maintenance required under Attachment C
and for cleaning the equipment and premises leased by Purchaser,
including the removal of snow and debris from such premises and
all utilities. It is agreed that Purchaser is an independent
contractor with full power and authority, except as specifically
provided performing the work to be performed under this
Agreement, Seller being interested only in the results obtained.
In no event shall the relationship between Purchaser and Seller
be deemed that of partners or joint venturers. Purchaser shall
determine the number and selection of employees required for
Purchaser's operation hereunder, and the hours of labor and the
compensation for services to be paid to any and all such
employees. Such employees shall be employees of Purchaser.
5. Seller's Duties,
Seller shall at its expense, furnish the following services,
materials, and equipment required for Purchaser's operations
hereunder: (i) gasoline dispensing equipment, (ii) gasoline and
other products, (iii) report forms, (iv) labor and materials
necessary for the maintenance of said gasoline dispensing
equipment as outlined in Attachment C, the cause of such
maintenance is the negligence or willful misconduct of Purchaser
or its agents or employees, in which latter event the expense of
such maintenance shall be borne by Purchaser. Title to all
products supplied by Seller shall remain in the supplier until
sold by Purchaser. However, Purchaser shall be required to
account to Seller for all inventories of products supplied to
Purchaser. Purchaser or its employees shall take tank stick
readings in the presence of transport operator and record on the
delivery ticket the tank stick readings before and after each
delivery of gasoline to Purchaser hereunder.
6. Purchaser's Compensation,
As compensation for its work and services performed
hereunder, Purchaser shall be paid an amount equal to two and one
half cents per gallon.
7. Remittances,
All sums collected by Purchaser for any products sold
hereunder, (less any commission due Purchaser pursuant to the
terms hereunder) shall be immediately become and remain the sole
and exclusive property of Seller, and, until such sums are
remitted to Seller by Purchaser, the possession and control
hereof by Purchaser shall be that of a trustee for the use and
benefit of Seller, and not otherwise. On Honday, Wednesday, and
9f. C53.3
Friday of each week during the term of this Agreement, Purchaser
shall to a Seller maintained bank account all sums theretofore
collected by Purchaser for products sold hereunder. Seller will,
prior to the twentieth (20th) of each month following, remit to
Purchaser his compensation check as outlined in Paragraph 6
above. Purchaser shall transmit a daily written report to
Seller, on forms furnished by Seller, reflecting the total amount
collected by Purchaser for all products sold hereunder during the
immediately preceding daily accounting cut-off period established
by Purchaser for such propose. In the event any such remittance
is not made to Seller by the aforesaid deposit of collections on
the date required therefore, Seller shall be entitled Zo receive
from Purchaser an additional amount equal to interest accrued on
the amount of the delinquency until paid, plus reimbursement for
all attorney's fees incurred by Seller in collecting any such
delinquent remittance. Purchaser shall be absolutely and
unconditionally liable for the loss of any funds of Seller which
are held by Purchaser.
8. Indemnity:
Purchaser agrees to protect, indemnify and hold Seller free
and harmless from and against any and all claims, liens, demands,
liabilities and causes of action of every kind and character,
including the amount of judgments, penalties, interest, court
costs and legal fees incurred by Seller in the defense of same,
arising in favor of governmental agencies or third parties
(including agents and employees of Purchaser or subcontractors)
on account of taxes, claims, liens, debts, personal injuries,
death, or damages to property and without limitation by
enumeration, all other claims or demand so every character
occurring or in anywise incident to, in connection with or
arising out of the work to be performed by Purchaser hereunder.
9. Audit:
Upon termination of the contract of sale, an audit and
inventory will be completed at the property and the original copy
of such audit and inventory will be forwarded to Seller where
this audit will be extended and Purchaser's account totaled.
Upon final determination of the balance in Purchaser's account,
Seller shall pay any credit balance due to Purchaser. In the
event that the final balance shows that Purchaser is indebted to
Seller, Seller shall have the right to deduct such balance from
any other account then owed by Seller to Purchaser. If, after
making all proper deductions, there is a balance owing to Seller,
Purchaser will immediately pay said balance in full to Seller
upon demand.
In addition, Seller may at any time, at its expense conduct
any appropriate inventory and/or audit.
Wi t... N.Y Lit.)
10. Access and Reports:
Seller shall have access to the properties covered hereby at
all time, to inspect the same, observe operations thereon and
make inventories, and shall have access at reasonable times to
all information pertaining to the operation thereof, including
but not limited by Purchaser's books and records relating
thereto. Purchaser shall furnish Seller with such operating and
inventory reports as Seller, together with all other information
reasonably requests concerning operations hereunder which is
available to the Purchaser.
11. This Agreement shall be subject to all valid applicable State
and Federal laws, local ordinances and orders, directives, rules,
and regulations of any governmental body or official having
jurisdiction. Neither this Agreement nor nay right' or claim
arising out of or in connection with this Agreement shall be
assignable by Purchaser or by operation of law without the prior
written consent of Seller.
PURCHASER: Donald L. Veden
By: 4grief' x-i/
9€. .551.;5
4
YENTA, INC. LEASE
THIS Lease, made as of the lib day of January . 1990. by and
between ARNOLD LEASING ASSOCIATES, AMO PARTNERS, 88TH AND PECOS GROUP, NORTH
LONGMONT GROUP, 14TH AND TAFT GROUP, NORTH LOVEI.AND GROUP, GOLDEN FOODS, AND
PIERCE GROUP herein referred to as "Landlord"; and Venta, InC, a corporation
organized under the laws of the State of Colorado, having ,:s principal office at
1055 Auraria Parkway, Suite 100, Denver, Colorado 80204 herein referred to as
"Tenant', hereby agree that Tenant shall Lease from Landlord the following real
property which is located in Graaley Cnlnradn as depicted on
Exhibit "1", attached herein referred to as the "Premises".
