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Home My WebLink About920043.tiffRESOLUTION RE: APPROVE CHANGE OF OWNERSHIP REQUEST FOR TAVERN LIQUOR LICENSE FOR ISAURO AND HELEN CHAVEZ, D/B/A EL ROJO LOUNGE - EXPIRES FEBRUARY 23, 1993 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, Isauro and Helen Chavez, d/b/a El RoJo Lounge, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Change of Ownership of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said license previously held by Shirley Boyd, dba Valley Hayloft, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C., said applicants have paid the required fees to the County of Weld for a Change of Ownership of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3101 Highway 119, Longmont, Colorado 80501 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 92-06 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners, attested to by the County Clerk to the Board, of Weld County, Colorado, which license shall be in effect until February 23, 1993, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 920043 cc > S°, OPP CHANGE OF OWNERSHIP TAVERN LIQUOR LICENSE - EL ROJO LOUNGE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 20th day of January, , A.D., 1992. ATTEST: BOARD OF COUNTY COMMISSIONERS ,177 WELD COUNTY, COLORADO Weld County Clerk to the Board BY: r v Yy' Deputy CIlerk to the Board APPROVED AS .'0 FORM: County Attorney eorge Kennedy, Chairman Constance L. Harbert, Pro-Tem C. W. art*Sy .4i Gordon E. Lacy c/'v Lia6V-tt W. H. Webster 920043 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW OR 8402111/91) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor EnforcementDivision 1 1375 Sherman Street ,4J1 Denver, Colorado 80261 , J' CHAVEZ HELEN CHAVEZ ISAURO EL ROJO LOUNGE 3101 HWY 119 LONGMONT CO 60501-9543 e^ � �� 1)\ V ALCOHOLIC BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 09-61049 03 206 5813 5 022492 FEB 23, 1993 Type Name end Description of License Fee T TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS COUNTY 85 PERCENT OAP FEE $ 50.00 $ 276.25 TOTALFEE(S) $ 326.25 This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12. Articles 46 or 47. CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street, Denver, CO 80261. I have hereunto my hand. testimony whereof, set Lt"� FEB 2 5 1992 . Division Director Executive Director (! F: fJ / 7 M O-' oe 'a ax THIS LICENSE C -a W b6 o O 0a t 0 ct 0 Z 41 `O F LLla a ,� — w '4 0 0 I- . k a 'a N tn L W • n ' o N F- W a ¢ H g O w Fi a 0 O LED N- Z3 Q .a O O ' U d �. Hi V y C.. y O CJ a o +' G -a y 0 = o �C U C) 0 a o m !Net _ '4 ct z C SO O .r rte/ 1-1 Ln Y W U 4-- ¢ w C) O 0 ; • N uu2 7_74 ti 05 c, U _ O o O y d a 0 u In G'b m ¢ 0i O C5 "O 6Pci � d0 -0 o d O o Q 'o y „ H C d ->. m0 et r H : H >• q COLORADO OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303) 356-4000, Ext. 4200 P.O. Box 758 GREELEY, COLORADO 60632 February 24, 1992 Colorado Department of Revenue Liquor Enforcement Division State Capitol Annex 1375 Sherman Street Denver, CO 80203 ATTN: Joyce FAX No.: 866-4541 RE: Change of Ownership for Tavern Liquor License for Isauro and Helen Chavez, dba El Rojo Lounge Dear Joyce: This letter is to act as an authorization by the Board of County Commissioners of Weld County, Colorado, for the Chavezes to collect from the State of Colorado, Department of Revenue, Liquor Enforcement Division, the liquor license and any associated materials so they may deliver them from Denver to the Board's office in Greeley, Colorado, on Tuesday, February 25, 1992. It is the Board's understanding that this request is being made to facilitate the signing process by the Board and ultimate issuance of the liquor license. Thus, the State of Colorado is hereby authorized to release said documents to the Chavezes for this purpose. GK:BTB:rm Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO George Kennedy, Chairman a 09/474 COLORADO OFFICE OF COUNTY ATTORNEY PAC SIMILE MEMORAfVOTJM CONFIDENTIAL PHONE (303) 356-4000 EXT. 4391 P.O. BOX 1948 GREELEY. COLORADO 30632 THIS FACSIMILE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS FACSIMILE IS NOT THE INTENDED RECIPIENT NOR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE FACSIMILE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. This message consists of pages plus this cover sheet. S E DV]e Date: / Time: m PLEASE DELIVER THE FOLLOWING PAGE(S) TO: COMPANY: FAX NO: FROM: SPECIAL INSTRUCTIONS: //r EXT: .� In��i I COMPANY: Weld County PHONE #: 303-356-4000 FAX NO.: 303-352-0242 U%`0n43 DR 8404 (5/89) To s/!/,_., 1/3119-A Colo. Dept. of Revenue Liquor Enforcement Division 1375 Sherman SL Denver, CO 80261 Liquor Colorado License Application / d , ;1.1'. /1 )� I` IMPORTANT: For those retail licenses described in Column A below, this application and all documents FIRST BE FILED IN DUPLICATE WITH, AND APPROVED BY, THE License Issued Through (Expiration Date) Use License Account No. for all reference supporting must 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. LIABILITYINFORMATION 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 • All general partners Cash, Fund State:. City. County applicant • All officers/directors of a corporation • Over 5% limited partners 66.1! 41-9 374 49-1 • All stockholders of a corporation not subject • Managers to the Securities and Exchange Act of 1934 • Each person required to file form DR 8404-I fingerprints • Over 5% stockholders of a corporation subject must submit to the Securities and Exchange Act of 1934 to the Local Licensing Authority. TOTAL Mgr Reg f Ext Hrs : Ext Hrs by 41.24 '. 37.1 49-1 NOTE: License status will not be given over the telephone. License will be mailed the Liquor Enforcement Division to the Local Licensing Authority upon issuance. INK OR TYPEWRITTEN ALL ANSWERS MUST BE PRINTED IN BLACK APPLICANTS FOR BRAND NEW LICENSES, OR TRANSFERS OF OWNERSHIP MUST CHECK THE: APPROPRIATE BOXES BELOW IN EITHER COLUMN A OR COLUMN AND MUST ALSO CHECK EITHER BOX (18) OR (19).'' B s . • 9 (3) COLUMN A STATE FEES 41-- 9 (3) COLUMN B STATE FEES 18 ❑ Application Fee for New License 0.00 19 X Application Fee for Transfer of Ownership 50.00 18 ❑ Application Fee for New License $250.00 19 X Application Fee for Transfer of Ownership 250.00 20 ❑ Retail Liquor Store License - City 202.50 20 ❑ Retail Liquor Store License - County 287.50 21 ❑ Liquor Licensed Drugstore - City 202.50 21 ❑ Liquor Licensed Drugstore - County 287.50 22 ❑ Beer & Wine License - City 177.50 22 ❑ Beer & Wine License - County 262.50 23 Hotel & Restaurant Lic. ■ City ❑ County 326.25 24 ❑ Hotel & Restaurant Lic. ❑ w/Optional Premises • City ❑ County 326.25 25 ❑ Club License ❑ City ❑ County 135.00 40 In- Tavern License ❑ City 'County 326.25 41 ❑ Arts License ■ City ❑ County 135.00 42 ❑ Racetrack License ❑ City ❑ County 326.25 45 • Optional Premises Uc. ❑ City ❑ County 326.25 ❑ Extended Hours - Special License 170.00 26 ❑ Public Transportation License each $50.00 27 ❑ Manufacturer's License -Brewery 275.00 28 ❑ Manufacturer's License -Winery 275.00 29 ❑ Manufacturer's License -Distillery or Rectifier 1025.00 31 ❑ Wholesale Liquor License (Vinous & Spirituous) 1025.00 32 ❑ Wholesale Beer License (Malt Liquor) 525.00 37 ❑ Importers License (Malt Liquor) 275.00 38 O Importers License (Vinous & Spirituous Liquor) 275.00 43 ■ Limited Winery License 45.00 44 ■ Nonresident Manufacturers License (Malt Liquor) 275.00 1. Name or Applicant(s):, partnership, list partners'pmes (at least two • i corporation, name of corporation: Ne/ i71ieiy.