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Home My WebLink About971386.tiffFINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF MIKEL AND LINDA QUAYLE, DBA THE LITTLE OASIS RESTAURANT, FOR HOTEL/RESTAURANT LIQUOR LICENSE AND AUTHORIZATION FOR CHAIR TO SIGN The application of Mikel and Linda Quayle, dba The Little Oasis Restaurant,10763 Turner Boulevard, Longmont,Colorado 80504-9578, for a Hotel/Restaurant Liquor License, came on for hearing on the 21st day of July, 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 Mikel and Linda Quayle, dba The Little Oasis Restaurant, for a Hotel/Restaurant Liquor License, 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 $575.00 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 Hotel/Restaurant Liquor License for Mikel and Linda Quayle, dba The Little Oasis Restaurant. 971386 LC0042 HOTEL/RESTAURANT LIQUOR LICENSE - LITTLE OASIS RESTAURANT 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 97-12 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 August 6, 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 21st day of July, A.D., 1997. ATTE Weld BY Deputy, c oard APPRO e S TO FORM: y ttorney Dale K. Hall BOARD OF COUNTY COMMISSIONERS WEL COUNTY,7ORADO Georg E. Baxter, Chair ante L. Harbert, Pro -item EXCUSED Barbara J. Kirkmeyer W. H: Webster 971386 LC0042 HEARING CERTIFICATION DOCKET NO. 97-38 RE: APPLICATION FOR HOTEL/RESTAURANT LIQUOR LICENSE, MIKEL DOUGLAS AND LINDA MARIE QUAYLE, DBA THE LITTLE OASIS RESTAURANT A public hearing was conducted on July 21, 1997, at 9:00 a.m., with the following present: Commissioner George E. Baxter, Chair Commissioner Constance L. Harbert, Pro -Tern Commissioner Dale K. Hall Commissioner Barbara J. Kirkmeyer - EXCUSED Commissioner W. H. Webster Also present: Acting Clerk to the Board, Carol Harding County Attorney, Bruce Barker The following business was transacted: I hereby certify that pursuant to a notice dated July 2, 1997, and duly published July 10, 1997, in the South Weld Sun, a public hearing was conducted to consider the application of Mikel Douglas and Linda Marie Quayle, dba The Little Oasis Restaurant, 10763 Turner Boulevard, Longmont, Colorado 80501, for a Hotel / Restaurant Liquor License. Bruce Barker, County Attorney, made this a matter of record and stated the Quayles are new owners who have operated a restaurant at this location for the past two months. He reminded the Board that a previous license held at this location was revoked by the State. Mikel and Linda Quayle, applicants, were present. Ms. Quayle stated they are trying to present a favorable lounge -type atmosphere to compliment their dining facility. Responding to Commissioner Webster's question, Ms. Quayle indicated the establishment will seat 79. Mr. Barker indicated the lease of the premises is good for less than one year; however, the option for renewal makes it acceptable. No public testimony was offered concerning this matter. Commissioner Webster moved to approve the application of Mikel Douglas and Linda Marie Quayle, dba The Little Oasis Restaurant, 10763 Turner Boulevard, Longmont, Colorado 80550, for a Hotel / Restaurant Liquor License. The motion was seconded by Commissioner Hall, and it carried unanimously. 971386 LC0042 RE: HEARING CERTIFICATION - APPLICATION FOR HOTEL / RESTAURANT - THE LITTLE OASIS RESTAURANT PAGE 2 Weld Coun BY: Deputy C TAPE #97-18 DOCKET #97-38 This Certification was approved on the 23rd day of July, 1997. APPROVED: ATTEST: BOARD OF COUNTY COMMISSIONERS WELD NTY, 29RADO George'E. Baxter, Chair tance L. Harbert, Pro -T Dale K. Hall EXCUSED Barbara J. Kirkmeyer 1 W. H. Webster 971386 LC0042 NOTICE DOCKET NO. 97-38 PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, MIKEL DOUGLAS AND LINDA MARIE QUAYLE, DBA THE LITTLE OASIS RESTAURANT, 10763 TURNER BOULEVARD, LONGMONT, COLORADO 80504, HAVE REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A HOTEURESTAURANT LIQUOR LICENSE FOR SALE OF MALT, VINOUS, AND SPIRITUOUS LIQUORS FOR CONSUMPTION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: JUNE 27, 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 2, 3, 10, 11, 14, AND 15, IN TOWNSHIP 2 NORTH, RANGE 68 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 JULY 21, 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: JULY 2, 1997 PUBLISHED: JULY 10, 1997, IN THE SOUTH WELD SUN 971386 m C 3 LL P 387 472 361 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Colorado Dept. of Revenue Liquor Enforcement Division 1375 Sherman Street Denver, CO 80261 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 2-50 --.77 2 2 > .Q '*owes wnyey 6upn so; noA'uesa m a 0 la g m cal :t as t�yp N .. Q R s. '_❑❑ ggg w m N O rsb 2Q Z 8 o = o O m_ E w E Ca CC ,2 a ❑ n r C 01 O C • N 0) > > •� 07 O ♦.a C 0) I- get -ft W £t L e > U M J cmQ 0 0 0 ° In'x ca LOPls N»ea aR MO pgaldwoo ssauaav swum( JnOA q a 971385 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 nuTber 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 of resaid, was on the In day of , 199 and the last on the day of , 1997 PELTON PUBLISHING COMPANY LLC BY: Ruth Pelton-Roby, Manager Subscribed and sworn tbfore me this /44 day of LH%J1 , 1997. Notary Public dR nnftarnlrc!nn Th hires 12-16-2"^C �y@g2t4t 1 eae,� Icp ?o<9 h 'X ` xC _Zai� d� HI! plig!11N sqh HHUUUd 971385 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 C (10192) STATE DEPARTMENT ALCOHOLIC OF COLORADO OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver, Colorado 80261 QUAYLE MIKEL QUAYLE LINDA LITTLE OASIS RESTAURANT THE 10763 TURNER BLVD LONGMONT CO 80504-9578 BEVERAGE LICENSE Account Number Liability Information LICENSE EXPIRES AT MIDNIGHT County City Indust. Type Liability Date 23-99470-0000 03 206 5813 P 080797 AUG 06, 1998 Type Name and Description of License Fee 1970 2190 HOTEL AND RESTAURANT LIQUOR LICENSE - MALT, VINOUS, AND SPIRITUOUS COUNTY 85 PERCENT OAP FEE $ 50.00 $ 425.00 This license is issued provision of Title nontransferable only valid through be addressed to Street, Denver, testimony whereof, TOTAL FEES) subject to the laws of the State of Colorado and especially 12, Articles 46 or 47, CRS 1973, as amended. and shall be conspicuously posted in the place above described. the expiration date shown above. Questions concerning the Department of Revenue, Liquor Enforcement Division, CO 80261. I have hereunto set my hand. SW Sean AUG 081997 Executive $ 475.00 under the This license is This license is this license should 1375 Sherman Of Dire tor c, ,,�1J L Division Director RECEIVED 08/25/97 BY:_ 971385 o' a. Q4 a ai rcI O4 ^ Fi JU a 1 0 V 3z O H Lis P. O O Q Qf pcc H o cn Od ', • E. (J 2 wv/ d OI O o a a M w H I-: 'ii O a ' m F W RECEIVED 08/25/97 BY:1/4\--_Th ni O a a ci a m c3 0 a e In 9 O ii O o � � H ti 1 � H N � P. Q z 6 U) a Z • O z Q H a L e H N - O es > d loc 51 • E+ PA d u2 O H SPECIFY KINDS OF LIQUORS RESTAURANT CID y O D SIIgITIJQU@ 0 0 0 O 2 LT, VINOUS, than 3.2% Alc O O cn H O) 1 rj H O > w .7 .3 H w El) q x O▪ O H z 5P.a H a Q o 0 AzW �,cr c0 a cn 41 a w W c4 sH (12 0-4 a O ,1-, w 04 a o RI cil al.� w a y w 2 N ,., cd� H .a o c. 2 •a c. ›. O G O m _ 2 O i. a H a w c. OH x.�yH� z Z • � s~ 0) . a ° ° 0 a y, cd O 50 c) .i .=7 be '� O E-4 -El ,ca) w 4-,ico O w /'') 0 ,f.b O Q O t'b cd 03 aH.w ti r-4 }a1 e...O 4 y el 0 O tn y CC3O ,..CO �� i-a 0^ O '41 e --o �0+ ;� O C tea) U ^' .� • U : -0-0 °'t,'EI • O rn. 'O .op r a ti O._s.. N • q O v F. L O Q. �. 0. O% O., rn F. u rn g Z OO cd cn O L., O O 0 0'_ �b.gi H H r7; aJ cd 0 •— .... p� H r•. E^ . F... O ❑ w• m z4' 0U 03 p4., w _U T3 0 0?:.; G y .'- : N 1 (' 0 O r,£ CD , c, V1� Ecr N y b O G 4c5"1''' -d x O m cd gIDZA � a.t 0 G CO yO -� - - - O �i O Ub Hi .O O & Oki I:4 "O � Is."Z • O 0 �w 6 a cd U aJ sy "Ci fn.". 03 t L., •-• x b ° off 0' ,-I .�' C Z. 2 O O •5 . 971386 DR 8404 (06/97) Page 1 21 COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION COLORADO LIQUOR 1375 SHERMAN STREET OR 3.2% FERMENTED MALT BEVERAGE DENVER CO 80261 RETAIL LICENSE APPLICATION DO NOT WRITE IN THIS SPACE NINEW LICENSE • TRANSFER OF OWNERSHIP ■ LICENSE RENEWAL • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN • APPLICANT MUST CHECK THE APPROPRIATE BOX(ES) • LOCAL LICENSE FEE $ • APPLICANT SHOULD OBTAIN A COPY OF THE COLORADO LIQUOR AND BEER CODE (Call 303-3214164) 1. Applicant is applying as a ❑ Individual ❑ _corporation ❑ Limited Liability Company artnership (includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. Name of Applicant(s) If partnership, tI 4 \CLe.A.�C c2tlJAS list partners' n mes (at least two); if corporation, name of corporation Old Lt.()nA AR if_ (DLi4oJ — 2a.Trade Name,of Establishment (DBA) :r[Ar. Date Sales ax No. 1,isiness Telephone DUI, (DAStS L€S v,pcP(Irui 3- 992/2c003) t.i2,L)—OyE'S 3. Address of Premises (specify exact location of premises 1O`7(03 1ue_ip Z-. CodLQ,tiA Inro CO�eD(u 1 1.C.)On $°SOC. 4. Mailing Add�rss (Number and Street) `-;A1-CE. AS AcaxoQ E- City or Town State ZIP Code 5. If the premises currently have a liquor or beer license, you MUST answer the following questions: Present Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date SECTION A ' APPLICATION FEES ' . LIAR ; SECTION 0 UOUOR LICENSE FEES 23610 2300 2310 ❑ Late Renewal Application Fee $500.00 Application Fee for New License 650.00 Fee -New O Application License Concurrent Review750.00 • Application Fee for Transfer of Ownership 650.00 i y9 p. 1940. ' . 1950 1950 1960 19601 197e 1960' .. 2010,, 2020 ° `030 - ` ' `''' 2040 4905„ 1975,E ~f • Retail Liquor Store License (city) $202.50 • Retail Liquor Store License (county) 287.50 O Liquor Licensed Drugstore (city) 202.50 O Liquor Licensed Drugstore (county) 287.50 M Beer & Wine License (city) 326.25 ■ Beer & Wine License (coup) 411.25 H & R License ■ city county 475.00 ■ H & R License w/opt Prem O city IN county 475.00 ■ Club License O city • county 283.75 O Tavern License ■ city O county 475.00 • Arts License • city ❑ county 283.75 O Racetrack License ■ city ❑ county 475.00 • Optional Premises License O city O county 475.00 ❑ Retail Gaming Tavern Lic • city • county 475.00 O Brew -Pub License 725.00 ■ Other SECTIONS f' .32%I BEER LICENSE FEES 2121 2121 2122 2122 2123 2123 O Retail 3.2% Beer On Premises - (city) $71.25 • Retail 3.2% Beer On Premises - (county) 92.50 ■ Retail 3.2% Beer Off Premises - (city) 71.25 O Retail 3.2% Beer Off Premises - (county) 92.50 O Retail 3.2% Beer On/Off Premises - (city) 71.25 O Retail 3.2% Beer OrVOff Premises - (county) 92.50 ,-SECTION C ,' . , `M3 ' FtELATED`FEES AND PENMTTS , 2210-100 (999) M Retail Warehouse Storage Permit $75.00 1980-100 (999) ❑ Addition of Optional Premises to existing hoteVrestaurant 'fire.LC,-Mateo% Total Fee 1970-750 (999) Ip manager's Registration (hotel & restaurant only) $75.00 No Fee ■ 3.2% Beer On/Off Premises Only Delivery Permit No Fee ■ Retail Liquor Store Delivery Permit DO NOT WRITE IN THIS SPACE - FOR DEPARTMENT OF REVENUE USE ONLY ,..;.e z ,;xi ;,. ,.r ' ' °' a aM riire. .ii.'