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Home My WebLink About970662.tiffFINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL, FOR TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, AND AUTHORIZATION FOR CHAIR TO SIGN The application of Hereford Bar and Grill, Inc., dba Hereford Bar and Grill, 39520 Weld County Road 136, Hereford, Colorado 80732, for a Tavern Liquor License, with extended hours, came on for hearing on the 9th day of April, 1997, at 9:00 a.m., and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced at said hearing, having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant has sustained the burden of proof as to the desires of the inhabitants. 2. The applicant is of good character and reputation. 3. The applicant has proven the reasonable requirements of the neighborhood. RESOLUTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has considered the application of Hereford Bar and Grill, Inc., dba Hereford Bar and Grill, for a Tavern Liquor License, with extended hours, for the sale of malt, vinous, and spirituous liquors, for consumption by the drink on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of $450.00 for the hearing fee, in addition to the other required fees, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to approve said application for a Tavern Liquor License, with extended hours, for Hereford Bar and Grill, Inc., dba Hereford Bar and Grill. 970662 LC0024 Mi. ?At .5SDSauz`er TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS - HEREFORD BAR AND GRILL PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby grant License Number 97-06 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair 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 April 16, 1998, 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of April, A.D., 1997. /0/ea, my Clerk to the Board Deputy Cle to the Board APPROVED AS W. H. Y ebster unty Attorn y BOARD OF COUNTY COMMISSIONERS WE OUNTY,c7LO Geor . Baxter, Chair m tance L. Harbe Pro- e - J Dale K. Hall -- Barbara J. Kirkmeyer 970662 LC0024 HEARING CERTIFICATION DOCKET NO. 97-19 RE: APPLICATION FOR TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS - HEREFORD BAR AND GRILL, INC., DBA HEREFORD BAR AND GRILL A public hearing was conducted on April 9, 1997, at 10:00 a.m., with the following present: Commissioner George E. Baxter, Chair Commissioner Constance L. Harbert, Pro-Tem Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly K. Miller County Attorney, Bruce T. Barker The following business was transacted: I hereby certify that pursuant to a notice dated March 19, 1997, and duly published March 27, 1997, in the South Weld Sun, a public hearing was conducted to consider the request of Hereford Bar and Grill, Inc., dba Hereford Bar and Grill, for a Tavern Liquor License, with extended hours. Bruce Barker, County Attorney, made this a matter of record and stated the neighborhood was established on March 19, 1997, at which time Chair Baxter was selected to do an on -site inspection of the premises. He indicated the letter from Chair Baxter to the applicants, Mark and Kimberly Zitek, concerning the results of the on -site visit is on file. In response to Commissioner Kirkmeyer, Mr. Barker indicated the letters of reference concerning the good moral character of the applicants were not received. Mark Zitek, applicant, was present and stated he can provide letters of reference if necessary; however, he was not previously asked to provide such letters. Mr. Barker explained the building is currently leased from the Zitek Dairy through June 13, 1998, and the lease option is under quiet title action. Chair Baxter added the diagram correctly reflected the premises, which is still being remodeled inside. Responding to further questions from the Board, Mr. Zitek stated the business is family -operated by he and his wife, mom, and brother-in-law, noting his parents originally built the establishment which is now back in the family. No public testimony was offered concerning this matter. Commissioner Webster then moved to approve the application of Hereford Bar and Grill, Inc., dba Hereford Bar and Grill, for a Tavern Liquor License, with extended hours, and authorize the Chair to sign. Commissioner Hall seconded the motion, which carried unanimously. 970661 LC0024 970662 HEARING CERTIFICATION - TAVERN LIQUOR LICENSE FOR HEREFORD BAR AND GRILL PAGE 2 This Certification was approved on the 14th day of April, 1997. ATTES_ Weld BY eputye Board TAPE #97-09 DOCKET #97-19 APPROVED: BOARD OF COUNTY COMMISSIONERS WELD OUNTY, C,OLORADO P{ eorge'E Baxter, Chair Constance L. Harbet Dale K. Hall Pro -Tern 4 l s U_ •, % rbara J. Kirkmeyer b f/' b 2, &, ip W. H. Webster 970661 LC0024 970662 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402110/92) STATE DEPARTMENT ALCOHOLIC OF COLORADO OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 HEREFORD BAR & GRILL INC HEREFORD BAR & GRILL 39520 WCR 136 HEREFORD CO 80732 BEVERAGE LICENSE Account Number Liability Information LICENSE EXPIRES AT MIDNIGHT County City Indust. Type Liability Date 23-93266-0000 03 206 5813 C 041797 APR 16, 1998 Type Name and Description of License Fee 2010 2190 TAVERN LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS COUNTY 85 PERCENT OAP FEE $ 50.00 $ 276.25 EXTENDED HOURS TOTALFEEIS) This license is issued subject to the laws of the State of Colorado and especially provision of Title 12, Articles 46 or 47, CRS 1973, as amended. nontransferable and shall be conspicuously posted in the place above described. only valid through the expiration date shown above. Questions concerning be addressed to the Department of Revenue, Liquor Enforcement Division, Street, Denver, CO 80261. testimony whereof, I have hereunto set my hand. $ 326.25 under the This license is This license is this license should 1375 Sherman Of // Dire to ,11 970662 Received by VJ� w o x m d i W I. 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O1 6 a o] O.ti F m r ".. il', z POSTED IN A CONS F DR 8404 (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a ❑ Individual (Attach DR 8404-I) Date filed with L cal Au hority 03,/0)97 �w( ❑ Corporation (Attach DR 8177) Partnership (Attach DR 8441) ❑ Limited Liability Company (Attach DR 8405) F.E.I.N. ?"1-1371// 1 a. Name of Applicant(s) If partnership, list partners' names (at least two); 4 corporation, name of corporation /l/ePf fOJP/) /34R 7 .