<,-. -t-1Stiait; L cccZ Date filed with Local Authority: of/07/qty F.E.I.N.: la. Applicant is a: Corporation individual x Partnership ❑ Other (specify) 2. Trade Name of Establishment: (DBA) EL /- 0JO State Sales Tax No.: Social Security No.: Spy - Address of Premises: Specify exact location of premises. Diagram of premises must accompany this application.) 1, / A., y,1/ y Business Telephone: City: LG``r1 ref County: bi1eld State: c,_40,Sc%cI Zip Code: 4. Mailing Addre (Number and S t) 3/C'/ //WV, /l !7 City or Town: /O1? fin orn State: Colo, Zip Code: SOSo( 5. If this is a transfer of ownership or renewal application, you MUST answethe followi questions about this business: P(e;ent.Trade Name 9f That E tablis ent (DBA): V o/fey 1/61.4 20 if- Present State Uicen No.: Present Type of License: !4— 1576 9- TQI/ern Present Ex 'ration te: (No �.-?ln�ci.-;1_ I 920043 I /t nn iQ 6. Is the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation),or manager. under the age of twenty-one years? YES NO N. 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. I Y 8. Has the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation), or manager, ever: (a) been denied an alcoholic beverage license? (b) had an alcoholic beverage license suspended or revoked? (c) had interest in an entity that had an alcoholic beverage license suspended or revoked? If 'yes' explain in detail on separate sheet. x 9. Has a liquor license for the premises to be licensed been refused within the preceding two years? If 'yes,' explain in detail. i 10. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or seminary? 11. Does or did the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation) have a direct or indirect interest in any other Colorado Liquor Ucense (include loans to or from any licensee, or interest in a loan to any licensee)? If "yes," explain in detail. 12. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. If leased, list name and address of landlord and term of lease: - .) t, CQY� fi �� ,� tE 5 ;,.G })„� 1 - `x(' t.1n�{r C.Gmmer`Q cj ccni-R,cif7 Gp P k 5 ! p-- 1 llyiI,N'Ai , .. CAl:r14-11S kip 1 13. Identify the persons, firms, or corporations who now, or will, have a financial interest, evidenced either by loans or equity ownership in the 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 n 11 Q-- 14. List the names and addresses of all liquor businesses in which any of the persons in the previous question are materially interested. Use separate sheet if necessary NAME BUSINESS ADDRESS Attach copies of all notes and security instruments, and any written agreement or details of any oral agreement, by which any person (including a corporation) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. Page 2 of 4 6. Is the applicant, or any of the partners, or officers, stockholders or directors of said applicant (if a corporation),or manager, under the age of twenty-one years? YES NO 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. 8. Has the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation), or manager, ever: (a) been denied an alcoholic beverage license? (b) had an alcoholic beverage license suspended or revoked? (c) had interest in an entity that had an alcoholic beverage license suspended or revoked? If 'yes,' explain in detail on separate sheet. 9. Has a liquor license for the premises to be licensed been refused within the preceding two years? If 'yes,' explain in detail. oil 10. Are the premises to be licensed within 500 feet of any public or parochiall school, or the principal campus of any college, " ,- university or seminary? 11. Does or did the applicant, or any of the partners, or officers, directors or stockholders of said applicant (if a corporation) have a direct or indirect interest in any other Colorado Liquor License (include loans to or from any licensee, or interest in a loan to any licensee)? If 'yes,' explain in detail. ,.. ty. 12. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. If leased, list name and address of landlord and term of lease '-'. r n 13 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 {.// �5@et 61//�'/t el n c _ ¶C " cip-i f qcJ C 4uciiy �'.f�,.yirly .5'aL i h9j secount. H i,, c: i,;:; 0 j o. d hcni c : 30, 1:.,;( 1b f//ner ¢ C7efiZrIritSi ecty c_. - 7<>1irim: 4Jc- "-VOiCCl0 31&( hWy mtc tb hec,int felt 14. List the names and addresses of all liquor businesses in which any of the persons in the previous question are materially interested. Use separate sheet if necessary NAME - BUSINESS ADDRESS Attach copies of all notes and security instruments, and any written agr nt or details of any oral agreement, by which any person (including a corporation) will share in the profit or gross proceeds of this estabPshme and any agreement relating to the business which is contingent or aeeny waybyw 8 lib/ ,gfadti�` aeon�su,,,_ on. , -,;. ��lume`�°"pro6t safes.gnn� 'conditionaWl io4n'' yy�• A 15. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? Copy must be attached. YES NO li 16. Club Liquor Ucense applicants answer the following: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? Note: Applicants must also answer question 20, parts (a) through (d), and (f), below. and is 17. Colorado Manufacturer, Wholesaler or Limited Winery applicants, answer the following: (a)Will the applicant store or sell alcoholic beverages at more than one location in Colorado. If "yes,' provide address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, (b) If the applicant is a wholesaler, does or did any owner, part owner, shareholder, director or officer have any indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State to sell malt, vinous or spirituous liquor? If 'yes,' attach explanation in detail. (c) Does the applicant have a valid Federal Basic Permit? If "yes; attach a copy of the permit; if "no," explain one has been applied for. the etc.) direct or of Colorado whether 18. Nonresident Manufacturer (malt liquor) or Importer (malt. vinous or spirituous liquor) applicants, answer the (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, part owner, shareholder, director or officer of the applicant have any direct or indirect interest in an importer, manufacturer or retailer already licensed by the State of Colorado to sell malt, vinous 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 (d) Are you the primary source of supply in the U.S.? If "no,' explain. following: financial or in detail. 19. 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 Social Security # Date of Birth --I—SCo.itG Ca,CLN)cZ.- Y/`7! p ±G, t'r ,<.,, vet , II Ht/e n (1. ti v et— 5'/i --f ecc,'4-.'C �,:C. fp-/ /-i. Lya}.