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Home My WebLink About951046.tiffRESOLUTION RE: APPROVE CHANGE OF OWNERSHIP REQUEST FOR TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FROM HENRY L. WALKER, DBA BEARS SPORTS SALOON TO BEARS SPORTS SALOON, INC., DBA BEARS SPORTS SALOON 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, Bears Sports Saloon, Inc., dba Bears Sports Saloon, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Change of Ownership of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said license previously held by Henry L. Walker, dba Bears Sports Saloon, 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 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: 2519 8th Avenue, Greeley, Colorado 80631-8409 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 95-09 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 Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 11, 1996, 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. 951046 LC0009 CL' _ ,50; .L3a tcs CHANGE OWNERSHIP OF TAVERN LIQUOR LICENSE - BEARS SPORTS SALOON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of April, A.D., 1995. BY. Deputy Cler7 o the Board DASTOF County A or ey BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CQLORADO Barbara J. Kirkmey -�Georg.Baxter ��Al e Constance L. Harbert FXCl1SFn W. H. Webster 951046 LC0009 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (10/92) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1 375 Sherman Street Denver, Colorado 80261 BEARS SPORTS SALOON INC BEARS SPORTS SALOON 2519 8TH AVE GREELEY CO 80631-8409 AMENDED ALCOHOLIC BEVERAGE LICENSE Lability Information Account Number LICENSE EXPIRES AT MIDNIGHT : i County City Indust. Type Liability Date 09-74681-0000 i 03 0057 5813 C 051295 MAY 11, 1996 Type T Name and Descrlpnon of License I Fee 2010 2190 TAVERN LIQUOR LICENSE COUNTY 85 PERCENT OAP FEE 1$ $ 50.00 276.25 __ '. HOURS To A"EESiI $ 326.25 EXTENDED This license provision nontransferable only valid through be addressed Street. Denver, 1n testimonv / 1 `-Z Davis on Director is Issued of Title and to CO whereof, C the the 80261. subject to the laws of the State of Colorado and especially under the 12, Articles 46 or 47. CRS 1973. as amended. This license is shah be conspicuously posted in the place abcve described. This license is expiration date shown above. Questions ccncern'ng this license should Department of Revenue. Liquor Enforcement Division, 1375 Sherman I have hereunto set my hand, MAY 19195 1,417/4 Of 1/ Executive Dn eCU" 951046 rn THIS LICENSE EXPIRES L:I Pd O a H a y 00 — a> .0 G 3 O 2 O q CS — 6 O O :-...“1.5 vi � 'O A y, z c.) i W �_ A/\ Vl H N . C L G J ch Z. t :-T y Q' p n. C. >, Z .L a p ^` d V.R. �' n Q y y y •m a v n 5. ,n or 3 co i_4 V: 'L. O bi) = LLD d :d U C a' i— v3 cu r24 Q Z - C .a _ W ..=L .-O O C g vv: rL p C rc O ; F c Q! 7 y co On ~ !I Y3 z z Ci -� :n .: V 4 .tea Q L C4 O co. 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Applicant [E] Ill is a C rporation (Attach DR 8177) Individual (Attach DR 8404-I) Partnership (Attach DR 8441) Limited Liability Company (Attach DR 8405) Date filed with Local Authority F. E.I.N. gy—l�cC‘y)y la. Name of Applicant(s) If partnership, list partners' names (at least two); if corporation, name of corporation ,55:09- /CS' i c$ po j4' Ts S,4 ez a0/t/ Z./VC f Social Security No. 2. Tr"ap a Name of Est blishment (DBA) / ,0ec_r_s oills baCoon State Sales Tax No. 09-7ves/ Business Telephone 3-35-6oZREZ 3. Address of Premis s (specify exact location of premises oS/4 '7h' 4vr City .,,--��, L L L (r /y County &EL T 2) State CU. ZIP Code 80 63/ 4. Mailing Address (Numbeland Street) ShME City or Town Smme. State 54-nt ZIP Code 54-nE 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) E /i€(2., sP0R7s _Sz4LIO (v Present State License No. /i-,27803 -ocoz Present Type of License 7 .vern Present xpiration Date fi 2 45 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or off cers, tockhold- Yes A ers or directors if a corporation) or manager under the age of twenty-one years? ❑ 7. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- ers or directors if a corporation) or manager ever; (a) been denied an alcoholic beverage license? ❑ . (b) had an alcoholic beverage license suspended or revoked? • , (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ❑ �i If you answered yes to 7a, b or c, explain in detail on a separate sheet. '` 8. Has a liquor license for the premises to be licensed been refused within the preceding two years? If "yes," explain in detail. ❑ Pk 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year? If "yes," explain in detail. ❑ 141 9. Are the premises to be licensed within 500 feet of any public or parochial school, or the principal campus of any college, university or ❑ .j]j seminary? /'�� 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any Eia-C-t❑ current financial interest in said business including any loans to or from a licensee. TlQ-, 14, + i5 5 1a- &ear, a n tr PPg.. / 11. Does'the Applicant, as listed on line 1 a of this application, have legal possession of the premises for at least 1 year from the date that M this license will be issued by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) • Ip." ❑ Ownership ❑ Lease A Other (Explain in Detail) -c e. R n c h e a a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord Tenant 1 Expires Attach a diagram of the area to be licensed (including dimensions) which shows the bars, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". (Doesn't have to be to scale) 12. Who has (including persons, firms, partnerships, corporations, limited liability companies) or will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business. Attach a separate sheet if necessary. NAME ADDRESS5Z'f2 C, (Vete (or. INTEREST ,,, :✓, J1`nt �. N�rre G,c1 'd' �' — ,:-t�,0 nt�ir. 41 Hlelon 'ie.Yt1/tea r. -q r to i- Cr'n Cr(�� J -, / h7_,..e;. 11 -IKIC. y ,25-57 IL).vor'S,1/71P rA�ialQ"tf _ `'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 partnerships, corporations, limited liability companies, etc) 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. , 13. Optional Premises or Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas requested 951 046 DR 8404 (2/94) Page 2 14. Liquor Licensed Drug Store applicants, answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. ❑ ❑ 15. Club Liquor License applicants answer the following and attach DR 8177: (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? • (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? ❑ (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? • ■ 16. 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 the address of each location and explain the activity to be conducted at each location (e.g., warehouse, salesroom, etc.) (Attach DR 8438 for each location) ❑ • (b) If applicant is a wholesaler, does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain whether one has been applied for. ❑ • 17. Nonresident Manufacturer (3.2% beer or malt liquor) or Importer (3.2% beer, malt, vinous or spirituous liquor) applicants, answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner, partner, shareholder, director, officer, member or manager have any direct or indirect financial interest in a wholesaler, retailer, manufacturer or importer already licensed by the State of Colorado to sell malt, vinous or spirituous liquor? If yes, attach explanation in detail. ❑ ❑ (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If "yes," attach a copy; if "no," explain in detail. ❑• (d) Are you the primary source of supply in the U.S.? If "no," explain. ❑• (e) Are all your products registered in Colorado? If "no," attach DR 8440 and register said products. • ❑ 18. Name of Manager (If this is an application for a Hotel and Restaurant License, the manager must also submit a Manager Registration Form (DR 8367) and Individual History Record (DR 8404-I). r t1 j efC IN f'e ( t ... bort.F Date of Birth - ro e Q ft f rte,, OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Auth rizetl Signature , 4? /� Title/ t el le _�i� _ 7p.. 09 Data r / c (Manufacturers, nonresident REPORT AND APPROVAL manufacturers, Importers, OF LOCAL wholesalers, limited disregard the section below.) LICENSING AUTHORITY YltinerIes, andt sirs rsaisaelicaens Is this application for a: ritigew License Transfer of Ownership ❑ Other (specify) Each person required to file DR 8404-I: Yes No Has been fingerprinted •• Background, NCIC and CCIC checked ❑ The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. ec • If "no," the building will be completed and ready for inspection by (date) 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 provisions of Title t2,.A4j " -47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. Local Licensing Authorty for Ivey , Colorado TOWN, CITY COUNTY sig amr - �....1 " `_ r}, me Chairman, Weld County 3oard of Commissioners Date 04/19/9; Signature n p /� �" a,�.04 : Tine tc�Ld County Clerk ,t to thy'? Board dy"� dU4/4444 � �!/�/ , deputy Date u4/19/95 If premises aie1f/cate t E6i••f e above approval shouldsigned by the mayor and clerk, if in a county, then by the chairman of the board of county commissibnerspnr+i y'1jefk to the board. If, by ordinarkriie or otherwise, the local licensing authority is some other official iho s11ch approval should be given by such official. 46 951 DR 8411 (C3/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 LIQUOR LICENSING PROCESSING DOCUMENT RETAIL LIQUOR & 3.2% BEER LICENSE FEES 1. Name f Applicant(s) (exactly as it appears on state application) 6t°H/�S .520‘,e -t_5 tam/ vc. 2. Trade Name of Establishment (DBA) �-r�.ig S S/�o.2 571 c-aa /1/ 3. Address of Premises (as it appears on the application) 2 CS/ 7 8t/ 4j —c t's- 'Y Co Lu . 9613/ State Sales Tax No Business Phone City (2to-Ptz° y State COLan4,6o 2320-750 (999) SECTION A 30 3 3fl 2? -2- County w P L /J ZIP Code &063 FEES If applicant has a Beer and Wine, or Malt, Vinous and Spirituous Liquor License, indicate your state Liquor • License Account No. ❑ Retail Warehouse Storage Permit $50.00 E Request to Change, Alter or Modify Premises ....75.00 ❑ Addition of Optional Premises to Existing HoteVRestaurant $50.00 x Total Fee ❑ Request to Change Corporate or Trade Name ...25.00 ❑ Request to Change Location 100.00 ❑ Duplicate License 25.00 ❑ Subpoena Testimony Fees 100.00 (use license no. 21-94214) 2330-750 (999) SECTION B : FEE If applicant has a 3.2% Beer Retail license, indicate your • state 3.2% License Account No. ❑ Request to Change, Alter or Modify Premises 75.00 ❑ Request to Change Corporate or Trade Name 25.00 ❑ Request to Change Location 100.00 ❑ Duplicate License 25.00 1970-750(999) SECTION C FEES If applicant has a Hotel/Restaurant liquor license and is registering a new manager, indicate your state Liquor • License Account No. ❑ Manager's Registration $75.00 1 - DO NOT WRITE IN THIS SPACE • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPE- WRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE S LIAR 2300 2310 1940 1940 1950 1950 1960 1960 1970 1980 1990 2010 2020 2030 2040 1905 2110 2300 2310 2121 2121 2122 2122 2123 2123 2170 SECTION D LIQUOR LICENSE FEES ❑ Application Fee for New License $450.00 g Application Fee for Transfer of Ownership 450.00 5 Retail Liquor Store License (city) 202.50 ❑ Retail Liquor Store License (county) 287.50 ❑ Liquor Licensed Drugstore (city) 202.50 ❑ Liquor Licensed Drugstore (county) 287.5Q, ❑ Beer & Wine License (city) 177.50: 5 Beer & Wine License (county) 262.56 ❑ H & R License ❑city ❑ county 326.25 5 H & R License w/opt Prem ❑ city 5 county 326.25 ❑ Club License ❑ city 5 county 135.00 ❑ Tavern License ❑ city ❑ county 326.25 ❑ Arts License ❑ city ❑ county 135.00 ❑ Racetrack License ❑ city ❑ county 326.25 ❑ Optional Premises License ❑ city 5 county 326.25 ❑ Retail Gaming Tavern Lic ❑ city ❑county 326.25 ❑ BWS Special Event Permit each 25.00 ❑,Manager's Registration (hotel 8 restaurant only) .... 75.00 Extended Hours 170.00 SECTION E 3.2% SEER LICENSE FEES ❑ Application Fee for New License ❑ Application Fee for Transfer of Ownership ❑ Retail 3.2% Beer On Premises - (city) 5 Retail 3.2% Beer On Premises - (county) 5 Retail 3.2% Beer Off Premises - (city) ❑ Retail 3.2% Beer Off Premises - (county) ❑ Retail 3.2% Beer On/Off Premises - (city) ❑ Retail 3.2% Beer On/Off Premises - (county) ❑ 3.2% Beer Special Event Permit $450.00 450.00 71.25 92.50 71.25 92.50 71.25 92.50 each 10.00 DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION County City Industry Type Liability Date License Issued Through (Expiration Date) License Account Number Fee paid for 3.2% Beer State -750 (999) City 2180-100(999) County 2190-100 (999) State -750 (999) Fee paid for Beer, Wine, and Spirituous Liquor Cry 2180-100(999) County 2190-100(999) Managers Reg,,,;: 1970-755 (999)'? Cash Fund New Llamas 2300-100 (999) Cat, Fund Tran.M uce,a• 2310-100 (999) TOTAL Cast, Fund Now Liana 2300-100 (999) CM Fund Taunt 2310-100 (999) White Copy - Department of Revenue Canary Copy Liquor Enforcement Division Ext Hours City.;;;: 2180-100 (999) Ext Hours County 2190-100 (999) Pink Copy - Local Authority Goldenrod Copy - Applicant 951046 EXPLANATION OF #11 Henry Walker, previous owner of Bear's Sports Saloon, died recently. His estate is the owner of the bar and the personal representative is Tom Walker. There is presently a contract for purchase of the business and property by Susan N. Herrebout, Andre R. Herrebout and James R. Eakle. The closing date will be immediately after liquor license is issued. 