.r, .::LIABILILY a ORMATION t„< :.g, &{1.C14 -"S,',:= :,: . •-. County o 3�[ s ,,.city 3dt �. IndustryTypep s au Lice!MaiSaA2h ro9 ""`.ieilei— idereate5 u: 1lconse Account Number J r,.e a` Liability Date c :". .. ,, •. e JI^%P B „. Sx Sy,i �... ..T G.t. Xo { e ,eg G, �€...� s .. ;'. �z� `+u .w �o + vTRs�ai. as � ..� �' as .0.S :State 750 (999)q�y „ t 6 , 2180-`100 (999) e cower s 3190.100 (y9�99�)y3� a Mana9e0 199) ,' 1J970-750 (999) i4RC`3'5.e'a8✓..Y�Y S=€'i+'JPg34 `� ,"vSn'�ly§^' y`T£'9../�// -Cashfundliarlkease a 2300-100 r � ' '(999) ( + ¢.hFl.e t...rru�.. J ', 2310-100 { .'.(999);t- a �F TOTAL ��{�� . ''.°.r'�'N'B'e°.J' ,�*e'�A5�`�'i `1"�&'&..yw^'a'i ea,.v Vie.' 3'i ifin +'�afi a aq qFl+�[' ' � � �%'.Y � S :9'71386 DR 8404 (06/97) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This check list should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION • ft. Applicant/Licensee identified. R. B. State sales tax license number listed or applied for at time of application. • C. License type or other transaction identified. • D. Return original & 2 copies to local authority. ❑ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES A. No larger than 8 1/2" X 11". • B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). • C. Separate diagram for each floor (if multiple levels). • D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION ❑ Deed in name of the Applicant ONLY (or) B. Lease in the name of the Applicant ONLY. • C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. • D. Other Agreement if not deed or tease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS i A. Individual History Record(s) (Form DR 8404I). 04. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) ❑ C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. • D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) • A. Certificate of Incorporation (and/or) ■ B. Certificate of Good Standing if incorporated more than 2 years ago. • C. Certificate of Authorization if foreign corporation. • D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) all A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) ■ A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). ■ B. Copy of operating agreement. ■ C. Certificate of Authority (if foreign company). VIII. MANAGER REGISTRATION FOR HOTEL AND RESTAURANT LICENSES WHEN INCLUDED WITH THIS APPLICATION • A. $75.00 fee. ", ❑ B. Individual History Record (DR 8404-I). {' —..-. a n.-.,. DR 8404 (06/97) Page 3 6. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stock- holdets or directors if a corporation) or manager under the age of twenty-one years? Yes No / • L7 7. Has 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) or manager ever (in Colorado or any other state);. (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? If you answered yes to 7a, b or c, explain in detail on a separate sheet. E Eiv • Fl�-,/ • Ih 8a. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within preceding two years? If 'yes; explain in detail. 8b. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If 'yes,' explain in detail. the ❑ Ely ,/ • LO 9. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of ❑ 11 -- Colorado law, or the principal campus of any college, university or 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 limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list current financial interest in said business including any loans to or from a licensee. if a any • ilr 11. a. Attach and Does the Applicant, as listed on line 2 of this application, this license will be i ed by virtue of ownership, lease 0 Ownership Br Lease 0 Other (Explain in If leased, list name of landlord and tenant, and date of have legal possession of the premises for at least 1 year from the date that �,/ or other arrangement? L2 Detail) ■ expiration, EXACTLY as they appear on the lease: Landlord act-CZ_dA- 1,1.G Tenant ct,kc".D- d, .inina Expires Ca/�%accb2 entrances, exits to be to scale) 1 a diagram and outline the area to be licensed (including dimensions) which shows the bars, brewery, wall , editions, 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 12. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies), 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 DATE OF BIRTH FEIN OR SSN INTEREST 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 grossproceeds 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 A local ordinance or resolution authorizing optional Number of separate Optional Premises areas requested. with Optional Premises premises has been adopted. Yes No ■ ■ 14. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? COPY MUST BE ATTACHED. Yes No • II 15. Club Liquor License applicants answer the following (a) Is the applicant organization operated not for pecuniary gain? (b) Is the applicant organization a regularly operated solely for the object of a patriotic (c) How long has the club been incorporated? (Three years required) and attach: solely for a national, social, fraternal, patriotic, political or athletic purpose chartered branch, lodge or chapter of a national organization which or fraternal organization or society, but not for pecuniary gain? (d) How long has applicant occupied the premises to be licensed as a club? (Three years required) and is ■ ■ ■ 0 16. Brew -Pub License Applicants answer the following: (a) Has the applicant received or applied for a Federal Brewers Notice? (Copy of notice or application must be attached) ■ • 17a. 17b. Name of Manager (If this is an for a Hotel application Record (DR 8404-I). other liquor of license and account number. Date of Birth Hotel & Restr. Lic. Yes No and Restaurant License, the manager must also submit an Individual History Does this manager act as the manager of, or have a financial interest in, any licensed establishment in the State of Colorado? If yes, provide name, type 0 ■ Yes No ■ ■ 18. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financia'i interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. Yes No . O. DR 8404 (06/97) Page 4 19. If applicant is a corporation, partnership, association or a limited liability company, it is required to list by position all officers and directors, general partners, managing members, all stockholders, partners (including limited partners) and members who have a 10% or greater financial interest in the applicant. All persons listed here or by attachment must submit and attach a DR 8404-I (Individual History Record) and provide fingerprint cards to their local licensing authority. NAME HOME ADDRESS, CITY & STATE DATE OF BIR:., POSITION % OWNED X19._ �. CPtIAct.. / S'4/6 Lie veeeklQP Pia 4)Clrc 4115/[-, &t Z 2 Additional Documents to be submitted P❑ ORPORATION ❑ Cert. by type of entity of Incorp. ❑ Cert. of Good Standing (if more h 2 yrs. old) Agreement (General or Limited) band and Wife ❑ Articles of Organization ❑ Cert. of Authority (if foreign Attach copy of agreements creating association or relationship between Cert. of Auth. (if a foreign (no written agreement) ❑ Operating Agrmt. parties corp.) • ARTNERSHIP In Partnership partnership company) the ❑ LIMITED LIABILITY COMPANY ❑ ASSOCIATION OR OTHER Registered Agent (if applicable) Address for Service I declare underpenalty of perjury"rn to the best of my knowledge. l to comply with the provisions -of s OATH the'second degree also,ac+cnowiedge that jf the Colorado,i Liquor or OF APPLICANT that this app%atiorland all attachments are hue, correct, and complete is my responsibility and the responsibility of, my agents and employees Beer Code e�ich affect my license_ - Authonz d Signature Title flw 7 Date ,r ?A :al Cr(. ona ./9Y REPORT AND A OVAL OF LOCALLICENSING AUTHORITY4CITY/COUNTY} Date application filed with local authority June 18, 1997 Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1)) C.R.S. July 21, 1997 Each person required to file DR 8404-I: a. Has been fingerprinted b. Background investigation and NCIC and CCIC check for outstanding c. The liquor licensed premises is ready for occupancy and has been If 'no', the building will be completed and ready for inspection by warrants conducted inspected by the Local Authority. Yes No ■ • 0 • Licensing ❑ • (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 ' met the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provision le 46 or 47, C.R.S. THEREFORE, THIS APPLICATION IS APPROVED. �,l /n„ Local Licensing Authority for .;> "'' County of Weld i -'ri' tlt Telephone Number (970) 356-4000 X 4225 ❑ TOWN, CITY COUNTY Signa - 1661 1 ci). L Tip- C Board of C/Funty Commissioners Date 07/21/97 Date 07/21/97 igre :.e) ' ' i; 1—$ 7i ^� �QN ` i Clerk to th a rd u lehl Cc It premises are locaefedvnth n a townbr p y o e card approvaIs u signed by the m nd clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official. 971385 �1=ne--iCA�) 971385 -/ sips 4`124-- CY 'i4'9 '4S -en sc ' ' - ?RV7' r� .4-✓)pier.�. pti#)LL-�, " '« COLORADO DEPARTMENT OF PUBLIC HEAT TH'AND ENVIRONMENT er14tY 14nsiecribn 4300 CHERRY CREEK DRIVE SOUTH DENVER, COLORADO 80222.1530 PHONE (303) 692-3620 Page ff of 1 _ LICENSE ESTABLISHMENT, tud C/Avs J /2c rw r' AnmEss /D74,3 COINER NAME % �1LNir rC- /. vD ZPN6Mle aer COUNTY SANK. CODE DATE MO YR DAY TRAVEL TIME II TIME 5 - II 4. Ceeapekrt 4- IeveaSgsdon TYPE Rawl Food ❑ Food Service Food EahblIshmMN Inspection Report Based on an inspection this day, the Items ceded below 'deadly the Wolaeas in operation or facilities which must be candid byte next routine kepween or such shorter period of Smarmy be specified in witinp by a reduleb.y authocy. Fa ure a comply wet°M' time HMMIS for w,..