“,// ,Nc Social Security No. 2. Trade Name of Establishment (DBA) litre -Fore( t Cr Grill State Sales Tax No. 2'3-93,2(6 Business Telephone 77o-875-.2../0 3. Address of Premises (specify exact location of premises 375ao we R /.?6 City // rir'r foie I) County 6✓ELO State CO ZIP Code - 5'673.2- 4. Mailing Address (Number and Street) fo. Rex y5 City or Town Ne'er t&i'd State C c) ZIP Code • X073-2 5. If the premises currently have a liquor or beer license, you MUST answer the following question: Present Trade Name of That Establishment (DBA) Present State License No. Present Type of License Present Expiration Date 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockhold- Yes No 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; 9,9II (a) been denied an alcoholic beverage license? '❑ 1g (b) had an alcoholic beverage license suspended or revoked? ❑ X (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? ❑ ,•2 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. 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. ❑ ■ IX 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 • x 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 ❑ current financial interest in said business including any loans to or from a licensee. 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 this license will be issu d by virtue of ownership or under a lease? (If yes, attach a signed copy of deed or lease.) ■ ❑ III Ownership Lease ❑ Other (Explain in Detail) a. If leased, list name of landlord and tenant, and date of expiration, EXACTLY as they appear on the lease: Landlord --��---- /7a f it/L Tenant //e ofe Io?o 93d_R q Jfi'C r Expires t1-/02- ? ' _3,,,,,E_-- Attach a diagram of the area to be ' eensed (including dimensions) which shows the bars, walls, partitions, entrances, ex'ts 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 sca e) 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 INTEREST �a2.7r...rr .� ((ADDRESS U beet.,_ "'iitirn. .��) �'L7/- i1'7 a 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 9'7( Ete11 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. ■ • 0 L 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 (It 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). /f%tk' 2rrfcl' /o -y -Se Date of Birth /)- OATH OF APPLICANT 11 I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature 4/ate 17/1-,C Title 4421.2f17- Date 3-// - 77 REPORT (Manufacturers,. nonresident AND APPROVAL OF LOCAL manufacturers, importers, wholesalers disregard the section LICENSING AUTHORITY limited wineries, and below-) public transportation licensees Is this application for a: X New License ❑ Transfer of Ownership H Other (specify) Each person required to file DR 8404-I: Yes No Has been fingerprinted v-�{ Background, NCIC and CCIC checked R�ly� ❑ The liquor licensed premises is ready for occupancy and has been inspected by the Local Licensing Authority. - `lcp�Yll If "no," the building will be completed and ready tor 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 12, Article 46 or 47 r, REFORE, THIS APPLICATION IS APPROVED. Local Licensing Authorityfor �LJ/ _ , ti� I7 ��..�..K. t Colorado TOWN, CITY COUNTY Signature/ /, ri 'mil tie nC� r Weld County Board tjsf kk�c 1 c40 otThissioners Date 04/09/97 sign re . 'et) / 1 , 7 '��ur" W-`•►�. unty Clerk to the Board •C,rr�ir! // .d ., de.ut Date 04/09/97 If premises are located within a town or cii� board of county commissioners and the cler approval should be given by such official. 0 oule signed by the mayor and clerk, if in a county, then by the chairman of the diilrby ordinance or otherwise, the local licensing authority is some other official, then such 970662 4 ern 5tor.fi L.. L_. 3d oit e - \) L__ / b'• ..___ - 79'70662 xv+o Form A237 BY THIS AGREEMENT ma eaand entered into on between feC , premises situated at / /Jer/or.•C. in the City of , State of C 0 O le00 3/6 LEASE WITH PURCHASE OPTION 3 / /3, 19??, referred to as Lessor, Ste 4-*t/YoL.-me.. f to/ether )With all appurtenances, _ / 3/ 19 97, and to end on o'clock /}. m. 1. Rent. Lessee agrees to pay, without demand, to Lessor Tic, hod, ctreC V O = ) per month in advance on the day of eac 79 9' 7, payable City of , Ot�+cL, State of `v, , or at such and herein herein referred to as Lessee, Lessor leases to Lessee the Ic or a term of Ont c.54-na CK ($ ,'O17O Gam°— ), receipt of w acknowledged b Lessor, as security for the faithful performance by 'Lessee of the terms hereof, to be returned to Lessee, without int rest, on the full and faithful performance by him of the provisions hereof. 3. Quiet Enjoyment. Lessor covenants that on paying t e rent and performing the covenants herein con- tained, Lessee shall peacefully and quietly have, hold, and enjoy t e demised premises for the agreed term. 4. Use of Premises. The demised premises shall be used and occupied by Lessee exclusively as , and neither the premises nor any part thereof shall be sed at any time during the term of this lease by Lessee for any other purpose. Lessee shall comply with all the san tary laws, ordinances, rules, and orders of appro- priate governmental authorities affecting the cleanliness, occupant , and preservation of the demised premises, and the sidewalks connected thereto, during the term of this lease. 5. Condition of Premises. Lessee stipulates that he ha ' examined the demised premises, including the grounds and all buildings and improvements, and that they are, at t e time of this lease, in good order, repair, and in a safe, clean, and tenantable condition. t,, �ar l , County of %c./c-- , and more particularly described as follows: .'not -/4 y to commence on l ,19 92 ,at ('Z'po as rent for the demised premises the sum of 5ur*y Dollars calendar month beginning ther place as Lessor may designate. 