951046 I Qnr 951046 C nls license is to ❑e usea Miry I v1 'Jul a many 'Lori m LCA I I CO I V.I CJcic: MAN ST OZNVER C"O 8026! Must collect taxes fon SALES TAX LICENSE STATE COLORADO USE ACCOUNT NUMBER for all references LIABILITY INFORMATION I ISSUE DATE I LICENSE VALE c,r I -- ko.I !""" ! "" DECEb1°ER 31 09-74681-0000 103057 5813 C 030195 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: BEARS SPORTS SALOON INC 2519 8TH AVE GREELEY CO 80631-8409 CR 0161 '.01.'94) COLORADO DEPARTMENT CF REVENUE 1375 SHERMAN STREET CENVER CO 80261 THIS LICENSE IS NOT TRANSFERABLE 2519 8TH AVE GREELEY CO MAR 21 95 I 1995 THIS LICENSE IS NOT TRANSFERABLE 1%✓ Executive Dire or Department of Revenue iai'"• ■■ 1--Aa% r+ a a Kan MTV. mil. CI— Caljl1IN: C WAGE WITHHOLDING LICENSE USE ACCOUNT NUMBER for all references ... LIABILITY INFORMATION ISSUE DATE 09-74681-0000 I03 057 5813 C 0301951 MAR 22 1995 I BEARS SPORTS SALOON INC 2519 8TH AVE GREELEY CO 80631 Executive Director Department of Revenue 951046 R 8404-I (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant license. 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 regard ng the character of the applicant. 1. Name of Business (5 c i54 �p"r Is 2. Your Full Name (last, first, middle) 4. Mailing Address (if different from resilience) Jnc, 5. Residence Address (street and number, city, state, ZIP) rc'Lig L. (1fevn r( le, Lill le/O/1) Cc. Cl/:2.� 6.'bate of Birth Place of Brtth 5� gk�C/lyLI/q6 If Naturalized state where Date 3O17 5 Social Security Number(s) 3. Also Known As (maiden name/nickname, etc.) (-Lr<kle) J!1% rl'1Q� /IC/'1 � Home Telephone Naturalization Certificate Number 8. Height C;r�,it 10. Name of Present Employer When 7. U.S. Citizen? g Yes No Name of U.S. District Court Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number Weight 1;17 Hair Color brm;,) r Eye Color (7 (CP r Sex F 12. Address of Business Where Employed (street number, city, state, ZIP) 13. Present Position Race LA) 9. Do You Have a current Drivers License? If yes, give number, 8 state ISJ Yes No R Type of Business or Employment Business Telephone 14. Marital Status /irk nrri r 16. Spouse's Date of Birth 17. Spou re encaddress, if different than yours (street and number, city, state, ZIP) 15. Name of Spouse (include maiden name if applicable) �rirtr C. . /4C(it Spouse's Place of Birth 18. Spouse's Present Employer (1)^-+ ; F C C( 19. Address of Spouse's Present Employer 20. Occupation List the name(s) of all relatives working in or having a financial interest in the liquor iilylustry. NAME OF RELATIVE R, L.c k RELATIONSHIP TO YOU hre i(\or - POSITION HELD t3o r ("tuner NAME OF EMPLOYER So/ -4_ Lop/. LOCATION OF-EMP'L6YER- San Piero, CFI. 21. Do you now, or have you ever held a S ate of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail Yes [X No 451046 CONTINUED ON REVERSE SIDE DH 8404-I (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail 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 drugs or alcoholic beverages.) If yes, explain in detail. ❑Yes XJNo 23. Have you ever received a violation notice, suspension or revocation fora liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. Yes liC No 24. Military Service (branch) A' A From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 5-'ri2 CH Oforor;rLie_ L,-It/e(on <c •Pota-2-- /9Z z fr$r,. 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO vfla�e b7tp (o. L; tt IP Wert !Jr /Crrc Cs( . �a.nRtjjpy _`'aIc� `i/1�p3 e�Ft7' /h ,1*Nlc14 lie Le itr,,P,1I Left). Y P0rjcy2O527,, c, 4oj)rr5i 5 7 5St it- -J., sa. ' . `i 114r�. %/6fr*5 c{ ( /' , 1 l top51 L.,7Or/an s' Crcc�C'�. �r,gors� e t4s Y`fl w� f t'An,./n mac(.,,, it Li tile ft, a at'h en / DtCIA ✓elltO / hi/� in 3.t+ W;I cCt /57". 5,. Cyerite,' *,=,,t_r`,I„tcr (d,+ie RtcLBdir, t' ritrfert, 26120 Ieecflpr 14` "8 9/ 27. What is your relati{{onshto the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) 8i I -/l1Ptr Cr ,,,-c//'A.l),, d 28. If stockholder, number of shares owned beneficially or of record ('.2r 80.EMil Percent of outstanding stock sowned 25Z-4/iNt " 29. If partner, state whether ll General • Limited ,1� ,E Percent of Partnership Owned N.;t , If Limited Liability Company (percent owned) v. /4. 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital, (Reg. 46-106.1 and Reg. 47-107.1) A Amount $_ C 37 Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account $ q,;'n-'n.rfl ,ercrrin/ ^1.'r,'75 fs' C'n,lk # 9It-fp,s-2s1� i, $ Jea.- h3 I nrI.(S (-:r,1t $ $ Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature �„ Ix -t- a- I',�Yr .., /'j . */r.4 .j , r� ¢- Title ft Date Af"AAArs Weld County Commisioners Greeley, Colorado March 13, 1995 To Whom It May Concern: It is my pleasure to write a character reference for Sue Herrebout!! Sue and I have been acquainted for the past four years and we have enjoyed many experiences together including traveling together on several occasions as well as participating in a variety of neighborhood activities with mutual friends. Friendly, caring, smart, honest, fun, and gregarious ---- these are words that I would use to describe Sue. She is very definately a "people person." Sue engages others in conversation easily and genuinely likes to ask questions and is a sensitive listener to people's opinions. One of the qualities I like best about Sue is her honesty. When I ask for her opinion on a subject, she has a gentle but astute way of sharing her feelings. Sue also has a great sense of humor. She loves to laugh and is alot of fun to be with!! Sue is a very intelligent person whose skills spill over into a variety of areas. She has a teaching certificate and used to be an elementary school teacher. More recently she earned her real estate license and has worked for several home builders in the Denver area. I believe that Sue Herrebout will work hard and be successful in any career area that she chooses to be a part of. She is a multi -talented lady whom I am very proud to call my friend. 951046 3/7/95 TO WHOM IT MAY CONCERN: I would like to take this opportunity to compliment Sue Herrebout. I have known her for approximately seven years. We shared the trials and rewards of raising teenagers, during which time I found Sue to be strong and fair, exemplifying high morals and outstanding family values. We have also shared an interest in 'he real estate and homebuilding industries. I admire Sue's agressive and competitive spirit. She thinks with a you • z d o:ger mind and always welcomes change and growth. Her .F.' -n.tti. ' has been an inspiration. Mar ise Sec a-t.ry/ ice President 8122 Southpark Lane • Suite 102 • Littleton, CO 80120 • (303] 730-8598 951046 Weld County Commissioners Greeley. Colorado To Whom It May C.:neeer: regarding Susan Herrebout: I was professionally associat Homes �'es-g:n Center. ed with Susan in the Village I hired Susan as an Interior Design Consultant. During the period of time that I was her manager she exhibited exceptional people skills. She excelled in relationships with our buyers by utilizing her communication skills to meet their needs. Sue was a very dependable assistant. During her employment she was never tardy or absent. I could always count on her self motivation and loyalty. She displayed her trustworthiness by successfully and promptly completing her asigned tasks. Su. n is a proven professional and was a true asset t0 Design Team. our Si erely, Nancy S.. h. ep[e 26 Manzanita Littleton • Colorado 80127 n ?J.j-itu•-l774 951046 DR 8404-I (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restau t I' ran IGCIISC. 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 regard ng the character of the applicant. 1. Name of B siness f 23≥ S c... - O k 7 c, .aJ uON In/C , 2. Your Full Date I /MX' 8" 's' Social Security Number(s) Name (last, first, middle) / / t /C)/C). t Ch, i`i/v.1,AP b &J • 4. Mailing Address 3. Also Known As.jmaiden name/nickname, etc.) /9 /VDU (if different from residefce) 5. Residence Address y Home Telephone - 9...52.:9" (street and number, city, state, ZIP) d78 .viE/f'o c>i. 'ez - L>%TL&.- ro/✓ 29 6. Date Q / of Birth (/ If Naturalized, Place -of Birth / / 5T, Son///rice MAA/,To84- 0./fN&/ 4 r 7. U.S. Citizen? Yes Dig; state where/ Naturalization Certificate whin Name of U.S. District Court 8. Height Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent ResidenceCard Number Pl/ -o. You ;��Have a current Driver's License? PresentEmployeIk Ylo 12. Address 11. Type of Business or Employment —.. of Business Where Employed (street number, city, state, ZIP) 111).4-7- T /A;E2.) 13. Present Business Telephone .sAmE 4 s A601. Position --e- N/n- 14. Marital Status 4'7 4 A:7Z o 16. Spouse's 15. Name of Spouse (include maiden name if applicable) -Su SA A/ Date of Birth 6/2Z.T ///!' e C // y u7741fl residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer 19. Occupation _^ Address of Spouse's Present Employer 20. List the name(s) of all relatives working in or having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO YOU POSITION HELD NAME OF EMPLOYER LOCATION OF-EMPtCYLR JA}- MES H- -CA /c'Le ,p� &UTF#Cci? , AI .4-44-tea/fit OLt/ A/ t: /. S . t N B R / l4 n,1'5 Cr At A N.i SZar S<t' N ..M. 0 0 / a d, a ° I r ; 3 fln1 21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquoror Beer Licensee? If yes, answer r in n Yes i�S'No CONTINUED ON REVERSE SIDE 951046 Dn 8404-I (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court? (Do not include traffic violations, unless they resulte in suspension or revocation of your driver's license, or you were convicted of driving underthe influence of drugs or alcoholic beverages.) If yes, explain in detail, 7 Yes o 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. Li Yes ® I lco 24. Military Service (branch) A/� From To Serial Number Type of Discharge 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO 1-.4/21.7 =.art .o cm -c« / t Trz e. 70/v_ t"c 80/2Z .31,,ty'4a fie 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO J 4 N D_(� /�C (o l _z-AinyewEss DR. EAST PI. tsl't 27. What is your relationship to the applicant? (sole owner, partner corporate officer, irector, stockholder, member or manager) 28. If stockholder, number of shares/owned beneficially or of record ./2 —5-61 0 Percent of outstanding stock owned as , � 29. If partner, state whether ❑ General Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business. including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $ 2 7,—r 6]-0 0 -------- 3 Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account $ ,,2.2 a-00 SALL— ©f J7 =FcL- 74 ed. -roc% )PT roNS 4rc�rc lA l //"eLPc<f" . $ / dU L o DEFRrr' a. . Ttrk c>>+ rILWS l/ it $ Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature /✓ ,�� 71-7,- 7j- Title z .a__G '.4u 0,u--c4,:�e.-ti Date 'an p� 951046 NORM W. KVERN 10031 Lowell Way Westminster, CO 80030 303-438-8936 March 14, 1995 Weld County Commissioners Greeley, CO RE: Mr. Andrew Herrebout To Whom it May Concern: I have known Andrew (Andy) Herrebout for approximately 35 years through sports, school, and business, and have the highest respect for his ethical conduct when it comes to dealing with people regardless of whether it is in a friendship or business environment. He worked with the John Deere Co. for over 26 years in a variety of highly responsible positions in several countries besides the U.S. His involvement in communities in which he has lived shows his concern for his fellow neighbor and the quality of life he desires. He is constantly looking for means to better his community. I believe he would be an excellent asset to the Greeley community in this venture he is about to undertake, and would definitely be a concerned citizen and business leader. I would highly recommend Andy as a member of your community. Should you have any questions regarding Andy, please do not hesitate to call me at the above phone number. Sincerely, Norm W. Kvern 951946 ROCKMONT VALUE INVESTORS, LTD. March 14, 1995 Weld County Commissioners Greeley, Colorado Dear Commissioners: The purpose of this letter is to provide a letter of personal reference on behalf of Mr. and Mrs. Andre Herrebout's liquor license application. I understand that the Herrebout's are in process of purchasing a bar in Greeley, Colorado. I have known Andy and Sue and their family personally for the past eight years, and have lived next to them during that entire time period. I have also had the opportunity to interact with Andy's professional colleagues at John Deere during that time. In all my dealings with Andy, I can not say enough about the quality of his character and personal relationships. Andy is honest, hard working and always willing to lend a hand to anyone. His colleagues at John Deere speak very highly of him, and have a great deal of respect for his business skills and personal character. Rockmont is a private investment company, and we invest in and acquire operating companies in a variety of industries. The key element of success in our portfolio companies is the quality and integrity of the management team, thus we regularly make and rely on these subjective judgements in making our investments. I can without hesitation recommend Andy Herrebout to you as a quality candidate. I only wish I knew and was associated with more people like Andy and Sue Herrebout. If I can be of any other assistance in your evaluation, please do not hesitate to call me at any time. I am certain that you will pleased in all of your future dealings