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HomeMy WebLinkAbout900442.tiffRESOLUTION RE: APPROVE CHANGE OF OWNERSHIP REQUEST FOR HOTEL AND RESTAURANT LIQUOR LICENSE ISSUED TO GRAY'S CAFE 7, INC., D/B/A GRAY'S CAVE - EXPIRES MAY 21, 1991 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, Gray's Cafe 7, Inc., d/b/a Gray's Cave, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Change of Ownership of a Hotel and Restaurant Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said license previously held by Stenner J. and Patti L. Carlson, dba Inn of Longmont, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II, C., said applicant has paid the required fees to the County of Weld for a Change of Ownership of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3815 Highway 119, Longmont, Colorado 80501 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 90-11 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 and Recorder, of Weld County, Colorado, which license shall be in effect until May 21, 1991, 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. e ooiy (e, SO Zva. y 900442 Page 2 RE: CHANGE OF OWNERSHIP - GRAY'S CAVE The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of May, A.D., 1990. ATTEST: Weld County Clerk and Recorder and Clerk to the Board eputy County Clerk APPROVED AS TO FORM: County Attorney BOARD O7 COUNTY COMMISSIONERS WELD NTY, COLO,•DO K Gene R. Brantn C airman Ge:rge K nnedy, ro- em EXCUSED Constance L. Harbert 900442 �ta4®Off CDI© (JO @aift Off I W I W® Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 GRAY'S CAFE 7 INC GRAY'S CAFE GRAYS CAVE 3815 HWY 119 LONGMONT CO 80501 Alcoholic Beverage License Account Nuiy„ '.." Ind** Two L Ov Indust 4Wi&fate UCENSE EXPIRES AT MIDNIGHTMIDNIGHTeounb 10-68338 07 206 5813 3 052290 MAY 21, 1991 Type Nan. uM Desaiption d Licenr Re G HOTEL AND RESTAURANT LIQUOR LICENSE $ 50.00 COUNTY 85 PERCENT OAP FEE $ 276.25 C A.M.. ')L. TOTAL FEE(s) This license is issued subject to be laws of the State of Colorado and especially )order the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is non- transferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Divison, 1375 Sherman Street, Denver, CO 80261. In testimony whereof, I have hereunto set my hand. tiath Division Director DR 8402 (3-88) MAY 2 2 1990 STATE AND COUNTY LICENSES WERE PICKED UP BY ON MARCH 23, 1990. Executive Director THIS LICENSE EXPIRES DRS. 1555 (Rev. 10/33) 3.2: BEER AND LIQUOR LICENSE APPLICATION STATE OF COLORADO 1CUMENTS CHECKLIST AND WORKSH' .DEPARTMENT OF REVENUE LIQUOR ENFORCEXENT DIVISION INSTRUCTIONS: This checklist MUST be completed by the applicant and the local licensing authority, and submitted with all necessary documents. ALL documents must be properly signed and correspond with the name of the applicant exactly. Copies (other than application) may be accepted if signatures are legible. ALL documents must be typed or legibly printed in BLACK INK. Upon final State approval, the license will be mailed to the local licensing authority. TYPE OF APPLICANT (check one): r---1 Individual I Partnership (Corporation NAME OF APPLICANT: nG fLq \I C A c-i . G =7) 4- tJ TRADE NAME: R p,I 5 C) PLEASE CHECK ALL APPROPRIATE BOXES Applicant Local State Documents I. APPLICATION OR ADDENDUM I -C IL4. 1=i* A. Original (green or yellow), not a copy }Z: hZ1 I_I* B. Complete all appropriate sections Ii" 11 1_I* C. Sign application I 11 IN D. Attach appropriate fee II. PROOF OF PROPERTY POSSESSION I_I I I I_I* A. Deed (or) I ICi 1_I* B. Lease (or) Mr,11 1. Lease must cover entire license period (minimum one year) 1 I I-1 I —I* C. Lease Assignment I —I I I-1 1. Acceptance of applicant I I II II 2. Consent by landlord I_1 Ii II D. All possession documents must be signed 1.1 j- I_I* E. Floor diagram of premises to be licensed (maximum size 8 1/2" x 14") III. FINANCIAL DOCUMENTS II 1 1 II* A. Purchase agreement or stock transfer agreement jar ter II B. Affidavit on source of all funds invested (Continued on Reverse Side) 900 442 Applicant Local Stag: Docun— -s 1 I I_1 C. Notes or loans (i.e., assumed, banks, previous owner, etc.) 1 1 I_1 1. Applicant may not have any unlawful financial interest in any other licensed establishment • 1.‘r- VI IZI IzI 1 I -I * I I 1 1=1 I1 I -I * I--1 I=1 I_I * I S I-1 I=1 I_I 141- II I=1 I_I 1_i' I=1 1=I IV. BACKGROUND INFORMATION A. Individual History Record(s) (form DRL 404-I) B. Fingerprints taken and submitted V. MANAGEMENT (if other than applicant) A. Manager Registration Form (form ORL 367) 7. S7 :g fee iseluired only if Hotel ana Restaurant license B. Written management agreement (or) C. Affidavit describing duties, limitations and compensation VI. CORPORATE DOCUMENTS (if applicable) A. Certificate of Incorporation (or) B. Certificate two years old tfoStanding if corporation is more than C. Certificate of Authorization if foreign corporation D. Articles of Incorporation E. Minutes of meeting electing current officers F. Stock certificates (100% of issued stock) G. List stockholders directors of parentcorporation(ifapplcabl VII. PARTNERSHIP DOCUMENTS (if applicable) A. Partnership agreement (general or limited) 1. Not needed if husband and wife B. Dissolutionment of partnership (if applicable) VIII. ADDITIONAL LOCAL REQUIREMENTS I I I A. B. DR 840445/89) polo. Dept. of Revenue Colorado Liquor Enforcement Division 1375 Sherman 80261 Liquor License Application IMPORTANT: For those retail licenses described in Column A below, this application and all WITH, AND APPROVED BY, THE License Issued Through (Expiration Date) Use License Account No. for all reference supporting documents must FIRST BE FILED IN DUPLICATE LOCAL LICENSING AUTHORITY (CITY, TOWN, COUNTY). Applications will not be accepted unless all applicable questions are hilly answered, all supporting documents correspond exactly with the name of the applicant(s), and proper fees are attached. LIABILITY INFORMATION You may attach separate sheets or additional documents if necessary to fully complete this CountyCity Industry Type Liability Data application. All documents must be typewritten or legibly printed in black ink. Form DR 8404-I, 'Indvidual History Record' must be completed and filed in duplicate by the following: -: FEE PAID • All Cash Fund State City': County • Each applicant general partners • All officers/directors of a corporation • Over 5% limited partners 66-/:: 414 :37.1: -:49.1 • All stockholders of a corporation not subject • Managers to the Securities and Exchange Act of 1934 • Each person required to file form • • Over 5% stockholders of a corporation subject DR 8404-I must submit fingerprints Securities and Exchange Act of 1934 to the Local Licensing Authority. Mgr Reg .. Ext Mrs Ext Mrs to the TOTAL NOTE: License status will not be given over the telephone. License will be mailed by the Liquor Enforcement Division to the Local Licensing Authority upon issuance. ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN APPLICANTS FOR BRAND NEW LICENSES, OR TRANSFERS OF OWNERSHIP MUST CHECK THE APPROPRIATE BOXES BELOW IN EITHER COLUMN A OR COLUMN B AND MUST ALSO CHECK EITHER BOX (18) OR (19), 41 °- 9 (3) COLUMN A STATE FEES 41,-9 (3) COLUMN B STATE FEES 18 0 Application Fee for New License $250.00 19 ❑ Application Fee for Transfer of Ownership 250.00 18 0 Application Fee for New License $250.00 19 ■ Application Fee for Transfer of Ownership 250.00 20 0 Retail Liquor Store License - City 202.50 20 ❑ Retail Liquor Store License - County 287.50 21 0 Liquor Licensed Drugstore - City 20250 21 ❑ Liquor Licensed Drugstore - County 287.50 22 ❑ Beer & Wine License - City 177.50 22 ❑ Beer & Wine License - County 262.50 23 Hotel & Restaurant Lie. 0 City ■ County 326.25 24 Hotel & Restaurant Lic. ■ w/Optional Premises ❑ City County 326.25 25 ❑ Club License ❑ City ❑ County 135.00 40 ■ Tavern License ❑ City ❑ County 32625 41 ❑ Arts License ❑ City ❑ County 135.00 42 0 Racetrack License U City • County 326.25 45 • Optional Premises Lic. ❑ City 0 County 326.25 ❑ Extended Hours - Special License 170.00 26 0 Public Transportation License each $50.00 27 0 Manufacturer's License -Brewery 275.00 28 0 Manufacturer's License -Winery 275.00 29 0 Manufacturer's License -Distillery or Rectifier 1025.00 31 ❑ Wholesale Liquor License (Vinous & Spirituous) 1025.00 32 0 Wholesale Beer License (Malt Liquor) 525.00 37 ❑ Importers License (Malt Liquor) 275.00 38 0 Importer's License (Vinous & Spirituous Liquor) 275.00 43 ■ Limited Winery License 45.00 44 ■ Nonresident Manufacturer's License (Malt Liquor) 275.00 1. Name Applicant(s): If partniplhip, list partners' names (at least two); if corporation, name of corporation: ` /"s -2--27-9d (7,4 9i f 7 ��L.c Date filed with Local Authority: 1a Appltgant is a: / Corporation ❑ Individual ❑ Partnership ❑ Other (specify) F.E.I.N.: 2. Trade Name f Establishment: DBA) 6,249 1 (j4 -re 6a►kc G9' -t-- StateSales Tax No.: .4Plt/L, lot Social Security No.: 3. Address of Premises:(Specify exact location o premises. Diagram of premises must accompany this application.) Business Telephone: 3 ‘3-7--2666 Code: Pa�o/ - 94-5‘,3 ./r a-ty- ,y/o-way i/20.A._ -‘-p7-2 c--,---7-- � m' to /v r L o ,4.Gi(-,r4.,G.✓r 4. Mailing Address: (Number and Street) P d. /3Ox' orE 7 City or Town: /.ptilr/r-+-4T State' CO Lp Code: (f-oso / 5. If this is a transfer of ownership or renewal application, you MUST answer the following questions about this business: Present Trade Name of That Establishment (DBAv ' ,.L,of% c -.-& o Present StateStateLicense No.: Jy — ) 9,c/? Present Type of License: Ron! /r_ST C Present Expirat n Date: &CT. /J1/ /99C el 900442 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 ` l 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? (e) had interest in an entity that had an alcoholic beverage license suspended or revoked? If 'yes; explain in detail on separate sheet. r—, 9. Has a liquor license for the premises to be licensed been refused within the preceding two years? If 'yes; explain in detail. 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) kri 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. 9rr£ Cove Ofi;Gt2j ?a'tic 2 *J OL Q, -z j' .5- Ca/AC , /,t -G ,9c H.4fa Tye Oitiate- 4'Oia t&ico O, 098 ¢ y',8 .2. ?/J +'o 6 czq'j.j 09n G //t -C. WNi ey c7c7, ,C at40e . 0 c, 71c. /ZS Lids*-- t/l z6 Gem 7, ,iron - A .G£tit �e1 12. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. %�If leased, list 1` name and address of landlord and term of lease: 4."7 A.9 ago a .f rrNtiSA ercifo' — / �'a• 69-4t.un.. Mtn, ofi A- 4.s.t es 3 frs nj Texo". "hi, // /19° "-'7* ,r,r ' ' -Vey s/i/byw9`7 //9J 11sri�' .2 cD-ietGvr tn,t Soer,c .arttaiO p C'.t . 