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HomeMy WebLinkAbout910156.tiff RESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR TAVERN LIQUOR LICENSE ISSUED TO ZANE RICHARD PAVLICA, D/B/A HOMESTEAD SALOON - EXPIRES FEBRUARY 26, 1992 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Zane Richard Pavlica, d/b/a Homestead Saloon, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C. , said applicant has paid the sum of $98. 75 to the County of Weld for the renewal 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: Building 39520, Weld County Road 136 Hereford, Colorado 80732 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 91-3 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 26, 1992, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. 910156 Page 2 RE: TAVERN LICENSE - HOMESTEAD SALOON The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 27th day of Febraury, A.D. , 1991. BOARD OF COUNTY COMMISSIONERS ATTEST: / WELD COUN OLORADO ILL Weld CoSod/ 0 yCier to the B and / Goorr�,'/J . cy, rairman y BY: & '/idithileet--<' GGeor Kennefly, Pro-Tem Deputy Clerk to the Board / APPROVED AS TO FORM: Constance L. Harbert C. W. Kirby / 1___ County Attorney ilikfik2Z--- W. H. Webst r 910156 . . _ . ,,,, ,� �.,�,� (en f� ...,_rte,.. ,,�,,. rim, st • ft@ Off C 01praca© !, D De 0 . rte t t &E � Off a@waltmci 4( Liquor Enforcement DivisionED) 1 Li 1375 Sherman Street Denver, Colorado 80261 PAVLICA ZANE RICHARD il< HOMESTEAD SAIGON BLDG W C R 136 BLDG 39520 HEREFORD CO 80732-9999 Ep I'rfcc i) Alcoholic Beverage License Account Nurtbs M LICENSE EXPIRES AT GDNIGHT Courtly City InduM. Type Lobiiry Date ---i< 14-29235 03 206 5813 1 022789 FEB 26. 1992 )ki Type Name end Description of Llpen2e Gee TAVERN P IQUR LICENSET VINOUSeLANDa5PIRITUlJU5— MALTr $ SC.0C CE1 I I C COUNTY 85 PE?CENT GAP FEE g 276. 2` Thicri $ 326.2 TOTAL FEE(S) "Lt-‘1 � 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- h. 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 Deparunent of Revenue, Liquor Enforcement Divison, 1375 Sherman Street,Denver,CO 80261. . „... In testimony whereof, I have hereunto set my hand. ` / - ` i - Executive Director Director }irli l :Division Dz t3 MAR p 4 1991 � ail 91.0156 y 1 _ a - m d gO_ y ._ O vl a O G b n. -Q-� m E a H U � O � W U P"� �: d d a d , � .,c..) 1 111 1 O_ti A CI CO u` '5 Oq,� L m c G 3 rn G >. y a `� `� ,t 0 m u d d E C 'D G ^O O i+ ��riU a u r 1 - c , H y G '" W .- --• o v in- v .4 0 o H a COA 0 .G ` . 7'C a'm w E• r 0 Zi y O W 2 W G .a c+1 w' L L =.1 O T 0 J , 4 o0 o � N-1 Q o °z . a m o ra E >, �. a o CO x x a m p es $ e a x , w @ w o c.) as @ ^v a W �r,.. W N o H ° 6a H -° o 'na 3 w °q' p a@i N -,.c. <R ' 3 OLim w o Q S 2 a) _O•w c o H w q _ c'•. ea c in hi iKy^r"4 i a. U o V1 y d '.Cr a W a O\ ° M a�re 4O al" .:: O C I 2 C C i> > 02 a q F c cd .p EC � 4-1 O yro_ • )`,) ',": U.. ;\*..... • �. O ? w cn P.v) Cu •w m — O ° t"15 >'d N I� y' z °' o ' 3 F�+ rr, °' M lk D H s U f". hl Y N N a3 p"�'� y ' r I� "C7 4) S 0 .0 �� iv v Y a Hy. ;_71 LaA .�. _ @ any OE +p ,� �s i\. W •,/ '� 3 WW L N �j2 0 .a I.O NL (a t. Fi _ � 1 m £ N Si E'. L' O C q yOQ � •a $o' U �Pi `,. P2 Mimi u .r, m o i OG u q Cal 0 C4 m•`- .i q 0 ` i ,. .:7::. � ra .`� r',! VY.. w -G w. [ .'�"a i_iA c wtt W 7 w0 I't vn 44 E-4 • . @ @ In .^E+ rn L w H �. p w L W o .� yc �+ j F El N "1! Z.4;"t; ^p F r > 7: c, rt c 11 N.. a � c ,> x `v .= `O rte. � a : Ti 07 02 r G _ m w V Ati w •_ • — iti � W E y mum ¢ aS O o •-- - Er ... W 02 n V] y • _ v E� p . �. 4, 4 .. . .. W Ne 1 ` l / • l 0 i. \y `/ L f , DR 8400(6/69) Colo.Dept.Eaptnforce.of o Revenue Liquor or 3.2 Beer License Liquor e nt Division 1375 Sherman Street cen License Type: 88666-374�loredo6026, Renewal Application yae Number: t 14-2,4235T c - Liability Information: ,. Oa 205 5c13 1 ,f227ig � F ml ,1 i ?A V L I.0.l. .t :t .{I C l i A1)e Business.Location: "/Jytt: S 1%- A3 3410 33.4 h C - 135 :iCOi; 3'.52') -•r. PJ ❑.J ( de h1Lr;LF3:iD C`3 HERE l' J•<0 C;) 3J 732-e i.`f- Current License Expires: Fib 26,1 hit ©DITY/CC)UHTY Copy ,.., YOUR PROMPT ATTENTION IS REQUIRED.FAILURE TO COMPLETE THIS FORM ACCURATELY . SIGN THE FORM AND PROMPTLY MAY RESULTS,YOUR LICENSE NOT BEING RENEWED. I. J ENCLOSE TOTAL AMOUNT DUE • FILL OUT THIS FORM COMPLETELY AND CHECK APPROPRIATE BOX BELOW. • SUBMIT FORM TO LOCAL(CITY/COUNTY) I.. .-. X This renewal reflects no changes from last application.. LICE'NSIlIO AUTHORITY FOR APPROVAL ❑ There are changes from last application (Report changes on form DR 8176 Report of • CHECK WITH LOCAL AUTHORITY FOR AMOUNT �1 i b Charges Liquor and 1.2 2 Beer Licenses and attach that form to this renewal application.) OF LOCAL FEES +^aa a`-,TVt;Sv",f,/.; "; ,, .. " Gi. h₹"1b .4t"' ,44 r 7.„ i•R-. �M"xu�h"t)rvx1Y,. , ..a am,�¢r. ,.3,t,;ar v.. sti , .�, . §F,.£�% z I declare under penalty of pedu in the second degree that this application end all attachments are true correct,and complete to the best of my knowledge. Au Signature _ / Date: Business_ Phone: ., n.2-- � r-).r/-Gcerct_ � //-/- 10 � yj(. e'.Zsy --)me r(if corporation): /�J� Sales Tax No. " C__,— ( /y- vi Z 35 ' ATTACHED DR 8401 MUST BE COMPLETED(ALL 3 COPIES SUBMIT THE STATE COPY AND LOCAL(CITY/COUNTY)AUTHORITY COPY TO YOUR LOCAL(CITY/COUNTY)LICENSING AUTHORITY NO LATER THAN 45 DAYS BEFORE YOUR LICENSE EXPIRES. EXCEPTION: Wholesaler,manufacturer,importer,and public transportation system license renewals do not need Local Licensing Authority oval and must be returned dl to the Colo De rtmem of Revenue no I r than 30 • s • i•r to b n n .�` ,ac,b 4 "t ' .t"''tte""# [ A e 3 a�`� `xar� `3`r 'fl a bt +u°ri `S'1' 4 pc`&�J�+nc'"� �,...„.,.,..0), R a �., au�s-^ n The foregoing application has been examined and the premises,business conducted and character of the applicant are satisfac- tory,and we do hereby report that such license,if granted,will comply with the provisions of Title 12,Articles 46 and 47,C.R.S. THEREFORE THIS APPLICATION IS APPROVED. r•, Local Licensing Aethprlty for: ❑ TOWN/CITY ❑ COUNTY Signature: - Title Anent: j / (-1 La N n l ti Yv Date DO NOT DETACH•DO NOT DETACH•DD NOT DETACH•DO NOT DETACH•DO NOT DETACH• ACH•DO NOT DETACH•DO NOT DETACH• DO NOT DETACH HLKEH:4.3 CU I - 1".. - . .. ;.'z NAME: USE LICENSE NUMBER LIABILITY INFORMATION RENEWED LICENSE t FOR ALL REFERENCE COUNTY CITY INDU6T. TYPE LUB.DATE EXPIRES AFTER 'Th PAVLICA LANE klimAaii 14-29237 03 206 5813 1 022791 02-26-91 €= TYPE OF LICENSL�"ISSUED CASH FUND STATE FEE CITY 85%OAP CO 8.5%OAP 48-01 (9) 41.9 (9) 48A (O) 97.1 (9) 49-7 (9) ,y,... TAVERN LIQUUR LILL-NSF --4 — NALT, VI` OU5r 'T AN.I SPIKITUQUS ( 3) 40 t 15.'00 b 2`.%.0U 4, 276.25 , 'y eY. ..r .7 Make check payable to: TOTAL AMOUNT DUE 1 326.25 COLORADO DtPAAAAANT `e OF REVENUE EXTENDED HOURS—Applies only to Hotel and Restaurant,Seer and Wine,Club,Tavern,- Extended Nits? and Arts licenses.If desired,d,edk yes'and enclose Total Amount Due PLUS$170.00. '" ❑ YSE J+iRo 910156 DRA401 W90r Attachment to LI'Mor/3.2 License ReneweMpplication This page must be completed and attached to your signed renewal application form. Failure to include this page with the application may result in your license not being renewed. Trade Name of Establishment State License Number Z„ P4 C1y''�J �:..CJ r1 . /y - 5.