2. Security Deposit. On execution f this lease, Lessee deposits with Lessor cis 6. Assignment and Subletting. Without the prior writte lease, or sublet or grant any concession or license to use the premiss assignment, subletting, concession, or license shall not be deemed u letting, concession, or license. An assignment, subletting, concessis Lessor, or an assignment or subletting by operation of law, shall be lease. //Airs Dollars consent of Lessor, Lessee shall not assign this s or any part thereof. A consent by Lessor to one be a consent to any subsequent assignment, sub - n, or license without the prior written consent of void and shall, at Lessor's option, terminate this 7. Alterations and Improvements. Lessee shall mak no alterations to the buildings or the demised premises or construct any building or make other improvements o the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premis- es by Lessee, with the exception of fixtures removable without da age to the premises and movable personal prop- erty, shall, unless otherwise provided by written agreement betwee Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or upon sooner t rmination of this lease. 8. Damage to Premises. If the demised premises, or ai or other casualty not due to Lessee's negligence or willful act or premises shall be promptly repaired by Lessor and there shall be during which, and the extent to which, the leased premises may h should be damaged other than by Lessee's negligence or willful a to the extent that Lessor shall decide not to rebuild or repair, the to rated up to the time of the damage. y part thereof, shall be partially damaged by fire hat of his employee, family, agent, or visitor, the in abatement of rent corresponding with the time ve been untenantable; but, if the leased premises t or that of his employee, family, agent, or visitor m of this lease shall end and the rent shall be pro - 9. Dangerous Materials. Lessee shall not keep or have o the leased premises any article or thing of a dan- gerous, inflammable, or explosive character that might unreasonab y increase the danger of fire on the leased premis- es or that might be considered hazardous or extra hazardous by an responsible insurance company. 10. Utilities. Lessee shall be responsible for arranging fo and paying for all utility services required on the premises, except that shall be provided by Lessor. 0 53926 20237' (Revised 2/95) 970662 11. Maintenance and Repair. Lessee will, at his sole expense, keep and maintain the leased premises and appurtenances in good and sanitary condition and repair during the term of this lease and any renewal thereof. In particular, Lessee shall keep the fixtures on or about the leased premises in good order and repair; keep the furnace clean; keep the electric bells in order; keep the walks free from dirt and debris; and, at his sole expense, shall make all required repairs to the plumbing, range, heating apparatus, and electric and gas fixtures whenever damage there- to shall have resulted from Lessee's misuse, waste, or neglect or that of his employee, family, agent, or visitor. Major maintenance and repair of the leased premises, not due to Lessee's misuse, waste, or neglect or that of his employ- ee, family, agent, or visitor, shall be the responsibility of Lessor or his assigns. Lessee agrees that no signs shall be placed or painting done on or about the leased premises by Lessee or at his direction without the prior written con- sent of Lessor. 12. Right of Inspection. Lessor and his agents shall have the right at all reasonable times during the term of this lease and any renewal thereof to enter the demised premises for the purpose of inspecting the premises and all building and improvements thereon. 13. Display of Signs. During the last days of this lease, Lessor or his agent shall have the privilege of displaying the usual "For Sale" or "For Rent" or "Vacancy" signs on the demised premises and of show- ing the property to prospective purchasers or tenants. 14. Subordination of Lease. This lease and Lessee's leasehold interest hereunder are and shall be subject, subordinate, and inferior to, any liens or encumbrances now or hereafter placed on the demised premises by Lessor, all advances made under any such liens or encumbrances, the interest payable on any such liens or encumbrances, and any and all renewals or extensions of such liens or encumbrances. 15. Holdover by Lessee. Should Lessee remain in possession of the demised premises with the consent of Lessor after the natural expiration of this lease, a new month -to -month tenancy shall be created between Lessor and Lessee which shall he subject to all the terms and conditions hereof but shall be terminated on days' written notice served by either Lessor or Lessee on the other party. 16. Surrender of Premises. At the expiration of the lease term, Lessee shall quit and surrender the premis- es hereby demised in as good state and condition as they were at the commencement of this lease, reasonable use and wear thereof and damages by the elements excepted. 17. Default. If any default is made in the payment of rent, or any part thereof, at the times hereinbefore specified, or if any default is made in the performance of or compliance with any other term or condition hereof, this lease, at the option of Lessor, shall terminate and be forfeited, and Lessor may re-enter the premises and remove all persons therefrom. Lessee shall be given written notice of any default or breach, and termination and forfeiture of the lease shall not result if, within days of receipt of such notice, Lessee has corrected the default or breach or has taken action reasonably likely to effect such correction within a reasonable time. Lessee shall pay all reasonable attorneys' fees necessary to enforce lessor's rights. 18. Abandonment. If at any time during the term of this lease Lessee abandons the demised premises or any part thereof, Lessor may, at his option, enter the demised premises by any means without being liable for any prosecution therefore, and without becoming liable to Lessee for damages or for any payment of any kind whatever, and may, at his discretion, as agent for Lessee, relet the demised premises, or any part thereof, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting, and, at Lessor's option, hold Lessee liable for any difference between the rent that would have been payable under this lease during the balance of the unexpired term, if this lease had continued in force, and the net rent for such period real- ized by Lessor by means of such reletting. If Lessor's right of re-entry is exercised following abandonment of the premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left on the premises to also have been abandoned, in which case Lessor may dispose of all such personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for doing so. 19. Binding Effect. The covenants and conditions herein contained shall apply to and bind the heirs, legal representatives, and assigns of the parties hereto, and all covenants are to be construed as conditions of this lease. 