with Andy and Sue. ROCKMONT VALUE INVESTORS, LTD. . Pfannenstein President SECURITY LIFE CENTER • 1290 BROADWAY • SUITE 500 • DENVER. COLORADO 80203 • (303) 8614951O46 RocKMONT VALUE INVESTORS, LTD. FIRM BACKGROUND OVERVIEW Rockmont Value Investors, Ltd. is a private investment company based in Denver, Colorado. Since we invest our own capital, we make decisions quickly and are able to fund transactions without requiring committee approvals. We believe that the most important ingredient in a company is quality management. We invest in opportunities where we can align ourselves with managers who have a proven track record of success in a specific industry. In our companies, the key management team always has significant equity incentives and is rewarded for successfully increasing the value of the entity. Accordingly, we are partners with the management team, and we insure that we have the same objectives. Rockmont brings a unique combination of hands-on operating experience and strategic rinancial expertise to our portfolio companies. Although each portfolio company operates independently, we work in partnership with management to support and accelerate the growth or the businesses. We are strongly committed to providing capital, strategic financial advice and other resources necessary to'ouild equity value. Our portfolio companies are properly capitalized based on the long-term financial needs or each business. Our investments are structured to provide a conservative and strong equity base to enable the company to aggressively implement its growth strategy. EXAMPLES OF PORTFOLIO COMPANIES AND INVESTMENTS Rockmont invests in a wide range of industries and has the ability to structure its investments in 3 variety of manners. We have acquired majority equity stakes from sellers that are exiting the business, undertaken equity recapitalizations of companies to allow the principals tc obtain liquidity and remain involved in the business, funded the formation of new companies in partnership with management teams that have specific industry expertise, sponsored management buyouts of existing companies and taken portfolio companies public. The following are examples of portfolio companies in which Rockmont and its principals currently have investments. VTC Inc. VTC is a semiconductor manufacturing company which was formerly a division rol Data Corporation. VTC manufactures pre -amp chips for we diss drive indust iaa tang market share in its niche. Rockmont participated as an investor in an equity recani isf the company to provide liquidity for the existing owners managers and position the company for future growth. Koala Corporation. Koala develops, designs, manufactures and markets child protection products for commercial, institutional and recreational establishments. The company has a dominant ocsition in its market niche on a worldwide basis. Rockmont acquired controlling interest in the company from a group of passive shareholders, and Koala continues to be led by its former president who has a significant equity stake in the company. Timpte Industries, Inc. Timpte is a manufacturer of truck trailers and van bodies. Timpte was formerly an underperforming division of a large public company, manufacturing a broad line of transportation equipment. After the acquisition, several low -margin product lines were divested, allowing Timpte to successfully focus on building market share in its remaining segments. 951046 'WIT'S FOR EVERYBODY Copley Family YMCA March 20, 1995 Bears Sports Saloon 2519 - 8th Avenue Greely, Colorado 80631 To whom it may concern: tJ A recycled paper. 3901 Landis Street San Diego, California 92105 Telephone (619) 283-2251 FAX (619) 283-7586 I am writing in reference to Mr. Jim Eakle whom we affectionately call "Tuba Man." Mr. Eakle is a member of the Copley Family YMCA and currently serves as a volunteer on our Board of Management. I have known Jim since 1992 (he has been a member of our YMCA for a longer period of time) and he has helped us to accomplish some significant goals: • Served as chairman of the Annual Support Campaign, 1993, 1994 in which the YMCA raised $85,000 and $90,000 respectively. The funds provided financial assistance to needy children. • Founded and conducted a special events fund raiser held at his restaurant. The proceeds were used to purchase new equipment for aquatics and physical education programs in 1992, 1993, and 1994. The "Tuba Man Celebrity Auction" raised almost $6000 for youth sports programs. The Copley Family YMCA is located in an older part of San Diego that recently has been plagued with crime, poverty and economic recession. The crime rate is 400% above the county norm with the predominance of incidents in the violent crime category. At local schools, 92% of the children qualify for free or reduced lunch programs. These meals are often their only meals. 26 different languages are spoken in the neighborhood as migrants from Mexico and Latin America, refugees from East Africa and immigrants from Southeast Asian all populate this very multi -cultural community. Jim Eakle has been an active part of making San Diego a better place to live. For years he gained a positive reputation as the guy who plays the tuba at the Padres baseball games. He was and is the ultimate baseball fan, bringing fun and spirit to America's favorite past time. "Tuba Man" has also brought that animated, fun -loving, people -oriented spirit to our YMCA. It is with great pleasure that I write this letter of reference for our good friend, Jim Eakle, "Tuba Man." Crate D. Choy Executive Director MISSION STATEMENT: "The Copley Family YMCA is dedicated to improving the quality of human life and to helping all people realize their fullest potential as children of God through development of the spirit, mind and body." NASSAU Nassau Resources, Inc. 650 South Cherry, Suite 1225 Denver, Colorado 80222-1894 (303) 321-2111 FAX (303) 321-1563 March 14, 1995 TO: Weld County Commissioners RE: Reference for Andre Herrebout Please let this be a personal reference for Mr. Andre Herrebout. It is my understanding Mr. Herrebout is purchasing a business in Greeley, Colorado and thus will become a member of Greeley's business community. I have known Mr. Herrebout since 1962 when he was a student -athlete at the University of Denver. Since that time I have maintained his acquaintance while he progressed through a very successful career with a major American corporation. He served in various management and executive positions throughout the U.S.A. and Europe until he retired in 1994. Mr. Herrebout has been, I believe, an asset to every community in which he has lived. Thus, I enthusiastically recommend Mr. Herrebout to any new community and/or business situation he elects to engage in. If I can be of any assistance, please contact me at 303-321-2111. Sierely Z-� Emory L. Sampson, Executive Vice President, General Manager 951046 DR 8404-I (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, all limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, all stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, or other limited liability company members with a 10% (or more) ownership interest in such company and ail managers of a Hotel and Restaurant license. 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 regard ng the character of the applicant. 1. Name of Business e* -fl '-.5 Scz'iz-L5 S) Loc/v , IA/C. Date 2/2 L1/75- Social Security Number(s) - 2. Your Full Name (last, first, middle) /2 >kIe ,Tff,nt5 /e Y 3. Also Known As (maiden name/nickname, etc.) 4. Mailing Address (if different from residence) �,:�;S; 9 -7n fikfl ' G2PP/, (060 Home Telephone o &/9 Sec S /; o 5. Residence Address (street and number, city, state,ZIP) 92 j /lv,/24yituiOftHP, 2tivLit'yc, C//Lrr ?2/2.3 6. Date of Birth 11 - - la�of Birth Le& b'r/, CO C-0. 7. U.S. Citizen? SYes No If Naturalized, state where When (r Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's R9gistratiion Card Number Permanent Residence Card Number 8. Height ej -c--t Weight //5— Hair Color it4:4elc. Eye Color She Sex tri R e 9. Do Ydu Have a I Yds current Driver's License? If yes, give number, & state No N68 : Name of Present Employer Set -c— Ttc ,274/1 S C-2/674/ '5c,9M 11. Type of Business or Employment j9a—a"'st, 12. Address of Business Where Employed (street number, city, state, ZIP) ,2,-, > /. 114, v-P,Cs, t y 4ve,, .Si/varya C9. 9z,c: < Business Telephone 6/ c/ -295— qr 13. Present Position C (Al tiF/2 14. Marital Status 6 15. Name of Spouse (include maiden name if applicable) 16. Spouse's Date of Birth Spouse's Place of Birth 17. Spouse's residence address, if different than yours (street and number, city, state. ZIP) 18. Spouse's Present Employer 1 Occupation 19. Address of Spouse's Present Employer 20. List the name(s) of all relatives working in of,having a financial interest in the liquor industry. NAME OF RELATIVE RELATIONSHIP TO vogq PdSITION HELD NAME OF EMPLOYER LOCATION OF EMPLOYER f n 21. Do you now, or have you ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer Licensee? If yes, answer in detail ❑ Yes 7No 951041 CONTI OH 8404-I (2/94) Page 2 22. Have you ever been convicted of a crime, or received a suspended sentence, deferred sentence, or forfeited bail 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 drugs or alcoholic beverages.) If yes, explain in detail. I Yes gNo 23. Have you ever received a violation notice, suspension or revocation for a liquor law violation, or been denied a liquor or beer license anywhere in the U.S.? If yes, explain in detail. LI Yes KNo 24. Military Service (branch) i.' Sin C. From 197c To f 9.7E Serial Number % Type of Discharge Nptio,ea 25. List all addresses where you have lived for the past five years. (Attach separate sheet if necessary) STREET AND NUMBER CITY, STATE, ZIP FROM TO ; ,nfl ott p p,ou %10907 5-4 O/yos0, er>JC / F 9 2/ Z3 G77 Mme - 26. List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO r ' d4 in .-1 v 5 --j?44'J S14,rl 24-5 - , v4v, v. q,,C 54v ti'c's/ (4 99Z/oV °PA/P/Z /97e, Mr; tit, & 27. What is your relationship to the applicant? (sole owner, partner/corporate officer, director, stockholder, member or manager) 1 caezpcAnt P o -fiCQy—VtC,P_ 1Q"(t SId9flf 28. If stockholder, number of shares owned beneficially or of record 2.5,o10 Percent of outstanding stock owhed lo %. 29. If partner, state whether I General • Limited Percent of Partnership Owned If Limited Liability Company (percent owned) 30. Total amount you will invest in this business, including notes, loans, cash, services or equipment, and operating capital. (Reg. 46-106.1 and Reg. 47-107.1) Amount $__` C, OOC9 31. Identify the sources of all funds you will invest in this business as listed in 30 above. List all bank names, account numbers and the amount derived from such source. Also identify all persons authorized to sign on, or who are part owners of said account. (Attach copies of all your notes or loans used in or for this business.) Amounts Sources - Account Numbers Names on accounts or person who can sign on this account $ 3S,Oo0 %PAS*w4G .,r%6 nNyS ,,9n,A u-, Clad- J /Is7rr S' jr fLE $ 1r COO Yd 5644c elf et -kJ' "Li >.ti/ C -f .'4nre,/7 #`i27, Jl'a5 6'. Ff4,tLF_ $ $ Oath of Applicant 1 declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Ai 17.'Jii" li ( cra Title al, 5N�+ /!� •r�if%l i Date // 951946 1875 Second Avenue San Diego, California 92101 619.233.6262 FAX.233.6283 mamas kitchen March 6, 1995 To whom it may concern: RE: James R. Eakle James R. Eakie began volunteering for Mama's Kitchen in October of 1993, and since that date, has devoted at least two hours a week to delivering meals to our clients. -._'lama's Kitchen is a non-profit, volunteer driven AIDS service organization that prepares and delivers hot meals daily to homebound clients throughout San viga County. Without competent and extremely dependable volunteers, like Jim, Mama's Kitchen could not fulfill its mission to over 300 very sick individuals. coring his months of volunteer service at Mama's Kitchen, Jim has proven to be ^p -nd i� loyal ' willing do whatever ever was asked of him. These / ..�,1.;-ill •, and i��r, il�g to h t was These characteristics, combined with his friendly nature, make Jim a valuable resource for any organization. He has been an active businessman for years and is a credit to his community and I would highly recommend him for any future endeavors. Should you have any questions, please do not hesitate to contact me at the above address and phone number. l cEc Picot -lark, , Volunteer Manager ! P t-- Copy: File 951046 Greeley Tribune 501 8th Ave. PO Box 1138 Greeley, Colo., 80632 (303) 352-0211 March 14, 1995 Commissioners County of Weld To Whom It May Concern, Thank you for allowing me the opportunity to present a recommendation of Mr. Jim Eakle, proprietor of Bears Sports Saloon. I have known Mr. Eakle for the past decade, and have found him to be an even more astute businessman with credentials to match than I had been told. Mr. Eakle doesn't profess to be an expert in owning and operating a business such as Bears Sports Saloon, but with his numerous years of experience in the business, he does have a profound knowledge of what to offer to the consumer, and also be a highly reputable contributor to the community. I have experienced his congeniality, professionalism and business qualities first-hand, both as a friend and as a patron. I have always marveled in his ability to succeed in any endeavor he has encountered. 