&,.. Wedded in this notice may lent in ceesedon a tour Food EsttMYenent operations. Ni opportunity for appeal oldie inspection findings and time limitation wB be prodded 1a written request for in administrative hearing is filed WM the department Whin Sr. (5) data following Se day of iha inspection. CRITICAL ITEMS: Tleee items relate Weedy to earn which lead in bedbone rheas. THESE ITEMS MUST RECEIVE IMMEDIATE ACTON. OTHER ITEMS: Ilea unconected. Sees Ieme can become a serious problem. THESE ,ITEMS SHALL BE CORRECTED BY THE NEXT INSPECTION OR AS OTHERWISE SPECIFED. 01 FOOD - - a. Approved Source. . c. Wholesome b. Dented, Swollen, Den aged Containers d. Ober 03 FOOD TEMPERATURE REQUIREMENTS DURING SERVING, STORAGE; TRANSPORTATION, DISPLAY, AND PREPARATION a. Coding Procedures c. Hot Holding Temp.(140'F) b. Potentialy Hazardous Foods d. Required Cooking Temp. Rapidly Reheated to 1e5 F e. Refrigeration Temp.(45'F) 04 ADEQUATE EQUIPMENT TO MAINTAIN FOOD TEMPERATURE 07 PREVENTION or CROSS -CONTAMINATION a Unwrapped d Paerdally Hazardous Fade poi Ree aced b. No Contamination of Cooked with Raw c. Damaged / Detained Foods SeprAd 11 PERSONNEL WITH INFECTIONS RESTRICTED 12 HYGIENIC PRACTICES a. Hands Washed as Needed c. Smden, Eating, Dinking ReebiNd b. Hands Properly Dred, No Cam-, Towel d. Good Hygienic Reclines .... __._ _.._.. FOODEQUIPMENTIi►R)i7fEgILS ............�: 20 SANITIZATION a. Manual b. Mechanical temperature.. exposure Chlorine Teo- 200 ppm Qeatmnary Ammonia 100-200 ppm Other Approval Sanitize( • ATM 27 Water Source, Safe; Hat and Cold Under Pressure SEWAGE 28 Approved Snags and Wage Water Deposal -LUMSING :is r: s: 30 No Crea.Coemectlan Between Potable & Waste Water. Bacelbw Devices Instilled TOILET AND HANDWASHNIG irhCI.LTTR4# .. ., 31 FACILITIES COMPLY WITH CODE a. Handstsh sink number( Swedeer.. b. Handwaal sink designed / installed INSECTANDRODENTJXGNTROL` .. 38 a. Evidence of Rodents b. Evidence of Mewls a Outer Openings Peoeded:. d. Other a HandwukaMk -accessible d. Toilet roes and ordure OTHER OPERATONS .. 41 TOXIC ITEMS a. ProPsrly Stored b. Properly Labeled C. Properly Used CDH (Rev. 12-S4) C 02 Original Contend Properly labeled 01 Thermometers Provided and Conspicuous; Potato; Probe - type 01 Potentially Hazardous Food Properly Thawed 08 Fad Protection Doing Serving, Sops. Transportation, Display, and Propitiation. 0/ Handling of Food Minimized, Proper Utensils Provided and Used 10 Food Dispersing Utensils Property Slowed When In Use 13 , Clean Clothes, Hair Restraints FOOD EQUIPMENTAND UTENSILS 14 Food (Ice) Contact Surfaces; Designed, CanebucW, Maintained, Installed, Located 18 Non -Food Contact Surfaces: Designed. Canebuced, Maintained, Isetied. Located ri DlehwsNng Fedlilias; Designed, Conet Maintain batalled, OpWded 7 Accrea Drnonwbn, Chemical Teat IOW Prided, Gauge Cock (1/4" PS Vag) 18 Utensils, Equipment Pre -Rushed, Scraped, end Soaked 11 Wash, Rinse Water, Clean, Proper Temperature 21 Wiping Cloths; Clerk, Shed, Proper Use 22 Food Canted Surfaces of Equipment and Utensils Clean, Free of Abrasives, Detergents 28 Non -Food Ceded Stidaces of Equipment and Utensils Clean 24 Storage and Handling of Clean Equipment and Utensils 26 Single SrMMOD Articles Storage, Dhpwing. Used 28 No Re -Use of Single Service Articles PLUMBING 29 Properly Installed, Maintained TOILET AND HANDWASHING.FACIL!IES . 32 a b. Toilet Roan / Foams I Handaesh Sink Clean S-ej / Drying Devices GARBAGE JNID.REFUSE ... Proper Waste Receptacles Toilet Rom Enclosed, Doors Closed 33 Containers or Receptacles: Clean, Ade urs Number, Insect/ Rodent Proof, Frequency. Covered 34 Outside Garbage Amp: Clean: Encases Properly Co tad FLOORS, WALLS AND CEILINGS .. 38 Floors; Constructed, Dined, Clean, Good Repair, Covering, Installation, Cased 37 Wale. Ceiling. Attached Equipment t Constructed. Good Repair, Clean Surfaces OTHER 38 Lighting Prodded as Required; Fixtures Shielded, Ehdoape 31 Rooms and Equipment Vented as Requited 40 Rooms, Lockers, Prodded. Located, Used 42 Premises Mainained; Free of Leer, Unnecessary Articles, Cleaning / Makdenance, Equipment Properly Stored, Authorized Personnel 43 Complete Seper eon Ron, Lang / Seeping Ouests. Laundry , 44 Clean andbr Soiled Linen Properly Stored \U ( F 971386 item*.Must collect " AVENUE taxes for: �'PC SNCCICA..:r WC CG CSN' STATE COLORADO SALES TAX LICENSE uSE ACCOUNT NUMBER LIABIL TY INFORMATION ISSUE DATE wuty'I- m,. m we ry aw for all references LICENSE VALID TO DECEMBER 31 23-99470-0000 '03206 5900 P 040197 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: 10763 TURNER BLVD DAC0NO CO QUAYLE MIKEL QUAYLE LINDA THE LITTLE OASIS RESTAURANT 10763 TURNER BLVD LONGMONT CO 80504 A DETACH HERE IMPORTANT NOTICE from the Colorado Department of Revenue APR 30 97 1997 THIS LICENSE IS NOT TRANSFERABLE Executive Dire or Department of Revenue Please VERIFY that all information on your new sales tax license is correct. If your mailing address is incorrect or if you discontinue making sales from this location, notify the Department of Revenue by calling (303) 232-2416 or by writing to: Registration Control Colorado Department of Revenue 1375 Sherman Street, Room 86 Denver CO 80261 Preprinted reporting forms with your Colorado Account Number and other information will be mailed within six weeks to the address shown on your license. You may experience costly delays if materials are returned by the Postal Service to the Department of Revenue because they could not be delivered. Tax reporting and payment of fees and taxes due are your responsibility, whether or not you receive your returns before the filing deadline. In order to avoid late penalties and interest, when you mail your return with your remittance, the envelope must be POSTMARKED on or before the due date. You must file a return even if no taxes are due. This license is to be used only for purchasing .ams tax free for resale. If no tax is remitted on this account for twelve consecutive months, the account will be closea, except for wholesale accounts. If you have any other questions, please contact the Taxpayer Service Division, (3031232-2416. NEW BUSINESS ASSISTANCE SERVICE CENTER 1 625 Broadway. Suite 805 Denver CO 80202 COLORADO SPRINGS REGIONAL SERVICE CENTER 3650 Austin Bluffs Park way, Suite 188 Colorado Springs CO 80918 PORT COLLINS REGIONAL SERVICE CENTER 300 E. Foothills Parkway Fort Collins CO 80525 GRAND JUNCTION SERVICE CENTER 222 S. Sixth Street, Room 208 Grand Junction CO 81501 PUEBLO SERVICE CENTER 310 E. Abriendo Avenue, Suite A4 Pueblo CO 81004 971386 LEASE AG ENT THIS LEASE AGREEMENT, made this Y" day of.Mey; 1997, by and between RRRS, LLP, a Colorado Limited Liability Company, as Landlord, pft llth D. Quayle and Linda M. Quayle, as Tenant. WITNESSETH, THAT, in consideration of the covenants herein, it is agreed: 1. LEASE OF PREMISES. The Landlord hereby leases to the Tenant, and the Tenant hereby leases from the Landlord, the following described property ("the "Property"): Unit 1 10763 Turner Blvd. Longmont, CO '895BI `dcps c„f Together with all appurtenances thereto, and all fixtures attached thereto, in present condition; and together with nonexclusive reasonable access across any other land owned by Landlord as may be required for use of the leased premises by Tenant, with such access to be on such roadways, sidewalks, and other common areas of which the leased premises are a part, or of any such adjacent lands owned by Landlord, as Landlord may from time to time designate. 2. CONDITION OF PROPERTY. Tenant has examined, and accepts the property, building, improvements, and any fixtures, in present condition. No representation, statement, or warranty, express or implied, has been made by or on behalf of Landlord as to such condition, or as to the use that may be made of such property. In no event shall the Landlord be liable for any defect in such property or for any limitation on its use. Except as otherwise provided in this lease, Tenant shall return the property to Landlord upon expiration or termination of this lease, in present condition, ordinary wear and tear excepted. 3. TERM. The term of this lease shall be 1 year, commencing at noon May I, 1997, and ending at noon on April 30, 1998. 3.1 Option Term. Tenant shall have the option to extend the term of this lease by giving notice to the Landlord no later than 90 days prior to the end of the previous term, for up to four successive one-year periods as follows: Option Term May 1, 1998 - April 30, 1999 May 1, 1999 - April 30, 2000 May 1, 2000 - April 30, 2001 May 1, 2001 - April 30, 2002 Base Rent $ 12,600.00 $ 13,230.00 $ 13,891.50 $ 14,586.00 Monthly Installments $ 1,050.00 $ 1,102.50 5 1,157.63 S 1,215.50 3.2 Holdover. Should the Tenant hold over and remain in possession of the leased property after the expiration of this lease without the Landlord's consent, it shall not be deemed or construed to be a renewal or an extension of this lease but shall only operate to create a month to month tenancy which may be terminated by the Landlord at the end of any month upon thirty days prior written notice to Tenant. 971386 4. DELIVERY OF POSSESSION. The Tenant shall be entitled to possession of the leased premises at noon on May 1, 1997. 5. RENTAL. Tenant shall pay to the Landlord, at such place as the Landlord may designate in writing the following rent: 5.1 Base Rental. Base rental of $ 12,000.00 for the initial term of this lease, payable in installments of $1,000.00 per month, due in advance on the first day of each month. If the lease term includes only a part of any month, rental for such part of a month shall be prorated accordingly. 6. Late Charge. Tenant will pay a late charge equal to fifteen percent of any monthly rental payment not paid when due. Any sums not paid when due under this Lease Agreement shall bear interest at 15% per annum until paid. 7. USE. The Tenant may use and occupy the leased property for the operation of a restaurant. Tenants shall not use or occupy nor permit the leased property, or any part thereof, to be used or occupied for any unlawful business, use or purpose, nor for any business, use, or purpose deemed extra -hazardous or which would void or make voidable any insurance coverage, nor for any purpose or in any manner which is in violation of any present or future governmental laws or regulations. It shall be Tenant's sole and exclusive responsibility to meet all fire and safety regulations of any governmental entity having jurisdiction over the leased premises, at Tenant's sole expense. Tenant shall not allow any odors, fumes, or vibrations on the leased premises, or any noise thereon which would cause disruption of normal activities on adjacent premises. The Tenant shall indemnify the Landlord against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable attorney's fees, arising out of any violation of or default in this covenant by Tenant. Tenant shall obtain the prior written approval of Landlord for any use which is not in accordance with the terms of this paragraph. Prior written approval will be required for, but not limited to, any live performances in or on the leased property. 