1. INITIAL TERM OF LEASE.
1.1. The initial term of this Lease shall be ZO years, and
commence on Jr,r.w.-. 11., 1990 until 'T,.wuerzs 1641ow.
2. RENT.
2.1. Tenant shall pay to Landlord during the term of this Lease, in
such coin or currency of the United States of America as at the time of payment
shall be legal tender for the payment of public and private debts, without any
setoff or deduction the following monthly rentals (hereinafter called "Monthly
Rentals"):
2.1.1. For the period of I,- 16- 1990 through 1- 16 -19(45
the Monthly Rental shall be $Sp .
2.1.2. For the period of I- I(.- MIS through I - i6- 2000
the Monthly Rental shall be $! .
2.1.3. For the period of I -IL.- 2.0OC through
the Monthly Rental shall be $21IIIIIIIk.
2.1.4. For the period of I- 11. - 2005 through 1- 16-2010
the Monthly Rental shall be $�C•
2.2. Said Monthly Rentals shall be due and payable on the first day of
the month for each and every month during the term hereof, with the first Monthly
Rental due 1 -IL -I110. Monthly Rentals shall be paid by Tenant to such party or
parties at such address or addresses as Landlord may from time to time direct in
writing.
3. OPTION TO IDCTEND TERM.
3.1. Tenant is hereby granted the option to extend this Lease for
"Thraa (3) additional terms of C5) Prue_ years each upon the same terms and
conditions contained in this Lease by giving the Landlord written notice of its
exercise of such option at least ninety (90) days before the expiration of the
initial or any renewal term. If such option shall be exercised, the rent for any
extended or renewal period shall be as follows:
3,1.1. For the first renewal term, I -III - 2010 through
I- 15 2.0%5 , the Monthly Rental shall be $ .
3,.1.2. For the second renewal term, through
I- _ a020 , the Monthly Rental shall be $gyp, ;
3,1.3. For the third renewal term, I -IL- a o aO through
I- I E -020a5 , the Monthly Rental shall be $ .
4. IMPROVEMENTS AND REMOVAL OF PROPERTY.
4.1. Upon termination of this Lease pursuant to Paragraph 11 herein or
upon expiration of the Lease Term, any improvements made by Tenant to the land or
to any buildings or improvements located thereon become the property of the
Landlord.
5. TAXES AND CHARGES.
5.1. Tenant covenants and agrees to pay and discharge before
delinquency all real property taxes on the land. Tenant covenants and agrees to
pay and discharge on a timely basis but before the expiration of this Lease, any
other taxes, including any ad valorem taxes, taxes on rents, assessments, levies,
charges, costs, expenses, or liens which during the term of this Lease may rise
in respect of the occupancy, use or possession of said Premises to the end that
the rents hereinbefore reserved shall be received by Landlord unabated by any of
the foregoing or any charges of like kind or nature.
5.2. Tenant shall not, by reason of the foregoing provision, be
required to pay any of Landlord's corporation franchise taxes or fees,
inheritance or succession taxes, income or profits taxes, or any other property
or other taxes, or any other charge or assessment which may be levied or assessed
against the Premises on account of any real property of Landlord or its succes-
sors in interest other than the demised Premises even though these may be
attached to these Premises. Landlord agrees to execute such directions to the
taxing authorities as may be necessary to have all statements and notices
relating to the payment of taxes payable by Tenant to be mailed directly by the
taxing authority to Tenant. In the event any statements or notices should be
received by Landlord, Landlord shall forthwith deliver the same to Tenant.
5.3. Tenant shall have the right to contest payments which shall be
payable either by Tenant or by Landlord pursuant to Paragraphs 5.1 and 5.2 if
Tenant in good faith deems the same to have been illegally or improperly levied,
assessed, or charged against the Premises, and for that purpose shall have the
right to institute such proceedings or proceedings in the name of Landlord as
Tenant maj deem necessary, provided, however, that the expenses, incurred by
reason thereof shall be paid by Tenant. Landlord shall cooperate fully with
Tenant in any such proceeding, and may participate in any such contest.
5.4. The parties agree that before sale of the Premises for taxes or
other charges, they shall jointly or separately take such steps as may be
necessary to prevent the collection of said taxes out of the Premises. Nothing
`?GO 5a,
herein contained shall be construed to release or relieve either party from their
respective obligations to pay such taxes or other charges prior to any sale of
the Premises for nonpayment.
5.5. In the event either party hereto shall fail to perform the
covenants and agreements set forth in this paragraph, the other party may, at its
option, make any payment on behalf of the party failing to make the payment and
the defaulting party agrees to repay to the other party, upon demand, the full
amount so paid and expended by the other party, together with interest at the
rate of 122 per annum.
6. POSSESSION AND USE.
6.1. Tenant, by execution of this Lease represents that it has
physically inspected the Premises and is leasing them "As Is" and shall be
responsible for all maintenance and improvement thereof for any reason during the
term of this Lease. Tenant may possess and use the Premises for any lawful
purpose whatsoever. Tenant agrees that all of its operations on the Premises
shall be conducted in accordance with all applicable laws, ordinances, decisions,
and governmental rules and regulations.