501 EIGHTH AVENUE P.O. Box 1138 0211 GREELEY, COLORADO 80632 303.352- 951046 His record as the owner -operator of Tuba Man's Grand Slam Saloon in San Diego, Calif., speaks for itself. Mr. Eakle somehow has found the correct formula for success, operating a smaller scale establishment in a relatively large market. In doing so, he has also always been a welcome addition to the community. I was extremely pleased to hear of his intentions to return to Greeley, where he attended college, and give back to the community that gave him his start. I honestly can't think of a better person to handle the task who would be more welcome in the community as a genuinely honest and sincere person along with his business skills that will make Bears Sports Saloon an establishment that Weld County can proudly call its own. If you have any further questions, feel free to call me at anytime. Yours truly, Samuel G. Mustari Greeley Tribune Staff Writer 501 EIGHTH AVENUE P.O. Box 1138 0211 GREELEY, COLORADO 80632 303.352- 951046 JOE PPIJER 'PRODUCTIONS 694165 P.01 jot e Bain 74oductiona, 1196 Brockton Street, El Cajon, California 92020 (6 9) 562-5080 Tom Walker Weld County Commissioners Greeley, Co. FAX: 1-800-678-1714 March 15th, 1995 Dear Tom, I have been a broadcaster on KF14B-AM radio in San Diego for 20 years. As part of my role as a member of the Hudson & Bauer team, the number one rated morning radio program in southern California, there are numerous civic and social duties that I perform. I have known Jim Eakle for the entire time that he has owned Tuba Man's Grand Slam Sports Grill. Over those 19 years, Jim has been actively involved in many community events, especially the YMCA. He is always willing to assist at charity events, and his Dixieland Band is welcome wherever they play. Jim has always had a great capacity to lend a helping hand and make people laugh. I know that Jim would be a positive addition to the Greeley area, and San Diego will surely miss the "Tuba -Man". Sincerely, -)f/ jl Joe Bauer Rosenthal 951046 °Monfort Monfort, Inc. Corporate Headquarters P.O. Box G Greeley, Colorado 80632-0350 (303) 353-2311 March 16, 1995 Weld County Commissioner Greeley, CO To Whom This May Concern: Allow me to introduce myself. My name is Tom Walker. I first dame to Greeley to attend Colorado State College in 1969. Upon my graduation in 1973, I was in the bar/restaurant business for the next ten years in the Greeley area. I have spent the last twelve years and am currently employed by Monfort Inc. I am the Northeast Regional Sales Manager for the domestic boxed beef sales division. I have known Jim Eakie since 1969. He was my "big brother" in our fraternity at Colorado State College. Over the last twenty-six years (part of which Jim spent in Greeley, Denver and the San Diego area), I have known him to be involved in countless charitable organizations. He is an outstanding individual and a valuable asset to our community. Please help me welcome him. Sincerely, Tom Walker Regional Sales Manager TW/jhr 951046 zre March 18, 1995 Bruce Barker Weld County Attorney PO Box 1948 Greeley, Colorado 80632 Dear Mr. Barker, from the desk of... Thomas E. Walker 353 Wyndham Avenue Greeley, Colorado 80634 (303) 353-6514 MAR 2 1 1995 j LD COUNTY A . i 1RNEY'S OFFICE My name is Tom Walker and I am the executor of my brother's estate. As executor, I entered the estate into an agreement with Andre R. Herrebout, Susan N. Herrebout, and James R. Eakle to operate Bears Sports Saloon under a lease agreement in pursuant to Colorado law. The above parties have a lease agreement with the Henry Walker Estate until such time when the liquor license is approved. Upon approval of the liquor license, the above parties who have formed a corporation, will purchase the business. If you have any further questions, please contact me at the Con Agra sales office at 353-2311 ext. 8203 or at home at 353-6514. Sincerely, Thomas E. Walker sw 951046 BEAR'S SPORTS SALOON MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of Greeley, County of Weld, State of Colorado this i41' —O day of , 1995 by and between the ESTATE OF HENRY L. WALKER, hereinafter referred to as Owner and JAMES R. EAKLE, ANDRE R. HERREBOUT and SUSAN N. HERREBOUT, (hereinafter collectively referred to as Manager.) RECITALS 1. Owner owns the Bears's Sports Saloon which is a bar and retail laundry business located at 2519 8th Avenue, Greeley, Colorado, 80631, herein referred to as "BEARS", together with all furniture, fixtures, machinery, appliances, operating equipment, books, records, and other personal property used is said operation. 2. Owner desires the services of Manager upon the terms set forth in this agreement, and Manager is willing to accept such employment on the terms set forth in this Agreement. For the reasons set forth above and in consideration of the premises of the parties herein, the parties agree as follows: SECTION ONE TERM OF AGREEMENT The term of this Agreement shall extend from March 14th, 1995, to May 31, 1995, unless sooner terminated via the actual sale of said business by Owner to Manager. SECTION TWO TERMINATION OF AGREEMENT This Agreement may be canceled at any time by mutual agreement of Owner and Manager, and this Agreement may also be terminated by Owner in accordance with the provisions set forth below. SECTION THREE ACCEPTANCE OF EMPLOYMENT Owner employs Manger to operate BEARS and render the services herein stated, and Manger accepts such employment and shall discharge such duties all in accordance with the terms herein set forth. 1 951046 SECTION FOUR SERVICES OF MANAGER Manager shall be the exclusive Manager of BEARS and Manager shall provide Owner with the services customarily provided for in such instances including the following: a. Accounting. Manager shall keep all accounts and supervise all audits and bookkeeping and submit monthly statements to Owner showing the details of BEARS operations. All such records shall be open to the inspection of Owner and Owner's agents, counsel, or auditors at all reasonable hours. b. Buying. Manger shall be responsible for and make available to BEARS its buying power, without profit on any purchase which may be made. c. Operation of Business. Manager shall be fully responsible to direct and control all aspects of the operations of BEARS as is necessary and appropriate to said Business. SECTION FIVE INSURANCE Subject to the approval of Owner, Manger shall secure all insurance policies necessary to the proper maintenance and preservation of BEARS, except fire and extended liability insurance for the real estate and structure which houses BEARS. Owner will be responsible to continue that insurance. SECTION SIX CONTROL OF EMPLOYEES Manager shall have full power and authority to take all actions to bring about an efficient operation of BEARS, except for actions specifically prohibited in this Agreement. Manager shall have exclusive authority to hire and discharge all employees necessary for the operation of BEARS and to fix their compensation and privileges. SECTION SEVEN LIABILITY FOR LOSSES All expenses or damages incurred in the operation of BEARS shall be paid by Manager from the funds which may be derived from the operation of BEARS. SECTION EIGHT MANAGER'S COMPENSATION As compensation for services to be rendered hereunder, Manager shall receive all cash receipts derived from the operation of BEARS as set forth in this Agreement. 2 951046 The Manager agrees to pay Owner $2500.00 in cash at the inception of this Agreement which in non-refundable as Owners compensation for this Agreement. SECTION NINE MAINTENANCE OF OPERATING EQUIPMENT BEARS property and all furniture, fixtures, machinery, appliances, operating equipment, and all personal property used in the operation of BEARS shall be maintained in first-class repair, and in such condition as such equipment was in as of the date of this agreement. For such purpose, Manager may expend from the funds derived from the operation of BEARS an amount adequate for such purposes. SECTION TEN TERMINATION The Management Contract shall be subject to termination by the Owner in the event Manager shall violate any one or more of the terms hereof, which violation shall result in inefficient management or other conditions detrimental to the operation of BEARS. In the event Owner shall deem that Manager has violated the terms of this Contract or that this Contract is subject to termination for any reason stated herein, it shall give Manager written notice thereof, specifying wherein this Contract has been violated and granting Manger fifteen (15) days within which to comply with such objection or objections. If Manager shall fail or refuse to comply with any valid objection so made within fifteen (15) days from receipt of such written notice, Owner may terminate this Contract. Any such notice shall be delivered in person or by registered mail, addressed to such address as may be furnished by Manager. SECTION ELEVEN ARBITRATION In case of dispute as to the validity of any cause of termination of this Agreement, the removal of resident manger, or the interpretation of any provision hereunder, such dispute shall be settled by Arbitration. Owner shall appoint one arbitrator, Manager shall appoint another arbitrator and the two arbitrators so appointed shall appoint a third impartial and disinterested arbitrator. The decision of the majority of the arbitrators shall in the absence of fraud or concealment be binding on both parties. SECTION TWELVE RESTRICTIVE COVENANT Manager shall not have any interest in any other Liquor Licensed facilities within the State of Colorado during the terms 3 951046 of this Agreement. SECTION THIRTEEN ASSIGNMENT Manager may not assign this Agreement or any of the rights and duties expressed herein. Owner shall have the right to assign this Agreement only upon the sale of BEARS to a third party. SECTION FOURTEEN GOVERNING LAW This Agreement shall be construed in accordance with and governed by the Laws of the State of Colorado. SECTION FIFTEEN BENEFIT This Agreement shall be binding upon the parties hereto, their heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties to this Agreement have duly executed on this day and year first above written. ESTATE OF HENRY L. WALKER, OWNER: JAMES R. EAKLE, ANDRE R. HERREBOUT, SUSAN N. HERREBOUT MANAGERS: BY: l \ BY 4 951046 AGREEMENT FOR SALE OF BUSINESS BY ESTATE OF DECEASED SOLE PROPRIETOR THIS AGREEMENT is made and entered into this / ""day of , 'd' ,�, 199,Sr in the City of Greeley, Weld County, Colorado, by and between THE ESTATE OF HENRY L. WALKER (hereinafter referred to as "Seller") and JAMES R. EAKLE, ANDRE R. HERREBOUT and SUSAN N. HERREBOUT (hereinafter collectively referred to as "Buyer"). Any reference to "Seller" shall include the seller's estate personal representative. The parties recite, declare and agree: A. Seller now owns and conducts a bar and retail laundry under the name of "Bears' Sports Saloon", located at 2519 8th Avenue, Greeley, Colorado, 80631. B. Buyer may be substituted by a corporation to be formed by the said buyers. C. Seller desires to sell and Buyer desires to buy such business for the price and on the terms and conditions hereafter set forth. D. Included in the sale of the business is commercial real estate located at 2519 8th Avenue, Greeley, Colorado. A contract therefor is attached as Exhibit B and shall be an integral part of this Agreement. E. The selling estate shall comply with all necessary probate procedures and requirements in order to transfer good and merchantable title to both personal and real property to purchasers, including but not necessarily limited to opening decedent's estate, appointment of a personal representative, publishing notice to creditors, filing an inventory of assets, filing and paying all estate taxes including payment of taxes on income earned on estate taxes. During the period of administration, obtaining federal and estate waiver of estate taxes, obtaining Letters, bonds and all other things and procedures necessary to transfer title to purchaser free and clear of all types of taxes, liens, encumbrances, security agreements and the like. For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, Seller and Buyer further covenant and agree: SECTION ONE Sale of Business 1.1 Subject to the terms and conditions of this Agreement Seller hereby sells, assigns and conveys to the Buyer, free from all suits, liens, taxes, claims, and encumbrances, the tavern bar and associated retail laundry facility, owned and operated by the Seller at 2519 8th Avenue, Greeley, Colorado, 80631, known or designated as Bears' Sports Saloon, including the real estate upon which said business is located, food and beverage supplies, stock -in -trade, supplies, merchandise, furniture, fixtures, equipment, and all other assets used or relating to the business, situated in such premises, 951046 and specifically set forth and enumerated in the schedule annexed hereto, entitled Exhibit "A" and made a part hereof by this reference. This Agreement also includes all the trade names or business names, trade marks, logos, service marks, business records, phone ads, phone number, proprietary information, employee lists and other tangible and intangible assets owned and used by the business, any and all registration, applications, and filings for the same, licenses, and permits, insurance policies, and all contracts relating to the business sold. 1.2 This Agreement does not include the following items: any accounts receivable. 