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 INTEREST ^ 6,4_..9 (11V -4. -(11V -4.-a/ //�-c /ADDDRESS /99 1 ' '7efi,�Ji , i,.zGa9� / -7X/r/a Ct;C ``.1//t5- 2 _I t • cffo/ O, C.eza,/ G? -35 /lop f Ooao -* • .Uict isty‘ Ldri.et KC ftf7 /oa c1 -C- C- 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 Sal /Usrre?u, 6 . fey got padre ,? A7d &sf L'c 0�/o9 722 Lv.f/J£4/ c&rlC J i rno��D C 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. C4, Page 2 of 4 900442 „®42 15. - LiquorLicensed Drug Store applicants, answer the following: (a) Does the applicant fora Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? Copy must be attached. , /2/4 YES NO 16. Club Uquor License 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 dub? Note: Applicants must also answer question 20, parts (a) through (d), and (f), below. Ai ff 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. (e) 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. N/g 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. tiM 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 greaterthan5% interest Home Address, City and State Social Security 1f Date of Birth (b) On what date was the partnership formed? Attach a copy of the partnership agreement (except for partnerships consisting only of a husband and wife). Date: Page 3 of 4 900442 ZVt006 20. If the applicant is a corporation, answer the following: (a) Corporation is organized under the laws of the State of:a2422Q06 Date of Incorporation: / 2 .27 /FPO , '--fr+om (b) Out-of-state corporations, give date authorized to do business in Colorado: Al//l ry Cob. Se re eetaryof Aof state) (e) Date of filing last annual corporate report to the Secretary of State: N /4 (d) Name of each officer listed below: Home Address, City and State: Social Security s Date of Birth: w.eb.m: D/G,e 6-1.4y107 �Oob&L -Q, plOvsu-o t�0'% (e) Name all 5% or greater stockholders; include actual owner or pledgee Home Address, City and State % of stock Date of Birth: j_,/L,' &y 16ay f'Oaue S, /.az. ,v,.a, Cn /49` - (f) Name of all Directors or Trustees of Corporation: Home Address, City and State 6e /boy f oa6 Ave l , 21. Manager: OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and crrpp(ate to th best f my knowledge. A Lb lanais: ) INa Data: PORT AND A . ROYAL 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 )(X fingerprinted and inspection Transfer of Ownership NCIC and CCIC checked has been inspected by the by %ale) Local Other (specify): Licensing Authority. YES XX XX 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 Lkarsly Authorty for: Weld County, Colorado ❑ TOWN. CITY Ri COUNTY sp / T I.: Chairman Board of Count Commissioners ow: 5/14/90 Signature (' 4): • 1Ma: Clerk and Recorder Data: 5/14/90 If promises d cal ircialown or ,Me a the board of county commissioners and a clerk to the such approval should be given by such official. ve a ravel should be signed by the mayor and clerk, if in a county, then by the chairman of board. If, by ordinance or otherwise, the local leaning authority is some other official, then Page 4 of 4 CC UIEBCIAL LEASE This lease, made this -, day of . between Stenner Carlson and Fran Carlson (hereinafter referred to as "landlord") and Gray's Cafe 7, Inc., a Colorado Corporation, (hereinafter "Tenant"). WITNESSETH , _999, Landlord does herev lease to Tenant and Tenant hereby hires from landlord th^se certain premises situated in the County of Weld, State of Colorado, to wit: The dining room, kitchen, lounge, and meeting and banquet room portion of the Inn of Lonmont as more specifically set forth in a diagram attached and designated as "EXHIBIT A" also known as 3815 Highway 119, Longmont, Colorado 80501-9543. Said letting and hiring is upon and subject to the terms and conditions herein set forth and Tenant and Landlord covenant and condition by it and them to be kept and performed and that this Lease is made upon the condition of such performance. I USE 1.1 Purpose. The subject portion of the Premises at 3815 Highway 119, Longmont, Colorado are to be used for a restaurant/bar/banquet facility subject to zoning laws, and for no other purpose without the prior written consent of landlord. 1.2 Limitations. Tenant shall not use, or permit said premises or any part thereof to be used, for any purpose or purposes other than the purposes for which the said premises are hereby leased. Tenant shall limit live music on the leased premises to small groups that shall not perform at loudness levels that would infringe on the quiet enjoyment of the common areas or other areas not under lease by Tenant. 1.3 Compliance with law. Tenant shall not use the Premises or permit anything to be done in or about the Premises which conflicts with any law, statute, ordinance, or governmental rule or regulation now in force or which may hereafter be enacted or promulgated. 1.4 Signs. All signs shall be erected or installed only with the prior approval of Landlord. Tenant shall be permitted: to utilize a portion (representing approximately 33 per cent) of each of Landlords three "Billboards" located along Interstate 25; Landlords sign on the roof of 900442 stated premises; a portable sign located in the front parking lot of said promises; and potentially a sign may be erected upon the poles located in the bac:: lot of stated premises. Tenant shall pay one third of the monthly cost of each of the three billboards plus one third of the cost of the posters for each billboard. The total cost of the three billboards is $1,100.00 per month. The cost of each poster is $120.00 every two months. The cost of said posters may be decreased based upon volume purchase. 1.5 Tenant's Employees and Visitors. Tenant shall not permit any employee or visitor of the Tenant to violate any covenant or obligations of the Tenant hereunder. 1.6 Inventory. Tenant shall purchase inventory from the restaurant and bar subject to the following conditions: That stated inventory is unopened; that stated inventory is suitable for Tenants purposes and menu; and, that stated inventory shall be purchased at prices Tenant typically pays for same or similar items. II TERM 2.1 Term. The term ofhis lease shall be for three years, commencing on the / t day of /1-✓aC1, 1990 and ending on the /may of 19'93, unless sooner terminated as hereinafter provided. 2.2 Possession. Landlord warrants that they have good title to stated premises and that possession of same will be delivered to Tenant upon Tenants successful transfer of the liquor license of stated premises to Tenant. Tenant shall immediately apply to Weld County to have the liquor license of stated premises transferred into Tenants name. If permission is given to Tenant to occupy the Premises prior to the commencement date, such occupancy shall be subject to all of the provisions of this Lease. 2.3 Holding Over. Should Tenant hold over after the termination of this Lease, Tenant shall become a Tenant from month to month subject to each and all of the terms herein provided as may be applicable to such month to month tenancy and any such holding over shall not constitute an extension of the Lease. III RENT PAYMENT 3.1 Amount. Tenant shall initially pay rent in the amount of $600.00 per month for the lounge/bar and restaurant/kitchen areas. Said rent shall include the use of all equipment, fixtures, dishes, glassware, silverware and other items loc ted in such areas. Such rent shall he 900442 increased by 33 percent when dross sales ethe lounge/bar and restaurant/kitchen reach S18,000.00 per month. Such rent shall be increased by 33 percent when said gross sales reach 525,000.00 per month. Such rent shall be further increased by 33 percent when said gross sales reach $33,000.00 per month. Such rent shall be increased to $2,000.00 when gross sales reach $40,000.00 per month. The banquet room shall be rented to tenant for S35.00 per function. A book for scheduling banquet functions shall be kept at the front desk. Functions shall have priority by date booked. I.E. first booked have first priority. Tenant shall be responsible for setup and cleanup of banquet room specific to functions booked by the Tenant. Such rent of banquet room shall include tables, chairs, and other items currently in said banquet room. Additionally tenant shall provide personal liability insurance in the amount of $1,000,000.00 on the lounge/bar and restaurant kitchen areas or tenant shall pay percent of landlords personal liability insurance. Tenant shall also pay 10 percent of landlords monthly electric and water bill. Tenant shall pay its own gas which is separately metered. Landlord may be named as an additional insured with Tenant on such policy as their respective interest may appear. Certificates of insurance shall be provided to the Landlord as evidence that coverage is in full force and effect. Landlord shall be responsible for casualty fire insurance on the building and for any special assessments directed against said property. Tenant shall provide Landlord with monthly statements showing gross sales of the restaurant lounge for each months business. 3.2 Place. Said rental shall be paid to Landlord in lawful money of the United States of America at the offices of Landlord, at the leased premises, or to such other person or at such other office as Landlord may from time to time designate in writing. 3.3 Time of payment. Payment shall be made to the above stated offices on or before the 10th day of each month beginning with the month of and continuing each successive month throughout the duration of this lease. 3.4 Late Fee. If the rental payment, or any part thereof, is not paid when due, Landlord will be entitled to a late charge of 5 percent of the entire rent, which shall be added to the regular payment then due. A payment shall be late if not postmarked within 7 days of the date such rent becomes due. IV BUILDING SERVICES AND MAINTENANCE 4.1 Services. The Tenant shall maintain, replace or repair all equipment, and fixtures specific to the l onngn/har and rest niranh./ri tchen nra :. 900442 4.2 Maintenance. Landlord shall be responsible for maintainin^ the roof, structural design, ._rior walls, electrical, plumbing, heating, and air conditioning n_ on the premises. Landlord is also responsible for maintaining the parking area, exterior lighting, signs/billboards, and is responsible for sidewalks and for removal of snow and other debris from the exterior premises. Tenant is responsible for appropriate hookup specific to all equipment installed by Tenant. Tenant is responsible for cleanup behind the restaurant and around the dumpster area. Tenant is responsible to keep the plumbing clear and functioning from the grease trap to the main. (restrooms are landlord responsibility.) V CONDITION OF PREMISES 5.1 Condition. The Tenant by taking possession of the Premises, shall be deemed to have agreed that said Premises are then in a satisfactory order, repair, and condition. VI PREPARATION, ALTERATIONS, REPAIRS 6.1 Landlord Finish. Premises are acceptable and complete as is. 6.2 Tenant Finish. Tenant will affect no work or alterations on the Premises except as may be approved pursuant to written agreement signed by Landlord. 