%, 1. Do you have legal posession of the premises for which this application for license is made? © YE NO❑ Are the premises owned or rented?ci)R' e3 If rented,effective and expiration date of lease:r G— 15-'e a � O - 12- 15- 1498 2. (a) Has the applicant, or any of the partners, or officers, stockholders or directors of said applicant(if a corporation)ever been ygc Non convicted of a crime?If answer i5 yes;explain in detail and attach. (b) Have persons lending assistance orfinanncial support to the applicant,or manager,or employees,ever beenionvidtedofacrm �e? YES❑- p(IDA_ If answer is yes;explain in detail and attach. n„ + 3. Has the applicant,or any of the partners,or officers, directors or stockholders of said appae ant(if a corporation)or manager,ever: . (a) been denied an alcoholic beverage license? " YES❑ N0K (b) had an alcoholic beverage license suspended or revoked? YES❑ NO (c) had interest in any entity that had an alcoholic beverage license suspended or revoked? YES❑ NO X If answer is yes"to any.aatauestionsvraMfIlitl'indetaifatinitcfl.-..,^—.:-+"----- - ., ..- -Y "4 ii. AS, ^ "t,.1- 4_ ,y,1 <,y; sVlst-4'�` ₹s' t e �,,�I�c '� 4. Does or did applicant,or any of5he partners,or officers,tirectors or stoekhoders of said appitant(d a corporation nave a direc yEs � -. or indirect-interest-in any cthcherac 'M f';"lr licent^.P^n'sde 10.^%la or toil sWVraray.ynr iat reH;n 2 kr to-any lrseaseoP If answer is yes,"explain in detail and attach. 5. Identify the persons,firms or corporations who now or will have a financial interest,evidenced either by a loan to,or equity ownership in,the business for which this license is requested.State the names and addresses and the amount and source of such financial interest(i.e.,bank,relatives,friends,previous owners,etc.),expressed in s or other items of value, such as inventory,furniture or equipment.Use separatelsheet if necessary. " Newe ress �j Interist t,i�twy�pe and Amount I - a ..\ �1c�O\CIS J‘‘tca TO, �x Fro }4ereiow� ab" Dwt/4-2. 0.,006,0 A) 6 List on a separate sheet the na s and addresses oliquor businesses in which any of the persons in question No. 5 are materially ifderested, 7. Operating M r r ss r 1 Dad e ofI�h (IX'y e . P\00.� J t k�+c� �IV . �x f3o+I� 1 �Q`p. 607_37 �~' -5O 8.If applicant is a partnership(except husband and wife), list all general partners.Ise separate sheet if necessary. Name Address Date of Birth Name Address Date of Birth 9. If the applicant is a corporation,answer the folbwing: (a) Corporation is organized under the laws of the State of: Date Incorporated: (b) Principal place of business is: (c) Date of filing last annual corporate report to the Cob. Secretary of State: (d) Name of each officer listed below: President Home Address Date of Birth Vice-Pres. Home Address Date of Birth Treasurer Home Address Date of Birth Secretary Home Address Date of Birth (e) List all stockholders,5%or over,(If a public corporation)including actual owner orpledgee.(Use separate sheet if necessary) Name Address Percent of Stock Date of Birth Name Address Percent of Stook bate'of`Birth Name Address Percent oflStock bate of Birlh r (f) Name of all Directorsyfrustees of Corporation Name Address 910158 Date of Birth Name Address Date of Birth i OFFICE OF BOARD OF COUNTY COMMISSIONERS \ Pnor+E (303) 356-4000. Exi 4200 P.O. Box 766 Ci REELEY. COLORADO 80632 111 COLORADO March 4, 1991 Roger M. Morris, Director Liquor Enforcement Division State Capital Annex 1375 Sherman Street Denver, CO 80261-2246 RE: Zane R. Pavlica, dba Homestead Saloon Dear Mr. Morris: On Wednesday, February 27, 1991, the Board of County Commissioners of Weld County, Colorado, granted a renewal for the Tavern Liquor License held by Zane R. Pavlica, dba Homestead Saloon. On March 1, 1991, the Board of County Commissioners received copies of the Order to Show Cause and Notice of Hearing, Stipulation and Agreement, and Findings and Order concerning Mr. Pavlica, copies of which are enclosed. The Board of County Commissioners was unaware of the violation by Mr. Pavlica at the time the Board granted the renewal . The information concerning the violation may have been important in the Board' s determination regarding the renewal. The Board of County Commissioners respectfully requests that your office inform the Board of any orders to show cause and hearings which might, affect liquor licenses within the jurisdiction of Weld County. We believe that this information is crucial to the Board's interest in representing the people of Weld County in all liquor license applications and hearings. If you should have any questions regarding this letter, please feel free to call Bruce T. Barker, Assistant Weld County Attorney, at 356-4000, extension 4391. Sincerely, BOARD OF COUNTY COMMISSIONERS WEL - TY COLORADO r o . L y Chairman 91.C6'15-7,3 it . fi r''. . r3 11:a ELL;ti !zi2LFraHL), CCLLf2AUU E077.2 ..? P-4 - El.1 iJI 1.1. i ,I ) ! i '.)1..;r ltri !cr'crtD.91t .:1 ✓l:.l iyl l "I.. vt•iL.M I" 1 ., 1,1 L.irw 12. De iii is Saluor iNC..:'. 1LS !. .CCa".)e P .. r -l4-..4-92.:5 ( "1 lcenSe'r" ) 1.3 tjt :ry •id f. lr the (:I/r ur the mr'.t.,•r5 deta11t_rl L:r tre Order td :TEN", Cauoe and floticlr of 'earl.' 4 ]t1 :ig:Imed I.er.2t,.: a•L, E..hibit 1 (hereinartor La. - 1 . above-11amnd O.ar t !: ari N111CWA: � 1 . faCr'3 and conl'aLn rl in the faJtice are truo and ar..r Irate. 'Inc? 1 :cenc-,re ar7r"r"5 fo ( 11?) day suspension or his tavern : Lquor [ icons.? as a penalty for his violation of the Colorado Liquor Code a5 set forth in paragraph I of this Stipulation and Agreement. Said sustx.rSicn o` Llcensee•s tavern liquor license to '-al.e place ac follows: a. License to be actively suspelded for- three ( 3) days from 1:::1)1 a.:r. ,n hJa!,r.k3//P9/ until 11:59 p.m. on ziPrr...(F7j7/. �. Sever, ( % ) .a..., r:' suscen3ltxi to be held in abeyance for a period of one iii 'rear-, from the date of approval of this agreemen.t by the State Licensing F1]thoritY, pending no further violations of the Colorado Liquor Cade curing this period. C. During arr./ active license su spension, Licensee ;. will _„ : !� pren1S ? :n Conic! Lanc•e with Regulation 47- 91_01-5�. > r- _•__•" .: yL . .,, c .. _ . .urn. a" Lon ".'1 v . .r.d r-:- .. 3=J'_2 t LTh t.!'at _I.Cencv. ..:tJr :lr; f.rte dr _ .Sd ..d re-,tent Sl . ". _a.'lr �U'p d ( �I beer •' 'IP . Ln _:1",� L- .-'S1r,�d'�� - t - 7r _ J. .- "i: tc oB" _ alt on 9f , r'>/5 pre .,r•t y l( nte, of _ • Lr tr cU.'.. .., tQ h: fa=gr_.flr . ".I . trro H r1;•.1 :+r' .7.311:1! ! I,7 r .. _ el t o- ._ ..• ! eI Ir -ri_U `rLA t"' LL" ';`i trig FNJ' .‘Or !C , . _1.1)7 UP M, Si .F7"A H. F O1/44.ICA - �1 + Proi)rLotor f):r�x. 17r p Ltgoor EntarcCmxit I)Lv131cn Humest1'ad Saloon 0 _1_ 1C/5 /___ o. — a5 9.91 cn ra DATE tok.',1 01 5°i C BEFORE THE EXECUTIVE DIRECTOR , DEPARTMENT OF REVENUE STATE OF COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: ZANE R. PAVLICA D/B/A HOMESTEAD SALOON W C R 136 BLDG 39520 HEREFORD, COLORADO 80732 LICENSE NO . T-14-29235 WHEREAS , it has been made to appear to the State Licensing Authority , Executive Director , Department of Revenue , State of Colorado , that Zane R. Pavlica , D/B/A Homestead Saloon , WCR 136 BLDG 39520 , Hereford , Colorado 80732 , License NO . T-14-29235 ( "Licensee" ) , has violated the statutes or the rules and regulations of the Department of Revenue governing its license in the following particulars : } I . Pursuant to 12-47-128 ( 1 ) ( f ) , It is unlawful for any person to sell at retail any malt , vinous , or spirituous liquors in sealed containers without holding a retail liquor store or liquor-licensed drugstore license . A . It is alleged that on or about December 7 , 1990 , Licensee ' s agent Tami Lynne Van Pelt ( Bartender) sold investigator David Sauter a six-pack of Coors light beer , in sealed containers . II . Pursuant to 12-47-119 . 