-.r lo_ Sich,1. / (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). Page 3 of 4 2201.4 20. If the applicant is a corporation, answer the following: (a) Corporation is organized under the laws of the State of: Date of Incorporation: (b) Out-of-state corporations, give date authorized to do business in Colorado: (Attach Certificate of Authority from Colo. Secretary 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: Via -President: Treasurer: Secretary: (e) Name all 5% or greater stockholders; include actual owner or pledgee Home Address, City and State % of stock Date of Birth: (f) Name of all Directors or Trustees of Corporation: Home Address, City and State 21. Manager: OATH OF APPLICANT gree that this application and all attachments are true, correct, and I declare under penalty of perjury in the second degree complete to the best of my knoss1/fl`gdge. 1((' (, Authorized Signature: .X .r me T 'Pula Date: 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 - DR is completed New License 8404-I: Has been Background ready for occupancy and ready for L J fingerprinted and inspection Transfer of Ownership NCIC and CCIC checked has been inspected by the by (date) Local Other (specify): Licensing Authority. YES X .X_ X NO 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 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authority for: WELD COUNTY, COLORADO � ID TOWN, CITY COUNTY spnaiure: �� Tate: CHAIRMAN, WELD COUNTY BOARD OF COMMISSIONERS Date: 01/20/92 Signature fatless tls: WFLD COUNTY CLERK TO THE BOARD BY:(��Q1i Dme: 01/20/92 BOARD If premises are located within a town or city, the above approve sYhouitYbexxsigns by mte'may d clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the Focal licensing authority is some other official, then such approval should be given by such official. Page 4 of 4 R 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' L &J Data: �, Social Security Number. . ' 2 Your Full Natme: ( J (last/first/mid le) T u C -_ —r—S QL r c 3. Also Known As: (maiden name/nickname, etc.) 4. Mailing Address: (if di erent from residence) 3/O/ W�/ Ili" v�WAcV1± C.�. Home Telephone: 1 4S'?-to436 5. Ressiidence Add, a: (street n4 number. dry, state, zip),—) C> 4Iy (It( 1.JJs( Acvc Fi ri mot(P+'Cn (CrlsL6 1 6. Is your residence: r.y..QWNED ' • RENTED If rented, from whom? 7. Date of Birth: Place of Birth: 8. U.S. Citizen? ■ YES 'NO If naturalized, state where: When: Name of U.S. District Court Naturalization Certificate No.: Date of Certificate: If an alien, give Alien's Pagination Card No.: Permanent Residence Card No.: Af3d / Heir: ' 5J Weight: / / a c Hair Color. I JYC 1. PA Eye Color. E 1 GUi tt Sex: x^ / Y l Race: 115 f:.n.C.i 10. Do you have a Colorado Driver's License? If yes, give number: $4ES ❑ NO 11. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder or manager): 12. ill Stockholder, Number -of Shares Owned Benefidally or of Record: Percent of Outstanding Stock Owned: '3. If Partner, state whether: ❑ GENERAL ❑ LIMITED Percent of Partnership Benefidally Owned: 14. Nene Of Kerent Weyer: l 0 t 15. Type of Business of Employment 16. Address of Business Where Employed: (street and number, dry, state, zip) Business Telephone: 17. Present Position: 18. Marital Status: a VAG_C vet\ 19. N of Spouse: (i Nell maiden name if appli e) ngvcZ - \��v,\D 20. Spouse's Date of Birth: .2.—/6- Place of Birth: 0t.:\v e. -1-- Coo\-ac0 21. Spouse's residence address, if different than yours: (give street and number, dry, state zip) 22.5 ouse's Present Empl er: q �e_nVSQ� iL0.uL.\`S Occupation: •k-Qec S‘;.A-V ` 23. Address of Spouse's Pr Employer: "nt 4 f• St . R ic1)\-0R. CO. 24 List the name(s) of all relatives working in the liquor industry. gabs their: Name of Relative: Relationship to You: Position held: Name of Employer: Location of Employer: \\ ?",C043 CONTINUED ON REVERSE SIDE :aleQ :801 J elnleu8Gs 'a6palmouwl to ;say ay; of alaldwoo pue 'penw 'aru! 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C) 5 F�. t Y I n a1 A d r : l I 3, 61. pI SCrl 920941 R 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 Leopllcant- Name of Business: Date: Social Security Number: 2. Your Full Name:,(I vfirsvmiddle) l a 0� 2-- 11 t k c y\ 3. Also Known As: (made�( ame/Cickn , etc.) I- \ t.),.., K.e V c_ 1 k O 4. Mailing Address: (if different from residence) 3101 ILL-i'/. 1 15 1. 0 nc it Olt C O. Home Telephone: I [D 'l ' C-i- (3Ie' 5. Residence Address: (street4nd number, dry, state, zip) '1 l.',Fkr, Vii Fa el. f}ur #/ _Ft 2 Cc, 906.�t 6. Is your residence: OWNED ll RENTED If rented, from whom? 7. Date of Birth: /- Place of Birth: De,,\I.r_T �fr. 8. U.S. Citizen? �{ 2 .,YES f♦NO If naturalized, state where: When: Name of U.S. District Court: Naturalization Certificate No.: Date of Certificate: If an alien, give Alien's Registration Card No.: Permanent Residence Card No.: 9. Height: y9!)-. Weight: //��J 'r� Hair Color y C1�Ev�YI Eye Color I)f cu.= Sex: F Race: �(��fX:rl:(y R Drivers License? If yes,' give number: 10. Doyou have a Colorado ES NO 7' What /�is your relationship to the applicant? (sole owner, partner, corporate officer, director, JCIz CLA= n�r stockholder or manager): 12. If Stockholder. Number of Shares Droned Beneficially or of Record: Percent of Outstanding Stoat Owned: 13. If Partner, state whether IN GENERAL ❑ LIMFTED Percent of Partnership Beneficially Owned: 14. Name of Present Employer: ,_ C e real, r ccduc -c 15. Type of Business of Employment. r_ ,, TG p c. fV\ Ct rt t -1 PaCfct0c_ 16. Address of Business Where Employed: �(street and number, dry, state, zip) /055" S. 4 r" 13r,c(ni-UY Cr, %3&O( Business Telephone: (-cl-f- G-JC%O 17. Present Position: fart c/.'fir • 18. Marital Status: /7ic,-r;rel) 19. Name of Spouse: (inducts maiden name it applicable)." -LSDO/'C (fa (.7.C? - /CeU€J// 20. Spouse's Date of Birth: // - g -5: Place of Birth: f,2-fe%'cc 21. //, Spouse's cg residennaddress, if different than yours: (give street and number, dry, state, us /�'-� Q c r c 4 Li t _ ff. / / f- 4 f ice zip) le). p)e). gO,,j- / 22. Spouse's Present Employer: /1�r Occupation: Coilc-)rt.Lcn F:oia/7(-4,)or 23. Address of Spouse's Present Employer: 4LOvt '. 24 List the names) of all relatives working in the liquor industry, give their: Name of Relanve-. Relationship to You: Position held: Name of Employer: Location of Employer: (lttn12. CONTINUED ON REVERSE SIDE E,1,w`0n 43 :step :ea!1 6 :untsu0!g 'a5palM0uN,fcu jo ;sac; ayj of ajafdwoo pue `JoaJuoo Wu; Si wavy; uajewuojul j e Jeyj pus ojeieyj sjueulyoejje 1je pus uogeorldde 6uio6aloj ow peal eney i 'ma eaJtdap puooes ayj ul kn,Ged jo tjlsued iapun &eloap l 1NV0flddV AO H.VO r) t N LS -04 C. (.) if (I N A,1 h/! IL1+ JJrt 'AMMO' SJe0A 4O ON (dm 'aims 'k!o •Jegwnu 'teens) :sseippy :eou.JeleJ 10 ewaN •uoueo!Idde slot yt!M u000eUuoo u! sseutg pus "owing, poo0 mat ►ol yofOA U80 014M suoued 10 seweu eta )s!1 ££ br (dez 'mme ' 4!o 'Jegwnu 'w...) :seuPPV ,3-fU?J' :01 :pleµ uoalsod :Jedoldwa $0 ewaN (•AJ6sseoeu 1! sleet's Naiades yoeny) 'weed any tsel eta u14!LM u! peded a sesseu»nq Jo siedoldwe JewJot Ile 1181 'Z£ 5b1 l�e o '43 y»iz)-1 '+-! JegwnN pue leans :01 dQ'mnS'no (kasseoeu y temp sleJsdes yoiu)e) '$Jesd &Ay 1se! etp J04 pens emu no 'Jews sesseippe Ile 1111 ' t£ :edJeyosp 10 eddl :*CON ieueS :01 :UJOJj (4oueiq) :*owes loom '0£ :e1e1S :duo :e181S :Jae), :IeJepe j,e1e1S ONS3A ❑ •Moieq saw u! ule8dxe :sell_ 11 Ldwe1S 0uelgwep iw ope j e peuMo Jo esuso!i 0u!ws0 Jo 0uligwe0 a Rey JNne noA *um •6Z ON'$ S3A ❑ 'pmep u8 unwise :se( a s ll eia u! eJeyMAue esueo!l Jeeq Jo Jonbei a pe!uep ueeq Jo 'uogeloN Mel Jonb!I a Jot uopsooneu Jo uolsuedsns 'edsOu uOdeloln E penleoei Jena nod ensµ 'gZ ON S3A ❑ 'heap u! ulaldxe : sad„ 1I (•seCeJeAeq o!loyaoie 10 eouen1lw eta Jepun 0uuup to pool/woo CJOM Wort Jo 'esueal sJenup JnoA 10 uoutnotaJ Jo Uo!suedlns w pelinsei Aeta nelun '$uoaeloln Dylan epnpu! 