7. LIABILITY FOR USE OF PREMISES.
7.1. Tenant covenants and agrees that Landlord shall be free from
liability and claims for damages by reason of any injury to any person, including
Tenant, or damage to property arising from or in any way connected with the use,
occupancy or maintenance of any improvement during the term of this Lease or any
extension thereof. Tenant hereby covenants and agrees to indemnify and save
harmless Landlord from all liability, loss, costs and obligations on account or
arising out of any such injuries or losses, however occurring, including any
court costs or reasonable attorney's fees incurred in connection with defending a
suit or otherwise appearing in such action or in enforcing this Paragraph of this
Lease. Landlord agrees that Tenant shall have the right to contest the validity
of any and all such claims and defend, settle and compromise any and all such
claims of any kind or character and by whomsoever claimed, in the name of
Landlord, as Tenant may deem necessary, provided, that the expenses thereof shall
be paid by Tenant.
8. LIABILITY FOR DAMAGE OR DESTRUCTION.
8.1. Except as may be otherwise provided herein, Tenant shall bear all
risks of any loss, damage, or destruction to any buildings or improvements on the
Premises, and shall indemnify and hold Landlord harmless for any such loss,
damage, or destruction.
8.2. In the event that the Premises, or any part thereof, shall be
taken for any public or quasi -public use under any statute, or by right of
eminent domain, or by private purchase by any public authority in lieu of the
exercise of the right of eminent domain (any such matters being hereafter
referred to as a •taking"), Landlord, Tenant and any person or entity having any
interest in the award or awards shall have the right to participate in any such
;(V 556
{
condemnation proceedings for the purpose of protecting their interests hereunder.
Each party so participating shall pay its ovn expenses therein.
8.3. If the whole of the Premises shall be so taken or if any part of
the Premises is so taken and the part not so taken is insufficient for the
reasonable operation of Tenant's business, in Tenant's sole and reasonable
judgment. then, in either of such events, this Lease and the term hereby granted
shall cease and expire on the date when possession shall be taken thereunder of
the Premises or part thereof, and all rents, taxes, and other charges shall be
prorated and paid to such date.
8.4. In the event that only a par
part not so taken shall be sufficient for
business, in Tenant's sole and reasonable
full force and effect, subject to the provis
8.5.
land and for
plottage value
allocable to
Landlord.
In any taking, Landlord shal
consequential damages to
of land not taken, and shall
the value of improvements
8.6. In any taking, Tenant shall
personal property and trade fixtures as may
condemnation. In addition, any part of the
Leasehold improvements made by Tenant, or
belong to Tenant.
t of the Premises is so taken and the
the reasonable operation of Tenant's
judgment this Lease shall remain in
ions of Paragraphs 8.2'and 8.3.
1 be entitled to the award for the
and diminution of the assemblage or
be entitled to that part of the award
and personal property belonging to
be entitled to the award for such
belong to Tenant and may be taken in
award allocable to the value of
allocable to loss of business, shall
8.7. In the event that only a part of the Premises is taken and the
part not taken is sufficient for the reasonable operation of Tenant's business,
in the sole and reasonable judgment of Tenant, Tenant shall, as soon as
practicable after such taking, restore, relocate, or reconstruct that part of the
improvements not so taken to as near its former condition as to circumstances
will permit.
9. LANDLORD'S ACCESS TO PREMISES.
9.1. Landlord, or Landlord's agent or nominee, shall at all reasonable
times have access to the Premises for the purpose of examining or inspecting the
condition thereof to exhibit the Premises to prospective purchasers, to determine
if the Tenant is performing the covenants and agreements of this Lease, and to
post such reasonable notices as Landlord may desire to protect the rights of
Landlord.
10. REPAIRS.
10.1. Tenant, at its sole cost and expense, shall at its sole expense
including payment for all costs incurred of any kind whatsoever for maintenance,
replacement, repair, and additional improvements at the premises, maintain and
keep the Premises in good condition and repair, subject to the terms of this
Lease.
11. EVENTS OF DEFAULT BY TENANT AND REMEDIES OF LANDLORD.
11.1. If any one of the following events (hereinafter called "Events of
Default") shall occur:
11.1.1. Tenant shall neglect or fail to pay any installment of
the rent herein reserved at the time and in the manner herein provided;
11.1.2. Tenant -shall file a voluntary petition in bankruptcy or
shall be adjudicated a bankrupt or insolvent, or shall file any petition or
answer seeking any reorganization, arrangement, composition, readjustment,
liquidation, dissolution, or similar relief under the present or any future
federal bankruptcy act or any other present or future applicable federal, state
or other statute or law, or shall seek or consent to or acquiesce in the
appointment of any trustee, receiver, or liquidator of Tenant or of all or any
substantial part of its properties or of the Premises; or,
11.1.3. Any execution or attachment shall be issued against
Tenant or any of Tenant's property as a consequence of which this Lease or the
Premises or any part thereof shall be taken or occupied by someone other than
Tenant;
11.1.4. Tenant shall violate any other material term or condition
of this Lease.
11.1.5. Upon the occurrence of any Event of Default listed in
Paragraphs 11.1.1, 11.1.2, 11.1.3, or 11.1.4 above, Landlord shall give Tenant
thirty (30) days written notice of intention to terminate this Lease, which
notice shall fully describe the Event of Default on which said notice is based,
and if at such time Tenant has obtained financing from a third party lender, such
third party lender shall, without objection from Landlord immediately assume this
Lease in its entirety and cure all defaults of Tenant prior to the expiration of
said thirty (30) days, and thereupon at the expiration of said thirty (30) days,
unless the event of default shall have been previously remedied or the Tenant
shall have previously commenced and continues taking action for the purpose of
remedying or obviating such event of default and shall thereafter in good faith
prosecute such action to completion, or if said third party lender fails to
exercise its rights to assume this Lease in its entirety and cure all defaults of
Tenant, Landlord may then either (1) terminate this Lease, or (2) re-enter the
Premises by summary proceedings or otherwise, remove all persons and property
from the Premises without liability to any person for damages sustained by reason
of such removal, and re -let the Premises at such rental and upon such other terms
and conditions as Landlord in its sole discretion may deem advisable. In such
event Tenant shall remain liable for the monthly rent reserved in this Lease,
plus the reasonable cost of obtaining possession of and re -letting the premises
and of any repairs and alterations necessary to prepare them for re -letting, less
the rents received from such re -letting, if any. Any and all deficiencies so
payable by Tenant shall be paid on the first of each and every month. No such
re-entry or taking possession of the Premises by Landlord shall be construed as
an election on its part to terminate this Lease unless a written notice of such
intention be given to Tenant or unless the termination thereof be decree by a
court of competent jurisdiction. Notwithstanding any such re -letting without
9C055,5
termination, Landlord may at any time thereafter elect to terminate this Lease
for such previous breach. Should Landlord at any time terminate this Lease for
any breach in addition to any other remedies it may have, it may recover from
Tenant all damages it may incur by reason of such breach, including the cost of
recovering the Premises. All remedies herein conferred upon Landlord shall be
cumulative and no one exclusive of any other remedy conferred herein or by law.