5 ( 1 ) , A tavern license shall be issued to persons selling malt , vinous , or spirituous liquors by the drink only to customers for consumption on the premises . A. It is alleged on or about December 7 , 1990 , Licensee ' s agent Tami Lynne Van Pelt ( bartender ) sold investigator David Sauter a six-pack of Coors light beer , in sealed containers . 91.0.13r "r Notice Homestead Saloon Page 2 NOW THEREFORE , you are hereby ordered to appear before me to show cause why your said license should not be suspended or revoked as by law provided . A pre-hearing meeting with the Liquor Enforcement Division to discuss matters relating to this Hearing , including the setting of a mutually convenient hearing date , may be arranged upon your request . You should contact David Reitz , at 303-866- 3'741 in the Division within ten ( 10 ) days of the date of this Notice to arrange such a conference . If you fail to contact the Division within ten ( 10 ) days , a hearing date will be set without further notice to you ; and you will then be notified of that hearing date by letter. You are entitled to have an attorney represent you at the hearing . If you should retain an attorney, you should do so well in advance of the hearing . Once a hearing date has been set , a postponement will not be granted except for good cause shown . If you should fail to appear at the scheduled time and place for the hearing , testimony will be taken in reference to the allegations , upon which evidence your license to operate under the terms of * the Colorado Liquor or Beer code may be suspended or revoked . Please be further advised that if the Director does find you in violation of any of the above-cited section( s ) of the Colorado Liquor or Beer Code , the Director may consider in selecting the sanction to be imposed against you , all prior violations of the Liquor or Beer Code by you as well as any sanctions previously imposed against you . IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned Licensee . IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this 'cis' day of R bruay , 1991 . F.X-&GU-TIASE DI9ECTOR DEPART`1ENt J REVENUE 31 05 \VELD COU1TY El FEB 29 1.:1 o- 3C' BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE,L , STATE OF COLORADO TO MS BC.: ORDER IN THE MATTER OF : ZANE R . PAVLICA D/B/A HOMESTEAD SALOON W C R 136 Bldg 39520 HEREFORD , COLORADO 80732 LICENSE NO . T 14-29235 FINDINGS AND ORDER After investigation and pursuant to the Stipulation and Agreement attached hereto as Exhibit A , the Director , having reviewed the Stipulation and Agreement offered by the Liquor Enforcement Division and the above referenced Licensee , does hereby FIND : I . That the terms of the aforesaid Stipulation and Agreement are acceptable to the Director and are hereby adopted in full as the findings of the Director . THEREFORE , the Executive Director , Department of Revenue , hereby ORDERS : 1 . That the above referenced liquor license be , and hereby is , suspended for the period and in the manner provided in the Stipulation and Agreement . ORDERED AND SIGNED at Denver , Colorado this .27 day of februgll I , 1991 . gt---c— VXECUTIVE DIR CTOR DEPARTMENT REVENUE HO`fEstead . ord WELD COUNTY 01`71`+IvSl.::`'S i99! FEB 29 Ali o- 30 BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE. uLERK STATE OF COLORADO TO THE SOS.^D ORDER IN THE MATTER OF: ZANE R. PAVLICA D/B/A HOMESTEAD SALOON W C R 136 Bldg 39520 HEREFORD, COLORADO 80732 LICENSE NO. T 14-29235 FINDINGS AND ORDER After investigation and pursuant to the Stipulation and Agreement attached hereto as Exhibit A, the Director, having reviewed the Stipulation and Agreement offered by the Liquor Enforcement Division and the above referenced Licensee , does hereby FIND: 1 . That the terms of the aforesaid Stipulation and Agreement are acceptable to the Director and are hereby adopted in full as the findings of the Director. THEREFORE, the Executive Director, Department of Revenue , hereby ORDERS: 1 . That the above referenced liquor license be , and hereby is, suspended for the period and in the manner provided in the Stipulation and Agreement .ORDERED AND SIGNED at Denver , Colorado this oll 7eas day of �E'torticgd , 1991 . inkXECUTIE DIR CTOR DEPARTMENT REVENUE HOMEstead.ord 91.01.5q C BEFORE THE E EEC UT I VE. D I RECTOR, DEPARTMENT (IL RE v'r.f•.y_n. COLORADO STIPULATION AND AGREEMENT IP4 FE: ['W T ER CE: ZAN R. PA L ICA D/B/A Ha'E STE AD SALOON W C R 136 BLDG ;39520 HEREFORD, COLORADO 80732 LICENSE NO. •T--14-'2`7'235 AGREEi TIT BETWEEN the State of Colorado, Liquor Enforcement Division ("Division") and Zane R. Navlica, D/B/A Homestead Saloon, WCR 136 BLDG 34520, Hereford Colorado B0732, License NO. T-14-;x'9235 ("Licensee-) is offered for the purpose of a settlement of the matters detailed in the Order to Show Cause and Notice of Nearing attached hereto as Exhibit 1 (hereinafter "Notice") . The above-named parties submit and agree as follows: 1. The facts and allegations contained in the !Notice are tree and accura to. t. The licensee agrees to a Ten (.10) .day suspension of his tavern liquor license as a penalty for his violation of the Colorado Liquor Code as set forth in paragraph 1 of this Stipulation and Agreement. Said suspension of Licensee's tavern liquor license to take place as follows: A. License to be actively suspended for three (3) days frnm 12:01 a.m, on *0,44 3/41f1 until 11:59 p.m. on 40,i,7O7 me t B. Seven (7) days of suspension to be held in abeyance for a period of one (1) year, from the date of approval of this agreement by the State Licensing Authority, pending no further violations of the Colorado Liquor Code during this period. C. During any period of active license suspension, Licensee will post its premise in compliance with Regulation 47- 110.1, 1 C.C.R. 203-2. • " l T. Stipulation and Agreement Homestead Salocn Page If at any sunsequent, nearing, -ti.rula''Aun in i ?lam of `;ear iq. the a~a'-e authority should ld find that Licensee, during t_h'iP_ aforesaid one-year period, violated any pe-ovision of Colorado Beer or Liquor =_des. including :all regulations tfereunder, then the state autnority shall. in addition to any other penalty. imposed, order Licensee to serve all or any days of suspension presently held in abeyance. pursuant to this agreement. his Stimulation, Agreement., and Order shall ;lot be effective unless and until approved by the Colorado State Licensing Aut_horit .--_—."L‹c . _ 4c► - 'i` ROGER M. MORRIS E R. PAVL I C.A Director Sole ;proprietor Liquor Enforcement Division Homestead Saloon d. - Z5- 199 / DATE r DATE BEFORE THE EXECUTIVE DIRECTOR, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER TO SHOW CAUSE AND NOTICE OF HEARING IN THE MATTER OF: ZANE R. PAVLICA D/B/A HOMESTEAD SALOON W C R 136 BLDG 39520 HEREFORD, COLORADO 80732 LICENSE NO. T-14-29235 WHEREAS, it has been made to appear to the State Licensing Authority, Executive Director, Department of Revenue , State of Colorado, that Zane R. Pavlica, D/B/A Homestead Saloon, WCR 136 BLDG 39520, Hereford, Colorado 80732 , License NO. T-14-29235 ( "Licensee" ) , has violated the statutes or the rules and regulations of the Department of Revenue governing its license in the following particulars: I . Pursuant to 12-47-128 ( 1 ) ( f) , It is unlawful for any person to sell at retail any malt, vinous, or spirituous liquors in sealed containers without holding a retail liquor store or liquor-licensed drugstore license. A. It is alleged that on or about December 7 , 1990, Licensee' s agent Tami Lynne Van Pelt (Bartender) sold investigator David Sauter a six-pack of Coors light beer, in sealed containers. II . Pursuant to 12-47-119.5 ( 1 ) , A tavern license shall be issued to persons selling malt, vinous, or spirituous liquors by the drink only to customers for consumption on the premises. A. It is alleged on or about December 7 , 1990, Licensee' s agent Tami Lynne Van Pelt (bartender) sold investigator David Sauter a six-pack of Coors light beer, in sealed containers. 