1ou oa) bvnoo AJelisw JO IBUIUJI10 u! esueyo due 104 Ilea peuelJo1 Jo 00uatu01 pepuedsns a penleoeJ 'uouegord uo peoeld 'peuosudwu 'peuy '9wiJO a 10 Pea!nuoo ueeq Jena nod eneH LZ ONA S3A ❑ 'Thep u! egPoseP :9420A. N toPvotoo 1a melS eta 10 eplstno sseu!snq pmeleJ Jeeq Jo Jontal a ts pedoldtue ueeq Jo 'esuso!! Jeeq JO Jonbl s u! Isamu! toegpu! Jo Tos ip a pay Jane nod *nay Jo ',you noAA op 'gZ ON% S3A ❑ 'llatep u! Agave :sac H teeueo!l Jeeg Jo Jonbn opBJO O3 10 suns a u! 11 J w! PeJ!Pu! Jo ra*JAp a play JeM not mini Jo 'Mou nod op 'gZ &Oct -Zia ,_),y4 Oi-iv& OR AQ CThin,k � 4. 1, , , aa} ,gain LC) Q_ v (1Q- J_ ,& v )y -s Lc cA: c, )1\ \c\,rk_-,�� 02007+47 /07rn PL-Mcti hoc E_ (Aaoez_ Hoy about -Fat '1t- coin - "hoc& //cf/n a_c Cc (y r (/ A -'f,. y)o// s , // h/a / )0O/ / haft ztork' r, • i) 551 I l I it FEE 12 '32 11 5 FLT, INC. PACE.02 /}0% gekye one y) 44- 7G I CeYr75,s2-‘J(' (1�-12G2 is - s'- y� CA /° /PakJ /2ioC/PcI COMMERCIAL LEASE [Addendum, Article I to Purchase Contract Dated 12-5-92] THIS LEASE, signed by the parties hereto on the 13th day of February ^.L992, is made by Shirely Jean Boyd and Gerald Wayne Moore, as trustees of the Elmer Moore Trust dated April 19, 1881 (herein "Moores"), the Lessor, and Isauro and Helen Chavez, (hereinafter "Chavez"), the Lessee and WITNESSETH, that the parties agree as follows: 1. Lease_ed Property. Moores hereby lease the following property to Chavez and Chavez leases said property from Moores, on the terms set forth herein: The commercial buildings and lot formerly known as the Valley Hay Loft and more particularly described in the Commercial Contract to Buy and Sell Real Estate dated December 5, 1991, together with all related Agreements to Amend/Extend this Contract (hereinafter "contract for purchase"), together with any of the items listed as inclusions therein. The property to be leased is located in the County of Weld, Colorado and legally described as follows: A. tract of land in SW 1/4 of Section 3T2NR68W of the 6th P.M. approximately 4.09 acres more or less to include all mineral rights, ditch and water rights owned by Seller, including the business known as the Valley Hay Loft and more commonly known as 3101 Hwy. 119, Longmont, Colorado. (The above described property shall hereinafter be referred to as the "property"). 2. 'ern. This Lease shall commence and possession shall be given of the property to Chavez on or before February 14, 1992 and shall extend through the date of closing on the contract for purchase or April 30, 1992 which ever shall occur first. Occupancy of the two mobile homes on the property shall be governed by the provisions of the contract for purchase. a Obi /z 3. Rent sand Utilities. Chavez agrees to pay on or before February /3, 1992 as February rent. Thereafter Chavez agrees to pay S. /SW -a° per month as rent for the property beginning on March _( , 1992. Monthly payments of rent shall be, due and payable in advance without demand on the first day of each. month throughout the term of this lease. Payments shall be made to Moores at 3101 Highway 119, Longmont, CO or at such other place as Moores might hereinafter specify in writing. All rental payments made by Chavez shall be credited at full value l e toward re purchase price of the property upon purchase property. pursuant to the contract for purchase. 3. FEE 1G 's' 11 ')4 FLT, INC. PAGE.0 02 Commencing February , 1992 or upon obtaining possession of the property, whichever occurs first, Chavez shall pay all utilizes, including electricity, water, sewer, telephone, trash removal, snow removal and gas bills for the property, as such bills fall due, and shall place said utilities in their name and hold the Moores harmless and indemnify them from any further liability for such bills. 4. Taxes. The Moores shall pay all real property taxes imposed against the premises during the term of the lease. 5. ,?ssignMent and Subletting.. Chavez shall not have any right whatever to sublet the premises or to assign this Lease without the prior written consent of Moores. Any attempted or purported assignment or sublease in violation of this provision shall be null and void and of no effect whatever. 6. jtemodel.ina. Improvements and Alternations„ Chavez shall have the absolute right to remodel, alter or improve the property and inclusions in their sole discretion without the prior consent of the Moores. Chavez expressly acknowledges and agrees that any improvements, additions or updating done by him during the term of this lease shall remain with the property if he does not purchase the property under the terms and provisions of the contract for purchase. 7. Lessee's Covenants. Chavez agrees: A. To return the leased property and inclusions, at the expiration of this lease, in as good condition as when they were entered upon by him, except for ordinary wear and tear or loss by fire or other casualty, and to maintain the premises in good condition throughout the term of this lease. B. Not to use the premises for any purpose prohibited by' the laws of the Untied States, the State of Colorado, the County of Weld or the City of Longmont. C. To keep the premises in a clean and sanitary condition as required by the applicable health and police regulations. C. Not to engage in or allow any disorderly conduct, noise nuisance in or around the premises which would have a tendency annoy or disturb persons occupying adjacent premises. 8. Quite -L._ Enjoyment. If Chavez timely performs his obligations under this lease, Moores shall guarantee him peaceable possession of the premises throughout the term of this lease. 9. Fire Ur. Casualty. Moores shall carry fire and extended coverage casualty insurance in the property and its contents during the term of this lease at their expense. OE to 2 FEE 13 '9'2 11 5 FLT, INC. FPGE.04 In the event the property shall be damages by fire or other casualty -- such damage not causing the premises to be untenable - - during the term of this lease, Moores shall be obligated to repair the same within 30 days of notification of tt.e loss, and in any event the Moores shall be obligated to repair the same before the date set for closing. If the property is destroyed or made untenable for more than 30 days by fire or other causes, either party shall have the right to terminate this lease and rent shall be adjusted as of the data of such fire or other catastrophe. 10. Holding Over at End of Term. It is mutually agreed that if. after the expiration of this lease by lapse of time, the leasee shall, with the consent of the lessor, remain in possession of said premises and continues to pay rent without written agreement as to such possession, that lessee shall be regarded as a tenant from month -to -month at a monthly rental, payable in advance, equivalent to the last monthly installment hereunder, and subject to all the terms and provisions of this lease agreement. 11. J.egaj, Action. If legal action is necessary to enforce this Agreement, the defaulting party shall pay the reasonable attorneys' fees, court costs, and expenses of the non -defaulting party, whether or not litigation becomes necessary. 