1.3 Sellers will draft and obtain all necessary permits and agreements allowing one or more of purchasers to carry on the bar business during this period of license transfer. SECTION TWO Consideration 2.1 In consideration for the transfer of the above -described business from Seller to Buyer, Buyer shall pay to the Seller, the sum of Two Hundred Thousand Dollars ($200,000.00) which Seller shall accept from Buyer in full payment therefor, subject to the terms and conditions herein contained. SECTION THREE Allocation of Purchase Price 3.1 The purchase price of $200,000.00 shall be allocated to the various assets of the business as follows: (a) The premises located at 2519 8th Avenue, Greeley, Colorado, $114,000.00; (b) Equipment, furniture, and fixtures, including coolers and retail laundry equipment, $75,000.00; (c) Goodwill, $6,000.00; (d) Stock -in -trade on premises or to be delivered prior to closing day, $5,000.00. 3.2 Buyer assumes no liabilities of Seller. Seller agrees to pay all existing debts, claims, demands, accounts payable and liabilities. Schedule "D" is a list of all debts and names of creditors owed by Seller. 951046 SECTION FOUR Time and Manner of Payment 4.1 The purchase price shall be paid as follows: $2,500.00 on the signing of this Agreement, the receipt of which is hereby acknowledged, and the balance of $197,500.00 on the closing of this Agreement, to be paid as follows: $77,500.00 in cash or certified funds at the time of closing; and $120,000.00 in the form of a Note to be secured by a First Deed of Trust on the subject real property. Indebtedness may be prepaid without penalty. Interest shall be 10% per annum, compounded yearly, for fifteen years. Principal and interest shall be paid in equal monthly payments of $1,289.58 or more per month. Payments to commence one month following the transfer of the liquor license, but no later than June 1, 1995. SECTION FIVE Closing 5.1 This Agreement shall close on within 24 hours of transfer of the liquor license at 1:00 p.m., but no later than June 1, 1995, at the offices of Dickson and Dickson, P.C., 821 9th Street #101, Greeley, Colorado or at such place as he may designate, being the attorney for Seller. At such time, upon payment by Buyer of the portion of the purchase price then due, Seller shall deliver to Buyer, a Bill of Sale, a General Warranty Deed to the premises a 2519 8th Avenue, Greeley, Colorado, and all other instruments of sale, conveyance, or assignment that may be required for the proper transfer by Seller to Buyer of all of the assets of the above -described business enumerated in the schedule attached as Exhibit "A" free of all liens, taxes, security interests, and encumbrances, which instruments shall contain the usual warranties and affidavits of title. On such closing date, pro rated adjustments will be made for premiums on insurance, payroll, payroll taxes, real estate taxes, telephone utilities, sales, use and personal property taxes, the net amount of which adjustments shall either increase or decrease the purchase price, as the case may be. SECTION SIX Representations of Seller Seller represents and warrants: 6.1 Seller is duly qualified under the laws of Colorado to carry on its business. 6.2 The estate's personal representative has full right, power, and authority to transaction and consummate the transactions contemplated by this Agreement. Paragraphs A through E above are included as though reiterated. 6.3 Seller will provide Buyer, upon request, with a balance sheet of Seller as of whatever date Buyer requests hereinafter, up to ten (10) days prior to the 3 351046 1 date of closing, which will be prepared in accordance with generally accepted accounting principles and fairly represent the financial position of Seller as of the date of such balance sheet and the result of Seller's operations for such period; 6.4 Seller has good and marketable title to all assets set forth in the schedule attached as Exhibit "A" and "B" both real or personal, and both tangible or intangible. All such assets are free and clear of all restrictions on transfer or assignment and free of all liens, taxes, security interests, and encumbrances except for those disclosed in the attached Exhibit "D". Seller is not bound by any contractual obligations not listed in its balance sheet. 6.5 Seller has complied with and will continue to comply with and is not in violation of, all applicable federal, state, and local statutes, laws, and regulations affecting Seller's properties of the operation of Seller's business; 6.6 Seller represents that it presently is being named as a defendant in a civil lawsuit brought by a former patron of the bar, namely, Casey Maes, in the Weld County District Court, Case No. 94 -CV -537. Seller will continue to fully defend said lawsuit to its conclusion, and agrees to hold Buyer harmless from said suit or any judgment as may be rendered in favor of the plaintiff and against Seller as a named defendant. 6.7 The execution, delivery and performance of this Agreement will not conflict with nor result in any breach of the provisions of, or constitute a default under, any agreement or other instrument to which Seller is a party or by which Seller (his heir or personal representative) may be bound. 6.8 To satisfy the Buyer that Seller's warranty of title to real and personal property is true as of the closing, Seller will deliver to the Buyer a closing statement indicating that all the business indebtedness have been completely discharged except for utilities which costs have been pro rated at the time of closing. 6.9 Except for the litigation noted in 6.6 above, there is no pending or, to he best of Seller's knowledge, threatened actions or suits against Seller with respect to the business of the bar and laundry. Seller gives Seller's attorney's authorization to talk and discuss said suit with Buyer's attorney and insurance carrier. In the event Buyer's attorneys feels this sale is threatened by said suit, then this sale and purchase can be voided by the Buyer. 6.10 Attached Exhibit "C" (Contracts) is a list of all agreements to which Seller is a party in connection with his ownership of the bar and laundry. Buyer is not obligated to assume any of Seller's contracts, if any. 4 951046 6.11 Seller agrees, at all times and from time to time, upon request of Buyer to do, cooperate, execute, acknowledge and deliver or cause to be done, executed, acknowledged and deliver all such acts, documents, assignments, transfers, bills of sale, powers of attorney and assurances as my be required to completely transfer the liquor license and assets to the Buyer. 6.12 All equipment and fixtures are in the physical control of the Seller, and the equipment, fixtures and appliances on the premises are in good working condition, and in a state of good maintenance and repair, ordinary wear and tear excepted. Between the signing hereof of the passing of title thereto, Seller will maintain same in a good and working condition. Seller will give Buyer notice immediately of any material adverse change in the physical condition of personal or real property of the bar and laundry facilities. In the event of material adverse changes in the judgment of buyer, buyer shall have the right to void this purchase. 6.13 (See also 6.6) Seller represents and assures Buyer that the pending litigation will not affect adversely this sale. 6.14 Seller has no employment contracts or any financial arrangement for the benefit of his former or present employees. No employee has paid vacation coming. 6.15 Seller is not aware, and it has not received notice of, any violation of any applicable federal, state or local law or regulation, including without limitation any applicable building, zoning or other law, ordinance or regulation, affecting the bar/laundry or its operations that has not or will not have been resolved prior to the Closing. 6.16 The execution and delivery of this Agreement and the documents required hereunder and the consummation of the transactions contemplated by this Agreement will not conflict with or be in contravention of Seller's governing documents or of any law, order, rule, regulation, writ, judgment, injunction, decree, determination or award of any court, government or governmental agency or instrumentally applicable to Seller, the bar/laundry or the Property. 6.17 The obligations of Purchaser to consummate the transactions contemplated by this Agreement are subject to satisfaction of the following conditions at closing, and should any of the same not be satisfactory, Buyer shall be entitled to either waive the same in writing and proceed to consummate the sale or terminate this Agreement, to wit (a) obtain title to both real and personal property which is good, perfect and merchantable, free and clear of all liens, encumbrances and security agreements, (b) all representations and warranties made by Seller are true, correct and complete, (c) complete transfer of all licenses (liquor) to Buyer of the bar/laundry facilities and (d) warranties and representations survive the closing. 5 951046 6.18 In the event any regulatory agency requires buyers to make premise improvement exceeding the cost of $30,000, as a condition of carrying on the business, then, at Buyer's option, this contract is void. This condition will not survive the date of closing. SECTION SEVEN Conduct of Business 7.1 Between the date of execution hereof and the date of closing, the Seller will carry on Seller's business in the usual and ordinary manner and will not enter into any unusual contract or make any unusual commitment affecting the operation of the business beyond such closing date without consent of Buyer. SECTION EIGHT Indemnification 8.1 Seller hereby agrees to indemnify, defend and hold harmless Buyer, including his respective officers, directors, employees and shareholders from, against and with respect to, any and all claims, demands, losses, costs, expenses, taxes, obligations, liabilities, damages, recoveries, judgments and deficiencies of any kind or character, including, without limitation thereto, interest, penalties and reasonable attorneys' fees, arising out of or in any manner relating or attributable to: (a) Any liability, obligation, agreement or undertaking of Seller contained' herein or made in connection with the transactions contemplated hereby, or relating to any of the Property with respect to all periods of time prior to the Closing Date; or (b) Any failure of Seller to perform or observe, or to have performed or observed, in full, any covenant, agreement or condition to be performed or observed by it under this Agreement or under any certificate or other document or agreement executed by Seller in connection with this Agreement. SECTION NINE Form of Agreement 9.1 The subject heading of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of these provisions. 9.2 This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations, and undertakings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any provision of this Agreement shall 6 951046 be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 9.3 This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which, together shall constitute one and the same instrument. SECTION TEN Parties 10.1 Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement or by any persons other than the parties, their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party of this Agreement, nor shall any provision give any third party any right of subrogation or action over or against any party to this Agreement. 10.2 Other than a corporate buyer composed of the parties first mentioned, this Agreement shall not be assigned by either party hereto without the prior written consent of the other party and shall be binding on, and shall inure to the benefit of the parties to it and their respective heirs, legal representatives, successors, and assigns. 10.3 The Seller and the Buyer shall each pay his or its own expenses (including, without limitation, legal counsel and accounting fees and expenses) incident to the preparation and carrying out of this Agreement and the consummation of the transactions contemplated hereby. 10.4 All notices, requests, consents, and other communications hereunder shall be in writing and shall be deemed to have been given if personally delivered or mailed, first class, registered or certified mail, postage prepaid, to the parties at the respective addresses as first hereinabove set forth, or to such other address as shall be given in writing by either party to the other party hereto. SECTION ELEVEN Remedies 1 1 .1 Any controversy or claim arising out of, or relating to, this Agreement, or the making, performance, or interpretation thereof, shall be settled by binding arbitration in accordance with the Rules of the American Arbitration Association then existing, and judgment on the arbitration award shall be entered in any court having jurisdiction over the subject matter of the controversy. The arbitration panel shall be three impartial arbitrators. 7 951046 1 1 .2 Each party's obligation under this Agreement is unique. If any party should default in its obligations under this Agreement, the parties each acknowledge that it will be extremely impracticable to measure the resulting damages; accordingly, the non - defaulting party, in addition to any other available rights or remedies may sue in equity for specific performance, and the parties each expressly waive the defense that he remedy and damages will not be adequate. 