910156 Notice Homestead Saloon Page 2 NOW THEREFORE, you are hereby ordered to appear before me to show cause why your said license should not be suspended or revoked as by law provided. A pre-hearing meeting with the Liquor Enforcement Division to discuss matters relating to this Hearing, including the setting of a mutually convenient hearing date, may be arranged upon your request. You should contact David Reitz, at 303-866- 3741 in the Division within ten ( 10 ) days of the date of this Notice to arrange such a conference . If you fail to contact the Division within ten ( 10 ) days, a hearing date will be set without further notice to you; and you will then be notified of that hearing date by letter. You are entitled to have an attorney represent you at the hearing. If you should retain an attorney, you should do so well in advance of the hearing. Once a hearing date has been set, a postponement will not be granted except for good cause shown. If you should fail to appear at the scheduled time and place for the hearing, testimony will be taken in reference to the allegations, upon which evidence your license to operate under the terms of the Colorado Liquor or Beer code may be suspended or revoked. Please be further advised that if the Director does find you in violation of any of the above-cited section(s) of the Colorado Liquor or Beer Code, the Director may consider in selecting the sanction to be imposed against you, all prior violations of the Liquor or Beer Code by you as well as any sanctions previously imposed against you. IT IS FURTHER ORDERED that a copy of this Order and Notice shall be mailed or delivered to the above-mentioned Licensee. IN WITNESS WHEREOF, I have hereunto set my hand and seal of my office this (Ca day of Ite 6ni C , 1991 . cDKk t DI 'ECTOR DEPARTME • ' REVENUE P 556 983 070 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNMIONAL MAIL (See Reverse) I Colorado Dept. of Revenue Liquor Enforcement Division 1375 Sherman Street Denver, CO 80261 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Debvered co q Return Receipt showing to whom. Date. and Address of Delivery uW j TOTAL Postage and Fees 5 0 o Postmark or Date E LL La a SENDER: I also wish to receive the •: Complete items 1 and/or 2 for additional services. following services (for an extra •amplete items 3, and 4a & b. • Print your name and address on the reverse of this form so fee): that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece, or on the back if space does not permit. 2, ❑ Restricted Delivery • Write "Return Receipt Requested" on the mailpiece next to tt the article number. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Colorado Dep' t. of Revenue P SS(p �V,c7-7D Liquor Enforcement Div. 4b. Service Type ❑ Registered ❑ Insured 1375 Sherman Street -8 Certified C COD Denver, CO 80261 ❑ Express Mail' Ll Pletuf ceipt for Merchandise 7. Date Doff DDeeplliivery04 1991� � 5. Signature (Addressee) 8. AddrEf358e's Address(Only if requested and fee is paid)MAIL •r"- 6. Signature (Agent) REV EiNUE 00“) PS Form 3811, October 1990 *LIZ.GPO:1990-273861 g� MESTIC RETURN RECEIPT a OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE (303) 356-4000, Err. 4200 P.O.. Box 758 758 GREELEY, COLORADO 80632 e. COLORADO P LEA S E POST NEAR EXISTING LICENSE Febraury 27, 1991 TO WHOM IT MAY CONCERN: On the 27th day of February, 1991, the Board of County Commissioners of Weld County, Colorado, did approve the renewal request of Zane Richard r Pavlica, dba Homestead Saloon, for a 4.44,1B-tier License. The previous ,N, .;X license expired on February 26, 1991, and the Board did, on the 27th day of February, 1991, formally waive the 45-day time limit, said waiver being effective as of 12: 00 a.m. , February 27, 1991. The required documents have been submitted to the State Department of Revenue for its approval. Until notification has been received from the State advising whether this renewal request has been appored or, disapproved, the Board hereby authorizes the continued sale of 3422Beer at this establishment which is located at Weld County Road 136, Building #39520, Hereford, Colorado 80732. If there are any questions concerning this matter, please feel free to contact the Clerk to the Board's Office at 356-4000, EXt. 4225, between the hours of 8:00 a.m. and 5:00 p.m. , Monday through Friday. Sincerely, BOAR 0 0 COMMISSIONERS ordon E. La Chairman cc: Sheriff' s Office Liquor Enforcement Officer i'.q'! `05-13 11 6.,75-a)`. Y 1J1�� 6z- 2Z - 9 k'lce a NO — agASS /o ; !f -6 lit/6LD C'ounTCi tsso Rim s ; wt3Jd �bo T IEct e. watoc ‘\-\rtic 45 Cia? CO4- Wov\esi-{Dacl ScADCrf\ . Z hea SeeI•e_ tc,oblen k `I\ vm mev "LOO\I W �`�Ch n-eclec �p v , a��,4 o1/49 J BUSINESS LEASE I� L This lease is made this . 1 C/ WI day of /'-e6- ,Letts , 19 9/ , between zany Nicholas Pavlics / (the-Lessor)and Zane Richard Pavlica (the"Lessee-) In consideration of the payment of the rent and the performance of the cotenants and agreements by the Lessee set forth below,the Lessor does hereby lease to the Lessee the following described premises situate in the County of Weld , in the Slate of Colorado;the address of which is See Attached .-exhibit "A" Weld County Road 136 , Building 39520, Hereford , Colorado 80732 H,rv,.xS,:r,. Iced Ik,np.o TO HAVE AND TO HOLD the same with all the appurtenances unto the said Lessee Innn twelve o'clock noon on the day of , 19 ,and until twelve o'clock noon on the day of , 19 , at and for a rental for the full term of S 600 '00 payable in monthly installments of S 50•00• per month. in advance, on or bemire twelve o'clock noon,on the day oI each calendar month during the term of this lease at the oflicc of the Lessor at See Attached Exhibit °A° .Colorado without notice. The Lessee.in consideration of the leasing of the premises agrees as follows: I. To pay the rent for the premises above-described. 2. To keep the improvements upon the premises, including sewer connections, plumbing. wiring and glass in good repair. all at Lessee's expense,and at the expiration of this lease to surrender the premises in as gtxd a condition as when the Lessee entered the premises-loss by fire,inevitable accident.and ordinary wear excepted.To keep all sidewalks on and:round the premises free and clear of ice and snow,and to keep the entire exterior premises free from all litter.dirt.debris and obstructions;to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situate. 3. To sublet no part of the premises,and next toassign theJGc.mu or any interest therein without the written consent of the Lessor. 