20. Purchase Option. It is agreed that Lessee shall have the option to purchase real estate known as: for the purchase price of o t _c_ / .joss A) .l0i �' / 1, es r� Dollars ($ /pap ) with a down payment of 71�,. Z=. ..e...� elcal .c_ Dollars (5/ 9 occ) S— ) payable upon exercise of said purchase option, and with a closing date no later than days thereafter. This purchase option must be exercised in writing no later than / 5—' , 19 76' , but shall not be effective should the Lessee be in default under any terms of this lease ot'upon any termination of this lease. IN WITNESS WHEREOF, the parties have executed this lease at , the day and year first above written. Lessor M Lessee / yJ C O E -Z Legal Forms. Before you use this form, read it, fill in all blanks, and make whatever changes are necessary to your particular transaction. Consult a lawyer if you doubt the form's fitness for your purpose and use. E -Z Legal Forms and the retailer make no representation or warranty, express or implied, with respect to the merchantability of this form for an intended use or purpose. 970662 ATTACHMENT "A" PARCEL I, A TRACT OF LAND IN THE NORTHEAST QUARTER OF TILE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 NORTH, RANGE 62 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS; COttLENCING AT THE NORTHEAST CORNER OF SAID SECTION 34;• THENCE SOUTH 89 DEGREES 53' WEST ALONG THE NORTH LINE OF SAID SECTION 34, 2,741.40 FEET1 THENCE SOUTH 0 DEGREES 07' EAST 30.00 FEET TO THE TRUE POINT' OF BEGINNING; TI[ENCE SOUTH 0 DEGREES 07' EAST, 125.00 FEET;..THENCE SOUTH 89 DEGREES 53' WEST, 260.00 FEET; THENCE NORTH 0 DEGREES 07' WEST, 125 FEET; THENCE NORTH 89 DEGREES 53' EAST, 260.00 FEET THE TRUE POINT OF BEGINNING. PARCEL 2; ALT, THAT PORTION OF SECTION 34, TOWNSHIP 12 NORTH, RANGE G2 WEST OF TUE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING AT A POINT SOUTH 0 DEGREES 07' EAST, 30 FEET • FROM TIM SECTION LINE BETWEEN SECTIONS 27 AND 34, TOWNSHIP 12 NORTH, RANGE 62 WEST OF THE 6TH P.M., AND 2,691.4 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 34, MEASURED ALONG THE SECTION LINE WHICH POINT OF BEGINNING IS ON TILE SOUTH RIGHT OF WAY LINE OF TILE COUNTY ROAD; THENCE SOUTH 0 DEGREES 07' EAST, AND AT RIGHT ANGLES TO TILE COUNTY ROAD, 125 FEET; THENCE SOUTH 89 DEGREES 53' WEST AND PARALLEL TO THE COUNTY ROAD 50 FEET TO. A POINT; THENCE NORTH 0 DEGREES 07' WEST, 125 FEET TO A POINT IN THE SOUTH RIGHT OF WAY LINE OF SAID COUNTY ROAD; THENCE NORTH 89 DEGREES 53' EAST, 50 FEET ALONG SAID RIGHT OF WAY LINE TO TILE POINT OF BEGINNING, COUNTY OF WELD STATE OF COLORADO 970662 D0C _ '---,6Recordedat Reception No._ 2532424 B-1590 N766 02/06/1997 01:34P PG 1 OF 2 REC Weld County CO JA Suki Tsukamoto Clerk & Recorder 11.00 PUBLIC TRUSTEE'S DEED Sale No 909 THIS DEED is made FEBRUARY 5 1997 , between W_V I ARD C. as the Public Trustee, of the a 'ou*Counttyy or We 1 d , Colorado, and yZyitek Dairy, Inc. ,Grantee, the holder of the Rf'Certificate of Purchase, O Certificate of Redemption issued to the lienor last redeeming, whose legal address is 46499 WCR 136, Grover, Colorado 80729 WHEREAS, Inland Mortgage Services, Inc. did, by Deed of Trust dated January 12 , I995 , and recorded in the office of the Clerk and Recorder of the County of Weld , Colorado, on January 12 , 1995 , in Book 1475 , Page 728 , (Film No. , Reception No. 2422819 convey to the Public Trustee, in Trust, the property hereinafter described to secure the payment of the indebtedness provided in said Deed of Trust; and WHEREAS, a violation was made in certain of the terms and convenants of said Deed of Trust as shown by the Notice of Election and Demand for Sale filed with the Public Trustee (a duplicate of which was recorded in the office of said County Clerk and Recorder); the said property was advertised for public sale at the place and in the manner provided by law and by said Deed of Trust; Notice of Right to Cure and Redeem and Notice of Sale were given as required by law; said property was sold according to said Notice of Sale; and a Certificate of Purchase thereof was made and recorded in the office of said County Clerk and Recorder; and WHEREAS, all periods of redemption have expired. NOW, THEREFORE, the Public Trustee, pursuant to the power and authority vested by law and by the said Deed of trust, confirms the foreclosure sale and sells and conveys to Grantee the following described property located in the County of We 1 d , State of Colorado, to -wit: SEE ATTACHMENT "A" also known by street and number as 39520 Weld County Road 136, Hereford, CO TO HAVE AND TO HOLD the same, with all appurtenances, forever. Executed the day and year first above written. co Public Trustee of the State of Colorado By STATE OF COLORADO County of WELD yy� Id� Weld Deputy Public Trustee The foregoing instrument was acknowledged before me this 5th day of FEBRUARY . 19 97 by WILLARD G. JONES as the Public Trustee of the County of Weld , State of Colorado. My commission expires SEPTEMBER 18, 2000 Witness my hand and official seal. 'If in Denver, insert "City and". ( LILLY MAf i.