8. PARKING. Tenant shall be entitled to use of parking adjacent to the Leased Premises subject to conditions and restrictions as imposed by Landlord from time to time. Tenant shall have nc%.right to any specific parking spaces nor shall tenant have the right to use a specific number of spaces. 9. POSSESSION AND QUIET ENJOYMENT. The Tenant, upon the payment of the rent herein reserved and upon the performance of all the terms of this lease, shall at all times during the lease term and during any extension or renewal term, peaceably and quietly possess and enjoy the leased property without any disturbance from the Landlord or from any other person claiming through the Landlord. 10. MAINTENANCE AND REPAIRS. The Tenant shall be responsible for maintaining and repairing the interior and exterior of the building, its heating, cooling, electrical, and plumbing equipment and fixtures, paved parking areas and landscaping, all in their present condition at the sole cost and expense of the Tenant except as otherwise provided herein. The Tenant is responsible for maintaining everything in the interior of the Tenants leased space, including any electrical, 11GEL CIDATA,CLIENT5\HIHIATRaRRS. LLP(LAND)NESTARAUNT LEASE 2 'J5%18:97131 PM :CO DUAYLE DCC 971386 heating, and plumbing fixtures, interior decorating and windows and doors. Any damage to the property's interior or exterior caused by the Tenants, or an employee or a customer of the Tenant shall be the Tenant's responsibility to repair. Such repairs, interior and exterior, ordinary as well as extraordinary, shall be made promptly, as and when necessary. All such repairs shall be in quality and class at least equal to the original work. On default of the Tenant in making such repairs or replacements, the Landlord may, but shall not be required to make such repairs and replacements for the Tenant's account, and the expense thereof shall constitute and be collectable as additional rent, together with interest thereon at the rate of eighteen percent per annum until paid, Tenant shall not allow or permit any waste of the leased premises, and shall keep the leased grounds free from accumulations of trash or debris. Tenant shall not store any items outside of any buildings on the leased premises without prior written consent from Landlord, and shall use only such storage areas as may be designated by Landlord. 11. CONDITIONS UPON SURRENDER. The Tenant shall vacate the leased property in the same condition and repair in which the property now is, ordinary wear and tear excepted, and shall remove all of the Tenant's property therefrom so that the Landlord can repossess the leased property not later than noon on the day upon which this lease or any extension thereof ends, whether upon notice or by holdover or otherwise. The Landlord shall have the same rights to enforce this covenant by ejectment and for damages or otherwise as for the breach of any other condition or covenant of this lease. Except as otherwise provided herein, the Tenant may at any time prior to or upon the termination of this lease or any renewal or extension thereof, remove from the leased property all materials, equipment, and property of every other sort or nature, installed by the Tenant thereon, provided that such property is removed without injury to the leased property. Any such property not removed shall become the property of the Landlord. 12. ALTERATIONS. The Tenant shall have the right, from time to time, to make all such nonstructural alterations and improvements to the leased property as may be reasonably necessary or appropriate, for the conduct of the Tenant's business, provided that prior to commencement of any such work, the Landlord shall in each case have approved in writing the plans and specifications for such work. All work done by Tenant shall conform to all applicable governmental regulations and requirements with all required permits to be paid for by Tenant. If any such work done by Tenant causes damage to the structural portions or roof of any building on the leased premises, then the costs of all maintenance and repairs to such damaged parts or roof of any such building shall thereafter be the responsibility of Tenant. Notwithstanding the fact that alterations may be made by the Tenant, during the lease term or any renewal or extension of such term, the Tenant shall have the duty to return the leased premises upon termination or expiration of the lease, to the Landlord in the same condition as when received by the Tenant, ordinary wear and tear excepted; provided, however, that Landlord shall have the option to require Tenant to leave all such alterations, improvements and fixtures in place, in which the same shall be and remain the property of Landlord. Further, in connection with any improvements and alterations to the leased premises, Tenant shall indemnify the Landlord from any lien arising out of any such work performed or materials furnished, and shall indemnify and hold harmless the Landlord from any liability or loss, of any type or nature, including reasonable attorney's fees, arising out of any lien or claim based on work performed or materials furnished. Landlord shall have the right to require 3G8.G•DAtA,CJENT$wmATR,RPRS LLP(LAND)VIESTARAURT LEASE OW+LE DOC 3 25,i9/97 4 zz PM • 971386 adequate lien waivers on any such work performed by Tenant. Landlord shall also have the right to post notice of nonliability for any such work, at appropriate places in the leased premises. 13. TAXES AND ASSESSMENTS. 13.1 The Tenant shall be liable for and agree to pay all of the real property taxes and assessments levied or assessed against the leased premises and improvements thereon during the term of this lease or any extension thereof. 13.2 The Tenant shall be liable for and agrees to pay all of the personal property taxes and assessments levied or assessed against personal property and fixtures placed in or upon the leased premises by the Tenant. This paragraph is intended to include all the personal property taxes and assessments of every kind and nature whatsoever, which may be levied, imposed or assessed by any level of government, including municipal and county government, or by any special district. 14. UTILITIES. The Tenant shall pay all telephone or other communication services and all charges for gas and electricity in connection with the leased property. Tenant agrees to have gas and electric meters transferred to Tenant's name on the day of occupancy or these services will be prorated and charged to Tenant. Water, sewer and trash will prorated on the basis of the Tenant's leased portion of the total property. Tenants' responsibility for utilities shall include payment of the sewer fees imposed by the St. Vrain Sanitation District. Landlord shall send Tenant a bill for all of Tenants' utility usage. Payment of such charges shall be deemed additional rent above and beyond the base rent due under this Lease Agreement. 15. INSURANCE. The Landlord shall keep the property fully insured throughout the term of this lease. The Tenant shall maintain insurance as follows: 15.1 Liability. Liability insurance against claims for personal injury or property damage under a policy of general public liability insurance, with such limits as may be reasonably requested by the Landlord from time to time, but not less than $1,000,000.00 in respect of bodily injury, and $1,000,000.00 on property damage. 15.2 Personal Property. The Tenant shall maintain insurance on all of the Tenant's personal property, tools, and equipment in or associated with the lease space in an amount satisfactory to the Tenant and in any event shall hold the Landlord harmless against any loss or damage for any reason or from any source to said property, tools, and equipment. 15.3 Other Provisions Regarding Tenant's Insurance. All insurance required of Tenant in this lease shall be effected under enforceable policies issued by insurers of recognized responsibility licensed to do business in this State. At least fifteen days prior to the expiration date of any such policy, the original renewal policy for such insurance shall be delivered by the Tenant to the Landlord. Within fifteen days after the premium on any policy shall become due and payable, the Landlord shall be furnished with satisfactory evidence of its payment. 16. RIGHT OF ENTRY. The Landlord and its representatives may enter the leased property at any reasonable time for the purpose of inspecting the leased property, performing any work aG\OATAaJUATR.RRRB. LLv �LANDpRE5TARAUMT LLASE 4 OW va DOC 05/'9'974 23 M JCQ 971386 which the Landlord elects to undertake made necessary by reason of Tenant's default under the terms of this lease, exhibiting the leased property for sale, lease, or mortgage financing, or posting notices of nonresponsibility under any mechanic's lien law. Landlord does reserve the right to go upon and deal with the leased premises or any part thereof for the purpose of implementing a common development plan for any project of which the leased premises may be a part, and to install nonexclusive roadways and other street improvements for use by vehicles, pedestrians, and for parking; to undertake such drainage programs to handle underground and surface drainage water and to make any other changes or improvements as Landlord may deem advisable in the exercise of Landlord's sole discretion; provided, however, that any such action by Landlord shall not unreasonably interfere with the rights of Tenant. 