12. Rights Upon Default. If Chavez defaults in the payment of rent, or in any other covenant of this lease agreement, ]Moores shall have the right to re -obtain possession of the property from Chavez, peaceably and promptly, upon demand. If Moores default in any covenant of this lease agreement, Chavez shall be entitled to a return of all payments made under this lease. 13. Notices Any notice or tender required or permitted by the agreement shall be in writing and shall be delivered in person, or set by certified mail, return receipt requested. If such notice is hand delivered or personally served, it shall be effectively immediately on such delivery or service. IF sent by mail, it shall be effective three (3) days after deposit of the same in a United States Mail depository, with sufficient postage attached, for delivery to the parties at their following addresses: G C-rei ,O ,sla cea g /e4' o-2,3 !1 epa :L2/J� {9y1�/ CJ 0 3" i ✓ The Moores c/o /rJJ cam` Helen and Isauro Chavez 814 Pacific Ave. 1 Fort Lupton, CO 80621 0?,100,' FEE 13 '9'E 1! _ FLT, INC. F'ACE.lJ'5 14. Time of the Essence. Time shall be of the essence of this agreement. 15. BiDdin9LEftaat. This agreement shall be binding upon the parties hereto, their heirs, grantees, personal representatives, administrators, and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above -written. LESSOR: STATE OF COLORADO ) COUNTY OF (�Q\-A-,9E2) ss: LESSEE: I hereby certify that the ppo ve and foregoing commercial lease was ackno edged before me in (261 -MC County, Colorado this _/3„7,t. day of Th6/2 , 1992 by Shirely Jean Boyd and Gerald Wayne Moore as trustee of the Elmer Moore Trust dated April 19, 1959, Lessor(s). Witness my hand and officia Not ;� c Com p res: STATE OF COLORADO ) �) ss: COUNTY OF - r),L— ) —424 3st i1H.flu 2 Lam a , Ce, Asa 3 I hereby certify that the above and foregoing commercial lease was acknow. dged before me in &',Ut Q.C County, Colorado this _} ?_ N- day of 4_, 1992 by Isauro Chavez and Helen Chavez, Lessee(s). Witness my hand and offic'a1 se Note. Comp 4 220r n ,c_ 1[)00) The printed potions of this form approved by the Colorado (seal Estate Commission (CIIS 2-5-89) THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE Seller's remedy Liquidated Damages or Specific Performance (Section 16) 1,16t /4 ^0ry J.ree l� I. PARTIES AND PROPERTY. Chavez and Isauro Chavez , purchaser(s) (Purchased, (as joint lenants/tenants in common) agrees to buy, and the undersigned seller(s) lSellerl, agrees to sell, on the terms and conditions set forth in this contract, the following described teal estate in the County of We] (-1 , Colorado, to wit: A tract of land in SW 1/4 of Section 3T2NR68W of fith P.M. approximate 4.09 acres more or less to include all Mineral rights ( of 100%), ditch and water rights awned by Seller. Including the business tan n as the Valley Hay Imft. . afs Derethher 5 ,19 91 known as No. 31.O.1_11.7y-119 Tnngrrnnt, (Y)1 nrarin , istivzt Aarhus. Oty, sore, zip) together with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded, and called the Property. 2. INCLUSIONS. The purchase price includes the following items (a) if attached to the Property on the date of this contract: lighting, heating, plumbing, ventilating, and air conditioning fixtures, smoke/fire/burglar alarms, security devices, inside telephone wiring and connecting blocks/jacks, plants, I lour coverings, intercom systems, built-in kitchen appliances, and sprinkler systems and controls; and (b) if on the Property whether attached or // not mthedaeofibis coJ raft: /1// / f Ltc?S {( /;;;4176,..-) �"/),5' '/j'/ ,,,,,/r„nP �, 9 .4c /-ie9ai-C /c I, ,l t. N I. S 15 c7,—, O, ,l' '.1„ r ikl, r i o l:142 lone ")/� ) f r/ ./e. a ni- W VI /V ete(17c 1,179r (1./c4 .(wort! l'e c-etfuti, �/sc'5L!n. /• 4, (c. ce)rlri,t 6et1;54Cs) >/ tve,w/F/k f% -7`c/ [.*G, it to ss r.,.+s fr.,17 c<< -,a /, ti, i77,1>/''ee.�. c.,a ( j), c ,9,s /I 7 A4/1 re ,^ r 6 ,1/� k-- - // f c hither � � � ,,�.. ///��1 /CG'- N., I e, -&s, a /�� 7- ?d ... � kilt 11 tabu" C ihed lc) a unerris`(Intlusio )driytfc ionveyedlii PSicllaser by Scllcllfy billjrslefeeJ{IRclosing,iree an�c ear rdf al taxes, limn -y` � encumbrances, except as provided in section 10, it -4/41.1)) -- /:?v" C j ar-42c'�.o - irate `f��f/yI"k The following cached f)x�lures are exduded,(rom this sale: l/9i/ t! IL I9,i �' attached G CCr',=7 e e Z''/>f" /. '..,4, - .G /dpi %"tek� 0.4 1.54-- / - 3. I'URCIIASEPRICE AND TERMS. The purchase price shall be 270.000.00 , payable in U.S. dollars by Purchaser as follows (complete the applicable terms below): (a) Earnest Money. s_2000 00 in the form of ; erSOft heck , as earnest money deposit and part payment of the purchase price, payable to and held by /Max of Inns nor} , Inn. , broker, in broker's trust account MI behalf of both Seller and Purchaser. Broker is authorized to deliver the earnest money deposit to the closing agent, if any, at or befute closing. (b) Cash at Closing. 5 to be paid by Purchaser at closing in cash, electronic transfer funds, certified check, savings and loan teller's check, or cashier's check. Subject to the pmwisions of section 4, if the existing loan balance at the time of closing shall be different from the loan balance in section 3, the adjustment shall be made in cash at closing or paid as follows cash or certified funds (c) New Luan. S by Purchaser obtaining a new loan .'t his loan will be secured by a (1st, 2nd, etc.) deed of trust. The new loan to Purchaser shall be moot tized over a period of years at approximately S per month including principal and interest not to exceed % per annum, plus, if required by Purchaser's lender, a monthly deposit of sir of the estimated animal read estate taxes, property insurance pentium, and mortgage insurance premium. If the loan is an adjustable interest rate or graduated payment loan, the monthly payments and imresl rate initially shall not exceed the ligures set forth above. Luan discount points, if any, shall be paid to lender at closing and shall not exceed % of the total loan amount. The first (I, 2, etc.) barn discount pools shall be paid by and die balance, if any, shall be paid by Purchaser shall timely pay a loan origination fee not to exceed % of the loan amount and Purchaser's loan costs. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by upon loan application as requited by lender. (di Assumption, i by Purchaser's assuming and agreeing to pay an existing loan in this approximate amount, presently payable at $ per month including principal, interest presently at % per annum, and including escrow for the following as indicated: CI real estate taxes, ❑ property insurance premium, U mortgage insurance premium and Purchaser agrees to pay a loan tuatusfcr fee not to exceed S At the lime of assumption, the new interest rate shall not exceed per annum and the new monthly payment shall not exceed $ plus escrow, if any. Scllet CI shall [ I shall not be released from liability on said loan. If applicable, compliance with the requirements for release from liability shall be evidenced by delivery at closing of appropt late letter from lender. Cost payable for release of liability shall be paid by in an amount not to exceed S ,S1A Lc) Cn, 43 No. CDS2-5-89, COMMERCIAL CONTRACT TOBUY AND SELL IEAL ESTATE 9, DATE OF CLOSING. The dale of closing shall be January 31 , 19 92 , or by mutual agreement at an earliecdate. 