6.3 Alterations and Repair. The Premises shall not be altered, repaired, or changed without the prior written consent of Landlord. Tenant shall keep the Premises and building, of which the Premises are a part, free and clear of any liens and shall indemnify, hold harmless, and defend Landlord from any liens and encumbrances arising out of any work performed or materials furnished by or at the direction of Tenant. In the event Tenant shall fail to pay any lien claim when due or Landlord shall have to expend sums necessary to discharge the lien claim, Tenant shall pay as additional rental, when the next rental payment is due, all sums expended by Landlord in discharging any lien. 6.4 Ownership of Alterations. Unless otherwise provided by written agreement, all alterations or improvements of a permanent nature shall be done with the consent of Landlord, and shall remain upon and be surrendered with the Premises, provided, however, that, Tenant shall, at his expense when surrendering said Premises, remove from said Premises and from the building and grounds all nonpermanent fixtures, partitions, counters, railings, etc. installed in said Prc;m`.. s by Tenant. 900442 6.5 Surrend=r. Tenant shall, at th._=_rm:nation of this Lease, surrender the Premises to Lar._''_ rci in as good condition and raoair as reasonable and ororar use thereof will permit. Tenant shall reinstall any equipment of landlords that was removed during the coarse of the lease. In the event that the landlord shall supply new or other equipment similar to that removed by Tenant, Tenant shall install stated equipment if so directed by landlord. VII ASSIGNMENT OF PREMISES 7.1 Assignment and Subletting. Tenant shall not assign this Lease, or any interest herein, and shall not sublet the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents, and servants of Tenant excepted) to occupy or use the said Premises, or any portion thereof, without written consent of Landlord first being had and obtained. 7.2 Assignment by Landlord. In the event of a sale or conveyance by Landlord of the building containing the Leased Premises, the same shall operate to release Landlord from any future liability upon any of the covenants or conditions, expressed or implied, herein contained in favor of Tenant, and in such event Tenant agrees to look solely to the responsibility of the successor in interest of Landlord in and to this Lease. Any such sale shall be subject to this Lease and this Lease shall not be affected by any such sale. VIII DAMAGE TO PROPERTY, INJURY TO PERSONS 8.1 Generally. Tenant will hold Landlord exempt and harmless for and on account of any damage or injury to any person, or to the goods, wares, and merchandise of any person, arising form the use of the Premises by Tenant or arising form the failure of Tenant to keep the Premises in good condition as herein provided. 8.2. Damage or Destruction. In the event the Premises or the building of which the same are a part are damaged by fire or other casualty and insurance proceedings have been made available therefore by the holder or holders of any mortgages or deeds of trust covering the Premises, or the property of which the same are a part, the damage shall be repaired by and at the expense of Landlord, provided such repairs can be made within ninety (90) days after the occurrence of such damage. Until such repairs are completed, the rent shall be abated in proportion to the part of the Premises which is unusable by Tenant in the conduct of its business. If the damage is due to the fault or neglect of Tenant or its employees, or agents, there shall be no abatement of rent. Tf repairs cannothe made 900442 within ninety (90) days, either party may, by written notic> to the other, cancel this Lease as of the date of the occurrence of such damage. A total destr-.action of the building in which the Premises are locate; shall automatically terminate this lease. 8.3 Limitation of Liablilitv. Tenant understands that Landlord will not carry insurance of any :kind on Tenant's furniture and furnishings or on fixtures or equipment removable by Tenant under the provisions of this Lease and that Landlord shall not be obligated to repair any damages thereto or replace same. IX ENTRY BY LANDLORD 9.1 Entry of Premises. Landlord and their agents shall have the right to enter the Premises at all reasonable times for the purpose of examining or inspecting the same, showing the same to prospective purchasers or tenants of the building, and making such alterations, repairs, improvements, or additions to the Premises or to the building of which they are a part as Landlord may deem necessary or desirable. X CONSEQUENCE OF DEFAULT 10.1 Right to Perform. All covenants and agreements to be performed by either party under any of the terms of this Lease shall be performed by stated party at said parties sole cost and expense. If a party shall fail to pay any sum of money required to be paid by it hereunder, or shall fail to perform any other act on its part to be performed hereunder, and such failure shall continue for ten (10) days after notice thereof by other party, stated other party may make any such payment or perform any such other act. All. sums so paid by non obligated party together with all necessary incidental costs together with interest thereon at 18 percent shall be payable to the non obligated party by the obligated party on demand. 10.2 CONSEQUENCE OF DEFAULT Upon default by Tenant of any material provision of this lease the Landlord shall give Tenant written notice that Tenant shall cure said default within ten (10) days of receipt of such notice. If stated default is not cured within said time frame Landlord shall have the right to immediate possession of the leased premises and may accelerate instant lease and include in such acceleration the reasonable expenses Landlord may incur in reletting said premises. 10.3 Re -Letting. Should Landlord take possession pursuant to legal proceedings or pursuant to any notice 900442 provided for by law, he may either termi:•.ate this Lease or he may relet said Premises. Rentals rec;.i•:ed by Landlord from such re -letting shall be applied; first, to the payment of any indebtedness, other than rent, due hereunder from Tenant to Landlord; second, to the payment of any cost of such re -letting; and third to the payment of rent due and unpaid hereunder. 10.4 Termination. Notice of termination shall be given in writing. Notwithstanding any such re -letting without termination, Landlord may at any time thereafter elect to terminate this Lease for such previous breach. 10.5 Recovery of Costs and Fees. In any suit brought upon this lease the prevailing party shall be entitled to its reasonable costs and attorney's fees. 10.6 Interest. Any amounts not paid when due are to bear interest at 18 percent. XI PERSONAL PROPERTY TAXES 11.1 Personalty taxes. During the term hereof, each party shall pay prior to delinquency all taxes assessed against and levied upon its fixtures, furnishings, equipment, and all other personal propert of said party. The equipment of each party to this lease shall be listed by make model and serial number and attached hereto. XII EXCULPATORY PROVISIONS 12.1 Condemnation. In the event the Premises, or any part thereof, shall be taken by an exercise of the right of eminent domain or by action of any public or other authority during this Lease or any extension thereof, then this Lease shall terminate. The Landlord reserves all rights to damages to said Premises and the Leasehold hereby created, hereafter accruing by reason of any exercise of the right of eminent domain, or by reason of anything lawfully done and in pursuance of any public or other authority. Nothing in this paragraph shall give Landlord any interest in or, preclude Tenant from seeking, on its own account, any award attributable to the taking of personal property or trade fixtures belonging to Tenant or for the interruption of Tenant's business. XIII SURRENDER OF PREMISES 13.1 Surrender of Premises. The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger, but may operate as an assignment to landlord of any or all ac^roved subleases or u1 -)tenancies. 900442 XIV NOTICE 14.1 Notices. Any notice from Landlord to the Tenant or from the Tenant to the Landlord shall be deemed duly served if mailed by registered or certified mail, addressed to the Tenant at said Premises (or if a post office box is utilized by Tenant, mailed to said post office box) or to the Landlord at the place from time to time established for the payment of rent and the customary registered or certified mail return receipt shall be conclusive evidence of such service. XVI MISCELLANEOUS PROVISIONS 16.1 Rules of Construction. The words "landlord" and "Tenant" as used herein shall include the plural as well as the singular. Words used in masculine gender include the feminine and neuter. It there be more than one Tenant or Landlord, the obligations hereunder imposed upon Tenant or Landlord shall be joint and several. The titles to the paragraphs of this Lease are not a ?art o: this Lease and shall have no effect upon the construction or interpretation of any part hereof. 16.2 Time. Time is of the essence of this lease and each and all of its provisions. 16.3 No Option. Submission of this instrument for examination or signature by either party does not constitute a reservation of or option for lease. Said document is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. 16.4 Severability. Any provision of this Lease which shall prove to to invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. 16.5 Colorado Law. This Lease shall be governed by and construed pursuant to the laws of the State of Colorado. 16.6 Successors and Assigns. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns to the parties hereto' and all the parties hereto shall be jointly and severally liable hereunder. LIOUOR LICENSE 900442 17.1 Lease Conditional upon successful transfer of Liquor License. The parties to this lease recognize that there is currently a liquor license specific to the premises subject to this lease. It is contemplated that Tenant shall have stated license transferred in Tenants name. Upon signing instant lease Tenant shall immediately apply for and use its best efforts to obtain the transfer of stated liquor license. While the parties acknowledge that Tenant may commence to operate stated leased premises pursuant to an interim agreement between the parties prior to the successful transfer of said liquor license it is understood that this lease shall not become effective to bind the parties until said transfer of stated liquor license is effected. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the day and year first above written. LANDLORD TENANT GRAY'S CAFE 7, INC. BY: 900442 ADDENDUM TO COMMERCIAL LEASE THIS AGREEMENT is herey,made part of the Lease entered into on the 7 day of /r'4 -Z , 1990, between Stenner Carlson and Fran Carlson (hereinafter referred to as "Landlord") and Gray's Cafe 7, Inc., a Colorado Corporation, (hereinafter "Tenant"). For consideration of the aforementioned lease on the real property known as 3815 Highway 119, Longmont, Colorado, the Landlord does hereby grant a first right of refusal to the Tenant in the event the Landlord sells the subject property. At such time as the Landlord obtains a written offer which is acceptable at the sole discretion of the Landlord for the sale of the real property, the Tenant shall have thirty (30) days to,match any said offer. The right of first refusal shall last during the term of the Lease, or any lease option, as described below. The Tenant shall have the right to two three year options under the same terms and conditions as the original Lease all subject to all of the terms and conditions contained in the above lease. Tenant shall give Landlord (90) days written notice of his intent to exercise the option. Notice shall be sent by certified mail to the Landlord's address and deposited in the mail no later than ninety-three (93) days prior to the exercise of the option. In the event said property is sold, new owner(s) will be obligated to honor this aforementioned lease and addendum. LANDLORD: TENANT: G / C GRAY'S CAFE 7, INC., BY: 900442 _ zvvo®s .. _ I' I• • • • • • • .. dining room. CERTIFICATE OF GRAY'S CAFE 7, INC. COMES NOW the undersigned, being all of the officers and directors of Gray's Cafe 7, Inc., and Certify and State as follows: 1. That the dining area shall be in the area designated as dining room on the floor plan that was submitted. It is also anticipated that food will be served at tables in the lounge area designated as lounge on the floor plan. Additionally food will be served in the banquet room designated as meeting and dining on the floor plan. 2. Alcoholic beverages will be served in the,dining room, lounge area and meeting and dining room. 3. The kitchen area is located to the north of the 4. The applicant hereby certifies that the:;mealg_Lc - be served on the licensed premises will be prepared at. _ facilities under the exclusive management and control of the licensee, Gray's Cafe 7, Inc. 92; AND B RNATOW MARJI'BUSKIRK 900442 P.. GRAY'S CAFE 7, INC. AFFIDAVIT RE: SOURCE OF FUNDS, 25% OF SALES FROM FOOD, & STOCK OWNERSHIP. COMES NOW the undersigned, being all of the officers and directors of Gray's Cafe 7, Inc., and first being sworn upon their oath, state as follows: 1. That the source of all funds invested in Gray's Cafe 7, Inc., is Gray's Cafe 2, Inc. The total amount of such funds is $10,000.00 in the form of a line of credit. The officers, directors, and shareholder of Gray's Cafe 2, Inc., are the Billy Gray, Randy Bernatow, and Dick Gray. 2. Gray's Cafe 7, Inc., is applying for a Hotel & Restaurant License and hereby states that: meals shall be actually and regularly served and shall provide not less than twenty-five percent of the gross income from sales of food and drink of the business of the licensed -premises.__ 3. The total issued and outstanding stock of-uray'S Cafe --7, Inc., is 10 shares. Said 10 shares were issued to--Dick-Gray on April 3, 1990. THE AFFIANTS FURTHER SAYETH NOT. ANDY B RNATOW 7.' MAFUI £BUSKIRK 900442 SPECIAL MEETING CONSENT OF DIRECTORS AND SHAREHOLDERS OF GRAY'S CAFE 2, INC. Pursuant to the Colorado Corporations Code the undersigned being all of the directors and shareholders of Gray's Cafe 2, Inc., a Colorado Corporation herein after called the Corporation, acting at the call of the directors, hereby consent to and take the following actions, this 6th day of Aparil 1990. This special meeting is called by all directors and the sole shardholder of Gray's Cafe 2, Inc. The location of the meeting is 768 West Eisenhower Blvd., Loveland, Colorado 80537. Shareholder and directors hereby waive any notice of this special meeting. The President is presiding. The Secretary is -=acting as Secretary. :. ACTIONS TAKj3+ID ASSENTED TO: Gray's Cafe 2, Inc., agrees to extend to Gray's Cafe 7, Inc. a line of credit in the amount of $10,000.00 for purposes of establishing a bar and restaurant at 3815 Highway 119, Longmont Colorado. Terms of such line of credit are as follows: Any sums utilized by Gray's Cafe 7, Inc., pursuant to this line of credit shall accrue interest at the rate of 12%. Minimum monthly payment on such line of credit shall be at least 1/24th of the total amount outstanding at any given time. Gray's Cafe 2, Inc., acknowledges that the extension of this line of credit to Gray's Cafe 7, Inc., does not entitle Gray's Cafe 2, Inc., to share in the profits or otherwise participate in the operation of Gray's Cafe 7, Inc. CONSENTED TO AND EXECUTED THIS 6th day of April 1990. Dick Gray 7�c - P dent Billy Gray - Secretary / Randf ernatow - V.P. :_60442 SPECIAL MEETING CONSENT OF DIRECTORS AND SHAREHOLDERS OF GRAY'S CAFE 7, INC. Pursuant to the Colorado Corporations Code the undersigned being all of the directors and shareholders of Gray's Cafe 7, Inc., a Colorado Corporation herein after called the Corporation, acting at the call of the directors, hereby consent to and take the following actions, this 6th day of April 1990. This special meeting is called by all directors and the sole shareholder of Gray's Cafe 7, Inc. All are present and constitute a quorum. The location of the meeting is 768 West Eisenhower Blvd., Loveland, Colorado 80537.. Shareholder and directors hereby waive any notice of this special meeting. The President is presiding., the Secretary___ is acting as Secretary. ACTION TAKEN AND ASSENTED TO: The execution of a Business Lease of even date designating Stenner Carlson and Fran Carlson as Lessor and Gray's Cafe 7, as lessee is hereby ratified and the Corporation agrees to be bound by the terms therein contained; The establishment of a line of credit in the amount of $10,000.00 with Gray's Cafe 2, Inc., hereby agreed to and ratified; The filing of an application for a Hotel & Restaurant License with Weld County, Colorado for the premises located at 3815 Highway 119, Longmont, Colorado 80501-9543 is hereby agreed to and ratified. The employment of Ted Wayne Nauta as Manager of the bar and lounge which is the subject matter of the aforementioned lease. CONSENTED TO AND EXECUTED THIS 6th day of April 1989. Dick Gray -,resident Randy/Jernatow - V.P. L � LA �a' U;S �. Marji/Buskirk - Secretary 900442 DRL 404-I (2/85) STATE OF COLORADO DEPARTMENT OF REVENUE/LIQUOR ENFORCEMENT 1375 Sherman Street 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. answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will jeopardize as such falsehood within itself constitutes evidence regarding the character and reputation of the applicant. ALL questions must be the application 1. Name of Business: Gray's Cafe 7, Inc. Date: April 30, 1990 Social Security Number: 2. Your Full Name: (last/first/middle) Gray, Dick 3. Also Known As: (maiden name/nickname/etc.) same 4. Date of Birth: Place of Birth: Radden, Wyoming 5. U.S. Citizen?: %OYES ONO If naturalized, state where: n/a When: _. Name of U.S. District Court: . Naturalization Certificate n/a No.: Date of Certificate: If an alien, give Alien's Registration Card No.: Permanent Residence Card No.: 6, Height: 6 ft. Weight: 200 Hair Color: Brn Eye Brn Color: Sex: N Race: Cau 7. Do you have a Colorado Drivers License? If "YES", give number: {AYES In NO B.Your Relationship Officer/director/shareholder/manager to Applicant: (sole owner/partner/corporate officer/director/stockholder or manager) tit Stockholder, Number of Shares Owned 10 Beneficially or of Record: Percent of Outstanding Stock Owned: 100% 10O Partner State Whether: ❑GENERAL ❑LIMITED Percent of Partnership Beneficially Owned: n/a 11. Residence Address: (street and number/city/state/zip) 1604 S. Douglas, Loveland, Colorado 80537 12.ls your residence: DOWNED ❑RENTED If rented, from n/a whom? _ 13.Mailing Address, If Different same From Residence: 14. Name of Present Employer: See Attached 15.Type of Business of Employment: Restaurant 16. Address of Business Where Employed: (street See Attached end number/city/state/zip) 17. Present Position: Officer/director/shareholder/manager 18.Home Telephone: 667-7804 Business Telephone: attached 1g,Marital Status: single 20. Name of Spouse (Include maiden name If applicable): n/a 21,Spouse's Date of Birth: n/a Place of Birth: 22. If spouse's residence address is different than n/a yours, list here.: (street and number/city/state/zip) 23. If spouse works, state name of present employer: n/a Occupation: Address of present employer: n/a 24. List the name(s) of all relatives working in the liquor industry, giving their: Name of Relative: none Relationship to you: Position held: Name of employer: Location of employer: Name of Relative: Relationship to you: Position held: Name of employer: Location of employer: 25.O0 you now, or have you ever held a direct or indirect interest in a State of Colorado Liquor or Beer License? If "YES" answer in detail OYES ONO I am an officer/director/shld of Gray's Cafe 6, Inc., and DB & MB. LTD. Said Corporations hold a Colorado Hotel & Restaurant L9®®4e. 42 INDIVIDUAL HISTORY RECORD 6. Do you now, or have you ever had a direct or Int r Interest in a liquor or beer license, or been employ. a liquor or beer related busmen outside ofthe State of Colorado? If "YES", describe in detail. YES ENO 27. Have you ever been convicted of a crime, fined, imprisoned, placed on probation, received a suspended sentence or forfeited ball for any offense in criminal or military court? (Do not Include traffic violations, unless they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence of alcoholic beverages.) If "YES", explain in detail. YES @NO 28. Have you aver received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If "YES", explain in detail. OYES NO 29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If "YES", exp alts in detail. YES NO State/Federal: Year: City: State: State/Federal: Year: City: State: 30. Military Service: branch: n/a From: To: Serial No.: Type of Discharge: 31. List all addresses where you have lived for the last five years.