17. CASUALTY DAMAGE. If the leased property is completely destroyed or so damaged by fire or other casualty as to render it unfit for use by Tenant, and repair or restoration is not economically feasible, the Landlord or Tenant may terminate this lease on notice of at least ten days and no more than thirty days. If the lease shall so terminate, all basic and additional rent shall be apportioned to the date of termination. Except as otherwise provided in this article, if the leased property or any part thereof shall be destroyed or damaged, and if this lease shall not be terminated pursuant to rights granted in this article, such damage or destruction shall not effect the provisions of this lease, any rule, law, or regulation to the contrary notwithstanding, and the Tenant's obligations under this lease, including the payment of basic rent and other charges, shall continue without abatement of any kind. 18. CONDEMNATION. If the whole of the leased property or such portion thereof, which will make the leased property unsuitable for the purposes herein leased, is condemned for any public use or purpose by any legally constituted authority, then in either of such events this lease shall cease from the time when possession is taken by such public authority and rental shall be accounted for between the Landlord and the Tenant as of the date of the surrender of possession. Such termination shall be without prejudice to the rights of either the Landlord or the Tenant to recover compensation from the condemning authority for any loss or damage caused by such condemnation. Neither the Landlord nor the Tenant shall have any rights in or to any award made to the other by the condemning authority. 19. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign, mortgage, or encumber this lease, nor sublet or permit the leased property or any part thereof to be used by others, without the prior written consent of the Landlord in each instance. If this lease is assigned, or if the leased property or any part thereof is sublet, or occupied by anyone other than the Tenant, the Landlord may, after default by the Tenant, collect rent from the assignee, sub -tenant, or occupant and apply the net amount collected against all rent herein reserved. No such assignment, subletting, occupancy, or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, sub -tenant, or occupant as tenant, or a release of Tenant from further performance by the Tenant of the covenants in this lease. The consent by the Landlord to an assignment or subletting shall not be construed to relieve the Tenant from obtaining the consent in writing of the Landlord to any further assignment or subletting. 20. SUBORDINATION TO MORTGAGE. This lease shall be subject and subordinate at all times to the lien of any existing mortgages and trust deeds and mortgages and trust deeds which hereafter may be made a lien on the leased property. Although no instrument or act on the part of ,GB.G\DATA:CJENTSWmIATRARRS _LG!LANDHRESTARAUNT LEASE OUAVLE 00C 5 asn9I1 4 23 PM. JOG 971386 the Tenant shall be necessary to effectuate such subordination the Tenant will, nevertheless, execute and deliver such further instruments subordinating this lease to the lien of any such mortgages or trust deeds as may be desired by the mortgage or holder of such trust deeds. The Tenant hereby appoints the Landlord as his attorney in fact, irrevocably, to execute and deliver any such instrument for the Tenant. Tenant further agrees at any time and from time to time upon not less than ten days prior written request by Landlord, to execute, acknowledge, and deliver to Landlord a statement in writing certifying that this lease agreement is unmodified and is in full force and effect (or if there have been modifications, that the lease is in force and effect as modified, and stating the modifications); that there have been no defaults thereunder by Landlord or Tenant (or if there have been defaults, setting forth the nature thereof), and the date to which the rent and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this requirement may be relied upon by any prospective lender or by any prospective purchaser of all or any portion of Landlord's interest therein, or by the holder of any existing mortgage or deed of trust encumbering the leased premises. Tenants failure to deliver such statement within such time shall be conclusive upon Tenant (1) that this lease is in full force and effect, without modification except as may be represented by Landlord; (2) that there are no uncured defaults in Landlord's performance; and (3) that not more than one month's rent has been paid in advance. Further, upon request, Tenant shall supply to Landlord a corporate resolution certifying that the party signing this statement on behalf of Tenant is properly authorized to do so, if Tenant is a corporation. Tenant agrees with Mortgagee and Borrower that if there is a foreclosure of the aforedescribed Deed of Trust for the use of the Mortgagee and pursuant to such foreclosure, the Public Trustee or other appropriate officer executes and delivers a Deed to the Mortgagee or its designee to the Premises or Leased Premises, or in the event Borrower conveys the Premises or Leased Premises to the Mortgagee or its designee in lieu of foreclosure, Tenant will attom to such grantee of the Premises or Leased Premises, rather than to Borrower, to perform all of Tenant's obligations under the Lease, and Tenant shall have no right to terminate the Lease by reason of the foreclosure of the Deed of Trust or Deed given in lieu thereof. 21. INDEMNITY. The Tenant shall indemnify and hold harmless the Landlord from and against all liabilities, penalties, damages, judgments, and expenses, including reasonable attorney's fees incurred by Landlord in defending or satisfying any claim of any type or nature, including personal injury claims to property damage claims, arising out of the use, occupancy, or control of the leased property or any of its appurtenances by Tenant. The Tenant agrees that the Landlord shall not be liable for any damage or loss suffered because of the failure of any heating, plumbing or electrical fixtures. If, as outlined in this lease, the repair of the failed fixture is the Landlord's responsibility the Landlord will repair said fixture as promptly as is reasonably possible, baring acts of God or other happenings beyond the Landlord's control. 22. SECURITY. The Tenant has deposited with the Landlord the sum of $1,500.00 as security for the full and faithful performance by the Tenant of all the terms of this lease required to be performed by the Tenant. Such sum shall be returned to the Tenant within SIXTY days after the expiration of this lease, provided the Tenant has fully and faithfully carried out all of its terms. Otherwise, the Landlord may use, apply, or retain the whole or any part of such amount to the extent required for the payment of any rent or other obligation as to which the Tenant is in default 9:.'4'97.:'-'M KS LGSLO‘DATnKLIENT5.e'MIATWARRi LLP MNDARESTARALNI LEASE 6 OUAVLE OOC 971386 under the terms of this lease. In such event Tenant shall, upon written demand from Landlord, forthwith remit to Landlord a sufficient amount in cash to restore such deposit to its original amount. Landlord shall have the right to commingle such deposit with other funds of Landlord. In the event of a sale of the property by the Landlord, the Landlord shall have the right to transfer such security to the purchase to be held under the terms of this lease, and the Landlord shall thereupon be released from all liability for the return of such security to the Tenant, and the Tenant shall look solely to the new landlord for the return of such security. The Tenant shall not assign nor encumber the money deposited as security, and neither the Landlord nor its successors or assigns shall be bound by any such assignment or encumbrance. 23. HAZARDOUS MATERIALS INDEMNIFICATION. Tenant and its agents, employees, contractors and invitees shall not engage in any business wherein hazardous substances are used or any hazardous materials released or threatened to be released, including, but not limited to, the business of generating, transporting, storing, treating or disposing of hazardous substances or hazard waste except in conformance with all applicable laws and regulations concerning the use, storage and transportation of hazardous materials. Waste or Materials shall include, but shall not be limited to, substances defined as "hazardous substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et. seq.; or Colo. Rev. Stat. Sec. 25-16-101 et. seq. or 25-15-101 et. seq.; the Materials Transportation Act of 1975, 49 U.S.C. Sec. 1801 et. seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sec. 6901 et. seq. or any amendments or supplements thereto. The leased Premises shall not be used for the storing or disposal of waste or for storing or disposal of hazardous substances during the term of the lease except in conformance with all applicable laws and regulations concerning the use, storage and transportation of hazardous materials. Tenant shall comply with all applicable environmental laws, rules and regulations concerning the Tenant's business. Tenant shall provide the Landlord copies of all reports required by environmental agencies within (15) fifteen days of filing. Tenant agrees to indemnify Landlord for any contamination occurring on or after the date of Tenant's possession pursuant to this Lease Agreement and before the termination of this Lease Agreement. More specifically, Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind and all costs and expenses incurred in connection therewith (including but not limited to attorneys' fees and expenses), arising directly or indirectly, in whole or in part, out of the presence on or under the leased Premises, of any Materials (as defined herein)j or any releases or discharges of any Materials by Tenant or any employees, agents, contractors or subcontractors of Tenant or other persons occupying or present on the leased Premises, in connection with the handling, treatment, removal, storage decontamination, cleanup, transport or disposal of any Materials at any time located or present on, under or about the leased Premises. The foregoing indemnity shall further apply to any residual contamination on or under the leased Premises or affecting any natural resources and to any contamination of any of the leased Premises and/or natural resources arising in connection with the generation, use, handling, storage, transport or disposal of any such Materials and irrespective of whether any of such activities were or will be undertaken in accordance with applicable laws, regulations, codes and ordinances. All obligations GB'.G,DA'A GLIENT5'.N,NjATR.RRRS LLP M1•NDPRESTARA"NT LEASE 7 OVA00C G5 1R/07 A 23 PM JCS 971386 of Tenant hereunder shall survive and continue after the expiration of this lease or its earlier termination for any reason. For purposes of this Agreement, the terms "disposal," "release," "threatened release," "hazardous substances," and "hazardous wastes" shall mean and include any hazardous, toxic or dangerous waste, substance or material or any disposal, discharge, release or threatened release or any defined as such in any federal, state or local statute, law, ordinance, code, rule, regulations, order or decree concerning any hazardous, toxic or dangerous waste, substance or material as now or at any time hereafter in effect. 