}(4,'P> S Name and Address of Person Creating Newly C,eated Legal Description'($ 38-35t0p.5fS*% No. 30. Rev. 6-92. PUBLIC TRUSTEE'S DEED Bradford Publishing, 1743 wazee St., Denver, CO 80202 - (303) 292-2500 - 5-95 9706 ATTACHMENT "A" PARCEL I: A TRACT OF LAND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 12 NORTH, RANGE 62 WEST OF THE 6TIN P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 34;: THENCE SOUTH 89 DEGREES 53' WEST ALONG THE NORTH LINE OF SAID SECTION 34, 2,741.40 FEET,- THENCE SOUTH 0 DEGREES 07' EAST 30.00 FEET' 'T'0 THE TRUE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 07' EAST, 125.00 FEET;THENCE SOUTH 89 DEGREES 53' WEST, 260.00 FEET; THENCE NORTH 0 DEGREES 07' WEST, 125 FEET, THENCE NORTH 89 DEGREES 53' EAST, 260.00 FEET THE TRUE POINT OF BEGINNING. PARCEL 2: ALL THAT PORTION OF SECTION 34, TOWNSHIP 12 NORTH, RANGE 62 WEST OF 'TUE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS' - BEGINNING AT A POINT SOUTH 0 DEGREES 07' EAST, 30 FEET • FROM THE SECTION LINE BETWEEN SECTIONS 27 AND 34, TOWNSHIP 12 NORTH, RANGE 62 WEST OF THE 6TH P.M., AND 2,691.4 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 34, MEASURED ALONG THE SECTION LINE WHICH POINT OF BEGINNING IS ON THE SOUTH RIGHT OF WAY LINE OF '1'}IE COUNTY ROAD; THENCE SOUTH 0 DEGREES 07' EAST, AHD AT RIGHT IUIGLES TO THE COUNTY ROAD, 125 FEET; THENCE SOUTH 89 DEGREES 53' WEST AND PARALLEL TO THE COUNTY ROAD 50 FEET TO. A POINT; THENCE NORTH 0 DEGREES 07' WEST, 125 FEET TO A POINT IN THE SOUTH RIGHT OF WAY LINE OF SAID COUNTY ROAD; THENCE NORTH 89 DEGREES 53' EAST, 50 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING, COUN'1"! OF WELD S'T'ATE OF COLORADO 2532424 3-1590 P-766 02/06/1997 01:34P PG 2 OF 2 970662 DR 8177 (03/95) ! COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET ROOM 600 DENVER CO 80261 (303) 866.3741 CORPORATE APPLICANT INFORMATION AND CORPORATE REPORT OF CHANGES Liquor and 3.2 Beer License Submit to Local Authority (Local Authority will submit to State) DO NOT USE THIS FORM TO REFLECT A CHANGE IN PARTNERSHIP. IF THERE IS A CHANGE DR 8404 AND FILE A CHANGE OF OWNERSHIP P WITH YOUR LOCAL LICENSING AUTHORITY. IN PARTNERSHIP, USE THE Attach the following documents to this applicant information: rate Stamped Articles of Incorporation if incorporated less than 2 years. Certificate of Good Standing dated within the last two years if Corporation is at1! Certificate of Authority if a foreign corporation. NOTE: All Officers and Directors of the Applicant/Licensee must fill out a DR 8404-I (Individual History Record). All stockholders with a 10% (or more) ownership interest in the Applicant must also fill out a DR 8404-I (Individual History Record)., State Liquor License Number Corporate Applicant Name glt Trade Name Address of Licensed Premises 3 9 S.,? C) we A2 13 & State Tax Account Number . /?,GL- NC City //f• � 4'r'/) Tele ne Number q7c) / State Cv State CU ZIP Code 732 ZIP Code Mailing Address if different than above City X it)C ALL APPLICANTS MUST LIST CURRENT OFFICERS AND DIRECTORS. If currently licensed and this is a change of corporate structure, also identify the Officers/Directors replaced and attach a certificate of good standing, dated within the last two years. th earea above Attach separate sheet if necessary. D PO U Follow Instructlorls III e .11.....• • OFFICERS Name Home Add ess DOB Replaces CURRENT CORPORATE /%%9,he)( Z ! 71 e X 1 // l ,15742.4,7t- /b - Secretary Name CURRENT DIRECTORS z>:tc-•�! CIC-. STOCKHOLDERS AND PERCENTAGE OF STOCK NOW OWNED Is this corporation sub'ect to the reporting requirements of the Securities and Exchange Act of 1934? (Publicly traded) DrYes [] No If yes, list only those stockholders owning 10% (or more) of the issued stock. If no, list all stockholders. CURRENT STOCKHOLDERS ie/ 2tt•k' .',-iterie 1 y ,< z ,' 1 t° /e Name Home Address /1/1//44, DOB 'A.4 icr/P-cJ- Now Owned Registered Agent //I OATH OF APPLICAM 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. Address For Service g - `'sr 4/6 ;t 4 c0, ,c 063/ Authorized Signatur . REPORT OF LOCAL LICENSING AUTH Local Licensing Authority For Signature ,C.," Attest ./ /1i NOTE: Local authority, for all chang An acknowledgment will be re Title Date -/Q - y3 _ The foregoing changes have been received and examined by the Local - sing Authority. ado EL County D Town/City air , Weld Cou1.t:y Board Cortnli:.. iorner. (1p1 i>::1ra the Board Date 04/09/97 Date 04/09/97 please submit all copies to the Liquor Enforc cal authority. STATE S " _ RADO DEPARTMENT OF STATE CERTIFICATE 2, VICTORIA BUCKLEY, Secretary of State of the State of Colorado hereby certify that ACCORDING TO THE RECORDS OF THIS OFFICE, HEREFORD BAR AND GRILL, INC. (COLORADO CORPORATION) BECAME INCORPORATED UPON FILING ARTICLES OF INCORPORATION DATED 01/10/97. Dated: JANUARY 10, 1997 SECRETARY OF STATE 970662 STATE 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 HEREFORD BAR AND GRILL, INC. (COLORADO CORPORATION) FILE # 19971004449 WAS FILED IN THIS OFFICE ON January 10, 1997 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: February 14, 1997 rz-144x;O SECRETARY OF STATE 970662 ARTICLES OF INCORPORATION OF HEREFORD BAR AND GRILL, INC. The undersigned, being a natural person overithe-ageor ia eighteen years of age, acting as incorporator of a corporation formed under the provisions of the Colorado Corporation Code, hereby makes and adopts the following Articles of Incorporation: aro COP'S agOtWagco ,n k.Cb'Yj fk7 nfa A w.-i&U ,�EIkip_4ti Ui_Zinic ARTICLE I The name of the corporation is Hereford Bar and Grill, Inc. ARTICLE II (Purposes) The nature, objects and purposes of the business to be transacted shall be as follows: To transact any legal and lawful purpose pursuant to the Colorado Business Corporation Act. ARTICLE III (Powers) In furtherance of the foregoing purposes, the corporation shall have and may exercise all of the rights, powers, and privileges now or hereafter conferred upon corporations organized under the laws of Colorado. In addition, it may do everything necessary, suitable or proper for the accomplishment of any of these corporate purposes. ARTICLE IV (Period of Duration) The corporation shall have perpetual existence. ARTICLE V (Capital) The aggregate number of shares which the Corporation shall have authority to issue is 100,000 shares of common stock of no par value. No shares shall be issued until they have been paid for and, once paid for, shall be non -assessable. ARTICLE VI (Voting) Each shareholder of record shall have one vote for each share of stock standing in his name on the books of the corporation and entitled to vote, except that in the election of directors he shall have the right to vote such number of shares for as many persons as there are directors to be elected. Cumulative voting shall not be allowed in the election of directors or for any other purpose. 