71¢ hour and place of closing shall be as designated by Rte/Max of JAncun: ont. Inc. 10. TRANSFER OF'I'iIT.E. Subject to tender or payment on closing as required herein and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty deed to Purchaser, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except _Sp1al ascPSsment district sale and use tax ; free and clear of all liens for special improvements installed as of the dale of Purchaser's signature hereon, whether assessed or not; except distribution utility easements, including cable TV; except those matters reflected by the 'fide Uocumenic accepted by Purchaser in accordance with subsection 8(a); except Raise rights, if any, of third parties in the Properly not shown by the public records in accordance with subsection 81b); and subject to building and zoning regulations. II. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proceeds of this transaction or from any other source. 12. CLOSING COSTS, DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing, except as otherwise provided herein. Purchaser and Seller shall sign and complete all customary or required documents at or before closing. Fees for real estate closing and settlement services shall not exceed f 150.00 and shall be paid at closing by 50% each by Purchaser anti Sellers 13. PROIt A'1'IONS. General taxes for the year of closing, based on the most recent levy and the most recent assessment, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and special assessment districts sales use tax, personal property tax, permits and fees shall be prorated to date of closing. Any sales, use and transfer tax that may accrue because of this transaction shall be paid by prorated between Purchaser & Seller 14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows: Transfer. of Deed on business building 10 days on mobile hones subject to the following lease(s) or tenancy(s): None If Seller, after closing, fails to deliver possession on the dale herein specified, Seller shall be subject to eviction and shall be additionally liable to Purchaser for payment of S 200.00 per day from the dale of agreed possession until possession is delivered. IS. CONDITION OF AND DAMAGE TO PROPERTY. The Properly and Inclusions shall be conveyed in their present condition, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty pi for to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sunk, this coutraeI may be terminated at the option of Purchaser. Should Purchaser elect to carry out this crab act despite such damage, Purchaser shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions. not exceeding, however, the total purchase price. Should any Inclusion(s) or service(s) fail or be damaged between the date of this contract and the dale of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or service( s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Purchaser covering such repair or replacement. 16. 'IIME OF ESSENCE/REMEDIES. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (al IF l'IJRCIIASER IS IN DEFAULT: IPTI IL BOX IN SUBSECTION U) IS CIlECK ED. SELLER'S REMEDIES SIIALL BE AS SET FORTH IN SUBSECTION 111 (SPECIFIC PERFORMANCE!. IF SAID BOX IS NOT CHECKED, SELLER'S REMEDIES SHALL BE AS SET FOR'[II IN SUBSECTION (2) (LIQUIDATED DAMAGES!. [2j 111 Specific I'erfonnance. Seller may elect to treat this contract as cancel led, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or bath. (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Purchaser: and retained on behalf of Seller and both parties shall thereafter be released born all obligations hereunder. 11 is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONLY REMEDY for Purchaser's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Purchaser may elect In beat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Purchaser may recover such damages as may be proper, or Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to specific performance or damages, or boil]. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any litigation or arbitration arising out of this contract, the court shall award to the prevailing party all reasonable costs and expense, including attorney fees. 17. EARNEST MONEY DISPUTE.. Notwithstanding any termination of this contract, Purchaser and Seller agree that, in the event of any controversy regarding the earnest money and things of value held by broker or closing agent, unless mutual written instructions are received by the holder of the earnest money and things of value, broker or closing agent shall not be required to take any action but may await any proceeding, or at broker's or closing agent's option and sole discretion, may interplead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover court costs and reasonable attorney fees. IN. INSPECTION. Purchaser or any designee, shall have the right to have inspection(s) of the physical condition of the Property and Inclusions, at Purchaser's expense. If written notice of any unsatisfactory condition, signed by Purchaser, is not received by Seller or Listing Company on or before January 5 , 19 92 , the physical condition of the Property and Inclusions shall be deemed to he satisfactory to Purchaser. If written notice of any unsatisfactory condition, signed by Purchaser, is given to Seller or Listing Company as set forth above in this section, and if Purchaser and Seller have not reached a written agreement in settlement thereof on or before Taut taw 10 , 19 97 _ , this contract shall then terminate, subject to section 17. Purchaser is responsible and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. CBS! p. 3 (e) Seller or Private Third -Party Financing. s_200,000.00 by Purchaser executing a promissory note payable to: eel 1 Pr POrrhasenS17a41 allow a deed restriction to be placed on me n to fo R tndlcu . e iCCK one Doc 1' Ed Right -to -Cure N'II) 82.11-83 ❑ Nu Right -to -Cure N'I'D 81-11.83 O seemed by a (Is', 2nd, dc.) —1St deed of trust encumbering the Property, using the form as indicated: (check one box) td Strict Due -on -Sale ('I'D 72-11-83) ❑ Creditworthy (7T) 73-11-83) O Assumable —Not due on sale ('1'D 74.11-83) LI-A-one--Lutle_lump_suni_payfflent_of $3Q,000_00 shalLJP dual en_purchasers_horne Seds The 0omissoi y note shall be anan liced on die basis of —25 years, payable at S .1ft,_4.Q..Q0 per month including principal and interest at the rare of _.1Q % per annual. Payments shall commence _b0 days frill]. transfer of deed and shall be due on the 1St day of each succeeding month. It not sooner paid, the balance of principal and / accrued interest shall be due and payable 10 years frill' transfer of dPes[lerclosing. Payments U shall CI shall not be f G ' • increased by 141of estimated annual real estate taxes, and ❑ shall [$shall not be increased by Vu of estimated annual property insurance premium. / The loan shall also contain the following terms as indicated: If any payment is not received within 7 calendar days after its due date, a lace �Lsf/ charge of 75 009d of such monthly payment shall be due. Interest on lender disburseyientybnder the eed of trust shall be I__I8 % l per annum. Default interest rate shall be 1A % per annua,PP�,¢�` /t_ 1 -i0 )7Q c� rte ‘r""9��11, sanet""� Purchaser may prepay without a penalty except nflnP /17 L� d;1 /' / err. l '° Lh� Or 1tod.GL. at 81.4 Pacific Ave, Ft. Lupton sells. Purchaser shall ag 4. FINANCING CONDITIONS