1 1 .3 If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney fees and other costs incurred in that action or proceeding in addition to any other relief to which it may be entitled. SECTION TWELVE Governing Law 12.1 This agreement shall be construed in accordance with and governed by the laws of the State of Colorado. SECTION THIRTEEN Benefit 13.1 This Agreement shall be binding upon the parties hereto, their heirs, legal representatives, successors and assigns. IN WITNESS WHEREOF, the parties of this Agreement have duly executed on the day and year first above written. BUYER: SELLER: ESTATE OF HENRY L. WALKER By: /,mot , 12-A4 / l a By: \,� Personal Representative te 8 951046 EXHIBIT A (Assets of Sale) EXHIBIT B Commercial Real Estate Agreement 2519 8th Avenue, Greeley, CO EXHIBIT C Contracts in which seller is a party. EXHIBIT D List of all seller's business debts and obligations 9 951046 EXHIBIT "B" co AGREEMENT FOR SALE OF BUSINESS The printed Fallen of Ode (a approved by red Coloreds Reel [slate Cesslaalw (CMS -SAM THIS IS A LEGAL INSTRUMENT, F NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD SE CONSULTED BEFORE SIGNING. COMMERCIAl. CONTRACT'fl BUY AND SELL REA I. ESTATE Scl ICJ' remedy Liquidated Damages or Specific Performance (Scullin' 161 _25___I. PARTIES ANDPRtFRT 1 James Eakle, Andrew Herrebout and Sue He Iv M' 77 furrhVert al IRvCh,'idt?na elm tenant)9enaMe in common) apeta to buy. and lie undersigned seller.° ISelleq, agree, in sell, on the terms ar.l-crmlekn se, faith in this vintner. the following described real [Mite in the Ctant Weld r old L't,Itkak, e, WIC Legal to be included #1 Correct Names: James R. Eakle, Andre R. Herrebout and Susan N. Herrebout #2. See #20 ktownn No. 251.9 8th Avenue, Greeley, CO 80631 together with all interest of Seller in vacated streets and alleys mljaccm therein, all casements amp other appurtenances thereto. all intpnnemenu thereon and all attached florins 'hereon, except n herein eacltnkd. and called the Pnmerty. 2. INCLUSIONS. The purchase price inck,ks the :following ten,, tat if anxhcd m ole Progeny nn the dare of this crag nrclighting heating, plumbing, ye: flaring, and air crwditbning futures:ttnkei fit r kngl13r alarms. acuriv devices. inside telephone siring and connecting bhvks`jacka, ;Amnia, fluor coverings. intercom systems. bolt -in kitchen.appliances,M 't Ater Ycn$4Rf}S,si tpr'P Anti I hl if on the Property whether attached or nor on the date n( this aim race: The abaaedeacyibed included kern I lalusionsl are to be n nse)rd In Purchaser by Seller by hill of sale at closing. Lee and clear of all taxes, liens and encumbrances, except as (avoided in section 10. The following attached fixtures are (wltaded from this sale - 5. PURCHASE. PRICE AND TERMS. The purr haw peke shall he 5114.000.00 follows(complete the applicable terms lek,wr SEE ATTACHED AGREEMENT (al Knelt Mewwy, S infix fwmnl papahte in I t S. dalpan by Purchaser an as earnest names depose and part Paynwm td the purchase pia, payable to and held M hnicr. in I niter''strust account on behalf d bosh -Seiler and Purchaser. Raker is authoPPM In deliver the earnest money depose to the riming agent. if any. at or before tithing, lb) Cash al Cloning. SEE ATTACHED AGREEMENT f lobe paid by Purchaser at cllning in cash. eleemmic Iran, er funds. certified check. rninpa and Irian teller's check. or cashkrbcheck. iuhjen to the pnwinimn, of sec,kn s, it the esicting loan balance at the time of closing shall he different (non he loan balance in section 3. the adjustment shall le made in cash at cluing or paid as for lows- N/AIdI New Lean. by Pnmhavr obtaining, new bun this kern w ill he veined by l hr. 2nd. etc.) deed" tool. • The new loan to Purchaser shall he anawtiard 'OCT a peed" ye sr ppnni rely S per month inelo line principal and intermit not m tweed 2 per annum. pith. if required by Pun Imam's lender, a numbly demon of Mr of the estimated annul Mel ndre por nb innnme trout,,,, .Mini nun, gagrn'nva a pennnrn. If the loan in an .n ljno able inters, rare or graduated pay mm loan. the monthly payments and interest ma kirially .lull nit ear er,i,he finilif c set finch alone. Loan discount (Mini', if any, shall he pad in lender at cloning and shall ere e.teed F" the total Inn amsmt The Iron, (1. 2, etc.) loan diwtum pan..,h.all he paid by and the balance, it any. shall be paid by Purchaser shall timely pay a Man miginalkin fee twit Ineacerd ^ dthe nana n IP ch cr. I c t (' r toy porn al for loan purposes to be obtained alter this date shall he paid by upon loan application a required by lender, IA-4d)Aassptkn. S by Purchaser s assuming and agreeing in pay nn mining loan in this appnnimate mount. presently payable at f per month indmling p irtcipal, interest peanay nt _ % per anoint and inehding escrow ho the following an indicated: li real (Mule WOO. I I mortify main'' premium. I I n trtrare ineut ace trmiton, aid I'nmhaecr inners to pay a loan newsier fee not locoweed S Al the time old namnt km, the dtrw interest rate shall tan pad era per annum and the new numbly payment shall ere edcerd 5_ I`hn eten , if any (l Sella shall Fl ,hall in.., be released) from Patine). ow. saki loan. p.app applicable, compliance with the ¢,pttte,ttrun for release Irmo liabmty shall he e.Mknced by delivery at cloning of appropriate letter from lender. ('ant payable fn mkasesi Nabiliry appall lw per I by in an v amts ten mewecti Ne. CSS2.5d1. COMMERCIAL cnnTi NT To Osty ANDSUM,I. RF A I. a_STATT 9511046 See Section Five gisf Attached Agreement 9, IlVI I: U4' (1.r ISINI:. d he date d dining .lull la_ ,Irl 7 In by mutual Jews:mem al an earlier dam. The hour andplace d diNing,lallhe.udc,lgn.nal by Attorneys Dickson and Dickson, Greeley, CO 111.1RANSIHH OF -hi 11.E. Sahj.'•I lnlcl.lm or pa, meal on•cared herein and clrniIii,ee by I'luchuacr w id. Ow -other terms and pan1,Ian•IM'O4. Scllct ,hall c\callcml dohtcr a pool :Ina ]Netts warranty d'cd w l'nrcha.<r. on, lronp,. m•e) mg l'nywn) I lse asl deal IJI.1111a•c',eai,Cii IIICgtI nll.,e, I.x ate )e.1n'I•h,vng, mJC, CPI none :lace and. le... of all tan lmyc nd ;inprnl• - � .Iallud:u of llw date 1al'un bawY,oainruic lrinxr. wls-t WW a\v....l,''I1.. .pIii ti lMu.r iii] is ..lvul , In'whoa eable PC. cat e Pl lllw, I'rller alltcmil ly the laic I),O.y11111,11N.1.t po-JLy l'nn II.' nl.n 01,11l,,tu.1, May en ep111.',, slit. d:un.l II I iii1 twain the Iur1•litn munla nl.u.Naol.lnuw111r,1'1w.n.111 F11.1+d`.dt. I.. bnxl.l, and nl.luoln I" 'nyw nlxx alxrwnby the rq• vg II. C\lhll:NI 114 I.N('11h 1111.\NITS. \ inni.Inbbialit . Iclitlinde. lr P'n.I,halll.a 11.11', cItI''Ietlit Itnx nd,.lde'rx I,I ]Worm Nervy -reds. .a HUN 11'alc.I• Ibm .x Il.mm an) lxly ,.nn e. 12.t IIISINl: 111118 nu('IIhllN IN AND \FIN\llll hnohatet S,dia\h.'Illm) Own rulrame ai g coaisjl clotting...eager( as talwra lac phoulailIi Pint luvr andSOLI' 114 'Idyl' all horoichaiyu all u i dais wlnta l,,N:Im5dm g Imo for real CdtOe aI Alai ltn ewt'Oh SN/A_____._ alhl,b:diNnuidalaln,;llghy each party to pay their own costs I). I'IORAI IONS lkluul late' l.'s the\cal tl,nw.INactl on ]lie II..Ilet ell' ler) and the lunln•enl J,a„nn'tu. Ienr. walcr and sewer lhargo,uwnRS,'wx;alrvmdue,' nl irt'I'I I Ina glr it I I' 141 la II pr al dtµlale tick stria Any I•,,,• Ili I'I1J IIfI )aa'I •le '111II' I II ,1•1114'1' ,,pro —rated to day of closing IJ. POSSESSION. Ibt.et,xx, 64 die Ii, ciiv all,III'c del itcied Iii Pm. LJ,no,Ld1.Iw,. on day of closing ,uhjeel lu (hi lull lost' leJWINi ear levlw)isi none • • II 5allc'. .ilia •L1, haut', 1. delnet ,o11n 1111 dr. .1.o- Kan' ,IR+um.1. S, II.I .11,11 l' an'icti br a.wluln and 'ball Ic Pm.i1,.I I11W'In1d> 10o.00 nabs 11111 mhhnmulh'lialdem I1dun_ _ I• 11LuLleO all.* •"1rn 11nu1 p. ..,.1.111 I,%IL d 15I'I INIII I IILN IR \NII INN \I:l' III PI0 119 H 11. I In hog, u, AI lea. Linn, J1.dl lv turn4lui in 1111, pls,ew a.rnbmrn, ordinary -nJam aryl Isar. .Phd b1 like. n.m dr. hulk r .Ira II41W tl b, III.111alit,,.1.1111 j1116.1 11111,1e rrr.Lnrn g.a 11 .4 Rill than on lc. 1.11 the 1.11.11 Inn, lute llr ..T 11.1 .Ir.dil....Idmd, ilia. I'a ihr ,.x.r 11. I', l.dy. da te l d. Ig In Ilbdu e .n,nor rcpt eel w 11111,, nd 111INC m d III. d.11.11.11.‘, e•. enI . ,, Lail d11a 11nn1.1n r -nun Iv 1.11111.1..1d a1 IlI e .W11 • 111 l int'vna Si,,1ul.1 I',,,,uwd1. I o lcagily ...Ill llu, .011.1 11, ...1111 1• d.11.11.d.11.1d.11.11.11,..., 1.'. I',,11,t, dull I. .1nitl.rl I.1 ..1m to, ,I Iilk' m,nnan I.I'i .e,I, 1 „thing le rum ,mall djunJgc h1 die I Itlipeny and 11x lea,. 1, .. • .1L1rg,Io.n the ran , P i Oil Ike LLn ,h1.1 s In, II'..• R'd 11,1 I.ill II:urliw+II.11,11•01 ha 4 • aelane,el ls] .ulna Jultl¢.LnC 1d.L..ulg In dm.laisd lx. ....1....L.Le.a.11.111.d,t,dwi1>n11,ix,11.dl Ir liable lot dike rcp.III or lrpLl.alwm ]!mall hit iunUl 1111 NCIe VMS •till .11In 1 .N ,bailer ,In, are Jul g1ulI\..1 an oprn.ddul , Wall. la„ .un ur.ln.u,l a' Im Jade tune]] Ira 't it ana Ing • elt rcP,,1 or alit I nun, It, IIh14: 11414SSI,NI'L:HI h141uI•y. Inn. it., Ile ctn.-Inv l l<r,,i 11...1. erat dallr.v.cll as a:till nxlnrl hncmxlet of any rxlrer pen llnm .11lc Ili l• I, u^ 1'.1x1. Is.nnc,l .n 1.61.4.1... L, n.111C •1I Ill MI1Jha 111111. 1111111 11C11.m.ln 1a nm icdonued.1i ii.,,,, -,l J, bran pot, alcd, Ilw1e dial] Ile die hello., wp mn1,.Le.. ul IM 1'I'H('11: \SI:1 IS IN 114:4.\111.1' II:IIIC1]11\ IN SI '1151:1' IN IN Ili IS I IIII AI II SI 114 HS Ill Nn I'II S\II.\II III \S tilt I',MI I] IN SI 1151:11II IN 11i ISil till(' 11..11111IIM:\NI I -:I II- S \ 111 Ilea\ IS NI II' IIII TSI.I1. SI I I I R S ItlSI1d1Il'S SIIAI.I. III: AS SI.I- 1y1111IIINSIIIISI4 IION t77Il IliIrll \III) It'd \Ii SI Ed 111 Sperillrlerfuruoa,.Ce. Seller,n.vdcd11O11vaiall, un,inaa1J,.ant( lied .in„Ilk L•a.C oilpa)nmul, .utldime,nl•.d.iC IC•enofhnaimlCrdull le Ilekl1 avdrola I d Inn NASA, .1llelICs IilScller . Nth ,lJ.n,., pe 1 lie 111 l.II,1111.1• dw ;IC LION n vloll lnln•a1l.l a1.I SalI.I .L.JI Iu•c the 1,4111.1,Ic. II I• Ix 11..1u.111.e 111 .1.1uemc, m'N all alval 1_'1 Llquidldcd I)anmlry All I'a) ru'n'e a'xl flung or ulna nv <i•c, Lelrun,let dhabi It • Ile I I', IYu Im,a net ri,iii t 11 nu bdhal1111 Sella Jlxl Ixnl pea nm •hall Ilaca ten la Icka•al lust all IidlgJum• lw'muudn. II I. Jpl Cal Ilu1 .nJ' I.:nlnmnp. rt .111d ibi.11 ,.due ,1c 1111)1111)\I PII I 'ni \GIi.S and Itc •rpl as Ism 4 aI In',Ill,calnnn IC') wt SLI 1 4R1 St tl I.:\NIa MI P 11.511 U1 t11 'Inawa\C t t I,ulma 1. Iel MIlt lire. d,lgalnrnIx inn eunvv I. Seller Cyua,aly w,mC\ IIIC mnw.lia,.n ,IR,nl1c Ilk Ilnnuandc n.I,idnblr.,n.J J.rul.rpc, nq IF SELLER IS IN n41F.\PI.I': I'u1. hay. illidyckaltutedlllliaunma• I.o<art CliN.mwlld'C:hea'I P, nit .m.Itlllup\,d...lua let Odle r nuk,lu lli'c,Nn red and i'mau . lay rat •a . rC411J1rv1gct a Zia) lac pl.y1e 111 I.lndrme, I1 J• elr.l t1 Vaal till, J, hong iii hull torte and et ar anti Pun la,crslu ll lute dIe ;chi In,laubc I,II1nni.11RC Ix,larn,en..111.1111 Ice I(ISIS .\ N n EXPENSES. I\11)11mgiollc 11 Jq IIC 1.11111 n,111,g111tlm •aealJ an\1111.vie1ul•I.able.nl.vl.unnlgr.uir11hn.1nnud1 ilia uxin\Im 1l Jw and to the ',retailing pal ly all 'Cow 1lldde la,tI, ']awl 1:11,1,711,4:. till Iuduig .11.11011W1 1 IC,, 17. Fa\Ill Nth I hll IN VS 1)151.1114:. Nn.ut16. I.h,gr 1 1. 1 I1 nun,,,', , Imo bat .o-LSeila e 111.1 m da q"r v m rl Met u, ':udulgrd x"id ay.nd dung,• d ...Inch. 1..141 t ra.l.m'. 1111.,,, Inn,.• cum, 1,tnoal ,soC.l L•dre lx.ln •I :m 111 1 1 tern 1 o uu 1111 r1'. ,Leas n 1 ul IL'Wn•"X VA.,. mills a .11.. ,1l.iii 1.0 t1/2. C.pi1 ..I i,.I.,s, an no, bar eiy'. a1 J1 C I" ...111,8,, a1Inoda `plwn Jul ,Idyll. uy1 ,Iiit.nLilll'ahl,AM! d.i•1'1.111111.0un,'r1hnw, It tal111•utlri J•w1r1111 lily nlulaha Phil' Jilt' aL.JI e,m I.1x111111,1,.1111 r..1anl.Ille 1.mo,r)1I.. IX. INS19.1' 111 IN. I'In.I,a',, ..1 .m1 de.l]n.r. ,I1.JI I1.411' Ole 11091••11.11C11,14111.1.11.•n 11.1 lilt I'L•,ii.ii •t11111111.11110 I'ngrn\ .ud 1',, Iuaxnp. •.1. it I,. 111 .uiy I11,.un1.111111 ,ltd nom. veil b. I''ii, I,.'„I IN inn tuned LC S111'I m )''lisle 1111,11.111‘ .11,.x lvilne Aprils .1,0 . . I'i'I,95 .ow 1+n,n J 1...I.lnlmrl lie ley. n.1lxl llalla„na 11e•11.Iv,..1n1.r. rill, ...11111.6 ll1.111,11.1 an• IIn,.IIl.1J•11, y 1111111ni.n1 ,e,ur) inn h.l.r.,gn''l'' Selk, I, l ',Hog mlr,lly ayL,1A ,et Mill. and II I',Ila 1.t,e, .ml S,IICI lute mu ',Idled , ..I orb,al:J :mem In ,e111e 11,`m Il<1<nl WI Of ',Clore —._.—___ ._.t)? __._..I'm . . .all„In1Ila11dhail lLnuulnrn..,m. ,bliletI 1, PO 57 Pilrlrl ',egwmthle arid than pay tor any ,I,nn.rle w Inu li t. Jill', In Ile I'In]RII) .101i ilk In•itn, Jd J laadl I,1 nn l 1n•I•'atm 951046 • (el Seller or Private Third -Party Financing. S by Purchaser vomiting a promissory nett payable err on the note form ac indicated: (check one tonal Righblo-Cure HID R2-i I.RJ O No RiaHdn- Care N l'1) RI-II.R1 ("I secured ly a (tat. 2nd. etc.) kid of Inn. encumbering lhe Property. ming ihe Awn' at inlicavd: to heck law Foal ❑ Strict 1 TD 72.1hR11 1 I tre.ituwlhyl III 71-11 Pry ('1A - I.Ir •N,x,m ND The sale( ID 74.11 R n The putty nwctholl he mooched on,lw hutit,w .._l5_.. yrmn, pt and,, tt L281.3.8..—.