970662 ARTICLE VII (Preemptive Rights) The shareholders are hereby denied preemptive rights to acquire additional unissued or treasury shares of the corporation, or securities convertible into shares or carrying stock purchase warrants or privileges. ARTICLE VIII (Restrictions on Transfer) The corporation shall have the right by appropriate action to impose restrictions or agree to restrictions upon the transfer of any shares of its common stock, or any interests therein, from time to time issued, provided that such restrictions as may from time to time be so imposed, or notice of the substance thereof, shall be set forth upon the face or the back of the certificates representing said shares of common stock. ARTICLE IX (Distributions in Partial Liquidation) The Board of Directors may from time to time distribute to the shareholders in partial liquidation, out of stated capital or capital surplus of the corporation, a portion of its assets in cash or property, subject to the limitations contained in the Statutes of Colorado. ARTICLE X (Directors) The initial Board of Directors shall consist of two (2) directors and the names and addresses of the persons who are to serve as directors until the first annual meeting of the shareholders and until their successors are elected and qualified are: Name Address Mark Zitek 1111 1st Street Nunn, Colorado 80648 Kimberly Zitek 1111 1st Street Nunn, Colorado 80648 ARTICLE XI (Registered Office and Agent) The name of the initial registered agent of the corporation and the address of the initial registered agent is William W. Hughes, 822 7th Street, Suite 610, Greeley, Colorado 80631. The 2 970662 principal office address of the corporation is 39520 Weld County Road 136, P.O. Box 45, Hereford, Colorado 80732 ARTICLE XII (Miscellaneous Provisions) The following provisions are inserted for the management of the business and for the conduct of the affairs of the corporation, and the same are in furtherance of and not in limitation or exclusion of the powers conferred by law. (a) Contracts with Directors. Etc.: No contract or other transaction of the corporation with any other person, firm or corporation, or in which this corporation is interested, shall be affected or invalidated by: (i) The fact that anyone or more of the directors or officers of this corporation is interested in or is a director or officer of another corporation; and (ii) The fact that any director or officers, individually or jointly with others, may be a party to or may be interested in any such contract or transaction. Each person who may become a director or officer of the corporation is hereby relieved from any liability that might otherwise arise by reason of his contracting with the corporation for the benefit of himself or any firm or corporation in which he may be in any way interested. (b) Liability of Directors: No director shall be liable to the corporation or its shareholders for monetary damages if the basis of liability is that the director negligently performed his or her duties in a business transaction involving the corporation or made an error in judgment in any business transaction involving the corporation. The statements in the preceding sentence shall not relieve any director or liability to the corporation or to the shareholders for monetary damages for any breach of duty of loyalty to the corporation or to is shareholders; or for acts or omissions not in good faith or which involved intentional misconduct for a knowing violation of law; or for acts specified in Colorado Revised Statutes, 7-5-114; or for any transaction from which the director shall have derived an improper personal benefit. (c) Negation of Equitable Interests in Shares or Rights: The corporation shall be entitled to treat the registered holder of any shares of the corporation as the owner thereof for all purposes, including all rights deriving from such shares, and shall not be bound to recognize any equitable or other claims to, or interest in, such shares or rights deriving from such shares, on the part of any other person, including but without limiting the generality hereof, a purchaser, assignee or transferee of such shares or rights deriving from such shares, unless and until such purchaser, 3 970662 assignee, transferee or other person becomes the registered holder of such shares, whether or not the corporation shall have either actual or constructive notice of the interest of such purchaser, assignee, transferee or any of the shares of the corporation shall not be entitled: to receive notice of the meetings of the stockholders; to vote at such meetings; to examine a list of the shareholders; to be paid dividends or other sums payable to shareholders; or to own, enjoy and exercise any other property or rights deriving from such shares against the corporation, until such purchaser, assignee, or transferee has become the registered holder of such shares. ARTICLE XIII (Incorporator) The name and address of the incorporator is Mark Zitek, 1111 1st Street, Nunn, Colorado 80648. Dated this STATE OF COLORADO COUNTY OF WELD day of January, 1997. SS Mark Zttew I, the undersigned, Notary Public duly commissioned to take acknowledgements and administer oaths in the State of Colorado, certify that Mark Zitek is the incorporator referred to in Article XIII of the foregoing Articles of Incorporation, personally appeared before me and swore to the truth of the facts therein stated. WITNESS my hand and official seal this day of January, 1997. My commission expires: //mayycr I, William W. Hughes, hereby consent to being the initial registered agent. (1Jut.A.Atuu. uJ. William W. Hu 4 970662 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 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 /4' FOA'.D //f12 A,i7/ i.dc Date 3-/0- ?7 Social Security Number(s) 2. Your Full Name (last, first, middle) 21t /c ,(',/lii3e4'Iy K71), 3. Also Known As (maiden name/nickname, etc.) —_--_- 4. Mailing Address (if different from residence) ,?o /god` 6/5- Pt' et1-O /) Co ko7j.2 Home Telephone 77a -1Y2---7631 5. Residence Add;ess (street and number, city, state, ZIP) //// /s . ., /O2't1 CO So( uel 6. Date of Birth / / Place of Birth ` \ Soh. /Ja,4:. eL. /,_k:,?. U.1/i J 7. U.S. Citizen? Yes No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Mien's Registration Card Number Permanent Residence Card Number 8. Height 5'//' Weight to,) Hair Color 2e.ote?Yi Eye Color 4-'nu?f'l Sex ._ /— Race,, . L_... 