(Attach separate sheet if necessary) Street and Number: P.O. Box 867 City/State/Zip: Longmont, Colorado 80501 From: May 89 To: Oct 85 Street and Number: 1604 S. Douglas City/State/Zip: Loveland, Colorado 80537 From: ct 89 To: present 32. List all former employers or businesses engaged in within the last five years' (Attach additional sheets if necessary) Name of Employer: see # 14 Address: (street and number) (city/state/zip) Position Held: From: To: Name of Employer: disabled Address: (street and number) (city/nate/zip) Position Held: From: To: 33. List the names and attach letters of recommendation from three persons who can vouch for your good character and fitness in connection with this application. Name of Reference: Lil Melius Address: (street end number) 2150 W. 15 #204E (city/state/zip Loveland, CO 80538 No.Years Known: 24 Name of Reference: Paul E. Brunick Address: (street and number) 4108 N. Garfield #19 (city/state/zip) Loveland, CO 80538 No. Years Known: 5 Name of Reference: Stan Kohlman Address: (street and number) 768 W. Eisenhower (city/state/zip) Loveland, CO 80537 No. Years Known: 7 OATH OF APPLICANT I declare under penalty of perjury in the second degree that l have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. rTURE: ( )I jN TITLE: . DATE: April 30, 1990 900442 ATTACHMENT 14. & 16. Name of Present Employer & Address of Business Where Employed. Gray's Cafe Inc., 829 Main Street, Longmont, CO 80501. Phone Number (303) 776-4920. 1988 to present. Gray's Cafe 2, Inc., 199 S. Main, Longmont, Colorado 80501, Phone number (303) 678-1339. 1988 to present. Gray's Cafe 3, Inc., 119 18th Street, Greeley, Colorado 80631, phone number (303) 356-4337. Oct. 1988 to present. Gray's Cafe 4, Inc., 770 W. Eisenhower Blvd., Loveland, Colorado 80537, phone number (303) 663-2011. July 1988 to present. DB & MB, Ltd., 770 W. Eisenhower Blvd., Loveland, Colorado 80537, phone number (303) 669-2935. February 1990 to present. Gray's Cafe 5, Inc., 328 Fifth, Frederick, Colorado, 80530, phone number (303) 833-4973. 1988 to present. Gray's Cafe 6, Inc., 15155 N. Brighton Blvd., Brighton, Colorado 80601, phone number (303) 659-9984. December 1988 to present. 31. List all addresses where yo9u have lived for the last five years. 715 Hover Rd. Longmont, CO 80501. May 1988 -May 1989. 800 S. Pratt, Longmont, Colorado 80501, 1986-1988. 1600 W. 9th, Longmont, Colorado 80501, 1984-1986. 900442 May 1, 1990 TO WHOM IT MAY CONCERN: I have know Dick Gray on a business and social level for approximately seven and one half years. He is an industrious businessman and a conscientious individual. He exhibits high moral character. He is knowledgeable in both the restaurant and bar business. I value his friendship and judgment. If you have any further questions specific to Dick please do not hesitate to contact me. Stan Kohlman 768 W. Eisenhower Blvd. Loveland, Colorado 80537 900442 0442 y Ls/ oKyyL ;Je co L17 iCiej- 0 )2_2-o( JJ J —e-91/4-4, )to_ „„,:t„,/ A8_, A4_ 021 1-b w r_ oyf ���� / a ° 900442 May 1, 1990 TO WHOM IT MAY CONCERN: This is to recommend Dick Gray. I have known Dick on a personal basis for about five years. I have also known Dick on a professional level for the last year. I have know Dick to be fair and honest. He is a good businessman and has experience in the operation of restaurants, bars, and a motel. He is of good moral character and has always treated me fairly. Feel free to contact me if you require additional information. Thank you for your attention. Paul E. Brunick 4108 North Garfield Slot # 19 Loveland, Colorado 80538 900442 DR 8404 - I (2/89) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INDIVIDUAL HISTORY RECORD 1375 Sherman Street Denver, Colorado 80261 To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5% stockholder of a public corporation, and the manager of the applicant. NOTICE: This individual History Record provides basic Wormation 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: Gray's rafe 7. Tnr. Date: d—lf1-1Qfl Social Security Number: 2. Your Full Name: (lastffirst/middle) -ow, William Randall 3. Also Known As: (maiden name/nickname, etc.) Randy Bernal 4. Mailing Address: (if different from residence) same. Home Telephone: none , S. Residence Address: (snot and number, dty, state, zip) 2540 Sunset Dr. #157, Lonemont, CO 80501 e. Is your residence: ❑ OWNED PI RENTED 8 rented, from whom? The Orchards 7. Date of Birth: Place of Birth: Rawlins. Wynming 8. U.S. Citizen? RYES ■NO If naturalized, state where: n/a When: Name of U.S. District Court Naturalization Certificate No.: n /a Date of Certificate: 8 an alien, give Men's Registration Card No.: Permanent Residence Card No.: 9. Height: 5'10" Weight 164 Hair Color. Brn Eye Color. Brn Sex: M Race: Cau 10. Do r you have YES a ■ Colorado Drives License? If yes: give number: NO 11. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder or manager): Corporate officer/director 12. If Stockholder, Number of Shares Owned Benefidally or of Record: n/a Percent of Outstanding Stock Owned: n/a 13. If Partner, state whether. n/a 0 GENERAL ❑ LIMITED Percent of Partnership Beneficially Owned: 14. Name of Present Employer: See attached 15. Type of Business of Employment Restaurant 18. Address of Business Where Employed: (street and number, dry, state, zip) See attached Business Telephone•. attached 17. Present Position: Officer/director, supervisor, cook. 18. Marital Satre: single 19. Name of Spouse: (include maiden name if applicable) n/a 20. Spouse's Date of Birth: n/a Spouse's Place of Birth: n/a 21. Spouse's residence address, if different than yours: (give street and number, dry, state zip) n/a 22. Spouse's Present Employer: Occupation: n/a 23. Address of Spouse's Present Employer: n/a 24. List the name(s) of all relatives working in the liquor industry, give their Name of Relative: Relationship to You: Position held: Name of Employer: Location of Employer: none 900442 CONTINUED ON REVERSE SIDE have held direct or indirect Interest in a State of Colorado Liquor or Beer License? ryes: ; answer in detail. officer/director of Gray's Cafe 6, Inc., and DB €. MB Corporations hold a Colorado Hotel Restaurant Licence 25. Do you row, or you ever a I am an YES ■NO LTD. Both have had a direct or Indirect interest In a liquor or beer license, or been employed in a liquor or beer related business outside of the State of 28. Do you now, or you ever Colorado? If eyes; describe in detail. YES ® NO 27. Have you ever been convicted of a aims, court? (Do not include traffic violation, unless of alcoholic beverages.) 8 yes; explain fined, imprisoned, pieced on probation, received a suspended sentence or forfeited bail for any offense in criminal or military they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence in detail. ■ YES *J NO 28. Have you ever received a violation nodes, If yes; explain in detail. suspension or revocation for a liquor law violation, or been denied a liquor beer license in the U.S.? or anywhere ■ YES R] NO 29. Have you ever hid a gambling or gaming license or owned a Federal Gambling Stamp? YES O NO 'yes; in detail below. If explain State/Federal: n/a Year: City: Star: State/Federal: n/a Year: City: Star: 30. lAlitary Service: (branch) n/a From: To: Serial No.: Type of Discharge: 31. List all addresses where you have lived for the last five years. (Attach separate sheet if necessary) Street and Number City, Star, Zip From: To: 2540 Sunset Drive #157 Longmont, CO 80501 May 89 pres 715 Hover Road Longmont, CO 80501 1988 1989 32. List all former employers or businesses engaged in within the last five years. (Attach separate sheets if rsesssaw.) Name of employer. Address: (street, number, city, state, zip) Position Held: From: To: attached 33. List the names of persons who can vouch for your good character and fitness in connection with this appication. Name of reference: Address: (street, number, city, state, zip) No. of Years Known: Johnny Walker 2252 Crown Cir., Louisville, CO 5 Patty Mathieson P.O. Box 482, Mead, CO 80542 3 Angelica Pflepsen Box 263 Mead CO 80542 3 OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Signature:/"'v'"'^.7 Af/7+'Ci/ The/ Data: 900442 0`�2 ATTACHMENT 14. & 16. Name of Present Employer & Address of Business Where Employed. Gray's Cafe Inc.; 829 Main Street, Longmont, CO 80501. Phone Number (303) 776-4920. Sept. 1987 to present. Gray's Cafe 2, Inc., 199 S. Main, Longmont, Colorado 80501, Phone number (303) 678-1339. November 1987 to present. Gray's Cafe 3, Inc., 119 18th Street, Greeley, Colorado 80631, phone number (303) 356-4337. October 1988 to present. Gray's Cafe 4, Inc., 770 W. Eisenhower Blvd., Loveland, Colorado 80537, phone number (303) 663-2011. Sept. 1987 to present. DB & MB, Ltd., 770 W. Eisenhower Blvd., Loveland, Colorado 80537, phone number (303) 669-2935. Feb. 1990 to present. Gray's Cafe 6, Inc., 15155 N. Brighton Blvd., Brighton, Colorado 80601, phone number (303) 659-9984. Dec. 1988 to present. Union Pac RR., Grand Hodgman, Laramie, Wyo. 80270. 1979 to 1987, 31. List all addresses where you have lived for the last five years. 1265 North 10th, Laramie, Wyoming, 80270, 1980-1987. 900442 JA43 ,1 rki faw -olvtitt ova ✓�.t�apofl-d( ,--4O wove • /-9a rol 300442 Fdn /_ IV I )FAff HE If yE/?y Cool) S// /?c%, j_ t/ O/ 1 �'G w r APDY I3 F ii '"' f- p r v ,,pr Goo D \t/ Ile, b/Ic Ch It D4'EA/ eee friLV3 ;5-2 Chow u C/ LovicVl1-k1._, CO) 900442 //�� / - 925 S -1- +v ` Lv o cry -eva fet444 AEii)znci-otO iff )01.1? Sx 0263 Ot7T - / -O;63 - 63 S it % 0442 dnyn-f rho /Ian Adaiii, 4,62441° frA .21 ' vas s IA, 4 m2G� al ._Viay's stnd a,1 a 9° a. -/1-61% —-&., and ,7/nela,c,) lied j4:41 nd r� �J t/em r ea,174 n " _ /'"'4 `'2),�t�i -.Ca a �.c[, G6 - -x} . / 4141 ..C.4 /,/ 2/a,c _wait., a fite4u4 6i _- efauta.n¢ I)tC 4*ZL .4itolJ ✓ynama e,.ne'~ , 4--aiLta< A 4 . - let4 .4/w ..;) 4 cicz../£ az vn &_1 --141-O 7J« . L2 a al:aOtt v, -1let-44.06 jcz.t ✓/na9ta ye 4V z9ame2 arr d : rn yi at4.4e'{,d 4 y�-e.H,e.•--e1--a-tyh_- 4 die l:4..ees and-ptumis -_J uy,Lly /Gecnm,yaescd -gat r�` / ti) g91 . o ..Gn tteld-c.cci ./, %Glt u al,.cf eZ442 .�,intrirtte.,,-,er. 900442 �` d4d41,44.4 S, 44a r.'ticc«..