24. MEDIATION. If a dispute arises relating to this Lease Agreement and is not resolved, the parties involved in such dispute shall first proceed in good faith to submit the matter to mediation. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. In the event the entire dispute is not resolved within 30 calendar days from the date written notice requesting mediation is sent by one party to the other, the mediation, unless otherwise agreed, shall terminate. This section shall not alter any date in this Lease Agreement, unless otherwise agreed. 25. DEFAULT. The occurrence of any of the following shall constitute an event of default. (1) Delinquency in the due and punctual payment of any rent or additional rent payable under this lease when such rent shall become payable for a period of three days after written notice. (2) Delinquency by the Tenant in the performance or of compliance with any conditions contained in this lease other than those referred to in the foregoing subparagraph (1), for a period of thirty days after written notice thereof from the Landlord to the Tenant, except for any default not susceptible of being cured within such thirty day period, in which event the time permitted to the Tenant to cure such default shall be extended for as long as shall be necessary to cure such default, provided the Tenant commences promptly and proceeds diligently to cure such default, and provided further that such period of time shall not be so extended as to jeopardize the interest of the Landlord in this lease or so as to or so as to subject the Landlord or the Tenant to any civil or criminal liabilities. (3) Filing by the Tenant in any court pursuant to any statutes, either of the United States or any state, or a petition in bankruptcy or insolvency, or for reorganization, or for the appointment of a receiver or trustee of all or a portion of the Tenant's property, or an assignment by the Tenant for the benefit of creditors. (4) Filing against the Tenant in any court pursuant to any statute, either of the United States or of any state, of a petition in bankruptcy or insolvency or for reorganization, or for appointment of a receiver of trustee of all or a portion of the Tenant's property, if within ninety days after the commencement of any such proceeding against the Tenant such petition shall not have been dismissed. 25.1 Upon the occurrence of any event of default, the Landlord at any time thereafter may give written notice to the Tenant specifying such event of default and stating that this lease shall expire on the date specified in such notice, which shall be at least three days after the giving of such notice, and upon the date specified in such notice this lease, and all rights of the Tenant shall terminate. Upon the expiration of this lease pursuant to this article, the Tenant shall peacefully surrender the leased property to the Landlord, and the Landlord, upon or at any time after any such expiration, may without further notice reenter the leased property and repossess it by force, summary proceedings, ejectment, or otherwise, and may dispossess the Tenant and remove the Tenant and all other persons and property from the %GBL0.DATUCLiENTS91,1IATFDRRR5. LLP ILANDMESTARAUNT LEASE OUAV.E DOC 8 R5/IB/0' 4 23 PM - .CG 971386 leased property and may have, hold, and enjoy the leased property and the right to received all rental income therefrom. 25.2 At any time after any such expiration, the Landlord may relet the leased property or any part thereof, in the name of the Landlord or otherwise, for such term (which may be greater or less than the period which would otherwise have constituted the balance of the terms of this lease) and on such conditions (which may include concessions or free rent) as the Landlord, in its uncontrolled discretion, may determine, andy may collect and receive the rent therefor. The Landlord shall in no way be responsible or liable for any failure to relet the leased property or any part thereof, or for any failure to collect any rent due upon any such reletting. 25.3 No such expiration of this lease shall relieve the Tenant of its liability and obligations under this lease, and such liability and obligations shall survive any such expiration. In the event of any such expiration, whether or not the leased property or any part thereof shall have been relet, the Tenant shall pay to the Landlord the rent and additional rent required to be paid by the Tenant up to the time of such expiration, and thereafter the Tenant, until the end of which would have been the term of this lease in the absence of such expiration, shall be liable to the Landlord for, and shall pay to the Landlord, as and for liquidated and agreed current damages for the Tenant's default: (1) The equivalent of the amount of the rent and additional rent which would be payable under this lease by the Tenant is this lease were still in effect, less (2) The net proceeds of any reletting effected pursuant to the provisions of paragraph 24.2 of this article, after deducting all the Landlord's expenses in connection with such reletting, including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorney's fees, alteration costs, and expenses of preparation of such reletting. The Tenant shall pay such current damages, herein called deficiency, to the Landlord monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect. Nothing herein contained shall limit or prejudice the right of the Landlord to prove for and obtain as liquidated damages by reasons of such termination an amount equal to the maximum allowed by any statute or rule of law in effect at the time when, and governing the proceedings in which such damages are to be proved, whether or not such amount be greater, equal to, or less than the amount of the difference referred to above. 25.4 The Tenant hereby expressly waives, so far as permitted by law, the service of any notice of intention to reenter provided for in any statue, or of the institution of legal proceedings to that end. The Tenant, for and on behalf of itself and all persons claiming through or under the Tenant, also waives any right of redemption or reentry or repossession or to restore the operation of this lease in case the Tenant shall be dispossessed by a judgment or by warrant of any court or judge or in case of reentry or repossession by the Landlord. In case of any litigation under this lease, the Landlord and the Tenant, so far as permitted by law, waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties hereto against the other on any matter arising out of or in any way connected with this lease, the relationship of Landlord and Tenant, the Tenant's use or occupancy of the leased property, or any claim of injury or damage; and further agree that the party not in default shall be entitled to recover, from the party in default, all costs and GRLG\GATACLIENTS1mNiATRViRRG LLP 1LAND ”FIE ST AR AUNT LEASE OUAYLE GCC 9 C5.19/BIAflPG -CO 971395 reasonable attorney's fees incurred by the nondefaulting party in enforcing its rights under this lease agreement. 25.5 The terms "enter". "reenter", "entry" or "reentry", as used in this lease are not restricted to their technical legal meaning. 25.6 Any amounts not paid by Tenant to Landlord when due shall draw interest at the rate of eighteen percent per annum from due date until paid. Payment of such interest shall not excuse or cure any default by Tenant under this lease. 25.7 No assent, express of implied, to any breach of one or more of the covenants or terms of this lease shall be deemed or construed to be a waiver of any succeeding or other breach. 25.8 If Tenant abandons or vacates any substantial portion of the leased premises or is in default in the payment of any rentals, damage, or other payments required to be paid by this lease, Landlord may enter upon the leases premises, by force if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or successive sales, with or without notice, to the highest bidder for cash and, on behalf of Tenant, sell and convey all or a part of the personal property to the highest bidder, delivering to the highest bidder, all of Tenant's title and interest in the personal property sold. The proceeds of any such sale of personal property shall be applied by Landlord toward the cost of the sale and then toward the payment of all sums then due by Tenant to Landlord under the terms of this lease. 25.9 Notwithstanding anything to the contrary contained herein, Landlord's liability under this lease agreement shall be limited to Landlord's interest in the leased premises. 26. MISCELLANEOUS PROVISIONS. The paragraph captions contained in this lease agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms or provisions hereof. 26,1 Time is of the essence of this lease agreement and of all provisions herein. This lease agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 26.2 If any provisions or this lease agreement shall be declared invalid or unenforceable, the remainder of the lease agreement shall continue in full force and effect. 26.3 This lease agreement contains the entire agreement between the parties, and any executory agreement hereafter made shall be ineffective to change, modify, or discharge it in whole or in part, unless such executory agreement is in writing and signed by the party against whom the enforcement of the change, modification or discharge is sought. 27. NOTICES. Any notice from one party to another, required by the terms of this lease agreement, may be delivered in person to such party (delivery to one of two or more persons named as a party shall be effective notice to all), or shall be delivered by first class mail, postage prepaid, nDBDATn'.C'JERTS,m.mnTRMRR5. LLP ..AND, ES TARAUN` LEASE QUA, .E DOC 10 DSn0i0] 4 23 PA .CG 971386 !