4. To use the premises only as agreed in writing and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado,or of the ordinances of the city or town in which said premixes are located.and for no improper or questionable purposes w hatsoever,and to neither permit nor suffer any disorderly'conduct. noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 5. To neither hold nor attempt to hold the Lessor liable for any injury or damage,either proximate or remote.occurring through or caused by the repairs,alterations, injury or accident to the premises,or adjacent premises,or other parts of the above premises not herein demised,or by reason of the negligence or default of the owners or occupants thereof or any other person,nor to hold the Lessor liable for any injury or damage occasioned by defective electric wiring,or the breakage or stoppage of plumbing or sewerage upon said premises or upon adjacent premises,whether breakage or stoppage results from freezing or otherwise;to neither permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous,nor make any alterations in or changes in.upon,or about said premises without first obtaining the written consent of the Lessor therefor.but to permit the Lessor to place a"For Rent"card or sign upon the leased premises at any time after sixty(601 days before the end of this lease. fi. To avow the Lessor to enter upon the premises at any reasonable hour. 7. To pay all charges for water and water rents and for healing and lighting of the building in which said premises are located. • IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND LESSEE AS FOLLOWS: K. No assent. express or implied,to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 9. If,after the expiration of this lease.the Lessee shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession,then such tenancy shall be regarded as a month-to-month tenancy,at a monthly rental,payable in advance,equivalent to the last month's rent paid under this lease,and subject to all the terms and conditions of this lease. 10. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Lessor may, without being obligated to do so,and without terminating this lease.retake possession of the said premises and rent the same for such rent.and upon such conditions as the Lessor may think best,making such change and repairs as may be required,giving credit for the amount of rent so received less all expenses of such changes and repairs,and the Lessee shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. II. The Lessor acknowledges receipt of a deposit in the amount of S 6.00•.00 _-- — to be held by the Lessor for the fait VIII performance of all of the terms,conditions and covenants of this lease The Lessor may apply the deposit to cure any default under the terms of this lease and shall account to the Lessee for the balance.The Lessee may not apply the deposit hereunder to the payment of the rent reserved hereunder or the performance of other obligations. 12. If any part of the rent provided to be paid herein is not paid when due,or if any default is made in any of the agreements by the Lessee contained herein.it shall be lawful for the Lessor to declare the term ended,and to enter into the premises,either with or without legal process, and to remove the Lessee or any other person occupying the premises, using such force as may be necessary, without being liable to prosecution, or in damages therefor, and to repossess the premises free and clear of any rights of the Lessee. IL at any time. this (case is terminated under this paragraph, the lessee agrees to peacefully surrender the premises to the Lessor immediately upon termination, and if the Lessee remains in possession of the premises. the Lessee shall be deemed guilty of forcible entry and detainer of the premises,and,waiving notice,shall be subject to forcible eviction with or without process of law. 13. In the event of any dispute arising under the terms of this lease.or in the event of non-payment of any sums arising under this (case and in the event the matter is turned over to an attorney,the party prevailing in such dispute shall be entitled,in addition to other damages or costs,to receive reasonable attorney's fees from the other party. 14. In the event any payment required hereunder is not made within ten OM days after the payment is due, a lade charge in the amount of five percent 15%1 of the payment will be paid by the Lessee. 15. In the event of a condemnation or other taking by any governmental agency,all proceeds shall be paid to the Lessor hereunder, the Lessee waiving all right to any such payments. No. 1044. Rev. 5-85. BUSINESS LEAsr. 3.ym • Ib. This (case is made with t" express understanding and agreement that, in the It the Lessee becomes insolvent, or is declared a bankrupt,then.in either t,the lessor may declare this lease ended,and all. of the Lessee het L IM.ler sh.:ll terminate anti cease. THIS LEASE shall be binding on the parties,their persomd represematis es.socee•sors and assigns. ADDITIONAL PROVISIONS —17 947 se GcJ/r/C'�7 (Let- S,��, (� ,L✓ (�CZ Ci d�eC�',n , i'G� /��� �'✓i� , /6 Esl/• i2 "Cf Ce, L. , c5ltlt -`> 1��I5Gs . 1-��S /_ � 7 ..�t-LL / /02.4(417 v2/1 /9 GUARANTEE For value received hereby guarantee the payment of the rent and the penixmaace of the covenants and agreements by the Lessee in the within Lease cosenanteJ and agreed, in manner and form as in said Lease ()Emitted. Witness any hand and seal this day of . 19 ASSIGNMENT AND ACCEPTANCE For value received , asxig nor(s) hereby assign(%)all right. title and interest in and to the within Lease unto assignee(s) heirs and assigns. with the express understanding and agreement that the said assignorOl shall be and remain liable for the fill payment of the rent reserved and the performance of all the covenants and agreements made in said Lease by the Lessee(%)therein named.and will pay said rent and fully perhirm said cosenants and agreements in case said assigneetsl shall hail w m Jo:and in consideration of this assignment the said assignee(%)hereby;ssume(sI and agree(,)to make all the payments and perform all the covenants and agreements contained in said Lease. by the Lessee(%)therein agreed to be made and performed. Witness my hand and seal this day. of . 19 CONSENT OF ASSIGNMENT Consent to the assignment of the within Lease to is hereby green. on the express condition. however. that the assignor shall remain liable fix the prompt pa•ment of the rent and perlimmance of the covenants on the pan of the Lessee(%)as herein mentioned,and that no further assignment of said Lease or sub-letting of the premises or any part thereof shall he made withom further written assent lint had thereto. Witness my hand and seal this day of , 19 . I,ESSOR'S ASSIGNMENT In consideration of One Dollar to in hand paid, hereby transfer, assign and set over to and .signs interest in the within Lease, and the rent therein reserved. Witness my hand and seal this day of µ) 21.015f; No . 1044 .Rev . 12-88 . BUSI"_." S L?ASE BUSINESS LEASE This lease, dated December 15 , 198�is between Zane Nicholas pavlica ,as Landlord, and Zane Richara Pavlica ,as Tenant. In consideration of the payment and the performance of the covenants and agreements by the Tenant set forth herein, the Landlord does hereby lease to the Tenant the following described premises situate in Wela County, in the State of Colorado; the address of which is see Attached 4'xhibit "An Weld County Road 136 , puilding 39520 , Hereford , Colorado 80732 Said premises, with all the appurtenances, are leased to the Tenant from the date of December 15 , 1988 , until the date of December 1 , 1998 at and for a rental for the full term of $ 6000 .00 payable in monthly installments ofS50.00 in advance, on the 14thday of each calendar month during the term of this lease, payable at see attached Exhibit " ,A " ,without notice. THE TENANT,IN CONSIDERATION OF THE LEASING OF THE PREMISES AGREES AS FOLLOWS: 1. To pay the rent for the premises above-described. 