If Tenant is in default, Landlord may prevent removal of property from the
Premises by any lawful means it deems necessary to protect its interests.
12. QUIET ENJOYHENT.
.2.1. Landlord represents and warrants that (a) Landlord is the owner
of the Premises in fee simple and has the right to make this Lease; (b) Tenant,
on paying the rent herein reserved and upon performing all of the terms and
conditions of the Lease on its part to be performed, shall at all times during
the term herein demised, peacefully, exclusively and quietly have, hold and enjoy
the Premises; (c) the Premises are free from all liens and encumbrances.
13. ASSIGNHENT BY TENANT.
13.1. Tenant shall have the right upon written notice to and with
written consent of the Landlord, such consent not to be unreasonably withheld, to
assign this Lease at any time during the term of this Lease or any extension or
renewal thereof upon compliance with the following conditions:
13.1.1. The Assignee shall take subject to the provisions of this
Lease and shall agree in writing in recordable form, to be bound by all terms,
covenants and conditions of this Lease.
13.1.2. No assignment shall release Tenant or any successor from
any obligation hereunder, except as such release shall have been given by
Landlord in writing, and the Landlord may, without first having sought
performance of any such obligation by any Assignee require the performance
thereof by the Tenant or any successor; and,
13.1.3. In the event any Assignee causes an Event of Default as
defined in Paragraph 11 and if Tenant has obtained financing from a third party
lender, said third party lender shall have the right without objection from
Landlord, to immediately assume this Lease in its entirety and cure all defaults
of Tenant or any Assignee. However, if not cured in thirty (30) days, Landlord
may terminate this Lease to Tenant and any Assignee and proceed either jointly or
severally against Tenant or any Assignee as it may deem appropriately, unless
Tenant has been given a release by Landlord in writing, prepared in recordable
form.
14. SUBLETTING BY TENANT.
14.1. Upon written notice to and with written consent of the Landlord,
such consent not to be unreasonably withheld, Tenant shall have the right to
sublet all or part of the Premises hereby Leased at any time during the term of
this Lease or any extension or renewal thereof upon compliance with the following
conditions:
9C057--
14.1.1. Each Subtenant shall take subject to the provisions of
this Lease and shall agree in writing in recordable form to be bound by all
terms, covenants and conditions of this Lease;
14.1.2. No Sublease shall release Tenant or any successor from
any obligation hereunder, except as such release shall have been given by
Landlord in writing, and the Landlord may, without first haviaa sought
performance of any such obligation by any Subtenant require the performance
thereof by the Tenant or any successor; and,
14.1.3. In the event any Subtenant causes an Event of Default as
defined in Paragraph 11, Landlord may immediately terminate this Lease to Tenant
and any Subtenant and proceed either jointly or severally against Tenant or any
Subtenant as it may deem appropriate, unless Tenant has been given a release by
Landlord in writing prepared in recordable form.
15. ASSIGNMENT BY LANDLORD.
15.1. Landlord shall have the right without consent of Tenant, to
assign this Lease at any time during the term of this Lease or any extensions or
renewal thereof, subject however, to Landlord's providing written notice,
providing copies of relevant instruments, and obtaining written recordable
acceptance of this Lease from assignee.
16. EXPENSES, EXCLUSIVE EFFECT, AND WAIVER ON BREACH.
16.1. It is further covenanted and agreed by and between the parties
hereto that the breaching party shall pay and discharge all costs, attorney's
fees, and expenses that shall arise from enforcing the covenants of this Lease by
Landlord or Tenant, or by their respective heirs, executors, administrators,
successors or assigns. No breach by either party hereto under the provisions of
this Lease shall affect any other agreement between the parties, except as
specifically provided herein or in such other agreements. No waiver by either
party of its rights to enforce any provision hereof, after any breach on the part
of either party, shall be deemed a waiver of its right to enforce each and all of
the provisions hereof upon any further or other breach on the part of either
party.
17. ARBITRATION.
17.1. Any and all matters of controversy, dispute or disagreement of
any kind or character existing between the parties and arising out of or in any
way involving the interpretation or application of the terms of this Lease which
the parties are unable to resolve themselves shall be subjected to arbitration at
the request of either party through the American Arbitration Association in
accordance with its then existing rules for commercial arbitration. The
arbitrator shall be empowered to hear and determine the matter in question and
his determination shall be final and binding upon the parties. Cost of the
arbitration shall be shared equally except that preparation and representation
costs shall be assumed by each party.
18. 'UNLAWFUL PROVISIONS.
18.1. Any provision of this Lease in violation of any law or ordinance
shall not invalidate this Lease, and any unlawful provision shall be deemed
separate and part form all other provision herein and stricken from this Lease.