9.22..2>Have a current Driver 10. Name 9 ' F' i � Present Erriployer , / i -- ,. w {1�� _.. h � ,-' ,� i/_ � 1�1, _./i _. 11. Type of Business or Employr�nent -9 v , . �,�.L(Ct�CtC�c .'_ (( 12. Address of Business Where Employed (street number, city, state, ZIP) \ r - � /Business p4 oo T, / ho 99 13. Present Position , l \I. u . t„ ' , '( .—. 14. Marital Status t 15. Name of Spouse (include maiden a if *Oct 16. Spouse's Date of Birth, /h— Spoysfe Place of Birth lg- . J } './)/ ,c.. , /' 17. Spouse's residence address, if different than yours (streeVand number, city, state, ZIP) Ti1l 18. Spouses Present Emyloyex i 4C'k ! "a.<.. r )C.. Occupation 19. Address of,$pouse's Present Employer-: 1 ,- � ‘,1). iii) / . /,•,, 20. !! IAAZ,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 EMPLOYER 21. Do you now, or have you Licensee? If yes, answer 17 Yes 9 ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer in detail No 970662 CONTINUED ON REVERSE SIDE DR 8404-I (2/94) Page 2 22. Have violations, explain ■ 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 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.) It yes, in detail. Yes No 23. Have you ever received a vio ion 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 LY No 24. Military Service (branch) ' /J/ j tit / v " ` --- 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 A/U.'/,4,;• l0 '06�r7- : i-- �' � 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 ,_.•(;��,e. .�.).�, 1�11/�-Y( — .3JO/ �''c•� � 'I�_.r..t/ ..1 v( 4 ._:r 'LtZ.�. ,�� f/`., .V `' "'eV-) 7 0/4' � il..r-.;/:-('C �O/ ). n > �i5 ?; .; _,e ..r, .4136 /cJA J =�,p: )Q .,,�`i/.' : �'; 71 r i1 1 yf .Iv` r,'J`) --•:.1j. / 1)1i� r;: �, _, 27. Whatis your relationship to the applican.(sole owner, partner, corporate officer, director, stockholder, member or manager) 28. If stockholder, number of shares owned beneficially or o f record /0, C,. OS Percent of outstanding stock owned G' . d 29. It partner, state whether • General ■ Limited Percent of Partnership Owned IIf 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 $ `7 , : /ir 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 ( - #( . 9'-,Y' Ll i/ „...E,hl i / 7. 7t. kj t-l�� o?, $ z..�') e/ cc t'`.^6 f 0; � -1' y'/(7 1/ 2, lc k $ $ 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 , ;'t Title .t : e t 't .L.t'12 . L _, Date / i /I 970662 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 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 'Keff FO4'/) 13,/? 6 Ae/it „gc- Date 3-/d-97 Social Security Number(s) `/ 2. Your Full Name (last, first, middle) zf feK /1141K lik1/11/441., 3. Also Known As (maiden name/nickname, etc.) 4. Mailing Address (it different from residence) / �r / //// /S o.. ¢ /1/ (J4441 C. 0 su6W I Home Telephone 770 -Hy - .263/ 5. Residence Address (street and number, city, state, ZIP) //// / if ;2'/i/V/f/ C O 106 g 6. Date of Birth / Place of irth x,Lp, w)62 7. U.S. Citizen? LJYes No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Mien, Give Mien's Registration Card Number Permanent Residence Card Number 8. Height 5'10-' Weight /60 Hair Color %S/(owN Eye Color ,NA2rt Sex /I% Race i,/ . �Do You Have a current 9�/ LJYes ❑No Driver's License? It es give number state 10. Name o Present Employer 51e. 1 f £mv/oyt di 11. Type of Business or Employment 12. Address of Business Where Employed (street number, city, state. ZIP) —5A4i •e. Cl, c 4/3 lit. Business Telephone 13. Present Position 14. Marital Status //>4fe 4/?' e ci 15. Name of Spouse (include maiden name if applicable) /r-/,92 de fl, K /f Ze /e 16. Spouse's Date of Birth o7- s Place of Binti WA7r/' town/ <olitN /2,ikolrt 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 5A 4-7 L. 18. Spouse's Present Employer k iy/ i4'/fie r Occupation - S/ockeir. 19. Address of Spouse's Present Employer 3/0/ ) 3 4 v ss/.w4 C0 Se43., 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 EMPLOYER ,NOAi& 21. Do you now, or have you Licensee? II yes, answer LI Yes 'No ever held a State of Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory, to any Colorado Liquor or Beer in detail CONTINUED ON REVERSE SIDE 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 V No 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. ❑ Yes V No 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 )//f/ s „ „_ —,4a 53'a6Lit i - S'y 9--7 zs. 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 SeL/� �mPlny,e /7 —/b ci ,f-fr i 7-/ 5( /2-K-� /2-ir;-% 7./ 7 fdru_etdrn tlUGYi9 c ,,,,, -1 >1 j9/?,b'ie sett IMF -/L erj 1—/•K (ON(,"LAJ24tr,i/ /Re i9tttttws Cl4prn,_t,e wYU P#Pitc ? ,-,_l_8ir )-! 9r 27. What is your relationship to the applicant? (sole Owner, partner, corporate officer, director, stockholder, member or manager) C;i/et'p-.-a'r( c/-/,( P'/i .1 1e i;pf'el 28. If stockholder, number of shares owned beneficially or of record 11 /97 Percent of outstanding stock 5-6129. owned 60J If partner, State whether General In 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 $ ,7 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 $ %l c ./..K 7'•1e. /C- /7r $ L. 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 Title Date adza: WI�Yc cowxnno April 2, 1997 Hereford Bar and Grill, Inc. dba Hereford Bar and Grill do Mark and Kimberly Zitek 39520 WCR 136 Hereford, Colorado 80732 Dear Mr. and Mrs. Zitek: Board of County Commissioners PHONE (970) 356-4000, EXT. 4226 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 RE: Report of Investigation - Hereford Bar and Grill This letter is written pursuant to the requirements of Section 12-47-137(1), C.R.S., concerning the tavern liquor license application of Hereford Bar and Grill, Inc. On Tuesday, April 1, 1997, I visited the premises of the proposed Hereford Bar and Grill, 39520 Weld County Road 136, Hereford, Colorado. During my visit, I observed the following: 1. The proposed Hereford Bar and Grill is not connected to a different liquor licensed premises and, therefore, does not share a common entrance with another licensed premises. Such common entrances are prohibited by Section 12-47-106(3), C.R.S. 2. The diagram of the proposed Hereford Bar and Grill as submitted by the applicant correctly shows the premises. 3. There are no other liquor licensed establishments which are nearby. 