✓ r/2-9zl'i ,v6c'-CGA1 4tc4- ee - &)530 441/ottsthae, Tel w ko.v., e zre r 11\ co -3; Q3vskirk is a p40rson ,- Aave very well 1hrotlA Co yeal"5. a vent -Pine Berson vent, pro nQ.. to know Sl,e W;/1 a1�et..NJs sowh0' no +o cc - her be ansOw4.; re IS `€ rv.c Fe rsDo 3,Acete/ 30 Lo kr, d,,,, on na-von Jam s tOco / 900442 CY I JL. -VC Joy) LiSe.c-t ., ie'7 . eiv-_1... AC- I- 4Z 4 tcp- fieutr1/2 cz,4 a_ cezza.� _ ,2_,,, U ( 900442 i ^ FL,937:2) -776 • S' ^ 73 DR 8404 - I (2/89) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION INDIVIDUAL HISTORY RECORD 1375 Sherman Street Denver, Colorado 80261 To be completed by each individual applicant, each general and over 5% limited partner of a partnership, each officer, director, and over 5% stockholder of a public corporation, and the manager of the applicant. NOTICE: This individual History Record provides basic information which is necessary for the licensing authorities' investigation. ALL questions must be answered in their entirety. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood will Jeopardize the application as such falsehood within itself constitutes evidence regarding the character and reputation of the applicant. 1. Name of Business: Gray's Cafe 7, Inc., Date: April 30, 1990 Social Security Number: 2. Your Full Name: (last/first/middle) Buskirk, Marli, E. 3. Also Known As: (maiden name/nickname, etc.) Marji 4. Mailing Address: (if different from residence) - same. Home Telephone: 667-7804 5. Residence Address: (street and number, thy, state, zip) 1604 S. Douglas, Loveland, rolnradn 80517 6. Is your residence: El Pk� ■ OWNED RENTED If rented, from whom? Dick Gray 7. Date of Birm: Place of Binh: Pocahotas Arkansas) 8. U.S. Citizen? YES ■ NO If naturalized, state where: n/a When: Name of U.S. District Court Naturalization Certificate No.: n/a Date of Certificate: If an alien, give Alien's Registrallon Card No.: Permanent Residence Card No.: 9. Height 5' 5" Weight 115 Hair Color. Brn Eye Color. Brn Sex: F Race: CAu 10. Do have Colorado Driver's License? 8 yes; give number: you a 61 YES ■ NO 11. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder or manager): Corporate officer/director 12. If Stockholder, Number of Shares Owned Benefidally or of Record: n/a Percent of Outstanding Stork Owned: n/a 13. If Partner,aEl GENERAL state whether ❑ LIMITED Percent of Partnership Beneficially Owned: 14. Name of Present Employer: See attached IS. Type of Business of Employment: Restaurant 18. Address of Business Where Employed: (street and number, dry, state, zip) See Attached Business Telephone: attached 17. Present Position: Officer/director/supervisor/cook 18. Marital Status: single 19. Name of Spouse: (indude maiden name if applicable) n/a 20. Spouse's Date of Birth: n/a Spouse's Place of Birth: 21. Spouse's residence address, if different than yours: (give street end number, dry, state, zip) n/a 22. Spouse's Present Employer: n/a Occupation: 23. Address of Spouse's Present Employer: n/a 24. List the name(s) of all relatives working in the liquor industry, give their. Name of Relative: Relationship to You: Position held: Name of Employer: Location of Employer: none. 900442 CONTINUED ON REVERSE SIDE have held a direct or Indirect interest In a Sate of Colorado Liquor or Beer License? If yes; answer in deall. officer/director/manager of Gray's Cafe 6, Inc., and of DB & MB Ltd. Both hold CO Hotel/Restaurant licenses 25. Do you now, or you ever ® YES ■NO I am an an officer/director Do have ever had a direct or Indirect Interest In a liquor or beer license, or been employed in a liquor or beer related business outside of the State of 28. you now, or you Colorado? If yes; describe in detail. YES IS NO 27. Have you ever been convicted of a crime, court? (Do not include traffic violations, unless of alcoholic beverages.) If yes; explain tined, imprisoned, placed on probation, received a suspended sentence or forfeited bail for any offense in criminal or military they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence In detail. ■ YES ja NO 28. Have you ever received a violation nodce, detail. suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes; explain in ■ YES C NO license or owned a Federal Gambling Stamp? If yes; explain in detail below. 29. Have you ever held a gambling or gaming • YES [3N0 State/Federal: n/a Year: City: State: State/Federal: Year. City: Ste: 30. bfittay Service: (branch) n/ice From: To: Serial No.: Type of Discharge: 31. List all addresses where you have lived for the last five years. (Attach separate sheet if necessary) Street and Number City, State, Bp From: To: P.O. Box 867 Longmont, Colorado 80501 5-89 10-89 1604 S. Douglas Loveland, Colorado 80537 10-89 present see attached 32. List all former employers or businesses engaged in witHn the last five years. (Attach separate sheets If newsier') Name of employer: Address: (street, number, city, state, zip) Position Held: Fran: To: See attached 33. List the names of persons who am vouch for your good character and fitness in connection with this application. Name of reference: Address: (street, number, city, state, zip) No. of Years Known: Mary Kerian Box 433 Frederick, CO 80530 2k Josef Nemeth 30 James Circle, Longmont, CO 80501 6 J.C. Scott 2133 Tulip, Longmont, CO 80501 5 OATH OF APPLICANT I declare under penalty of pedury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. • attire: 6? -2059 zi Title: 04Ly 1 II Date: pri1 30, 1990 9G 4 ATTACHMENT 14. & 16. Name of Present Employer & Address of Business Where Employed. Gray's Cafe Inc., 829 Main Street, Longmont, CO 80501. Phone Number (303) 776-4920. 1985 to present. Gray's Cafe 2, Inc., 199 S. Main, Longmont, Colorado 80501, Phone number (303) 678-1339. November 1987 to present. Gray's Cafe 3, Inc., 119 18th Street, Greeley, Colorado 80631, phone number (303) 356-4337. Oct. 1988 to present. Gray's Cafe 4, Inc., 770 W. Eisenhower Blvd., Loveland, Colorado 80537, phone number (303) 663-2011. July 1988 to present. DB & MB, Ltd., 770 W. Eisenhower Blvd., Loveland, Colorado 80537, phone number (303) 669-2935. Feb. 1990 to present. Gray's Cafe 6, Inc., 15155 N. Brighton Blvd., Brighton, Colorado 80601, phone number (303) 659-9984. Dec. 1988 to present. 31. List all addresses where yo9u have lived for the last five years. 715 Hover Rd. Longmont, CO 80501. May 1988 -May 1989. 800 S. Pratt, Longmont, Colorado 80501, 1986-1988. 1600 W. 9th, Longmont, Colorado 80501, 1984-1986. 900442 DR 8404 - I (289) 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: fb.enys % Date: S -7 —yo Social Security Number: 2. Your Full Neme: (Iast/firsumiddle) - 1J14&t.-rl Ted W 9,07,-,0_ 3. Also Known As: (maiden name/nickname. etc.) 4. Mailing Address: (if different from residence Po ?)r,tc -I V IA -RN -E. tiz Bos'3S Home Telephone: 3b3-4Nt7-SRlto S. Residence Address: (street and number, thy, stair. zip) &/,41a 6. la your residence: iyi OWNED • RENTED 6 rented, from whom? 7. Date of Birth: - Place of Birth: F+. Ceftirv5 Co 8. U.S. Citizen? FRI,YES l♦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 Cad No.: Permanent Residence Card No.: 9. Height C.' $„ Weight. inr Hair Color: Berl Eye Color. f & to See: m Race: W 10. Do you have a Colorado Drivels Manes? If yes; give number: ,E7 VES 0 N / 11. What is your relationship to the applicant? (sole owner, partner, corporate officer, Sector, stockholder or manager): /ylfl.&A Cr CA 12. I Stockholder, Number of Shares Owned Beneficially or of Record: Percent of Outstanding Stock Gamed: 13. If Partner, mate whether. NI GENERAL ■ LIMITED Percent of Partnership Benefidally Owned: 14. Name of Present Employer: ► t ccc- CTa A Y 16. Type of Business of Employment rke s-}-ra'.4-r.i- 18. Address of Business Where Employed: (street and number, dry, state, zip) -it—sus-- S9/5— Business Telephone: Andy j,q 17. Present Position: 18. Marital Status: /h 19. Name of Spouse: (include maiden name If applicable) NpJeA.3 NAAk'-Tta- 20. Spouse's Date of Birth: Spouse's Place of Birth: 1.. CO) OMhos Ohio 21. Spouse's residence address, if different than yours: (give street and number, dry, state, zip) — SAA 22 Spouse's Present Employer: �t 1 C me C overt. SL. F4. C De Oaup/e�oon: IJ 1 4-k/ Shde/dti C -ti d 23. Address of Spouse's Present Employer: St W. rs 9A A7,° d//.J .S Polo 24. List the name(s) of all relatives working in the liquor industry, give their. Name of Relative: Relationship to You: Position held: Name of Employer: Location of Employer: I) ( C IL &ray Unt.(f.- Own$? rj-et4- 300442 CONTINUED ON REVERSE SIDE have ever held a direct or Indirect interest in a State of Colorado Liquor or Beer License? If yes; answer In detail. 25. Do you now, or you ■ YES [5I1/4.NO have had direct or indirect Interest in a liquor or beer license, or been employed In a liquor or beer related business outside of the State of 28. Do you now, or you ever a Colorado? If yes; describe In detail. ❑ YES RN0 27. Have you ever been convicted of a are, court? (Do not include traffic violations, unless beverages.) If explain fined, imprisoned, placed on probation, received a suspended sentence or forfeited ball for any offense in aiminai or military they resulted in suspension or revocation of your driver's license, or you were convicted of driving under the influence in detail. of alcoholic yes; • YES Q. NO 28. Have you ever received a violation notice, If yes; explain In detail. suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? • YESN0 29. Have you ever held a gambling or gaming license or owned a Federal Gambling Stamp? If yes; explain in detail below. ❑ YESN0 State/Federal: Year: City: State: State/Federal: Year: City: State: 30. Mlltaty Service: (branch) From: To: Serial No.: Type of Discharge: 31. List all address where you have lived for the last five years. (Attach separate sheet If necessary) Street and Number City, State. Zip From: To: $6 T3 A. /'.! b 4.7;annt redn B -a ssr %/fr_y /Fro .„93 32. List all former employers or businesses engaged in within the last five years. (Attach separate sheets if necessary.) Name of employer: Address: (street, number, city, state, zip) Position Held: From: To: Z%3 572-wi /YT T 9?f .v cis'. 7 ? fl soli -iv eoh'o 8av y mg varu /9s -r /969 9(710*- 3C.- fur 9Lst(80 8'V5y A s'+,t! o r l Zis..e1 [gal. foss' /e s -o his!? 33. List the names of persons who an vouch for your good armada and fitness in connection with this applranon. Name of reference: Address: (street number, city, state, zip) No. of Years Known: Z/7 S72 c' 7r 3 7q a". CM. /5 4teel? l . I Coln attar"- V' Tesvv ...Z.ca , Coo t/iviov /`T.-o/lt:u oedo ADCs - 9 /➢!/53 OVG!< Sroo N, 77Air J,4t7/ r.VFrn.a,..