ANDOBLIGATIONS. (a) Loan ApplIcallon(s). If Purchaser 1510 pay all or part of the purchase price as set forth in section 3 by obtaining a new loan or if an existing loan is not to be released at closing, Purchaser, if required by such lender, shall make written application within calendar days Flom acceptance of this contract. Purchaser shall cooperate will. Seller and lender to obtain loan approval, diligently and timely pursue same in good faith, execute all documents and furnish all information and documents required by the lender, and, subject to section 3, timely pay the costs of obtaining such loan or lender consent. (h) I.uutt Approval. If Purchaser is to pay all or part of the purchase price by obtaining a new loan as specified in section 3, thiscontract is conditional upon lender's approval of the new loan on or before 10eceIlLX r 25 19 _91_ . If not so approved by said date, this contract shall ter min: me 11 the loan is so approved, but such proceeds ale 11111 available to Purchaser as required in section 5 (Good Funds) at the time of closing, closing shall be extended one time lin calendar days (nut to exceed (5) five). If suflicienl funds are not then available, this coma act shall terminate. (e) Existing -Loan Review. If an existing loan is not to be released at closing, Seller shall provide copies of the loan documen's (including note, deed of trust, modifications) to Purchaser within — calendar days from acceptance of this contract. This contract is conditional upon Pur- chaser s review and apptuval of the provisions of such loan documents. Purchaser consents to the provisions of such loan documents if no written objection is received by Seller or Listing Company than Purchaser within calendar days (mitt Purchaser's receipt of such documents. If the lender's approval of a transfer of the Property is required, this contract is conditional upon Purchaser's obtaining suc-ti approval without change in the terms of such loan, except as set forth in section 3. If lender's approval is not obtained on or before 19 this cUlll tact shall he ierInn flared on such date. If Seller is to be released from liability Under Snell exiShng loan and Purchaser dues not obtain such compliance as set forth in section 3, this contract may be terminated at Seller's option. (d) Assumption Balance. If Purchaser is to pay all or pat of the purchase price by assuming an existing loan and if the actual principal balance of the existing loan at the date of closing is less than the amlounl in section 3 by more than S , then Purchaser may terminate this contras of leclive ulwn receipt by Seller or Listing Company of Purchaser's written notice of termination. (el Credit Information. If Purchaser is to pay all or part of the purchase price by executing a promissory note in favor of Seller or if an existing loan is not to be a eleased at closing, this contract as conditional upuu Seller's approval of Pw chaser's financial ability and creditworthiness, which approval shall be at Seller's sole and absolute discretion. lit such case: (I) Purchaser shall supply to Seller on or before T3Pcemlpr 20 19 91_ 'd Purchaser's expense, information and documents concerning Purchaser's I nlalicial, employment and credit condition; (2) Purchaser consents that Seller may verily Purchasers financial ability and creditworthiness; (3) any such information and documents received by Seller shall be held by Sellcl in cool idence, and not released to others except to protect Seller's interest in this transaction; (4) if Seller does not provide written police of Seller's disapproval to Purchaser on err before FlincEsnillOY 25 19 91 then Seller waives this condition. If Seller does provide wriuet notice of disapproval to Purchaser on or beful e said date, this conlmcl shall terminate. 5. Cool) FUNDS. All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 6. NOT ASSIGNABLE. 'Ibis contract shall not be assignable by Purchaser without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon Ike heirs, personal representatives, successors and assigns of the patties. 7. EVIDENCE OF T'1'I'I.E. Seller shall furnish 10 Purchaser, at Seller's expense, either a current commitment for owner's title yinsurance policy in alt amount equal to the purchase price or at Seller's choice, an abstract of title certified m a current date, on or before raIll r3 19 92 If a title insurance commitment is furnished, Purchaser may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Purchaser at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance contmitmcnt, together with any copies or abstracts of instruments furnished pursuant to this section 7, constitute the title documents ('fide Documents). Purchaser most request Seller to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than calendar days after Purchaser's receipt of the title insurance commitment. If Seller furnishes a title insurance commitment, Seller will have the title insurance policy delivered to Purchaser as soon as practicable utter closing and pay the premium at chasing. H. TITLE. (a) Review, Purchaser shall have the right to inspect the Title Documents or abstract. Written notice by Purchaser of unmerchanabil it y of title or of any other unsatislclury fide condition shown by the 'title Documents or abstract shall be signed by or on behalf of Purclaser and given to Seller or Listing Company on or before _al. calendar days after Purchasers receipt of Title Documents or abstract, or within live (5) calendar days after receipt by Purchaser of any Title Document(s) or endtrse,nem(s) adding new Exception(s) to the line commitment together with a copy of the Title Docmnenh adding new Exception(s) au title. If Seller or Listing Company does not receive p'urchaser's notice by the dates) spccil red above, Purchaser shall be deemed to have accepted the condition of title as disclosed by the Title Documents as satisfactory. (b) Maters Nut Shown by the Public Records. Seller shall deliver to Purchaser, on or before the date set forth in section 7. true copies of all leasers) and survey( s) in Seller's Iwsscssiuit per I aiting Io the Palmeri and shall disclose to Purchaser all easements, liens tar other title natters not shown by the public records of which Seller has actual knowledge. Purchaser shall have the right Iu inspect the Property to deiermine if any third party(s) has any right m the property not show n by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory conditionts) disclosed by Seller or revealed by such inspection shall be signed by or ern behalf of Purchaser and given to Seller or Listing Company on or bef,tre Tannary f)--_ , 19 . If Seller or Listing Company does not receive Purchaser's notice by said dale, Purchaser shall be deemed 111 have accepted title subject to such rights, if any, of third parries of winch Purchaser has actual knowledge. Icr Right to Cure. If Seller or Listing Company receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or Ih) above , Seller shall use reasonable ci hurl to correct said unsatisfactory toile condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall titetn terminate, subject to section 17; provided, however, Purchaser may, by written notice received by Seller or Listing Company on or before chasing, waive objection to said unsatisfactory title condition(s), * obtain