The parties shall attempt to prepare a mutually acceptable substitute provision
for any provision stricken from this Lease due to illegality, and shall
subsequently incorporate the substituted provision by a written modification to
this Lease. All remaining terms and provisions shall remain in full force and
effect as thought he stricken provisions has never appeared in this Lease. Each
provision of this Lease shall be valid and enforced to the fullest extent
permitted by law. Neither party shall be required to indemnify the other for
any damages or losses resulting from a determination that a Lease provision is
unlawful.
19. NOTICES.
19.1. All notices required or which may be given hereunder shall be
considered as property given if delivered in writing personally or by certified
United States mail, postage prepaid with return receipt requested, to the parties
at the following addresses:
Landlord: Sac emirs craPA.
Tenant: Venta, Inc.
1055 Auraria Parkway, #100
Denver, Colorado 80204
20. RECORDATION OF LEASE.
20.1. The parties agree that if either party desires that this Lease be
placed on public record, that a memorandum of this Lease rather than the Lease
itself shall be recorded. It is further agreed, however, that the full Lease
shall be recorded in the event that any title company insuring title for Landlord
or Tenant shall require such recording.
21. SUCCESSORS.
21.1. This agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns. All covenants herein shall be deemed to
touch and concern the land and to run with the land and be binding upon every
owner and occupier thereof.
22. GOVERNING LAW.
22.1. All questions respecting this Lease, its validity and
interpretation of its terms shall be governed by the laws of the state where the
Premises are located.
23. SERVICES AND UTILITIES.
23.1. Tenant shall provide and pay for all services and electricity,
water, heat, sewage, refrigerated air conditioning, window cleaning and building
maintenance service and all other services and utilities used in, upon or about
the Premises by Tenant or any of its sub -tenants, licensees or concessionaires
d'tring the term of this Lease. Landlord shall not be liable for the stoppage or
interruption of any said services or utilities.
24. HOLDING OVER.
24.1. Any holding over after the expiration of the term of this Lease,
with the consent of Landlord, shall be construed to be a tenancy from month -to -
month, cancellable upon thirty (30) days written notice, and at a rental and upon
terms and conditions as existed during the last year of the term thereof.
25. CONSTRUCTION OF LEASE.
25.1. The language in all parts of this Lease shall in all cases be
construed as a whole according to its fair meaning and not strictly for or
against either Landlord or Tenant. Paragraph headings in this Lease are for
convenience only and are not to be construed as a part of this Lease or in any
way defining, limiting or amplifying the provisions hereof. Time is of the
essence of this Lease and of every term, covenant and condition hereof. The
words "Landlord" and "Tenant", as used herein, shall include the plural as well
as the singular. The neuter gender includes the masculine and feminine. In the
event there is more than one Tenant or Landlord, the obligations to be performed
shall be joint and several.
26. SUBORDINATION.
26.1. Landlord expressly reserves the right at any time to place liens
and encumbrances on and against the unimproved land, superior in lien and effect
to this Lease and the estate created hereby. This Lease, at the option of
Landlord, is and shall be subject, subordinate, and inferior to the lien and
estates of any liens and hereafter imposed by Landlord upon the unimproved land.
Tenant agrees to execute and deliver upon demand any instrument or instruments
subordinating this Lease to any such liens or encumbrances as shall be desired by
Landlord. Notwithstanding the foregoing, Landlord shall not cause this Lease to
be terminated by any such subordination and Landlord shall obtain from any future
lender a so-called "non -disturbance agreement" insuring that upon any foreclosure
of Landlord's interest, Tenant would not be dispossessed providing Tenant was not
in default under this Lease. Tenant is also hereby granted the right to make any
payment to a mortgage or other lien holder of the unimproved land for the benefit
of Landlord and shall be given notice of such payment when due and deduct the
same from the next rental payment due Landlord.
27. ABANDONMENT.
27.1. Tenant shall not vacate or abandon the Premises at any time
during the term of this Lease; and, if Tenant shall vacate, abandon or surrender
9€0556
the term of this Lease; and, if Tenant shall vacate, abandon or surrender the
Premises or be dispossessed by process of law or otherwise, any personal property
left on the Premises shall be deemed to be abandoned at the option of Landlord.
The parties agree that any temporary suspension of business arising out of or
resulting from an effort to comply with any statute, rule, regulation, or order
of any court or government agency shall not constitute abandonment.
28. Tenant LIENS.
28.1. Tenant shall keep the Premises and the improvements thereon free
and clear of all liens arising out of or claimed by reason of any work performed,
material furnished or obligations incurred by or at the instance of Tenant, and
shall indemnify and save Landlord and the Premises harmless of all such liens or
claims of liens and all attorney's fees and other costs and expense incurred by
reason thereof. In the event any such lien attaches to the Premises or the
property located thereon, Landlord may deem that to be an event of default and
terminate the Lease within thirty (30) days after notifying the Tenant of the
same if Tenant has not caused the same to be removed before the end of said
thirty (30) day period, or a third party lender has not assumed the Lease,
provided however, that Tenant, at its sole cost and expense, shall have the right
to contest the validity of any claim or lien in good faith so long as such lien
or claim does not constitute a default by Tenant under any mortgage, or deed of
trust. Upon a final determination of the validity of such lien or claim, Tenant
shall immediately pay any judgment rendered against it with all proper costs and
charges, and shall have such lien released without cost to Landlord.
28.2. If Tenant has not removed the lien or claim within the time
permitted in Paragraph 28.1, Landlord, at his option, may pay the amount of such
lien or claim or discharge the same by deposit, and the amount so paid or
deposited, with interest thereon computed at 2% above the then existing prime
rate of interest at United Bank of Denver or its successor in Denver, Colorado,
shall be deemed additional rent reserved under this Lease, and shall be payable
immediately, and with the same remedies to Landlord as in the case of default in
the payment of rent as herein provided.