4. No public or parochial school, or principal campus of any college, university, or seminary is located within 500 feet of the proposed Hereford Bar and Grill, as prohibited by Section 12-47-138(1)(d)(1), C.R.S. 5. A sign providing notice of the Board of County Commissioners Hearing set for April 9, 1997, was placed in plain view and was posted on the front door of the proposed Hereford Bar and Grill. 6. The proposed Hereford Bar and Grill has the capability of heating and serving sandwiches and other foods, as required by Section 12-47-119.5(1), C.R.S. 970662 Letter, Zitek April 4, 1997 Page 2 Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO George E. Baxter, Chair cc: Bruce Barker, County Attorney Clerk to the Board's Office GB/skm 970662 NOTICE DOCKET NO. 97-19 PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, HEREFORD BAR AND GRILL, DBA HEREFORD BAR AND GRILL, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR SALE OF MALT, VINOUS, AND SPIRITUOUS LIQUORS FOR CONSUMPTION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: MARCH 10, 1997 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: ALL OF SECTIONS 20 THROUGH 29 AND SECTIONS 32 THROUGH 36, TOWNSHIP 12 NORTH, RANGE 62 WEST OF THE 6TH P.M., AND ALL OF SECTIONS 1 THROUGH 12, TOWNSHIP 11 NORTH, RANGE 62 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO THE HEARING ON THE APPLICATION FOR SAID LICENSE WILL BE HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO, ON APRIL 9, 1997, AT 9:00 A.M. PLEASE CONTACT THE CLERK TO THE BOARD'S OFFICE AT PHONE (970) 356-4000, EXTENSION 4226, OR FAX (970) 352-0242, PRIOR TO THE DAY OF THE HEARING SO THAT REASONABLE ACCOMMODATIONS CAN BE MADE IF, IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, YOU REQUIRE SPECIAL ACCOMMODATIONS AS A RESULT OF A DISABILITY IN ORDER TO PARTICIPATE IN THIS HEARING. PETITIONS AND REMONSTRANCES MAY BE FILED IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS, LOCATED IN THE WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, THIRD FLOOR, GREELEY, COLORADO. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 19, 1997 PUBLISHED: MARCH 27, 1997, IN THE SOUTH WELD SUN 970662 STATE OF COLORADO )s.s. COUNTY OF WELD Ruth Pelton-Roby, as manager of Pelton Publishing Company LLC, being duly sworn, states that it is publisher of the South Weld Sun, a weekly newspaper published in Keenesburg in said County and State; that said newspaper has a general circulation in said County and has been continuously and uninterruptedly published therein, during a period of at least fifty-two consecutive weeks prior to the first publication of the annexed notice; that said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado, entitled "An Act to regulate the printing of legal notices and advertisements," and amendments thereto; that the notice of which the annexed is a printed copy taken from said newspaper, was published in said newspaper, and in the regular and entire issue of every number thereof, once a week for I successive weeks; that said notice was so published in said newspaper proper and not in any supplement thereof, and that the first publication of said notice as aforesaid, was on the D-1 day of 1'L o ,L, , 1997, 1nn and the last on the OA day of " 1 rr&-rh , 1997. PELTOPUBLISHING COMPANY LLC BY: Ruth Pelton-Roby, Manager Subscribeond sworn_r, before IM me this r},,7day of :f//I� t , 1997. 2nO1-12 (/?11-1/1,149MS-- Notary Public 4 NOTICE DOCKET NO. 97-19 PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, HEREFORD BAR AND GRILL, DBA HEREFORD BAR AND GRILL, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR SALE OF MALT, VINOUS, AND SPIRITUOUS LIQUORS FOR CONSUMPTION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: MARCH 10, 1997 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: ALL OF SECTIONS 20 THROUGH 29 AND SECTIONS 32 THROUGH 36, TOWNSHIP 12NORTN, RANGE 02 WEST OF THE STN PAL, AND ALL OF SECTIONS 1 THROUGH 12, TOWNSHIP 11 NORTH, RANGE 62 WEST OF THE 6TH P.M.; WELD COUNTY, COLORADO -- " -- THE HEARING ON THE APPLICATION FOR SAID LICENSE WILL EE HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 01610TH STREET, GREELEY, COLORADO, ON APRIL 0, 1967, AT 9:00 A.M. PLEASE CONTACT THE CLERK TO THE BOARD'S OFFICE AT PHONE (970) 266 4000, EXTENSION 4226, OR FAX (970) 962.0942, PRIOR TO THE DAY OF THE HEARING SO THAT REASONABLE ACCOMMODATIONS CAN BE MADE IF, IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, YOU REWIRE SPECIAL ACCOMMODATIONS ASARESULTOF A DISABILITY IN ORDER TO PARTICIPATE IN THIS HEARING. PETITIONS AND REMONSTRANCE MAY BE FILED IN THE OFFICE OF THE CLERK TO THE BOARD OF COUNTY COMMISSIONERS, LOCATED IN THE WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET. THIRD FLOOR, GREELEY, COLORADO. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: MARCH 19, 1997 PUBLISHED: MARCH 27, 1997, IN THE SOUTH WELD SUN 970662 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #97-19, was placed in the United States mail, first class mail, postage prepaid, addressed to the following property owners. DATED this 21st day of March, 1997. HEREFORD BAR AND GRILL, INC. DBA HEREFORD BAR AND GRILL C/O MARK AND KIMBERLY ZITEK 39520 WELD COUNTY ROAD 136 P.O. BOX 45 HEREFORD, CO 80732 DAVE SAUTER COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 800 8TH AVENUE, ROOM 231 GREELEY, CO 80631 Deputy ClerWto the Board 970662 AY TO THE ORDER OF _ 'SOIAJSS )dlspay u ns% !Wien Jo) noA 1(ua41 BANK ONE BANK ONE, GREELEY, A AULT BANKING CENTER (303) 8342806. AULT, COLORADO, 80610 P 387 472 383 RECEIPT FOR CERTIFIED MAIL NU INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) nI Sent to cs Colorado Dept. Of Revenue y Liquor Enforcement Division 1375 Sherman Street Denver, CO 80261 PS Form 3800, June 1985 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 Postmark or Dale 4/-9-97 S see's Address this form so that we can return this on the back if space does not 9 - �b OWp Q_ dam L m c8 m • 9 EE € 'kg :T E Sc W S N O • Wzg o Qb E.i•.O. V mQ : wo8& n€.gym≥ u2"' U. gapls 00.10/101 ay) uo pa)aldwoo ssatwav NHf113H +DoA sl o o N a 3 dM� o Pa z�1 0 \ m cc 2 a Q 0) Q wit v ❑ ❑ ❑ 0 s m 0 N C O o 3 > > 0) 0 es re C d 0) L( r O E fn N m o t42 E o a V .O W L 16 CO CD ` O 3 10 > el dl m 6' ture: (Address Cr U,x ro 0 cc C Et a CO E 0 0) u_ a 970662 Hello