__..,na,whimhnr,m r+im;lmlanti Ire¢„„I,hr,n,<,r ten (10) ,., :mum,. own t see Section Four of Attached Agreement) nod ,hall he One nn IIw -------- J:n .4 en h'ncrrding nnn.th. II r+n nt',,', pawl, IIw h:Jane,d pimipal and accrued interest ,hall he doe anti pro able 2010 Ito I war pnnw , f I 'hall IR .hall of he increased by hi, of cainuwd normal real calve tort, and I I Mail I71 dell wet he immlvd l,v Mot nlimmei anneal p,Tet It instant prc • The loan shall a lm omen in thehollowing tons as ii„healed: if ant pav,eal it lot recei,ca within 15 alt f Ito Far. in dadaw.at lair charge of rain (2)11i of such monthly payment dill Iv dim. Imterca,in lender di.Mnnanc,na miler the aced of mot dr II he N/A R per annum. Dcluh inhered rate 'halt he twelve (12)a rem annnn. Purchaser may prepay without a pcnnity7RXY7{x _ - - /A 6, FINANCING CONDITIONS ANI) OBLIGATIONS, dal l.nan ApplkaaHmlal. Ii Pun -hater is m pay slim, ran it he fore haat grfee at act forth In section 1 by rhtlning a new loan or if an gaoling limn la not to he rcicmel at closing. No hoer. ii requited h,'twh lender. Mall make written apr1kal inn within calendar days from avcrptaneof(hit contrail. rnrchaser'hall Lampe -roc with Seller nod howler n ,{,lain Lan appno al, diligently and iinwly piratic 'acne in g,+d fns h. neruw all .h em„eun alwl famish all infnrnm.ion anti J,tnn,enn squired by the holder. and, mhject to settling 1, timely pay the costa of ,training much limn or baler content Ibl Lan Approval. If Purchaser It pay all npmo tw dw pork se price by ',Naming a new loan as specified in section!, Ihitetenrnl i,ew,dhi,.nal : yowl lender'' approval of the new loin on at Mher IO If ml'a Napalmed ha- tail date.!hit contract shall I, Icy ml nate;li the konn it ma apronwed. Intl such Ianteethare moo amilahle to Pura -hater at require( in'ertXM S aired Fnnlalal the line of tuning. dining II 'hall he <Mened one line for calendar lam lax In twee (()lint. If coif firkin finis are not then mailable. this megrim 'hall terminate. pet Filming -loan Review. If an etlming loan it not A. he mdcaaed m glowing. Seller Mall port isle cop,et of the limn ,Lwnnwns Iindnling awe. Iced of trust, uadifica.ewn l i, Purimter within _ __._.. calrnlar Ono Ins, Nit -Orono it Mk contact. Ihia minas it conditional wpm Par- .d thatch review and approval of thepnw,m,„ter oil ttl,It:m ills un.rata.1'nrdmmromnrn,<utale pnnxwnt d melt lam, dolma -ma if ow.. Mrn,•hirrdm is reeeimt by Seller ow Liming Company Inm, rut hair, ,t,,hin _ calexi:r date from hitcha'er a re ell, .4 wall d„mmne<. II the lender' approval of a lrantfer of the Pnapen,' is required. this contract is cnmlii.t.nanup.n l'on hancr's,t,ainine'm harm -oval w Masi, o lianer italic iemm,t 'itch loan. tart a' set fn lh in '<clk.n .1 ':rink, appal in ,„x,axainc,Iionerr Ialie In dim enntract'hail Inter If i,t¢dnn arch dare. II Seller ,'!n is- vh-a'r,from Id.bllhr mdrnnthmost loan and 1'm, hat,.1..' drain etch compliance et v, (will in semen 1, Thin e,'mrna nun It lenmural. (I ,l w.11rr t „rii Ill Al.wmp,lnnndaar. nPurr hater i,e, ow allot Notre the hmh:n' inneIA:wooi,ngo„rsionm•hmn:n.id Thew ,'ul prim-I1mlhaNna.4 he etiminc loan nleteMoe ,•f closing ittrat than awm.nnn inr.„4,e. lha nnncll.a,ta ._ _ .l hvn l'rm(,:..nett. leumin:ne,Lh amuse, elfeel.e urym re cip M Seller .n I it n.g Cornrow .x run lien et', w r m, n,.n 4a a , lerninailwn ._. . 1,1 Cradii Information. 11 ParthavJs misty allow pan of llo emu haw M it r nt rveuooe n pn.ruanw now in tom it sari n ,l ;ono -titian, man it mw to he rdeavd a gimme, thin cnnn at la c„uAd,.nl 'war Sella'' ap•nw,l m''in, haw? 's Ibwm-i:rl atdbt-.red nn -ilk ,ald,w't. „high a)prmal shall he To Sella', wile and absolute ditcv,inn W -no h raw, ill Purr lene,dtall nage", tr.Selig, a ran lwl,n,'----. , 19 � a Purchaser'+ ,porno. inti,mcnnn, .awl rl,w unlearn mna el,dne Inn L:ngtt I hiss dal. yowl,.. mere awl, pal.. t.wwlnirn. , 9 Ilnehaner ctm¢ms that Salo may verify Porch:rim h I i,ancial abililr watt n,lh wtnminrta:l 4Oh wit L ialnrnraIronand ,Lanauma,vm enc.l M Shcer,laall hr held by Seller in confirkne, and one released nbas inept ii' motto Scllet intact in sit uanoacli,m: rte if Seller .het .+t Tomah women notice if Seller's disapproval in Purchaser nn or triune id ILat Salle, it air' 'hit tnnliMm II Seller diet provide written malice M di.appnml In Purchaser on at before 'ail taw. Iii' Lamina 'hall terminate, 5. GOOD FUNDS. All payment required at rioting d,all he made in lundus lilt hmn,ply with all applicable I to,,I,' hors 6. NOT ASSIGNABLE. This amerrct ,hall Law he mtim,ahle M Pun Irian uiilnnn Seller'' ',Mow writ rn comma F', ep. a' to reorietcl. visit con marl shall knot in Ow bent Fri of and he hi aline nti, tlw heir. National orpmvnutims. ma —escort and mhien<iii the room 7. EVIDENCE OF TTTI,F.. Seller, hall tumid, to Pm, haw -cal Scllr, a("lvnar,ratio a two enumiimen. Lo Imo -Oink- unmeanepolityin in amain, tonal in We part -base price Of of Srllei ciwd,e, an:awl'.I nl,ilk er,tilird Ina runes( taro. nn'ctwli ie Ago 1 _ 1 If a idle insurance an nmittmn nit Iutirwhed, Pao Immo mai Femme et nhe Seller d,a„'pie' id Mont, ra„ 111f 111.O1.1.It M inanm,ennl 19 93 Ilated In doeachr,h,Ir of carrphn.Il',atei„msl in the mile hnmanc cittnntnent afro la. lam...twit to rim l,:ner.II Sege, t en pate Ihia wit •own s shall rennin tally h, instnn,enit Winn .w regard in the ,.l l ire .d the clerk awl In of air Ili'ienao-J corm or romle< Ilie Rile imman..r rnnmi.mrm. mgedrcr with any e.pie mr ah<n,a,.tl i,no!lament Ii n is het le., ,tun to aLn, art tiro 7, annnu,e air ilk J.. nnn.n, I Gale IN..uow+era Purchaser most requital Seller in furnish rnPw or ab<n ac-i, m ininmtrnl, I kind in the n het title it ea-cplum< 1„. I,I,t, than 1 f calendar data after Purchaser's receipt of the title inaur.anrc II Seller lurnidtr„ ride ino.ran, r ci n,aernent Seller aril hate 'he title inanrnnce p•licy -del'nered In Purchaser as ton as practicable a f er clown? ad pay the prentiuu, a, chnine. R. TITLE. lot Title Review. pie haver trail Lane Ihr riehi Ise inspect the I Ilie Dow 'mono err :ohm rat Women ti,dte In Pnryhaarr-td unmerehanlahid'ny of .hie en of any ether nn'aild,t1 w) Idle tnWilion chow n by the liar I wcmnern< err ahtlxt. dell he oicnot by or on behalf d Purchaser anti given m, Seller IrelletilmichboiNew fierr .w lwh,ce 2A— nleola, d„ ahoy Parch:w receipt .t I ale mw I bwtnw. ,thabaer. or n wihifive lye ralenlar alma ler receipt by raha nv1 r m raw Ildr I),n -nRvm tl n r,wl.nwlnti a v ladding w Fcpm indd to mesh, ,,,,hmrm together wi,hacopy ,tllre Milk I hwunwnt Moline nr,tFit 'puttmtttootle. nll Seller or Lining •rw,.payAwn n,netrnePint haw 'wirer lw lheillrin; <peeifed 'Mere Pnrcbar shall be .keened no haw etaepwd Ibr,r•nlition m rale an rlimdnwal b, the Iii le I hwnuwet, as aminhtn.. IFI Marten Nat Slum. fa hy'ihc Public Rees(. Srhl-t ducal de iter b, I'm, I,:nrt .w,,,, Ielnu' Ow J:err nil Arab in'eiln',, I. Tine e7•iea ttl all ieavl,l ands veyltl In Seller \Iwr aainlwiiiitoowl...k..l'r..1•.rlv:tddrnlldla,h..eh,I'mknrn all r:nnu.nit. lie.,,,xnc Idle nenlnvnor Alamos by die public wordsit whirl, Seller has n, Ina( )rain Warr Pith h:tor tits it limo flwin.l In in'p' Lahr l'uq„n niacin mime, An ROM tall lal'I h:nary right inilly l'n'reri y Doi dw„r. Iry the pd.li„,.r„ l'on. (tat an nitr,.n, led rawnwn., mina n.drd!ca.. or (amnia'' lit w thw terwm Ararra e ,ier4 amuntatnhwvwy condition, lJlvlu,rd by Srlle,.nimpaled itswit h impalas,tlmll he mewed In.n on F•Ical i1 I'mImam ad eiten in Seller.,el C,aopnny,m,n hefIle _ May 1 -- _..in_.95 _ n cells'.diva sex in ma, Pno hangs'. nwkt•lt nail dale, hat haw, ,ball Inc tuned In Faint' at rend Irll,t whirr l lo ant h , i alit,, d arc it mlml "e w t rd Pharr Pat I'.ne, Iran :initial know Inlet let Kiehl lnilwr, IISeller or l.ititiei ',,up uun,r,riscoomit- nl tumult lummnl,t it Hire ,nan.wLenmcnitluin, tnku'nlhingt) atpmdel in tahvammn MI or Minimise. Seller Mall rte wm.n,abk el term to o,rnra <ma ims:ma,h ern p role c iedgiono re. iw mow dot it. i,t,re. II Seller Nils,,' cornet laid un,alielmhu y tide cnnli,innlo..n or hewn, the dam m c lining. rhit awwuce th.a II Men let nnnaw, shirt t meet —lion I7: Ion herd, howeter. Purchaser may, by women novice received by Seller or Listing Company nun m helot On nine. it erne 'thrown in cahlamtalitxb„, wit emikion O, 951046 IV. AGEistl PIICI.Os(IR E. The listing NaAcr. N/A and I. ,.ks al,, . I icing Com pump represent Sc1kr. The Listing Company ones duties d Itasl. loyalty and svlfilklax to Sclleauoly. While the I. sung C.mp.... I. a duty to nen Purchaer hatcaiy, the Lisping Company is Seller's agent and is acting tin behalf ofSeller mid nor Purchaser. HY SIGNING lm i tint PURCHASER ACKNl1WLEIXCES PRKIR TIMELY NOTICE BY LISTING OR SPELLING COMPANY THAT LISTING COMPANY IS SI:I.I.LR'S MIEN I. • '17v sc{Lug h.Rcr. and a, saks ac tl, tialling Comp -RIM represent. 111 "1111, IRA IN SUBSECTION Ihi IS ('IIfa'K ED, SELLING COMPANY RI.I'HLSI•N IS I'VR('ll \SI R ONLY, AS SIT hURI'll IN SUIISI,CI$N 1b1. If TlIb IRIK IN SIIIISEIfrkk4-(b11S NOT t'III:C KPH. SII I IN. CI'IIANY RI:PRPSI;N I S SI:ILER ONLY. AS SE:I IaK(rli IN S1111SECTI ON dal I tat Sslkr. -IL Scllinp (1mohaoy tmcs dot's .4 trust. loyalty and n.6bve to Seller may, Wbik the Selling Company has a July in treat Iva.lu.., honestly. aloe S. ding t'.aut um n Scl la l apem sail is ' ling tan 4{1411 o Sei kr and NM Pinch:mr. IIY SK;NIM ;NINON:141K PURCHASER At 4, Nt A1'1 ILK ;ES 19l N 41 ''MAIN y N 1lilt 11Y SI'I I IN: C1JAIK\t4Y i Ildl' SF.I I INC.(' MIVANY 1,1 SELLER'S MUSHY. I J -lbl Purchaser. II the his is daoled: The Selling Company owes slulesal one. loyally and cmtalene to Purchaser only. White the Selling Company 41414 dilly to heat Sella hueuly, Ile Selling Company is 'Ming an befall d Pweluur and na Scikr. SE11tik AND LISPING COMPANY ACKNIWLEIHiii PR M IH'I ISII].l' MSIA'E BY SELLINi ('WIPANY TIIAT rr Is PUKCIlASIRS AGENT. 20. ADDITIONAL PROVISIONS: This Exhibit "B" together with the agreement for upon purchaser obtaining a right to carry on the purchaser not be able to obtain a liquor license sale of business is contingent business being purchased. Should to said premises, then this agreement is null and void. Title to be as follows: An undivided one-half in name of James R. Eakle and An undivided one-half in the names of Andre R. Herrebout and Susan N. Herrebout 21.RE1'IIhIAlENl1{II(LN OF LEGAL COUNSEL. Hy -signing lhis.ic',en.Pursha,cr and Seller Acknowledge Mai the Selling Company o lie I. sung Coup.my Ian tec umlauted tlw l'oJaser ad Seller °N4am the adsve .4 Ilev own legal counsel regarding examination of ink and this co lorxI. 22. TF K NI NAruiN. In Os assn 14111 ..antral is terminated, all Iuyllnh , a,J dints .4 vale rrrnwit hcrewukr shall he returned ml ale games ,tall he 'dieted .4 all dJtgnuu. lle,eu,sL,. sulnesi Ili waist 17. 23. Nall' ICE (IF At-CEPGN('E:'CI R IN EERIU kis. II 1Lia pnp'sal is 'ccpa.d by Seller in wruing and Purchaser receives notice d such ▪ •.I4aav'cAnt .a behue 19 this amt. v14 hall bee.ate *contract Rnween Sclkr and Pwehaaer. A sally ix this .4,cumem may h eaec vied by cash patty, separticly, and a hen each puny her cnruled a copy thereof, such copies taken together shall be 4.1441:1114:41 w h a lull and eumplete comma heist ten the panics. Put n •r' Add( ITU Ills COMM LIED IlY SELLER AND I ISOM; (UM1'ANYI 21. U'('EP PANI"E't'l IA 1SIIS9UN. Scllcr aocpe mw aline proosd dos Jay I 19 ]diq aLJi pay 1. idle Lilo., Companyaummam1nd 'Autdcgr»pu lacer"4 ▪ .grcN upon bast cell Scllcr ant I.00ng Company Its services us this manlactsm. In the evem w lu n gRom of payments and things a vhe received heieuislec. push payincnia and lhiups t4 vu lue shall be JivdeJ between Lining Company ant Seiler, o'•hall thereof to Listing Company, but mat to exceed its. annuussum. vJ th balance to Seller. Mot I1/444144•0 n... S. 1 Address 94k f.lkn tine ale urvkrsiglad Selling Company a..i maw lc age. rasp d lilt canvss mercy depose spvc,tied w xdwn J and huh Selling Company and listing ('.'meaty coolion ilia tege.lne agemy JuJ.aaule NCI 444114IIII seJu era 14. Shinn; Company Ily. Add. • Livwg C..npany Dew Add(cu Hy: tsru..n Des 951046 Please include a typed self-addressed envelope MUST BE TYPED FILING FEE: $50.00 MUST SUBMIT TWO COPIES Name Bears' Sports Saloon, Inc. Mail to: Secretary of State Corporations Section 1560 Broadway, Suite 200 Denver, CO 80202 (303) 894-2251 . _ Fax (303) 894-2242 ARTICLES OF INCORPORATION Principal Street Address 2519 8th Avenue, Greeley, Colorado 80634 For office use only AILED C0rr 951032640 $50.00 SECRETARY OF STATE 03-13-75 13:44 Cumulative voting shares of stock is authorized. Yes ❑ No x If duration is less than perpetual enter number of years Preemptive rights are granted to shareholders. Yes x No ❑ Stock information: (If additional space is needed, continue on a separate sheet of paper.) Stock Class Common Authorized Shares 50,000 Par Value No Par Stock Class Authorized Shares Par Value The name of the initial registered agent and the address of the registered office is:(Corporations use last name space) Last Name Herrebout First & Middle Name Andre R. Street Address 5248 East Otera Circle, Littleton, CO 80122 - - /- % Signature of Registered Agent / ? t _sf— These articles are to have a delayed effective date of: Incorporators: Names -and addresses: (If more than two, continue on a separate sheet of paper. NAME ADDRESS Andre R. Herrebout 5248 East Otera Circle, Littleton, CO 80122 SEE ATTACHED ADDITIONAL ARTICLES Incorporators who are natural persons must be 18 years or more. The undersigned, acting as incorporator(s) of a corporation under the Colorado Business Corporation Act, adopt the above Articles of Incorporation. Signature Laa-C1( � ""'`4-2--27L Registered Agent and Incorporator Signature 951046 ARTICLES OF INCORPORATION BEARS' SPORTS SALOON, INC. ARTICLE The object and purposes for which this