29. FORCE MAJEURE.
29.1. If either party hereto shall be delayed or prevented from the
performance of any act required hereunder by reason of acts of God, strikes,
lock -outs, labor troubles, inability to procure materials, restrictive
governmental laws or regulations or other causes without fault and beyond the
control of the party obligated (financial inability expected), performance of
such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the
period of such delay; provided, however, nothing in this section contained shall
excuse Tenant from the prompt payment of any rental or other charge required of
Tenant hereunder, except as may be expressly provided elsewhere in this Lease.
30. INSURANCE.
30.1. Tenant shall provide a policy of liability insurance with respect
to loss or damage to the Premises by fire or by any other casualty or cause; and
-10-
Tenant shall also maintain liability insurance against claims for bodily injury
or death occurring on, in or about the Premises, sidewalks or streets, property
or passageways adjoining the Premises, affording protection with respect to
bodily injury or death of at least One Million Dollars ($1,000,000.00) for any
one person and at least One Million Dollars ($1,000,000.00) for any one acciden:
and Seventy -Five Thousand Dollars ($75,000.00) for damage to property.
30.2. All insurance provided for shall be effective at the Tenant's
expense under valid and enforceable policies issued by insurers of recognized
responsibility reasonable acceptable to the Landlord. Such policies shall insure
the Landlord and the Tenant as their interests may appear and shall also have
loss payable clauses in favor of and in form acceptable to any first mortgagee of
the demised Premises, as its interest may appear. Each such policy or
certificate therefore shall contain an agreement by the insurer that such policy
shall not be cancelled without at least ten (10) days prior written notice to
both Landlord and Tenant. Certificates of the insurers, or actual policies,
shall be delivered by the Tenant to the Landlord on or before ten (10) days,
prior to the anticipated beginning date of this Lease, and thereafter at least
fifteen (15) days before the expiration date of such policy.
30.3. If either party so requests and it can be so written, and if it
does not result in additional premium, all insurance which is carried by either
party with respect to the Premises, whether or not required, shall include
provision which either designate the requiring party as one of the insureds or
deny to the insurer acquisition by subrogation of rights or recovery against the
requesting party to the extent such rights have been waived by the insured party
prior to occurred of loss or injury. The requesting party shall be entitled to
have duplicated or certificates of any policies containing such provisions. Each
party hereby waived any rights or recovery against the other for loss or injury
against which the waiving party is protected by insurance containing provisions
denying to the insurer acquisition by subrogation of rights of recovery,
reserving, however, any rights with respect to any excess of loss or injury over
the amount recovered by such insurance.
30.4. Each five (5) years Landlord shall have as right to request an
increase in the liability policy limits to reflect the then current economic
conditions. Tenant shall provide such increase if readily available from a
reputable insurance company at reasonable cost.
31. ENTIRE AGREEMENT.
31.1. This Lease and the covenants and agreements set forth herein are
and shall constitute the entire agreement between the parties at the Premises are
heretofore referred, unless amended by subsequent written supplemental agreement.
Each party to this Lease hereby acknowledges and agrees that the other party has
made now warranties, representations, covenants or agreements, expressed or
implied, to such party other than those expressly set forth herein, and that each
party in entering into and executing this Lease has not relied upon any
warranties, representations, covenants or agreements other than those expressly
set forth herein.
-11-
.IN WITNESS WHEREOF, the parties have executed this Lease as of the day
and year first above written.
Landlord:
Tenant:
By:
ARNOLD ASSOCIATES i
AMO PAR
88GROUP
By:
NORTH L UP��/�
By:
14TH T ROUP � O
By:
NORTH LO ROUP
By:
GOLDEN FOODS
,
By:
PIERCE GROUP
By:
Title:
-12-
H. G. T.
FAX
PAGE 02
AR2203100
SPECIAL WARRANTY DEED
THIS DEED In made this 15th day of. January, 1990, between
CONOCO INC., a Delaware Corporation of 600 N. Dairy Ashford, City
of houston, County of Harris, and State of Texas, and ARNOLD
LEASING ASSOCIATES, a Colorado General Partnership, as to an
undivided 11.4 percent Interest; AMO PARTNERS, a Colorado General
Partnership, as to an undivided 20.5 percent interest; 88TH AND
PECOS GROUP, a Colorado Joint Venture, as to an undivided 8.4
percent interest; NORTH LONGMONT GROUP, a Colorado General
Partnership as to an undivided 18.0 percent interest; 14TH AND
TAFT GROUP, a Colorado Joint Venture, as to an undivided 13.1
percent interest; NORTH LOVELAND GROUP, a Colorado Joint venture,
as to an undivided 7.6 percent interest; GOLDEN FOODS, a Colorado
General Partnership as to an undivided 7.1 percent Interest; end
PIERCE GROUP, a Colorado Joint Venture, as to an undivided 5.3
percent interest, all whose address is 1055 Anraria Parkway,
Suite 100, City and County of Denver, and State of Colorado,
Grantees:
WITHESSETHi
)rY
lh p That the Grantor, for and in consideration of the sum of Ten
Dollars and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, hen granted,
bargained, sold and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the Grantee, its
successors in interest and assigns, forever, all the reel
property, together with improvements, if any, situate, lying and
being In the County of .VELD State of Colorado, described as
follows:
See Exhibit "A" attached hereto, made a part hereof and
Incorporated herein by reference.