2. To keep the improvements upon the premises, including sewer connections, pluning,wiring and glass in good repair, all at Tenant's expense, and at the expiration of this lease to surrender the premises in as good a condition as when the Tenant entered the premises, loss by fire, inevitable accident, and ordinary wear excepted. To keep all sidewalks an and around the premises fee and clear of ice and snow, and to keep the entire exterior premises free from al litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the property is situate. 0..1 01 543 C' . - / 3. To sublet no part of the premises, and not to assign the lease or any interest therein without the written consent of the Landlord. 4. To use the premises only as agreed in writing and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoever, and to neither permit nor suffer and disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 5. To neither hold nor attempt to hold the Landlord liable for any injury or damage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premised, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to the Landlord liable for any injury or damage occasioned by defective electric wiring, or the breakage or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether breakage or stoppage results from freezing or otherwise; to neither permit not suffer said premises, or the wall or floors thereof, to be endangered by overinading, nor said premises to be used for nay purpose which would render the insurance thereon void or the insurance risk more hazardous, or make any alteration in or changes, on, or about said premises without first obtaining the written consent of the landlord therefor, but to permit the Landlord to place a"For Rent"sign upon the leased premises at any time after sixty(60) days before the end of this lease. 6. To allow the Landlord to enter upon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LANDLORD AND TENANT AS FOLLOWS: 7. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. 8. If, after the expiration of this lease, the Tenant shall remain in possession, then such tenancy shall be regarded as a mon-to-month tenancy, at a monthly rental , payable in advance, equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. 9. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Landlord may, without being obligated to do so, and without terminating this lease, retake possession of the said premises and return the same for such rent, and on such conditions as the Landlord may think best, making such changes and repairs as may be required, giving credit for the amount of rent to received less all expenses of such change and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the q •- 'SUS liv liSJ term of this lease. 10. The landlord acknowledges receipt of a deposit in the amount of$ 600 .00 to be held by Landlord for the faithful performance of all of the terms, conditions and covenants of this lease. The Landlord may apply the deposit to cure andy default under the terms of this lease and shall account to the Tenant for the balance. The Tenant may not apply the deposit hereunder to the payment of the rent reserved hereunder or the performance of other obligations. 11. At the Landlord's option, it shall be deemed a breach of these lease if the Tenant defaults(a)in the payment of the rent or any other monetary obligation herein; or (b) in the performance of any other term or condition of this lease. The Landlord may elect to cure such default and any expenses of curing may be added to the rent and shall become immediately due and payable. In the event that the Landlord elects to declare a breach of this lease, the Landlord shall have the right to give the Tenant three(3) day written notice requiring payment of the rent or compliance with other terms or provisions of the lease, or delivery of the possession of the premises. In the event any default remains uncorrected after three(3) days written notice, the Landlord, at Landlord's option,may declare the term ended, repossess the premises, expel the Tenant and those claiming through or under the Tenant and remove the effects of the Tenant, all without being deemed guilty in trespass or of a forcible entry and detainer and without prejudice to any other remedies to which the Landlord may be entitled. If at any time this lease is terminated under this paragraph, the Tenant agrees to peacefully surrender the premises to the Landlord immediately upon termination, and if the Tenant remains in possession of the premises, the Tenant shall be deemed guilty of unlawful detention of the premises. The Landlord shall be entitled to recover from the Tenant all damages by reason of the Tenant's default, including but not limited to the cost to recover and repossess the premises, the expenses of reletting, necessary renovation and alteration expense, commissions an the rent for the balance of the term of this lease. 12. In the event of any dispute arising under the terms of this lease, or in the event of non-payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevailing is such dispute shall be entitled, in addition to other damages or costs, to receive reasonable attorneys' fees from the other party. 13. In the event any payment required hereunder is not make within(10)days after the payment is due, a late charge in the amount of five(5%) of the payment will be paid by the Tenant. 14. In the event of a condemnation or other taking by any goveiny,mutal agency, all proceeds shall be paid to the Landlord hereunder, the Tenant waiving all right to any such payments. 15. This lease is made with the express understanding and agreement that in the event the Tenant becomes insolvent, the Landlord may declare this lease ended, and all rights of the hereunder shall be terminate and cease. SHOULD ANY PROVISION of this lease violate any federal , No . 1044 .aev . 12,36 MIS 177 � :.:...., ., state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply. This lease shall be binding on the parties, their personal representatives, successors and assigns. When used herein, the singular shall include the plural , and the use of any gender shall apply to both genders. ADDITIONAL PROVISIONS / ) Attest: gttLi i r�-lre_1 1-,/?, ./ ree / / J ) ri.i 17 , 1 .? 1_ Attest: %77i it/c1 �-^r;2v 1,2 _ / 5 - 1c.1yvh GUARANTEE For value received I hereby guarantee the payment of the rent and the performance of the covenants and agreements by the Tenant in the within lease covenanted and agreed, in manner and form as in said lease provided. Dated: ASSIGNMENT AND ACCEPTANCE For value received ,assignor hereby assigns all right, title and interest in and to the within lease unto assignee, his heirs and assigns, with the express understanding and agreement that the said assignor shall be and remain liable for the full payment of the rent reserved and the performance of all the covenants and agreements made is said lease by the Tenant therein named, and will pay said rent and fully preform said covenants and agreements in case said assignee shall fail so to do; and in consideration of this assignment, the said assignee hereby assumes and agrees to make all the payments and perform al the covenants and agreenents contained in said lease, by the Tenant ._ .. therein agreed to iibe made and performed. o . 1C44 .:lev . 1 �.J:J . BUJ�......