� Ave. acraq 4. - OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. Signature: - / $� y / '� Tide: �llJ,4iA0,E2. Date: 5— I —46# 900442 9 -30 -?O /D (44_0 /t%7a� �D✓��errli f� ,17,O 02_ ��a�� Td a� -Are_e_ (3)vQa S, //�� see ✓hs T be a tie r Co�� C i e h<io.-tJ /e-rSo,\ A✓, q Aic lx. m n1 s7 dord an�o wi���< es- ro alone 4-4it. a varep /evree of,oeop/es,ger.e als cc s/tor7,-ess or resicb„s, b/e nr e /, fie red /ao/o.6 , /Q/or ✓le, A/c, ,' / tier9cee � A/At S'7//2 CS -o59 P7cr 7o a V 300442 Whom if may conc&rn, Zfve UW N Tt cal Alo L,Fou 9 (lemrs . He's one OF ` I e besf Peoi le 5 person)'` riU019_ /-re Can wd b al( -ype.S. c` herd LuGrC e. -1 vQ-c1 d eperdchl P 9t N -c R. 23k` Z,cr-! c-✓fc co (30S -,S /ry- L//69 900442 3/1 )b (3han 1,t 7 encan; Aa At_ Lnw n _ /?2rti7` ,- ao yaccwi''. an -12.,ufry d12 LJ t5 n-ww 1, ca Li cit t, ac_ and lug- a ./-0 c i o a_ Lit, Mai\ I S�.zs it)c..3& c%-P0-Ltz CO 3o s 33-- 303- U/8y- `//(9 900442 TRL2_7 (2/961 State of Colorado Departmental Revenue Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 303866.3741 MANAGER'S REGISTRATION FORM • Form must be completed by all Hotel and Restaurant Licensees employing a separate and distinct manager. • Form must be submitted to and approved by Local Licensing Authority. • A state and local fee of $75 is required for Hotel and Restaurant applicants. • Managers must complete and submit form DR L 404-I (Individual History Record). • Managers must submit fingerprints to local liven DO NOT WRITE IN THIS SPACE • Attach a copy of any written management contracts or agreements. 41.24 PRINT IN BLACK INK OR TYPEWRITE. ANSWER ALL QUESTIONS. ANY FALSE STATEMENT OR ANSWER MAY RESULT IN THE REVOCATION OF THE LICENSE. 1. ACCOUNT NO. OF LICENSEE: FEE: (9) $75.00 2: NAME OF CURRENT LICENSEE: /MN of _,>, iIi 3. CLASS OF LICENSE: /471,4 , jrJS,-.L' 4.. aid o ,G -C 5. BUSINESS ELEPHONE: T 274 -toad ZIP ara/- 901 4. TRADE NAME OF STABLISHMENT (DBA): Parr, ) - 14- ox,,,A ' i rex, eHA 6. ADDRESS OF LICENSED ESTABLISHMENT: - 7eir. e,'fl Roy 1/7 CITY/TOWN STATE J�.yn,��- la 7. NAME OF B.DATE EMPLOYMENT B�GAN: Ig. EXPIRATION DATE: 10. COMPENSATION CrF MAN GER: �� / 11. DID MANAGER EV R MANAGE LIQUOR ES ABLISHMENT ANY OTHERr_y- STATE? p6 NO ❑ YES If yes, give details 12. DOES MANAGER HAVE A FINANCIAL INTEREST IN ANY OTHER LIQUOR ESTABLISHMENT? 0 YES �. NO = YES, GIVE NAME AND LOCATION OF ESTABLISHMENT: �\ 13. DOES MANAGER ...,,��'MANAGE ANOTHER "HOTEL OR RESTAURANT" LICENSED LIQUOR ESTABLISHMENT IN COLORADO? ❑ YES . NO IF YES, GIVE NAME AND LOCATION OF ESTABLISHMENT: OATH OF APPLICANT I declare under penalty of perjury in the second degree that l have read the foregoing registration and all attachments thereto, and th / information therein is true, correct, and complete to the best of my knowledge. GNA URE LI SEE: TITLE: J/)1Y,{beA DATE: - 3 O --- 9' O IGNATUREOF NAGER " / DATE: `/" 3O -90 REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing has been examined and the character of the registrant is satisfactory and complies with the provisions of Title 12, Article 47, C.R.S. as amended. THEREFORE THIS REGISTRATION IS HEREBY APPROVED. LOCAL LICENSING AUTHORITY I.D. NUMBER: LOCAL LICENSING AUTHORITY (City or County): WELD COUNTY SIG URE: - TITLE: Chairman, Board of County Commissioners DATE. 5/14/90 //010 Mj ATTEST: l �� /751�17 Li RECOMMENDATION OF LIQUOR ggiIFORCEMENt4IV4ESTIGATOR C APPROVED ❑ DISAPPROVED SIGNED: DATE: 900442 MANAGEMENT EMPLOYMENT CONTRACT This agreement is made by and between /» " "I 61-c hereinafter referred to as employee, and whose principal place •f business is locates at referred to as employer. , hereinafter 1. The employer is engaged in the business of operation of the retail sale of food through a restaurant facility, and maintains a principal place of business at the address set forth above . �ti,r&oY 44o .xatJ WIZ Tnaiis&-7nt 942 ).).44,41/a'0‘;; 2. The ).).44,41/a'0‘;109,-.-74 AttyvseJ.t 4 employee has previously been engaged in and has had experience in the above -designated business. 3. The employer is relying on said employee's knowledge and expertise in such business. ,a -.The emplpyQe,_is willing to fie employed by the employer, --end-the _employer Is:willing to effiploythe employee, on the terms, :covenants and conditions set forth herein. For the reasons set forth above, and in consideration of the mutual promises and agreements set forth, the employer and employee agree as follows: SECTION I EMPLOYMENT The employer hereby employs, engages, and hires the employee to perform, advise and supervise the day-to-day business operations of the employer, and -the employee hereby accepts and agrees to such hiring, engagement, and employment. The employee shall perform such duties that are customarily performed by one holding such position in other, same, or similar businesses or enterprises as that engaged in by the employer herein. Employee shall perform the duties and be bound by the policies delineated in employers "MANAGEMENT POLICY". Said policy may be modified from time to time as circumstances dictate. Employee agrees that at all times he/she will faithfully, industriously, and to the best of his/her ability, and talents, perform all of the duties that may be required pursuant to the express and implicit terms herein. SECTION II TERM OF EMPLOYMENT The term of this Agreement shall be for a period of ./ ,V'/-? Commencing on C PACj/„! i'-,t-Jft t; tY w{ � � ��. t'r � anc continuing throL.^'-: �L�•—�C;�—ji1T i>��s.'/ Ci' �� At the e:: _ation dote of 900442 k is Agreement mai r_nes ed for r^c,ullr t urios of (',C SECTION III COMPENSATION OF EMPLOYEE A. Employee will not be paid on an hourly basis but as management shall receive a salary. SECTION IV TERMINATION DUE TO DISCONTINUANCE OF BUSINESS In the event that the employer shall discontinue operating said business, then this Agreement shall terminate. SECTION V TERMINATION BY EMPLOYEE This contract may be terminated by e_mployee on thirty (30) days written notice.__ - SECTION VI AGREEMENTS OUTSIDE OF CONTRACT / 1 This agreement contains the complete agreement concerning the employment arrangements between the parties and shall, as of the effective date hereof, supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this Agreement or any representations as are specifically set forth herein and each of the parties hereto acknowledges that they have relied on their own judgments in entering into this Agreement. The parties hereto further acknowledge that any payments or representations that may have heretofore been made by either cf them to the other are of no effect and that neither of them has relied thereon in connection with their dealings with one another. SECTION VII MODIFICATION OF CONTRACT No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless it is in writing and is duly executed by the party to be charged therewith and no evidence of any waiver or modification shall he offered or received in evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement, or the rid is or obligations of the parties hereunder, unless such waiver or .,.oci:icetion is in writing, duly executed as aforesaid, and the p=arties further agree that the provisions of this Section may nct ,a ;,aive.except as herein set forth. 900442 SECTION VII DISCLOSURE PROHIBITION Employee shall not divulge the terms of instant MANAGEMENT EMPLOYMENT CONTRACT nor permit any other person or entity to civulge same to any employee, or other person in any way associated with employer. SECTION VIII TERMINATION BY EMPLOYER Employee may be terminated for a failure to perform her management duties as described in SECTION I herein, and or for a violation of SECTION VII herein. G/{ C/Pe/ 20 a,9 J G/= Ci",�c o7£/-1, All agr in the event in Sections I any competent such invalid SECTION IX SEVERABILITY eements and covenants herein are severable, and any of them, with the exception of those contained , III, VI hereof, shall be held to be invalid by court, this contract shall be interpreted as if agreements or covenants were not contained herein. SECTION X ADDITIONAL PROVISIONS In witness whereof, the parties have executed this Agreement in Al[it /i44.a. Colorado, cn this '�!iiitoa,,, may_ z ` /!mod• ) ; G / Cor::crate officer of Er::,,10 o„ar 900442 STAl'E OF COLORADO DEPARTMENT OF STATE CERTIFICATE I, NATALIE MEYER, Secretary of State of the State of Colorado hereby certify that the prerequisites for the issuance of this certificate have been fulfilled in compli- ance with law and are found to conform to law. Accordingly, the undersigned, by virtue of the authority vested in me by law, hereby issues A CERTIFICATE OF INCORPORATION TO GRAY'S CAFE 7, INC. Dated: FEBRUARY 27, 1990 SECRETARY Or s r.^..I -- 90O442 Or GRAY'S CAFE 7, INC. I, undersigned natural person of the age of twenty-one years of age or more, acting as incorporator of a corporation under the Colorado Corporation Code, adopt the following Articles of Incorporation for such Corporation. ARTICLE I The name of the Corporation is: GRAY'S CAFE 7, INC. ARTICLE II The period of duration of the Corporation shall be perpetual. ARTICLE III The nature, objects, and purposes of the business to be conducted and transacted by such Corporation shall be to engage in any lawful business activities authorized or permitted by the Colorado Corporatio: Code. Al _ICLE :urth:eaee of the -.s ssit forth in Article III . o_ Inc--:---o,int.�:3 o_-�_a.__on shall L. C have and may e::re _ all of ..and ..i -* c- - ' -,� rights/ powers, r._-_-; • -s now or hereafter conferr: upon ccrporaat'.ons organized under and _suent to the laws of the of Colorado - in 'to, the power to enter -... t m __ rte,: t - =_ `•^•_-"� whether the Corr orat:r.; a limited or general partner, joint ventures, syndicates, pools, assoc ations, and other arrangements for carrying on one or more of the pur- poses set forth in these Articles of Incorporation, jointly or in cc -:. with others. In addition, the Corporation may o everything necessary suitable, or proper for the accomplishment of any of its corporate pur- poses. ARTICLE V of _.-s :'hich _.. share Corere 9( 0442 • _- !:Luc}: of t::::. ny a.t.,. call`c,: l:r .0 � or ii 5:.iC I: !; i,. .L. 2. Transfer Restrictions. Stockholders of this Corporation shall and may not sell, encumber, pledge, or transfer any of their _..arcs without the cons_n t of shareholders owning a majority of the outstanding issued shares of the Corporation. By appropriate action, the Corporation shall ha -:`e the right to irnose additional restrictions upon the transfer of en', shares of its capital stock which may be issue. from time to time, or any interest therein, provided that the restricti imposed above, or those which may additionally be imposed from time to time, or the substance of such restrictions imposed, shall be set forth upon the face or back of the certificates representing such shares of common stock. The Corporation may become a party to agreements entered into by any of its shareholders re -restricting transfer or encumbrance of any of its shares, or -subjecting any of its shares to re -purchase or re -sale obligations. 