corporation is organized are as follows: 1. To engage in any lawful act or activity for which corporations may be now or hereafter organized under the Colorado Corporation Code. ARTICLE II The capital stock of said corporation shall be fifty thousand (50,000) shares of stated value common stock without par value. All stock when issued in payment for property or service as provided by law shall be fully paid and nonassessable. Stated value shall be determined and established by resolution of the Board of Directors at the time of issuance. All above -mentioned shares are of one class and are designated as common stock. The common stockholders shall be entitled to vote at the annual election for a corporate Board of Directors and on any other corporate issue so determined by the By -Laws of this corporation. Except by specific amendment, cumulative voting shall not be allowed. ARTICLE III Both stockholders' and directors' meetings may be held beyond the limits of the State of Colorado. ARTICLE IV This corporation may, at any meeting of its Board of Directors, by a majority vote of the whole board, sell, lease, exchange, convey, or assign all of its property and assets, including its good will and its corporate franchises, upon such terms and conditions, and for such consideration or considerations as the Board of Directors shall deem expedient, and for the best interests of the corporation, and said consideration or considerations may consist in whole or in part of shares of stock in, and/or other securities of, any other corporation or corporations; provided, however, in all such cases the affirmative vote of the holders of two-thirds of the stock of this corporation then issued and outstanding, and having voting power, shall be voted in ratification of the action of the Board of Directors,. said vote to be taken at a stockholders' meeting of this corporation duly called for that purpose. Nothing herein shall be 1 951046 construed to limit the power of the Board of Directors of this corporation to sell, lease, exchange, convey or assign such parts or parcels of its real or personal property or assets as the Board of Directors determine are no longer necessary or expedient to be held by the corporation. ARTICLE V No contract or other transaction between the corporation and any other firm or corporation shall be affected or invalidated by reason of the fact that any one or more of the directors or officers of this corporation is or are interested in, or is a member, stockholder, director or officer, or are members, stockholders, directors or officers of such other firm or corporation; and any director, officer or officers, individually or jointly, may be a party or parties to, or may be interested in any contract or transaction of this corporation or in which this corporation is interested, and no contract, act or transaction of this corporation with any person or persons, firm, association or corporation shall be affected or invalidated by. reason of the fact that any director or directors or officer or officers of this corporation is a party or are parties to, or interested in, such contract, act or transaction, or in any way connected with such person or persons, firm, association or corporation, and each and every person who may become a director or officer of this corporation is hereby relieved from any liability that might otherwise exist from his contracting with this corporation for the benefit of himself or any firm, association or corporation in which he may be in anywise interested. ARTICLE VI Each person herein named or hereafter elected a director or officer of this corporation, shall be indemnified by the corporation against all costs and expenses, including counsel fees, reasonably incurred by or imposed upon him in connection with or resulting from any claim, demand, action, suit or proceedings, or the fair and reasonable settlement thereof prior to final adjudication, to which he is or may be made a party by reason of being or having been a director or officer of this corporation (whether or not a director or officer at the time such costs or expenses were incurred by or imposed upon him), except as to matters as to which he shall be finally adjudged in such action to have been derelict in the performance of his duty as such director or officer. The right of indemnification herein provided for shall not be exclusive of any other rights or remedies to which such person may be entitled as a matter of law. ARTICLE VIII The directors of this corporation shall have the power to make such prudential By -Laws as they deem proper for the management of the affairs of this corporation not inconsistent with the laws of the State of Colorado, for the purposes of carrying on 2 951046 all kinds of business within the objects and purposes of this corporation, and to amend, alter, or repeal, in whole or in part, the said By -Laws. ARTICLE VIX This corporation reserves the right to amend, alter, change or repeal any provision contained in these Articles of Incorporation in the manner now or hereafter prescribed by law, and all rights and powers conferred upon stockholders, directors and officers are granted subject to this reserved power. ARTICLE X No director of this corporation shall be personally liable to the corporation, its shareholders, or to others in whatever capacity, for breach of fiduciary duties (except breach of duty of loyalty), for any injury, loss, damage, breach, bill, accounts payable, claim, demand, judgments or the like, except for director's .acts or omissions not in good faith or which involve intentional misconduct or a knowing violation of law; and act specified in Section 7-5-114 of Colorado Revised Statutes, as amended; any transaction from which a director derived an improper personal benefit; or for any act or omission occurring prior to August 12, 1987. No officer or director shall be personally liable for any injury to person or property arising out of a tort committed by an employee unless such officer or director was personally involved in the situation giving rise to the litigation or unless such officer or director was personally involved in the situation giving rise to the litigation or unless such officer or director committed a criminal offense. IN WITNESS WHEREOF, the undersigned, being the incorporator and registered agent designated in the foregoing Articles of Incorporation, has executed said Articles of Incorporation as of this day of March, 1995. /_ Andre R. Herrebout __ 3 951946 STATE OF COLORADO ) ss. COUNTY OF ceE/WeA-1 ) The undersigned, a Notary Public, hereby certifies that Andre R. Herrebout known to me to be the person whose name is subscribed to the annexed and foregoing Articles of Incorporation, appeared before me this day in person and being by me, first duly sworn, acknowledged and declared that he signed said Articles of Incorporation as his free and voluntary act and deed for the uses and purposes therein set forth and that the statements therein contained are true this /O<h day of March, 1995. Witness my hand and official seal. My commission expires: 3%O /9 f Notary Public 4 951046 • .D STATE 'moo RADO DEPARTMENT OF STATE CERTIFICATE I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado hereby certify that According to the records of this office BEARS' SPORTS SALOON, INC. (COLORADO CORPORATION) file # 951032640 was filed in this office on MARCH 13, 1995, and has complied with the applicable provisions of the laws of the State of Colorado and on this date is in good standing and authorized and competent to transact business or to conduct its affairs within this state. Dated: MARCH 20, 1995 --CA-4;O SECRETARY OF STATE 951946 1067 BEARS SPORTS SALOON 2519 - 8TH AVENUE PH. 356-2882 GREELEY, COLORADO 80631 12 ¶ PAY /� _ TO THE JCJ�L1i i t'"�(--(,I.�C-.Ci'�L-C &. L - c 0J-419 ORDER OP�"�/,,) A /ILL _ BANK ONE COLORADO SOUTH GREELEY BANKING CENTER GREELEY, CO 80631 FOR ../1LCro LSG Cr x hfr-43 000 LO67i�' 1070 5 DOLLARS U.S.G.P 0. 1989-234.555 PS Form 3800, June 1985 P 387 472 022 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) COLORADO DEPT OF REVENUE LIQUOR ENFORCEMENT DIVISION _ STATE CAPITOL ANNEX 1375 SHERMAN ST DENVER CO 80203 — Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date. and Address of Delivery TOTAL Postage and Fees S Postmark or Dale Z/al-9r O• w 0 > C U • m E o m U L '`N 3 m o °1 w ❑ Addressee's Address U N 0 0 N_ O 0 N J 0 0 E piece, or on the e mailpiece next 'o «0;, o 10 c GG�G N a• wj O Ocr aaVE«Em a a C N ° U .yy:k 6 C coy EEE� EEEBc2 ,o Ea .p1.«cd"aYcc « « C v U C 0 0 u a: 0 Waa 000 0 0 O E 0 3«« q W UUCL 03 0 m 3 c 0 C O 0 -0 a N a 71 y y. 0 mw V a a C C Article Addressed z Lu _O D CO Zj >0 W Z Z O2z¢}}--� a0o EJ c0 ow<WO QUSr OOLC0 O OEM W UJ(q0 vJ a, Atz a a 0 m EA Lei IC RETURN RE W 2 O 0 Co 051046 4vr, COLORADO Mr. James R. Eakle Ms. Susan N. Hereabout Mr. Andre R. Hereabout Bears Sports Saloon, Inc. 2519 8th Avenue Greeley, Co 80631 OFFICE OF COUNTY ATTORNEY PHONE (303) 356-4000 EXT. 4391 P.O. BOX 1948 GREELEY, COLORADO 80632 May 8, 1995 RE: Stipulation Entered into by Henry Walker Regarding Bears Sports Saloon Dear Madam and Messrs.: Enclosed is a copy of the Stipulation and Agreement signed by the Board of County Commissioners of Weld County, Colorado, and Henry Walker, d/b/a Bears Sports Saloon, on April 10, 1994. This Stipulation and Agreement was approved by the Board by Resolution dated April 18, 1994. A copy of the Resolution is also enclosed. As I stated in our conversation on April 19, 1995, the Board of County Commissioners is requiring you to comply with all of the terms and conditions which are set forth in the Stipulation and to which Mr. Walker agreed. Specifically, those conditions include the following: A. Paragraph 4 of the Stipulation and Agreement requires posting of two security personnel at the main door, three persons behind the bar, and two servers on those evenings in which large numbers of individuals are drawn to the tavern as a result of entertainment offered therein. Examples given are kareoki nights and Monday night football. You have stated that you have additional security on Monday and Friday nights. Please note this condition as to the numbers and also the condition in the last sentence which states, "... all future employees will be trained in identifying and dealing with potentially disruptive situations." B. Paragraph 5 of the Stipulation and Agreement requires all employees to complete the "Tips for Servers" program offered by Anheuser-Busch Brewing Company (or a similar program offered by another company). 951046 Mr. James R. Eakle Ms. Susan N. Herreabout Mr. Andre R. Herreabout Page 2 May 8, 1995 C. Paragraph 6 of the Stipulation and Agreement requires the tavern to work closely with the Weld County Sheriffs Office on various aspects of its liquor license. It is probably wise for you as tavern owners to establish a relationship with those deputies from the Weld County Sheriffs Office who will be patrolling the area in which Bears is located. D. Paragraph 7 of the Stipulation and Agreement is an affirmative statement that Bears is to continue to participate in the "designated driver program." I believe that the Board of County Commissioners will require you to participate in this program as did Mr. Walker in the past. The program appears to be one which will benefit not only the patrons, but also the tavern owners. I checked with the Clerk to the Board's Office on this date (Monday, May 8, 1995) and have found that your liquor license has not yet arrived from the State Liquor Enforcement Division. It is my understanding that the Clerk to the Board's Office will contact you when it arrives. If you have any questions regarding this letter or the enclosed copies, please feel free to call me at (970) 356-4000, Extension 4390. Very truly yours, Brue{T. Barker Weld County Attorney BTB/gb:bears Enclosures pc Clerk to the Board Chuck Dickson 951946 5248 E. Otero Circle Littleton, CO 80122 March 19, 1995 -LD COUNTY ATTORNEY'S OFFICE Board of County Commissioners, Weld County P.O. Box 1948 Greeley, CO 80632 Gentlemen: My brother James Eakle, my husband Andre Herrebout and I are in the process of applying for a liquor license for Bears Sports Saloon, a sports bar located at 2519 8th Ave., Greeley, CO 80631. On March 19, I met briefly with Mr. Bruce Barker to clarify several questions I had with one of the forms to be completed. At that meeting, Mr. Barker told me we must submit a letter to the Commission and a check for $100 which would be for a temporary permit to operate the sports saloon pending final approval of transfer of ownership. We will be operating the saloon with a lease from the estate of Henry Walker. Mr. Tom Walker is the administrator of the estate and the agreement was arranged through Mr. Walker's attorney Mr. Chuck Dickson. This agreement is a lease and management agreement. I have contacted Tom Walker and asked him to send you a letter per instructions from Mr. Bruce Barker. Please find enclosed a check in the amount of $100 for the temporary permit. If you have any questions please telephone me at (303)290-9514. Thank you for your attention to this matter. Sincerely yours, A.A..„--a L ,1v,Itur Susan N. Herrebout Temporary License not issued per Bruce Barker, County Attorney. Check #2608 for $100.00, acct #4192814609 from 1st Bank of Arapahoe County NA was returned 5/26/95. Signatures verifying cipt of abovelisted check: L. c: a T4 ul cn Deputy Clerk to the lsoaca Hello