�..4 ._AJF, �rR Fes.. i9 'z,c;,, 4/ Dated: CONSENT OF ASSIQMSIT Consent to the assignment of the within lese to is hereby given, on the express condition, however, that the assignor shall remain liable for the prampt payment of the rent and performance of the covenants on the part of the Tenant as herein motioned, and that no further assignment of said lease or sub-letting of the premises or any part thereof shall be make without further written assent first had thereto. Dated: LANDLORD'S ASSIGNMENT In consideration of One Dollar to tim in hand paid, I hereby transfer, assign and set over to and assign m' interest in the within lease, and the rent therein reserved. Dated: 5 6t C,L J DPSBVD00 V_k'`°+ A DPLUMEN'. Page I c; Y HEREFORD SALOON 02-27-91 Line 1 to __ i < 1 2 3 • V • 5 6 7 • > Carol , I checked our files for the Hereford Saloon and found one liquor violation . This involved a mother, Carolyn Ragsdale , who complained that her son Chris had come home intoxicated one evening after a fire department meeting and said he had 2-3 drinks at the Hereford Saloon . She wanted to make a phone report for future information purposes only and refured to prosecute in any way . The bartender was not identified . The case was refered to A. D .A . Morrisy who advised not to file this case because of lack of cooperation from the witness . No fruther action was taked by the Sheriff ' s Office on this case . Otherwise, no other problems . Case # 900216001 . ( Just over one year ago . ) If you have any other questions , Please call me at ex . 4649 . PF1=Help 2= 3= 4=Main Menu 5= 6=Fast Path PF7=Backward 8=Forward 9= 10=Left 11=Right 12=Quit ___> O-O01 4B II I ° } " 1217 -- '12165453 12/19/88 16:18 $9 /003 1 4 5 'r` • 1.1 �t 1, �>ad�F AR216 S45j F F 0596 ANN FEUERSTEIN CLERK 6 RECORDER CO,C CO srkTslte,si ll.rTMf t a�wt `Ht ij••iir^:'' ER2212060 - f0- a 1 n" s 4`✓ ties '.,f.J,;q Tins DEED, Made this day of December , is 88, 't '" laq �tiryyy'' !u' pd °J, . t+ bMwren --CHARLES E. NUSSBAUM and ,+ sa' DOROTHY LOLA NUSSBAUM aka DOROTHY L. NUSSBAUM ,; ?2: —_-- i , ^i � I < q•e Docurrentary Foe . ,�!{; 11' IC` lot'.) of the County of weld and State of Colorado, $ l) '�Q E ..—...----- x ��f Y� of the first part,and __ZANE PAVLICA-- also known as s•1'•� *hI ZANE NICHOLAS PAVLICA--- t :.*,,f' ' of the County of weld and Slate of Colorado,of the second part: ,t That the said urti e5 of the first part,for and in consideration of the sum of good t WITNRSSETH, P 9 • DOLLARS, and valuable consideration and Ten and no/100ths ,. ail' to the said part ie5 of the first part in hand paid by the said part y of the second part,the receipt whereof is # hereby confessed and acknowledged,ha e granted,bargained,sold and conveyed,and by these presents do `o ,y grant,bargain,sell,convey and confirm,unto the said party of the second part, hi S 4c- helm and assigns forever, all the following described lot or parcel of land,situate,lying and being in tha 1 S' ^ County of Weld and State of Colorado, to-wit: '+: A c ' . . See Exhibit A attached hereto and incorporated herein by reference r: 4 .,.. {':: t t7, also known as R.E.C. Lanes, Hereford, Colorado 80732 am* 8%0i ' 6 uD _. *** THIS DEED BEING RE-RECORDED TO CORRECT NAME OF GRANTEE.c dm V ' B 1262 REC 02212060 04/27/90. 12:03 515.00 1/003 i F 0750 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO. CO aF ≥h... . ,../.4f.%' f '.•.'1. .1 }i, r ;100' I M b L y'. 1 ✓ r` TOGETHER with all and singular the hereditament, and appurtenances thereto belonging, or in anywLa appertaining,and the reversion and reversions, ',tinder and remnlnden,rents,lines and profits thereof;and all s - the estate,right,title,Interest,claim and demur mummer of the said part ies of the lint part,tither In law ! ,g _ or equity,of,in and to the abort Nrgalnad promises,with the heraiitamente and apWrteoantes. a Na 481. MaaaaMTT a 4 i } -.. 'r + •1 — Exhibit D — st• n� Af�,/,' Y£�t u'+9 t+ `x Xi, Y �>.'t1»r `�'"N ` B 1219 REC 02165453 12/19/88 16:18 89.00 1/003 tt I7, l� �"rsy,. �#;! � " F 0597 MARY ANN FEUERS7'EIN CLERIC b RECORDER WELD CO, COyxq`�(� i....... ;[ 1 .., .. Y,,.. Ir y. t'.' t i r,a rt"� TO HAVE AND TO HOLD the said premises shave bargained and described, with the appurtenances, unb the •y heirs mad assigns forever. And the said parties of the first part, nq§�$t 4«. tl 4.*' said party of the second part, ; + and adminirtratoro, do cevenant, grant, bargain end agree to end with h r aS n y `j sir t for ftrnwel Y /heirs, exeeutor� and delivery of i]T' t hr the said ar ny gof lha amonJ art, h i5 hmrs and, asei s, that aL •[he time of the eneca8ng &y{". remises above conveyed, as of good, sure, perfect, absolute end •,yTt �. *'T[: theca presents are well eeixed of the p ,:fit to Wq and ha ood ri ht,full power and lawful autheray to r+ {c'tYT {; Indefeasible estate of inheritance,in law, in fee simpic, V e a g end that the scone are free and ) yyaf yti � 'ti if •r'y grant, bargain, sell and convey the some in •nmmer and [m'rn as aforesaid, ' ,,.t4' clear from all former and other grants, bargm, ales, 1'mw, taxes, assessments and encumbrances of whatever -14. ',+�pyg.� 1' i „ e j l Yl ,^ ._.�4 �..y s �1 "'+� kind or nature sassier., except those e. amen Cs and rights of way of record or �'. �a'+t ;� which may be determined by inspection. .fir r� +Ii.F'rt;,. t 15.00 2/003 y�.{r i•, B 1262 REC 02212060 04/27/90O t t r f � �• F 0751 MARY ANN FEUERSTEIN CLERKK & >6 RECORDER WELD CO,Cr , r + is ]t t y and the above bargained premises in the quiet and peaceable possession of the said part y of the second part, h is heirs and assigns against all and every person or persons lawfully claiming or to claim the whole or any i , /t',I' t part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND. s1 ,: of the first part hap o se and S ' i IN WITNESS WHEREOF,the said part leg a hereunto t Uetrb "• r* and Beal S the day and year firs[above written. ,� a t (.;./w: -....,.e./n„4,t ea_m_ [SEAL] Signed. sealed and Delivered In /he Presence of C/hartes El Nussbaum Nuss�ba um t1Lirer/�y'Ka yi)"`adoraay.l [SEAL] r- . Dorotity Lola Nussbaum aka v Dorothy .L. Nussbaum [SEAL] T. ', ... ... . .. .. ... /,ta-s/7.--/ STATE OF COLORADO, I Be. ,f M County of Weld ''il. , The fo Qing in�strument 'w'a``s acknlIowledgtd before me,th11ss I1 r e-k• (UP at December , 1988,br u�'w.rk1S L. IVI.ISSLi�n4 (_134,- vNt{ .e iUlisstj0.ust+ a.64,- Lent-km `_ NKSSIOG.tt t I ' ,19 .Witness my band Ind official feat r; . My wmmWlon expires W�[4 Qti +' } s.„.—, , .1C:\ :.'...! t ...:. .4,: c 'f �el ( LAJUN2 S 1 ee„4S r ,'. , g i >I 4 I . r ; ` I 1 I r , i • : 1:,..r.0.91,.....- a @ " d I i I i f' c. 0 o i l I a 9 w r a i I !� s '.i o 5 w z Y �i o ll T i �4 I a (a 8 w r A < i s ' b ' �t.. $ � a � I 11, iii' tLI ` 3 z i ..13. i4 `�71,f. i i ti p�tl I i e f: 3i w i .6 W 1 W 7,a ,+ X F X1 ( i�a ° NN L EUERSTF7N CLERK fi 12'iCOI2DI3R WELD CO, CO , r F 0752 IAP�" >, "4 tS +'i A Y -'; tit "l eN -V, - B 1219 REC 02165453 1:/19/CL 16:10 ER WE 3/003 r. ry it , '�` tcE K"j,�.n.:) .• F 0590 MARY ANN FEUERSTIiIN CLERK 6 RECORDER WELD CO, CO ��``a�,c�..s,.t•�,1+'tr 4`h rt I t ,.;. 'Pep; � � 5 ,i < r1 cC { kK .T ' '.e}'T 'r yy N r t to r ' tea,6' �''~. .