TOGETHER with all and singular the hereditaments and
appurtenances thereto belonging or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues, and profits thereof; and all the estate, right, title,
Interest, claim, and demand whatsoever of the Grantor, either in
law or equity, of, in, and to the above -bargained premises, with
the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and
described with the appurtenances, unto the Grantee, its
successors in interest and assigns forever. The Grantor, for
Itself and its successors in interest and assigns, dons covenant
and agree that it shall and will WARRANT AND FOREVER DEFEND the
above -bargained premises in the quiet and peaceable possession of
the Grantee, its successors in interest and assigns, against all
and every person or persons claiming the whole or any part
thereof, by, through, or under the Grantor. Subject to Deed of Trust
by Grantor to RAM PETROLEUM COMFANY of even date herewith which Granteen assume*
IN WITNESS WHEREOF, the Grantor has executed this Deed on
the date set forth above.
*and agree to pay.
STATE or TEXAS
SS.
COUNTY OF HARRIS
CONOCO INC., a Delaware
Cox ratio
Hy
J.S. Hill,
Attorney in fact for CONOCO INC.,
a Delaware Corporation
sworn to and subscribed before me this 15th _day
-T
of January , 1990, by J. S. LULL, ATTORNEY -1N =F; -ior
CONOCO INC., a Delaware Corporation. D
WITNESS my hand and official seal.
My commission expires:
Sus
Notary Pu llc
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B 1253 Rt.C 12031.00 01/18/90 14:19 X15.00 2/003
F 2078 MARY ANN Fk:UhRSTt;IN CLERK S RECORD WELD CO, CO
EXHIBIT "A"
PARCEL #9:
Lots 1, 2, 3, 4 and 5,
Block 4,
in the TOWN OF AULT
PARCEL #10;
PARCEL 1:
Lots 14, 15, 16, and 17
in Block 3,
in the TOWN OF EATON,
WELD COUNTY, COLORADO,
EXCEPT parcel as conveyed by deed recorded in Book 982, Page 512,
Weld County Records.
PARCEL 2:
A part of Lots 14 to 17, inclusive,
Block 3,
TOWN OF EATON,
described as follows:
BEGINNING at the Northeast corner of said Lot 14;
thence West, along the North line of said Lot, 30 feet;
thence South 100 feet to a point un the South line of said Lot
17 which is 60 feet West of the Southeast corner of said Lot 17;
thence East, along the South line of said Lot 17, a distance of
60 feet to the Southeast corner thereof;
thence Northwesterly, along the Easterly line of said Block 3,
a distance of 105 feet, more or lees, to the POINT OF BEGINNING.
PARCEL #11:
Lots 21, 22, 23 and 24,
HUNTERS SUBDIVISION OF BLOCK 51,
CITY OF GREELEY
PARCEL #12:
A parcel of land located in Tract "A",
GREELEY PLAZA
as recorded under Receoptlon No. 1432944 in the records of WELD
COUNTY, COLORADO, a subdivision being a part of the NE 1/4 of Section
12, Township 5 North, Range 66 West of the 6th P.M., CITY OF
CREELEY, and being further described as follows:
COMMENCING at the Northwest Corner of the NE 1/4 of said Section
12, and considering the North line of said Section 12 to bear North
89°54'00" East, with all bearings herein being relative thereto:
thence North 89°54'00" East, along the North Line of the NE 1/4
of said Section 12, a distance of 65.11 feet;
thence South 00°06'00" East, 80.00 feet to a point on the South
Right -of -Way Line of 10th Street and U.S. Highway No. 34;
thence South 44° 55'10" West, 7.27 feet;
thence South 00°03'07" East. 448.63 feet to the TRUE POINT OF
BEGINNING;
thence North 89°54'00" East, 150.00 feet;
thence South 00°03'07" East, 150.00 feet;
thence South 39°54'00' West, 150.00 feet to a point on the East
Right -of -Way Line of 28th Avenue;
thence North 00°03'07" West, along the East Right -of -Way Line of
28th Avenue, 150,00 feet to the TRUE POINT OF BEGINNING.
PARCEL #16:
All that part of Lot Twenty-four (24) and the South Half of Lot
Twenty -Three (23)
in CRANFORD'S SUBDIVISION OF BLOCK 162
in the CITY OF GREELEY, WELD COUNTY, COLORADO,
according to the recorded map or plat thereof, lying East of the
West 30 feet thereof, ti
TOGETHER WITH the North 10 feet of the West 30 feet of the South
half of said Lut Twenty-three (23) which I s designated as a private
driveway.
9COSSS
H. G. T.
FAX
PAGE 04
7
13 1253 Rk;C 02203100 01/18/90 14:19 '15,00 3/003
F 2079 MARY ANN FIUkRSTEIN CLERK & RECORDER WELD CO, CO
EXHIBIT "A"
PARCEL 017:
The North 90 feet of Lots 17 and 18;
and all of Lots 19, 20, 21 and 22,
EXCEPTING the Southerly 115 feet of said Lots 19, 20, 21, and 22,
all in Block 2.
in the TOWN OF LA SALLE
PARCEL #19:
Lot A,
HILL -N -PARK SUBDIVISION,
a subdivision of WELD COUNTY.
it 774 -fees&C. OLiE c'C.y/te1z/
PAGE 2 of 2
8COS _N 3
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:
the Ai rfl e 'lire
Date:
0,2 /t -fo
Social Security Number:
2. Your Full Name: (lasnfrsvmiddle)
✓BdejJ DoAd9l/ /ee
3. Also Known As: (maiden name/nickname, etc.)
D.L. Yea.",
4. Mailing Address: (if different from residence)
Home Telephone:
336— r/0T,e
5. Residence Address: (street and number, thy, state, zip)
NG/N yr/lalrr,O< nips Alte.Ley_ ?,hefatty
8. Is your residence:
21 OWNED E RENTED
If rented, from whom?