�d/ -- ADDEI 'PJM This Addendum is made this y day of May, 1997 to the Lease Agreement by and between RRRS, LLC, a Colorado Limited Liability Company, as Landlord and 1VMMkaej D. Quayle and Linda M. Quayle, as Tenants. Mt e , (°y Witnesseth, that, the above -referenced Lease Agreement shall be amended'a'fid'or supplemented as follows: 1. Parking. Tenant shall be entitled to use of the six parking spaces located immediately adjacent to and north of the restaurant building. 2. Maintenance Responsibilities. Tenant shall be allowed the use of the leased premises rent free between May 1, 1997 and May 31, 1997 in exchange for cleaning and repairing the existing equipment, furnishings, fixtures and leasehold improvements on the leased premises. The Landlord will agree to purchase the necessary ceiling pads to replace the existing pads which have been water stained. It is further understood that the Landlord will be responsible for repairing the existing leaks in the roof of the leased premises and the Tenant shall be responsible for any and all other maintenance and repairs to the leased premises as provided in the Lease Agreement. 3. Utilities. The Tenant is obligated to pay all utility charges as described in the Lease Agreement. Specifically, the Tenant is responsible for arranging service and paying all charges for electricity, phone, gas, and trash service. The Tenant is also responsible for paying all water and sewer charges, however, the water and sewer charges will be paid directly to Landlo During the initial term of this Lease Agreement Tenant shall pay Landlord a month for water service. During the Option Term Tenant shall be responsible for payment of water charges at 105% of the charges for the previous one-year term. Tenant shall be required to pay Landlord for six sewer taps. These taps are currently billed at S22 each for a total monthly obligation of $132, however, sewer services are provided by St. Vrain Sanitation District and these fees are subject to change by the District. All utility charges due landlord shall be paid on a monthly basis and be due in advance on the first day of each month. It shall be deemed additional rent subject to all late charges and interest charges contained in the Lease Agreement. 4. Equipment. The equipment shown on Exhibit A, to be attached hereto following an inventory of the equipment performed by Landlord and Tenant upon acceptance of the Lease Agreement, is the property of the Landlord and the Tenant acknowledges that this equipment was in the Leased Premises at the time of the commencement of this Lease Agreement. Upon any termination of this Lease Agreement, regardless of the circumstances, the Tenant shall return the possession of the Leased Premises and all such equipment to the Landlord in good working order and condition. LANDLORD: RRRS,LL�� onald L. Hi tt,1Glember-Manager ,GBLG WA!ACL'jENTS, NIATR'.RRR5. LIP ILANDPRESTARAUNT LEASE ADDENGUM 100C TENANT: 5 9uayle ,y, M5\seL� C Linda . uayle 05,]211 12 55 >M • CAG 971 385 and shall be deemed given one day after the date mailed, addressed to the respective parties as follows: LANDLORD: TENANT: ;< <2`_ , De'ECanti e&nee-R}aza-and4nick Wash,-LLC 10763 Turner Blvd. Longmont, CO 80501 Telephone: (303) 678-0443 N iltaet-D. Quayle and Linda M. Quayle 3445 Longview Road Erie, CO 80516 Telephone: (303) 828-9329 Work Phone: (303) 939-3990 and (303) 661-1302 28. MEMORANDUM: RECORDING. This lease agreement shall not be recorded in the office of the County Clerk and Recorder in the county in which the lease premises are located, without prior written consent of both parties. However, in order to effect public recording of notice of this lease the parties may, at the time this lease is executed, or at any time thereafter upon request of either party, execute a memorandum of lease incorporating therein by reference the terms of this lease agreement, but deleting therefrom any express statement or mention of the amount of rent herein reserved, which instrument may thereafter be recorded by either party in the office of the County Clerk and Recorder of the county in which the leases premises are located. 29. BINDING EFFECT. This agreement shall bind and extend to the heirs, representatives. successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this lease agreement on the date set forth opposite their respective signatures. LANDLORD: RRRS, LLC -7 Ronald L. Hiatt, ember -Manager GSLO DATA'CL ENT5,M.,IATR'.RRR5 LLP I LANO)9RESTARAUNT LEASE OUA, E DOC TENANT: C� D Quayle Linda M. Quayle By: C5/.B 91, 23 PM JCS 971386 BOARD OF COUNTY COMMISSIONERS PHONE (970) 356-4000, EXT.4200 FAX: (970) 352-0242 P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO July 16, 1997 Mikel Douglas and Linda Marie Quayle The Little Oasis Restaurant 10763 Turner Boulevard Longmont, CO 80504 RE: Report of Investigation for Colorado Liquor License Application - The Little Oasis Restaurant Dear Mr. & Mrs. Quayle: On July 9, 1997, I traveled to the proposed licensed premises known as The Little Oasis Restaurant, located at 10763 Turner Boulevard, Longmont, Colorado. While there I made an on -site inspection regarding the Liquor License Application filed by Mikel Douglas and Linda Marie Quayle. The application is for a Hotel/Restaurant Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on Monday, July 21, 1997. My inspection revealed the following: The applicant's proposed licensed premises is not connected to a different licensed premises. Section 12-47-106(3), CRS. 2. The applicant's diagram of the proposed licensed premises is correct. Section 12-47-135(4), CRS. 3. There are no other Hotel/Restaurant liquor licensed premises or liquor establishments which sell liquor by the drink in the neighborhood. There is one retail liquor store located in the immediate area, operated by Ronhald Fahrenholtz, dba CJ's Liquor. Three 3.2% beer, off -premise establishments are licensed in the area: Metro Oil Company/Total Petroleum, Inc., dba Total #2748; Texaco of Colorado, Inc., dba Texaco #095; and Cono Services, Inc., dba Conoco #06394. There are no other 3.2% beer or liquor licensed premises within the neighborhood. 971386 4. There are no public or parochial schools, or principal campus of any college, university, or seminary within 500 feet of the proposed licensed premises. Section 12-47-138(1)(d)(I), CRS. 5. The sign noticing the place, date, and time of the hearing for the liquor license application was posted by the applicant in such a manner that the notice was conspicuous and plainly visible to the public when I was there. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Dale K. Hall, 9'71388 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 bther 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 Bus ess t-rt�E ��AS1s �fsTAL7a✓�NrI Date t/cat i 97 Social Security Number(s) --1 f 2. Your Full Name (last, first, middle) (1 uAik1L, LIAJOA kAR.la_ 3. Also Known !-TALL As (maiden name/nickname, etc.) 4. Mailin Addres different from residence) Home Telephone 6303) 8n $- 93019 5. Residence Addpress . 414(a (street and number, city, state, ZIP) LIONGVie �. at, , £a c Co, `30SJ b 6. Date of Birth/ / ` � `Pllace of Birch P; t N (O STc.) Ad N 7. U.S. Citizen? Nislack/ eI Yes No If Nat alize 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 11„" Weight )YA Hair Color BRUWw Eye Color NAZEL'V Sex Race (,,J 9. Do You Have a current Drivers License? If yes, give number, & state tgYes No 10. Name o Present Employer [kit oDATp 1111. Type of Business or Employment t4•A642.,AJF c7C20E.2 eel'. 12. Address of Business Where Employed (street number, city, state, ZIP) Business Telephone lS99 jliElSoau Qo k0AI6U_i/U-7 Co. Sas()1 303) 661- /3oa , / 13. Present Position GA9oUrtut- Ac ttnl IST(2Al tuE€ ASsis fANri 14. Marital Status kA.cclz.ct� 15. Name of Spouse (include maiden name if applicable) `t&, 174. l C3,ouG IA_s c-)u4„v L 16. Spouse's Date of Birth Spouse's Place of Birth c?I)o'Sit 11iSSiSS,PPi 17. Sp use's residence address, if different than yours (street and number, city, state, ZIP) 18. Spouse's Present Employer 76 k Occupation PRoGnAk M € (Z 19. Address of Spouse's Present Employer %a627 phAG°NAL 44wy. c- 0%alei(a, Ce. 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 Yt+.tL o QvA%), t. us(3An) D s Q�,7to- 2 T•&•-( C:50,...1oEC2 0cs, 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 X No 971386 CONTINUED ON REVERSE SIDE DR 8404-I (2/94) rage 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 X 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) 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 "VD u(iNAf--tr iJC.. CJ) 97)3 7`86/41/9b 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 fsk�� CZ��.cw►cslt �ia��E PNom 86, ? o q 9/ 9/9 9V9y Err* tn0n ,t. "q( 0EaE O4 0113(I 'IL) AS O m Si EA On. FailytAi Tr, .a I, et plc J270c A owr/U. yj9a 27. What is your relationship to the applicant? (sole owner, partner, corporate officer, director, stockholder, member or manager) ppccTti ER 28. If stockholder, number of shares owned beneficially or of record Percent of outstanding stock owned 29. If partner, state whether [General ❑ Limited Percent of Partnership Owned 1-c) 94, 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. 47-1071) Amount $)_64 6a'v 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 - jST� DRS C iil°C V/NCo ctkki1. 0. 4- 1. i fu &di ui£ $ $ 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 m—� Title 6L>Jt'n ---J1/4......-y/J97 Date „, mid Alems.