-„4 ,•,-;:,.:u5, ,,,,- PARCEL 41 {,CTrf�u s A tr et of land in the Northeast ;nnut< r (NEl/41 of the i! ,{ i Northhesl. Ounrtor (NWl /41 of sect ion Thirty-four (34) , Township �st>, rLeafr tit I - Twelve ( 12) North, Range sixty-to (62) West of the 6th P.M. , pit ;f . { ; 1 . - Couul y of Weld, Slate of color.,.h , desrrihed ,{ti f .l l,,wr;: v lik,,I ;,- r5 f� I . Commencing al Ih . North cat corer- (\'I( r ,or) of said Section 34; 1 i thence south 09 Degrees 1' hest along the Noith line of said Y tt. 1,. i i' 4• �11 1 i r 1 •"; Section 34, 1,741 .111 ! rl.; ..y 1 . .hence South 0 Degrees 07' Rasl_ 311.110 fr el to the Trne Point of 1h 1'., ieg inns ng; 1 'rlf,/I�i tl r hence Soul-h 0 Degrees 07' East , 125.00 feet ; y r � hence South 09 Degrees 59' Wes! , 760.00 feet ; , ri hence North h 0 Degrees 07' West , 12- feet ; .hen.,• North 119 Degrees 53' Fast., '-t0.00 feet to the True Point of Beginning. r 1 , d!! PARCEL 42 r3 r All that portion of Section Thirty-four (34) , Township Twelve . ( 12) North, Range Sixty-two (62) {Vest of the 6th P.M. , County of .'': Weld, State of Colorado, more particularly described as follows: 'I - Beginning at a point South 0 Degrees 07' East, 30 feet from the Section Line between Sections 27 and 34, Township 12 North, Range 62 West of the 6th P.M. , and 2,691 .4 feet West of the Northeast Corner (NE Cor) of said Section 34, measured along the Section Line which Point of Beginning is on the South right-of-way line of the County Road; thence South 0 Degrees 07' Fast , and at right angles to the tiS,• County Road, 125 feet; thence South 09 Degrees 53' West and parallel to the County Road 50 feet to a point; thence North 0 Degrees 07' West, 125 feet to a point in the South . � right-of-way line of said County Road; ""' 2 .•i. thence North 09 Degrees 53' East, 50 feet along said right-of-way 2;.. ._ line to the Point of Beginning. t.., j r : r ,, 1 "R T -(,• i r rr+ 1 --, oe,A,' tl Nor 12' • B U Y E R (S ) CLOSING STATEMENT Prepared by STEWART TITLE OF GREELEY, INC. 916 10th Street Greeley, Colorado 80631 ( 303) 352-4571 Seller(s ) CHARLES E. NUSSBAUM DOROTHY LOLA NUSSBAUM Buyer(s) ZANE N. PAVLICA Lender Property NE4NW4 34-12-62 PT 34-12-62 Closing date 12-.15-88 File Number 88011364 SALES PRICE 50, 000 . 00 PLUS CHARGES: SETTLEMENT OR CLOSING FEE 37 . 50 PAYEE: STEWART TITLE COMPANY RECORDING FEES DEED $ 6 . 00 RELEASE $ 44 . 00 6 . 00 STATE TAX/STAMPS DEED $ 5 . 00 5. 00 TOTAL CHARGES 48 . 50 SALES PRICE PLUS TOTAL CHARGES 50, 048 . 50 LESS CREDITS : DEPOSIT OR EARNEST MONEY LAMBDEN 50, 000 . 00 PRORATED TAXES ON M 125 . 92 COUNTY TAXES 01-01-88 TO 12-15-88 2,616 .67 TOTAL CREDITS 52, 742 .59 BALANCE DUE TO BUYER 2 , 694 .09 The above statement is approved the settlement date above shown and Stewart Title of Greeley, Inc. is hereby authorized to disburse the funds as indicated above. Personal Property Taxes are not a part of this settlement unless set out herein. Seller acknowledges receipt of the amount set out above. Stewart Title of Greeley, Inc. assumes no responsibility for the adjustment of Special Taxes or Assessments or for the exception of these items in the conveyance unless they are shown on the Treasurer' s Certificate of Taxes Due. It is understood by the undersigned that Stewart Title of Greeley, Inc. assumes no responsibility as to condition of title_ unless Title Insurance being issued by said title company simultaneously herewith. BROKER BUYER 7,—)- 1. y� L ` BUYERI 1 STEWART FITLE OF G ELEY, INC • by V ;scrowzOff cer 91.01.5:7; FILE enPY STATE OF COLORADO ) ss . AFFIDAVIT County of Weld ) CHARLES E . NUSSBAUM and DOROTHY LOLA NUSSBAUM , each being first duly sworn , upon oath depose and say : That CHARLES E . NUSSBAUM and DOROTHY LOLA NUSSBAUM are the owners of those certain business establishments known as R . E . C . LANES , including also the HOMESTEAD SALOON , and R. E . C . LANES CAFE AND LIQUOR , located at Hereford , Colorado , which is the subject matter of one certain Agreement to Purchase , wherein said CHARLES E . NUSSBAUM and DOROTHY LOLA NUSSBAUM are the sellers , and ZANE PAVLICA is the purchaser. That for the purposes of compliance with the Bulk Sales Law in 1973 Colorado Revised Statutes , as amended , the said CHARLES E . NUSSBAUM and DOROTHY LOLA NUSSBAUM state they have the following creditors : ( 1 ) Weld County , Colorado ( personal property taxes , 1988, due and payable in 1989) . ( 2 ) Miscellaneous telephone and utility bills . ( 3 ) Indebtednesses owing as set forth in Title Commitment issued by Stewart Title Company of Greeley which they agree to pay . ( 4) There are no other creditors . That CHARLES E . NUSSBAUM and DOROTHY LOLA NUSSBAUM will timely pay the miscellaneous utility obligations , and will save ZANE PAVLICA harmless from any claims thereon ; and , that all indebtednesses recited in said Title Commitment , to be assumed , are current . (CharlesNussbaumj (Dorothy Cola PTussbaumj Subscribed and sworn to before me by CHARLES E . NUSSBAUM and DOROTHY LOLA NUSSBAUM , this _ day of December , 1988. WITNESS my hand and official seal . My Commission expires : Notary Public WAIVER ZANE PAVLICA accepts said Affidavit by CHARLES E . NUSSBAUM and DOROTHY LOLA NUSSBAUM and waives the strict compliance by said sellers with the provisions of said Bulk Sales Law. (Zane Pavlica ) "2/..01:31; nussbaum. aff ROBERT C. BURROUGHS, P. C. ATTORNEY AT LAW 1185ECONDAVENUE-AULT.COLORADO 80810 303834-1333 February 20, 1991 Re: Zane Richard Pavlica Application for 3.2 Beer License Herford, CO. To Whom It May Concern: Zane (Richard) Pavlica purchased the property for which the original license was requested for his son Zane (Nicholas) Pavlica, a minor, in December 1988. Title was conveyed to "Zane Pavlica." Richard, at the time he applied for a license at the premises, without thinking of the possible ramifications of the matter, indicated that the premises were "owned" by the applicant. The matter of ownership of the real property has come up in another context, and in reviewing Richards papers, I observed that he had referred to the property for which he was seeking to renew his license as "owned" was not correct. Since his son, Nicholas, is now eighteen years of age, I advised Richard that he should re- quest a lease of the property from his son, and disclose the error of his applic- ation and prior renewals. Richard has advised me that at the time he purchased the property for his minor son, he was unsure of his life expectancy, and without seeking legal advise, had the property placed in his son's name, although the middle name of his son was not placed in the deed as originally recorded. He has since re-recorded the deed reflecting his son's middle name. Attached are copies of the deeds, and closing statement for the purchase. F,.41 ` .. 9 p 556 983 119 RECEIPT FOR CERTIFIED MAIL NO NOS FOP MT6FNAT ONAP MA DE0 (See Reverse) Zane R. Pavlioa Homestead Saloon VCR 136 CO 80732 Hereford, —Certified Fee IIIIIIII Spec ial Detrvery Fee IIIIIIII Restricted Dekvery Fee IIIIIIIIII owm e and Pt showing ered le whom and Dale Deliv t to how9 Ic whorym IIIIIIII m adt s 1 o f Date.and ReoAddress o d Return �• t OTAI Postage and�n ees p Postmark or Date co cn C.7.\A LL /. NI o SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. •'Complete items 3,:and 4a & b. following services (for an extra • Print your name and address,on the reverse of this form so fee): that we dan return this card tq yqu. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece, or on the back ifiepace does not permit. 2. ❑ Restricted Delivery • Write "Return Receipt Requested" on the mailpiece next to the article number. Consult postmaster for fee. 3. Article Addressed to: 4114, Article umber Zane R. 4b. Service Type PavlHomestead Saio 7❑r�R,,egistered ❑ Insured Homestead Sal000 n ta/t.ertified ❑ COD WCR 136 Hereford, CO 80732 Express Mail ❑ Return Receipt for Merchandise 7. Date of Delivery 5. Signature (4ddresseel S. Addressee's Address(Only if requested I/a �� and fee is paid) 6. Signature ly7 ( 3 (Agent) 13/41 PS Form 3811, October 1990 *u.s.GPO:1990-27&881 DOMESTIC RETURN RECEIPT �III �gi Hello