3. Pre-emptive Rights Denied. Shareholders shall have no pre- emptive rights to acquire additional or treasury shares of the tor- - porationor securities convertible into shares, or stock rights or - options. - :+o Cumulative Voting. Each shareholder of record shall have to for each share of stock standing in his name on the books of 6r oration and entft_ed•to vote. Cunt'ative voting shall not he .. in the election of Directors or for any other purposes. . Quorum. .._ a.__ -._ _s of :.. ._c, two-thirds of _3 untitled to ._t_ a: such . :.a_.._nc, .. _ .s•ented in person or shall constitute a quorum. 6. ?=song _ and Fale of Shares. Shares of this Corporation . .a _. ere _ :or .: .c11 <=::=?"::t' Cn r-.[._,.i,:'.._ f:t:n z_72 by the vote of the Dinrr . L. 7. Yistibcions. The -card of Directors :C.y from time to time d'_stri' :L e to the shareholders in partial liquidation, out of stated capital or capital Surplus of the Corporation, a portion of its assets, in cash or prc n:rty, subject to the limitations contained in the statist of Color -ado. :?IC_E VI 7:are of Dir _ctr:rs -r.:s of this So lr 900442 rr cord -;re c;. to:-_. b. Any shares issued in violation of this paragraph shall En null and void. c. This provision shall also constitute a restriction on the transfer of shares and the legend shall be conspicuously placed on each certificate respecting shares preventing transfer of the shares to more shareholders than there are directors. 2. Director. The na..e and address of the person who is to serve as Director until the first annual meeting of sharehqlders and until his successors are elected and shall qualify is: Name: Address: Dick Gray 1602 South Douglas - Loveland, Colorado 80537 ARTICLE VII • I/ -he address of the initial registered office of the Corporation is 76S We=t Eisenhower Blvd., Loveland, Colorado 80537 ..' name of _ts _`1-i c� =tstc-,3 ac&nt.at such address is: -_ian Coo:: -••= C't__' ration izay nor'zt __ _ of Colorado, of the Uzi :t or a2= of its business in any other a.. -s, or of the World. It may ho' __al and pe.:sc.n. l property in :r.- - -- VIII The following provisions are inserted for the management of the _i:.ss and for the conduct of the affairs of t' the Corporation, and the .re in furtherance cf and not in limitation or e::clusion of the conferred by law. Contracts with :__ec_crs, etc. co contract or other transac- -orat_C.. ..i'._ any rsrn,_ J_'_L-__ o=ficer_ 900442 r-, .._.. ...._ ._..3r.r. G it for the }_ 'n--f_t•./o_ ill::. ❑l_ er be in any way interested. 2. .:cation of Tcuitable Interests in Share? or Rights. This Corporation shall be ea_i t1_d to treat the registered holder of any shares of the Corporation as the owner thereof for all purposes, includinc all riohts deriving from such shares, and shall not be bound to _-_cc_n.ize any equitable or other claim to, or interest in, such shat.s Crrights deriving from such -shares, on the part of any other ___.E:n, including, but not limiting the generality hereof, a purchase:, assinee, transferee, of such shares or rights deriving from such Shares, unless and until such purchaser, assignee, or trans- feree, or ,_her such person becomes the registered bolder of such shares, "...ether or not the Corporation shall have either actual or Cn.c_ru:ti.-:a notice of the interest of such purcha ser, assignee, or or other person. The purchaser, assignee, or transferee of any of the shares of the Corporation shall not be entitled: to receive notice of the meetings of the shareholders; to be paid div- idends or other sums payable to shareholders; or to own, enjoy, and exercise any other property or rights deriving from such shares against the Corporation, until such purchaser, assignee, or trans- feree has become the registered holder of such shares. ARTICLE IX The nem.= and address of each in•car_::-ater is as follows: :1c: Gray 900442 c]'._:i OF COLD _ DO) cc COU .: OF BOULDER) Y 'RIFICATIC:: - :.ere y certify that on the �'ii'1 day of I=z.1990 and been by me appeared before me ne first duly scorn, declared that she is the person who Si_-:ed the foregoing document as incorporator, and that the state- ments therein contained are true.. IN WITNESS WHEREOF, I have hereunto set my hand and seal. .My commission expires: My Commission Expires Jan. 4,195'372-7z Mei-aeon_ NOTARY PUB IC 900442 ORGANIZATIONAL MEETING CONSENT OF DIRECTORS AND SHAREHOLDERS OF GRAY'S CAFE 7, INC. Pursuant to the Colorado Corporation Code the undersigned, being all of the initial directors of Gray's Cafe 7, Inc., a Colorado corporation herinafter called the Corporation, acting at the call of the incorporator, hereby consent to and take the following actions, this 3rd day of April, 1990. 1. INCORPORATION: The execution of the Articles of , Incorporation on February 7, 1990, and the issuance of a Certificate of Incorporation by the State of Colorado on February 27, 1990, is acknowledged, and the Certificate of Incorporation and Articles of Incorporation are to be placed in the Corporate Records Book. __ — 2. DIRECTORS: Eachofthe folFowing persons is elected a director of the Corporation, to serve until the annual meeting 15 days before the end of the fiscal year, commencing in 1990 and continuing in succeeding years, and until successor directors are elected and shall qualify: DICK GRAY RANDY BERNATOW MARDI BUSKIRK 3. BY-LAWS: The by-laws, the originals of which are to be placed in the Corporate Records Book,and are dated this date and signed by the Secretary, are adopted as the by-laws of the Corporation. 4. SEAL: The seal of the Corporation shall contain the name of the Corporation, and the words, "Corporate Seal," and "Colorado," in the form impressed on the margin of this page. 5. STOCK CERTIFICATE: The certificate representing common stock of the Corporation shall be substantially in the form of the specimen copy contained in the Corporate Records Book. 6. ELECTION OF OFFICERS: Each of the following persons is elected to the office set forth opposite his/her name, to serve until the annual meeting of directors, and until his or her successor is elected and has qualified: DICK GRAY RANDY BERNATOW MARJI BUSKIRK President/Treasurer Vice President Secretary 900442 7. OFFICERS AND AGENTS: The officers of the Corporation are authorized to appoint and substitute all necessary agents or attorneys for service of process, to designate and change the location of all necessary Certificates, reports, powers of attorney, and other instruments as may be required by the laws of any State, territory, dependency or country, and to take such other action as they may deem necessary or advisable to terminate the authority of the Corporation to do business in any State, territory, dependency, or country. 8. REGISTERED AGENT: Brian Cook Esq., 768 West Eisenhower Blvd., Loveland, Colorado 80537, is hereby appointed as attorney and registered agent of the Corporation. 9. ACTS OF INCORPORATOR: The acts of the incorporator in incorporating and organizing the Corporation, in selecting legal counsel, accountants, and in making bank arrangements, are --ratified-, confirmed, -and approved; and the incorporator shall_befea€ter be indemnified and held harmless from any ==3#aDlity a r#sing-out o-tse incorporation or organization _.of --the Corporation by this Corporation. 10. ISSUANCE OF STOCK: The officers of the Corporation are hereby authorized to issue 10 shares of the Corporation's no par common stock to Dick Gray evidenced by certificate No. 1, dated April 3, 1990. The officers are empowered to issue additional stock to acquire financing or to further the corporate purpose. 11. DIRECTOR'S INCAPACITY OR DESIGNATION OF AUTHORITY: If one or any of the officers or directors is incapacitated in any manner or is desirous of the other holding meetings or running corporate affairs, such remaining officers shall constitute a quorum. In cases where an officer or director is incapacitated or is desirous of designating his authority, he shall communicate this in writing to the other directors or officers. Should an 'officer be incapacitated so that he is unable to communicate, this designation of authority shall be automatic. 12. BANK ACCOUNTS: The directors resolve to set up corporate bank accounts that shall require the signature of Dick Gray. 13. OPERATION OF BUSINESS: The proper officers of the Corporation are authorized and directed to proceed with the organization and operation of this Corporation for its intended purposes, and in that connection such officers are authorized and directed to apply for such licenses and obtain such permits, or other authorizations as may be required for the corporation to lawfully commence and carry on its business. Acts previously performed by officers of the Corporation in the foregoing regard are ratified. 900442 Consented to and executed this 3rd day of April 1990. attar DICK GRAY i riCen MARJI KIRK tAtti RANDY B RNATOW • 900442 ZflOO6 z H GRAY'S CAFE 7, DICK GRAY 13N s 1 re F `c N tc c c`� c a� k ,` 1 � \ t rn • tZNat oo t AcIN • t1/4\ ec " • erei I` s N N C n STATEMENT OF GRAY'S CAFE 7, INC. The officers and directors of Gray's Cafe 7, Inc., state as follows: That they are also the directors of Gray's Cafe 6, Inc., and DB & MB LTD. Said Corporations also hold Colorado Hotel/Restaurant liquor licenses. That the Manager of Gray's Cafe 6, Inc., is Marji Buskirk. That Dick Gray is designated as the manager of DB & MB, LTD. MARDI KIRK: _- --_ 960442 J 2 S i 0 H W CO qq a S yOj S - H W A u. IL H g Z p, ,_.r off ' ° r " in LL Jl sr 1 g �m g fall y, t.$I�... A_ ci. W W et 8a a8 m a Postmark or Date i' Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt slowing to whom and Date Delivered . Return Receipt showing to whom, Date, and Address of Delivery TOTAL Postage and Fees SOU aunr `epee tumid Sd e. 900442 RECEIVED OF...' TREASURER'S OFFICE, WELD COUNT- N2 1749 Greeley, Colorado.. ... , 19.0... . $ S73, 7s FOR CREDIT ounty General Fund 101 0000 �/A'1 �7/ Q( ,373 75' Health Department 1190000 Human Resources 121 0000 Social Services 112 0000 Housing Authority Road & Bridge Fund 111 0000 Airport 177 0000 County Clerk Cash Escrow 810 0803 Fee Fund 900 0912 School District Gen Fund School District C R F School District Bond Fund FRANCIS M. LOUSTALET I TOTAL T 442 373 75 County Treasurer lark Hello