-..,.. Diana K. Williams 3568 Delta Court Loveland, Colorado 80538-4900 April 28, 1997 To Whom It May Concern: I have known Linda Quayle since October, 1996 and have been in her company both socially and for business. She has always presented herself in a most formidable manner. I find Linda to be very pleasant and highly intelligent. She has always presented herself well, and I have complete trust in her judgment and ability to make intelligent decisions. Should you wish any further comment, please do not hesitate to contact me at (970) 635- 9393. Sincerely Yours, Diana K. Williams Sales Associate Moore & Company Progressive, Realtor Loveland, Colorado 971386 Erie Chamber of Commerce P.O. Box 97, 470 Briggs St. Erie, CO 80516-0097 April 29, 1997 To Whom It May Concern, This is a letter of reference for Linda Quayle's moral character. I have known Linda for some time and believe her to be a conscientious and industrious person. She is actively involved in the Chamber of Commerce, and has volunteered to be the editor of the Chamber Quarterly Newsletter, She is also involved in other activities in the community and is well received by the citizens of Erie. Regards, Ittln,L e. ill/ Burton K. Moquist, Presi4ai Erie Chamber of Commerce c9 CC4-r 971386 5UPEA 8 MOTEL SUPER 8 MOTEL - LONGMONT 1-25 & Highway C 119, Exit 240 • 10805 Turner Blvd. • LongmonVDel Camino, CO 80504 303-772-0888 • Fax: 303.772.3717 April 30, 1997 TO WHOM IT MAY CONCERN: I have known Linda Quayle since October, 1996 when she and her family were staying at the Motel after they had relocated from North Carolina with IBM. Linda started working for the Motel in November, 1996, as a Desk Clerk. She is very reliable and Trustworthy and her Integrity and Morals are of the highest standards. Please feel free to call if you need any other information. cerel y, (GZf)( J//.. Jfdqul,'/i'ne M. Hiatt eneral Manager This facility is operated under franchise agreement with Super 8 Motels, Inc. 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 Date Social Security Number(s) 2. Your Full Name (last, first, middle) �., ,,'ic\y) kb'• Nt' L \Th.r-,\1/4,1LC..5 3. Also Known As (maiden name/nickname, etc.) 11/4A\k 4. Mailing Address (it different from residence) ome Telephone (303)SA5- 93a9 5. Residence Address (street and number, city, state, ZIP) '-1 qc i__o vmgV \ ev' .e\ 1` F‘ZF C(', ' (1)5I C^. ) 6. Date of Birth � Place of Birth otl.. x\ , Mv5515S 0 \ 7. U.S. Citizen? NYes No If Naturalized, state where When Name of U.S. District Court Naturalization Certificate Number Date of Certificate If an Alien, Give Alien's Registration Card Number Permanent Residence Card Number 8. Height rr . Weight ICI Hair Color , r Eye Color G R. Sex M Race ' N in Cc 9. Do You Have a current Drivers License? If yes, give number, & stale N Yes ❑ No 10. Name of Present Employer V.. Ca M 11. Type of Business or Employment 12. Address of Business Where Employed (street number, city, state, ZIP) 30O Pv-i.'';or,i\,I.. 1 yrihVA(1 , CIohLA v ) Co B siness Telephone C3o3)9331--31Ac- 13. Present Position :( � \l, V'Y O C) Y C' 'Y\ YC Y` 14. Marital Status M�xvys�, 15. Name of Spouse (include maiden name if applicable) L_vhdq ua�IL,_A 16. Spouse's Date of Birth '/ Spouse's Place of Birth ri.yY,'ISkC.;V\ .`. 17. Spouse's residence address, if different than yours (street and number, city, state, ZIP) 18. SpousesPresent Employer p to 15_.0 t,)Kth Occupation �.�`Y� kr;yotYiAs y.;\ tVV CA�.,(_=JI\l'R 19. Address of Spouse's Present Employer \49Li N"LSOY, N 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 1 -`„AN ��`ro,�jL�a r \rJv"�� Co - - c-�„Ih�� N�DR�0. ! o r- m o r,\ � 21. Do you now, or have you Licensee? If yes, answer .Ygs RI ' r f~c.c z\ 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 qr litleS II CONTINUED ON REVERSE SIDE June 20, 1997 To Whom It May Cocern: I, Mark Sherman, being a resident of Erie Co. for the past six years have known Mikel Quayle for approx 1 year. In the period of time that I have known him he has shown me that he possesses a very strong opinion on the commitment that one should have to themself, family, friends Er community in which they have chosen to reside. Although a lot of us consider ourselves to be a great asset to the community in which we live and/or work, I have to say that ,if we acted on, more than, talked or contemplated about the necessary steps that need to be taken to correct or solve a problem we would be living in a much better world. Through his uncanny ability to stay in an unbiassed platform Mikel has proven himself to be a valuable asset to the community in which he and his family has chosen to settle in and become a very important part of. In closing I would like to express how much of a pleasure it is to know Mikel as a neighbor and as a friend. Old Town Ceramic LLC 526 Briggs St. Erie, Co. 80516 9713% May 1, 1997 To Whom It May Concern, Tlis is a k. ter of reference for Mikel Quayle. Mike had lived next door to us at 3446 Longview Rd., Elie, Co. for about 6 months and for that period of time, I can attest to his good character. He A a hard working individual and is a good neighbor. I feel that he could handle any situation that would occur in a level-headed and mature manner. Regards, Brent Johnson kt4-1 217"/ 971386 Walt Fleming Regional Manager PERLEUsiv 13370 Halleluiah Trail Elbert, CO 80106 (719) 495-1948 Pager (800) SKYPAGE Pin #8342579 To: Whom It May Concern From: Walter Fleming Date: June 15, 1997 Subject: Letter of Reference This is a letter of reference for Mikel Quayle. I am pleased to be asked to write this letter, for I have known Mike for many Years. He is a role model for the community in many ways. I have found him to be a hard working individual and of good moral character. I have had the pleasure of interacting with mike and his family on many of occasion and have found him to be a good father and husband. Mike is conscientious, responsible, and trustworthy. I would recommend Mike for handling any situation or circumstance with profound accuracy, performance, and judgment. Regards, Walter Fleming Regional Manager Pearle Vision Inc. 971386 DR 8441 (10/93) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 PARTNERSHIP APPLICANT INFORMATION This and all supporting documents must FIRST BE FILED WITH, AND APPROVED BY, THE LOCAL LICENSING AUTHORITY (CITY, TOWN, COUNTY). Applications will not be accepted unless all applicable questions are answered. All supporting documents must correspond with the exact name of the applicant. Copy the names of the two (02) partners EXACTLY AS THEY ARE LISTED IN ITEM, NUMBER la ON THE LICENSE APPLICATION FORM NUMBER DR 8404i tL QoU(o(A& Qu _�E. LtNDA ,kAeiE. (iiuiS__A.1IL. NOTE: All General Partners, regardless of ownership interest, and all Limited Partners with a 10 percent or greater ownership interest must complete an Individual History Record, DR 8404-I. Attach the following documents to this applicant information: HI Partnership Agreement (except for husband -wife partnerships) H Certificate of Co -partnership (if applicable) 1. If a limited liability company is a general partner, or a limited partner with 10 percent or more ownership interest, attach a completed DR 8405, Limited Liability Company Information, and the following: El Articles of Organization I 1 Operating Agreement H Name of Responsible party Pi List of all members and managers NOTE: All General Partners, regardless of ownership interest in the partnership; and all Limited Partners that have a 10% ownership interest in the Applicant, must fill out a DR 8404-I (Individual History Record). 2. If a corporation is a general partner, or a limited partner with 10 percent or more ownership interest, attach a completed DR 8177, Corporate Applicant Information, and the following: Certificate of Incorporation H _J Articles of Incorporation nn L i Minutes of corporate meetings reflecting election of current officers, directors and stockholders. 3. If a partnership is a general partner, or a limited partner with 10 percent or more ownership interest, attach the following: H Partnership Agreement H Certificate of Co -partnership (if applicable) _. i Diagram, or flow chart explaining ownership, if multiple owners NOTE: All General Partners, regardless of ownership interest in the partnership; and all Limited Partners that have a 10% ownership interest in the Applicant, must fill out a DR 8404-I (Individual History Record). Oath of Applicant I declare under penalty of perjury in the second degree that this application and al/ attachments are true, correct, and complete to the best of my knowledge. Authorized Signlature(s)) n\ J-\ C --AA÷. Title(s) LJLOak(N Da 7 / c %J T / W DR 8367 (12/87) Colorado Department of Revenue Liquor Enforcement Division 1375 Sherman St. Denver. CO 80261 303-866-3741 Answer all questions. Press firmly or type. MANAGER'S REGISTRATION FORM • Form must be completed by all Hotel and Restaurant licensees employing a separate and distinct manager. • Form must be submitted to and approved by Local Licensing Authority. • A state and local fee of $75 is required for Hotel and Restaurant applicants. • Managers must complete and submit form DRL 404-I (Individual History Record.) • Attach a copy of any written management contracts or agreements. 1. NAME OF CURRENT LI ENSE . I KANOA t C UAt (E/ 4. TRADE NAME F ESTABLISHMENT BA). --� —744. �,. rk 1.4. jAsic 'I4oa4A) I CI /Ylt TOWN STATE y O9C.� v tFCZ (� D li-OtvGko,tf `.%rte S NAIS OF MANAGER: km) DA 1-i, 6. ADDRESS OF LICENSED ESTABLISHMENT: CLASS CAF LICENSEr:f I 8. DATEE LO MENT BEGAN: , J97 11. DID MANG EVER MANAGE LIQUOR ESTABLISHME ANY OTHER STATE? LJ NO ❑ YES IF YES, GIVE DETAILS FEE: $75 3. ACCOUNT NO. OF LICENSEE: BUSINESS TELEPHONE: .303) 97a fl O4/ ZIP 9. EXPIRATION RATE: T IN 10. COrfX,NSATION OF MAMA R: 12. DOES MANAGER HAVE A FINANCIAL INTEREST IN ANY OTHER LIQUOR ESTABLISHMENT? l� No ❑ YES IF YES, GIVE NAME AND LOCATION OF ESTABLISHMENT: 13. DOES MANAGER MANAGE ANOTHER 'HOTEL AND RESTAURANT' LICENSED LIQUOR ESTABLISHMENT IN COLORADO? IF YES, GIVE NAME AND LOCATION OF ESTABLISHMENT: R1:1O ❑ YES OATH OF APPLICANT I declare under penalty of perjury in the second degree that I have read the foregoing registration and all attachments thereto, and that all information therein is true, correct, and complete to the best of my knowledge. U OiaI?,SEE: ('-. l JC7 ( � , ll -) OF AIt�.__1�A/kG)ER: p,{i y8 a- cX- 1 - a REPOcril AND :APPPL OF LOCAL LICENSING AUTHORITY fined and the character of the r gistrant is satisfactory and complies with the provision of Title 12, Article 47, CRS, as g(lie rt T 2 REGISTRATION IS HEREBY APPROVED. LO•' L LI(g(i is UII6 ..t1 i(1 SATUQr SIGNATURE: • TITLE' DATE: /7/5) DATE: NUMBER: LOCAL LICENSING AUTHORITY (City or County): WELD COUNTY, COLORADO TITLE: CHAIR, WELD COUNTY DATE: �� f99 BOARD OF COMMISSIONERS REPORT OF STATE LICENSING AUTHORITY amined and complies with the filing requirements of Title 12, Article 47, CRS, as amended. TITLE: DATE: DR8367 (12/87) MANAGER'S REGISTRATION FORM NAME OF CURRENT LICENSEE: DO NOT WRITE BELOW THIS LINE White copy - Liquor Enforcement Yellow copy - Local Licensing Authority Pink copy - Applicant ACCOUNT NO. OF LICENSEE: PERIOD: December 31, 19 41 - 24 FEE: (09) $75.00 971386 Hello