purchaser and keep listed until sale is made. c fir -; essive{y market hone to CBSI p. 2 /16.1 19. AGENCY DISCLOSURE. The listing broker, Re/Max of Longmont, Inc. and its sales agents (Listing Company) represent Seller. The Listing Company owes duties of truss, loyally and confidence to Seller only. While the Listing Company has a duty to treat Purchaser honestly, the Listing Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING BELOW, PURCHASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY LISTING OR SELLING COMPANY THAT LISTING COMPANY IS SELLER'S AGENT. The selling btoker Iln/Max of Lr_memnnt . Tnc. and its sales agents (Selling Company) represent: [IF TIIE BOX IN SUBSECTION (b) IS CHECKED, SELLING COMPANY REPRESENTS PURCHASER ONLY, AS SET FORTH IN SUBSECTION (b). IE 111E BOX IN SUBSECTION (b) IS NOT CHECKED. SELLING COMPANY REPRESENTS SELLER ONLY, AS SET FORTH IN SUBSECTION (a).] (a) Seller, The Selling Company owes duties of trust, loyalty and confidence to Seller only. While the Selling Company has a duty to treat Purchaser honestly, the Selling Company is Seller's agent and is acting on behalf of Seller and not Purchaser. BY SIGNING Mil AM, l'URCIIASER ACKNOWLEDGES PRIOR TIMELY NOTICE BY SELLING COMPANY THAT SELLING COMPANY IS SELLER'S AGENT. (b) Purchaser. If the box is checked: The Selling Company owes duties of trust, loyalty and confidence to Purchaser only. While the Selling Company has a duty to treat Seller honestly, the Selling Company is acting on behalf of Purchaser and not Seller. SELLER AND LISTING COMPANY ACKNOWLEDGE PRIOR TIMELY NOTICE BY SELLING COMPANY TIIAT IT IS I'URCI IASER'S AGENT. 2D. ADDITIONAI PROVISIONS: This contract is expressly contingent upon the following: 1. Purchasers being approved for liquor license transfer. 2. Purchasers obtaining loan approval. 3. At Sellers expense a production test on the domestic well satisfactory to Purchaser in addition Seller shall provide Purchasers with a passing Weld County Health Dept. potability test at Sellers expense. 2. Purchaser and Sellers are hereby advised to seek competent legal and accounting council on the Purchases. This contract is expressly contingent upon said approval. 3. Continued from page one #2 - Dish washers, all refrigerators, 4 freezers, steam table, french fryers, stove, all equipment - A mutally agreeable inventory list to be completed by Purchaser and Sellers within 10 days of acceptance. 4. It is disclosed and accepted by Purchasers, Re/Max of Longmont, Inc. and R.K. Sherwin make no representation as to business volume done by the Valley Hay Loft and Purchaser holds harmless aformentioned parties. This agreenent shall servive closing. Seller & Re/Max of Longmont have not valued The Valley hay loft in value of subject property. 5. Personal property shall transfer by bill of sale. 6. Insurance loss payable to Sellers favor. Taxes (Real Estate) to be paid by Purchasers when due with receipt to be mailed to sellers upon payment. Said note and deed to be interest free for first two (2) moths, 7. Purchasers reserve the right for a walk-thru prior to transfer of deed,to insure all being Purchased is in working order and in like condition when showed property. 21. RECOMMENDATION OF LEGAL COUNSEL. By signing this document, Purchaser and Seller acknowledge that the Selling Company or the listing Company has recommended that Purchaser and Seller obtain the advice of their own legal counsel regarding examination of title and this contract. 22. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to section 17. 2.3. NOtICE OF ACCEI'rANCF/COUNTERPARTS. If this protlwsal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before December 20 , 19 y , this document shall become a contract between Seller and Purchaser. A copy of this document ma (7c executed by each party, separately, and when each party has execu)5d atopy thereof, such copies taken together shall be deenleyl he full and ' u to contract between the parties. /1 —X0 -1/ P rc6arrr Date Parchiar /.2-20-?! Purchaser's Address [TO BE COMPLETED BY SELLER AND LISTING COMPANY] 24. ACCEPTANCE/COMMISSION. Seller accepts the above proposal this day of , 19 Seller shall pay to the Listing Company a commission of % of the gross purchase price or as agreed upon between Seller and listing Company for services in this transaction. In the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be divided between Listing Corn any and Sel r, one-half thereof to Listing Company, but not to exceed the commission, and the balance to Seller. 77(41 Seller's Address d / ( H- QV. I;Y eme seller Date The undersigned Selling Company acknowledges receipt of the earnest money deposit specified in section ) and both Selling Company and Listing Company confirm the respecti v•gency disclosure set forth in section 19. Selling Company — ff l �f i. —/i2—(12/2..,0 B :n.lwrt Date Address Listing Compa)� Address lc —/'2-// By: ISianutut,) 0.te CBS! p. 4 • sc-, loll • PF/MPX of Iongmont, Al� 12E: Contract for properly described es: en Independent member broker 2350 17th avenue Iongmont, colorado 80501 (303) 772-3800 CONTRACT ADDENDUM situated in the County of IU_ between and Colorado. doled ds Purchasers as Sellers. 8. It is disclosed that the Valley Day Loft has a law suit filed against it and this constitutes a material flaw in the subject property. 9. Upon payment in full of seller carried first deed of trust, purchasers to receive 100% of 100% of mineral rights. 10. Purchasers to meet with sellers and negoiate the scheduled parties prior to closing. Any future parties to be held after acceptance of this contract shall be negoiated with purchasers prior to scheduling with seller. 11. It is disclosed to purchasers that the seller owns only to the existing south boundary fence. 12. Seller to keep rights to intone on advertising sign on the east boundary of subject property for five (5) years fran transfer of deed. 13. Purchaser at their own expense to receive and acceptable to. purchaser location improveuent certificate. eb"`„_,____"4' ' ± Dale/or/9,7i Purrtl _9BAzf uiSel e ,�//aize �E�- ✓ r Dale Seller Listing Agent: Selling Agent 4',4 ` ( I /%ter. -�c.) � _ ^�Z r afeU JO yuPW�Sod seed pee abelsodpue 1V101 Aiamla ' fo ssaippe pug aIPC W OyM O1 6uueops 1dIa0aH W nlau pa,anlla0 0100 pue woyM Cl 60IMOys )dla1ai wnlaH aaj Aiangap pap usaO aaj Aianyac lelaadg aaj paNeJe0 £0309 00 '83AN3a ,LaEULS NVI•IliallS SLUE XMNNV '10ildva SIVIS NOISIAIc ,LNSM201103N2 11of1DIZ 2ON2A311 30 ,I,01HG OGVIITIOD (as/aA05 ass) IIVW 1VNOIIVNIAINI NOi ION Oii]IAOdd 30VN3n00 3ONVN1SN1 ON IIVW 03IHIIH30 HOH 1d1303H h..'_ 2Lh L9E d 0 O r3 r- a .0 • O !aA•�I N ilot > '14 0 4-1 14,CI -. 0 N'i o N Ia '0 J N V1 O +� u ao as o o 441-4 EroE OWla 0 C) '0 e - fa td In i-1 O ,• 00 In ri al-- 0 O •.1 c11 0.1 O aei0 4.4 m S861 aunt'OOB£ wind Sd n 0 LL m ≥ m 0 N Q CI an oo g. d 82 -m i o _mo S a, a 2 U a -60 ❑ ❑ afeU IC JIJOWlsod S seaj pue abelsod 1VlOi AJanlla0 10 ssaJPPV pue ales LuOtim Cl 6wmoys 010308 wnlay p010. 00 ale0 pue wow/. 01 6uIMOys kilos % wnlad Sod Aangac Papulsa5 aej Amngac lelaadg Sad poi pap 19308 00 'zanuaa Iaaals uewaagS SL£I uoFstnza quawao.xo;u3 .ionbfl anuanay ;o -Idea opasolo0 (awned sag) lIVW 1VNOIIVNtl31NI 001 ION 0001100/ 30VOCA0 3ONV00SNI ON IIVW 031HI1H33 HOH 1d1303H DEC 2Lh L9E d --79,c3 S86L aunt'009£ WA 14. 0 I- Hello