7. Date of Birth:
/ft -
of Birth:
/%iLL//(eN
8. U.S. Citizen?
ail YES ❑NO
if naturalized, state where: ,/ /�J
//d
frl//p When:
Name of U.S.DDistrict Court
/4//f
Naturalization Certificate No..
/✓/d
Date of Certificate:
'IA
8 an alien, give men's Registration Card No.:
WS
Per t Residence Card No.:
N%i,
9. Height:
1'J"
Weight
/Jo
Hair Color.
/irk
Eye Color.
diieL
Sex:
M
Race:
4J
10. Do you have a Colorado Driver's License? If 'Ws,' give number:
i YES ON P'/GD Sys
isyour relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder or manager):
/o% aki/.l f
12. If Stockholder, Number of Shares Owned Benefidelly or of Record:
WA
Percent of Outstanding Stock Owned:
4/49
13. If Parer, state whether:
N/ n
Percent of APartnership Beneficially Owned:
r/n
In GENERAL IM LIMITED
14. Name of Present Employer: /
yif7gadriT of itiotrAtil AL.
15. Type Business Employment
c
of of
a4•' i t 9411e"/fA/e
16. Address of Business Where Employed: (street and number,
areel.c y eels . coon-
dry,
Business Telephone:
Jf / - t/3/
state, zip)
17. Present Position:
C7tjiah: rt/ p
18. Marital Status:
kJj�We{-
19. Name of Spouse: (include maiden name If applicable)
Rect/fed oL-a/ - fry
20. Spouse's Date of Birth:
Spouse's Place of Birth:
21. Spouse's residence address, if different than yours: (give street and number, thy, state zip)
22. Spouse's Present Employer:
Occupation:
23, Address of Spouse's Present Employer:
24. List the names) of all relatives working in the liquor industry, give their.
Name of Relative:
Relationship to You:
Position held:
Name of Employer:
Location of Employer:
49€05:5)
CONTINUED ON REVERSE SIDE
25. Do you now, or have you ever held a direct or Indirect Interest Ina State of Colorado Liquor or Beer License? If yes; answer in detail.
❑ YES ® NO
28. 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 XNO
27. Han you ever been convicted of ■ crane, fined, imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or military
court? (Do not Inoude traffic violations, unless they resulted in suspension or revocation of your drivers license, or you were convicted of driving under the influence
of alcoholic beverages.) If eyes' explain in detail.
0 YES *NO
1) tali /9ly 4c/ir otidnr,4i 1,Airr Gy -/Ana pep.
28.
If
Have
yes.s
■
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.?
explain in detail.
YES RNO
29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If yes; explain in detail below.
❑ YES ® NO
State/Federal:
Year:
City:
State:
State/Federal:
Year:
City:
State:
30. Military Service: (branch)
From:
/1f/
To:
/9i"b'
Serial No.:
,f' ' /7101 LAG
Type of Discharge:
erowent./!t
31. List all addresses where you have lied for the last five years. (Attach separate sheet if necessary)
Street and Number
City, State, Zip
From:
To:
1/ /it yewe &lflisle Dude
Ckeel ry, Cole. 00474,
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32. List all former employers or businesses engaged in within the last five years. (Attach aspirate sheets if necessary.)
Name of employer:
Address: (street, number, city, state, zip)
Position Held:
From:
To:
NAivatrfiry of A/0177,e ✓lp,
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33. List the names of persons who can vouch for your good character and fitness in connedibriwith this application.
Name of reference:
Address: (street, number, dry, state, zip)
No. of Years Known:
GhAr/e5 4 gsdo#n+'
//floc #4/47No/s Carry G/-eeler & n. Sy/1y
eze
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/.-.17 .zf9`.1 aivt _4reeley 44 goo.=
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cet7 6-f/vtdet. Gfeeley, 4th. 1.26J/
AA
OATH OF APPLICANT
I declare under penalty of perjury in the second degree that t have read the foregoing application and all attachments
thereto, and that all information therein is true, correct, and complete to the best of my knowledge.
Signature:
/�
Title:
Title:
Date:
etas*.0538
✓9..
TO WHOM IT MAY CONCERN: MARCH 07 19'30
I became acquainted with mr. Donald Veden in the spring of
19Yb. when the Hill--N-Park Fire Station was being organized.
ier',rn that year. thru the present date, we attended numerous
training classes, both Fire and Medical, and Mr Veden showed
outstanding leadership qualities and knowledge.
My :association with Mr. Veden over the years in both
business and personal, has shown he has outstanding moral and
i V i e character.
[ therefore can recommend that, Mr, Veden be allowed to
receive any and all licensing needed to pursue the business
venture he iss undertaking. if you have any questions please
feet free to contact me at 33t.► -4248.
Charles Ashbaugh
O1.' )
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l>G •JN 'l "5.
4608 Yellowstone Drive
Greeley, CO 80634
March 5, 1990
To Whom it May Concern:
This letter is written in support of Don Veden.
I have been acquainted with Don for well over ten years. During
that time, I have observed Don in several roles including
neighbor, volunteer fireman and bowling partner.
Quiet and unassuming, Don could easily be over -looked but he is
always there for anyone in need. Don was active as a volunteer
fireman until work hours conflicted with training session hours.
He was always one of the first individuals on the scene making
contributions with his medical knowledge. Common sense and a
"level -head" made him invaluable.
Bowling with Don brought out a competitive side but also a true
team spirit. His sense of humor and easy attitude encourage
compatibility with others. Don possesses all the attributes when
one thinks of an outstanding individual honest, loyal,
dedicated, hardworking and dependable.
Don Veden would receive my highest possible recommendation. If
you have specific questions, I would be most happy to reply to
them. You may reach me in the evenings at 330-6119.
Sincerely,
L... >
Gerald D. Medbery
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