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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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960757.tiff
FINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF EL CHUBASCO, LLC, DBA, EL CHUBASCO, FOR TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, AND AUTHORIZATION FOR CHAIR TO SIGN The application of El Chubasco, LLC, dba, El Chubasco, 3101 Highway 119, Longmont, Colorado 80504, for a Tavern Liquor License, with extended hours, came on for hearing on the 29th day of April, 1996, 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. 4. The applicant is not at the present time the lessee of the premises. Furthermore, the current lease is scheduled to expire on March 1, 1997. The applicant, by and through its attorney, Thomas Houtchens, Esq., states that it will obtain the assignment of the lease from Gabino Guerrero-Cardenas and Jose A. Villalobos, with said assignment being consented to by the lessors. The applicants further state that said lease shall be for a period of one year from the date of issuance of the Tavern Liquor License. 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 El Chubasco, LLC, dba, El Chubasco, 3101 Highway 119, Longmont, Colorado 80504, for a Tavern Liquor License, with extended hours, for the sale of liquor for consumption by the drink on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of $450.00 for the hearing fee, in addition to the other required fees, and 960757 CC. ; ,50 ; f/ 4aho<sce j iAu7E1C //oa? q ,vs LC0019 RE: TAVERN LIQUOR LICENSE - EL CHUBASCO PAGE 2 WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to approve said application for a Tavern Liquor License, with extended hours, for El Chubasco, LLC, dba, El Chubasco, with the conditions that are set forth below. 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 96-09 to said applicant to sell liquor for consumption by the drink on the premises only; 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 May 28, 1997, providing that said place where the licensee is authorized to sell liquor 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, subject to the following conditions: A. That only those patrons who are 21 years of age or older and who are carrying on their persons adequate, currently valid identification of age (those documents set forth in Colorado Liquor Code Regulation 47-128.3) shall be allowed inside the premises during regular business hours, with the exception of employees. B. That prior to the final issuance of the Tavern Liquor License, the applicant must provide to the Board of County Commissioners a valid lease, naming as the lessee "El Chubasco, LLC", with the term thereof being at lease one year from the date of issuance of the Tavern Liquor License. C. That a security guard shall be present on the premises at all times when alcoholic beverages are being sold or served. The applicant shall provide to the Weld County Sheriff's Office, prior to the first day of the operation of the tavern, copies of certificates of training for all such security guards and copies of certificates permitting all armed security guards to carry weapons. D. That adequate lighting to provide for the safety of all patrons and employees shall be installed and operated in the parking lot of the premises at all times. E. That all bartenders and wait staff, present and future, shall attend the T.I.P.S. program or similar training to learn when to stop serving alcoholic beverages to intoxicated patrons. The applicant shall provide to the Weld County Sheriffs Office, prior to the first day of operation of the tavern, copies of certificates showing the successful completion of said training by the present bartenders and wait staff. 960757 LC0019 RE: TAVERN LIQUOR LICENSE - EL CHUBASCO PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of April, A.D., 1996. BOARD OF COUNTY COMMISSIONERS deppiseseWELD U TY, CO O 54) .�tn►r� __ Barbar J. Kirkmeyer, air 1861 t t • my Clerk to the Board • „ 0 tiqs i I I t . Baxt r, Pro- em ♦ u 00 Deputy Cler, o the Board Dale K. Hall APP QED AS TO FORM: L, n "e+ "X ice+.` Constance L. Harbert Cf, t County Attorney e /W. H. bste k ok)1Z)4•2 I r 960757 LC0019 HEARING CERTIFICATION DOCKET NO. 96-23 RE: TAVERN LIQUOR LICENSE,WITH EXTENDED HOURS - EL CHUBASCO, LLC, DBA EL CHUBASCO A public hearing was conducted on April 29, 1996, at 10:00 a.m., with the following present: Commissioner Barbara J. Kirkmeyer, Chair Commissioner George E. Baxter, Pro-Tem Commissioner Dale K. Hall Commissioner Constance L. Harbert Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Sheriffs Office representative, Deputy Mark Profitt The following business was transacted: I hereby certify that pursuant to a notice published April 18, 1996, in the North Weld Herald, a public hearing was conducted to consider the application of El Chubasco, LLC, dba El Chubasco, for a Tavern Liquor License, with extended hours. Bruce Barker, County Attorney, made this a matter of record and referenced the written report which followed Commissioner Harbert's investigation of the establishment on April 22, 1996. Mark Profitt, Sheriffs Office Deputy, stated he has spoken with the applicants regarding the Conditions of Approval attached the previous license at this establishment. Tom Houtchens, Attorney representing the applicants, submitted a petition supporting the approval of the license as Exhibit A for the record. He explained the limited liability company (LLC) consists of Jose Villalobos and Gabino Guerrero-Cardenas and submitted the State Certificate for the Colorado Limited Liability Company as Exhibit B for the record. He stated they are the members of the company and the managers of the establishment, which will be open Thursday through Sunday. Mr. Houtchens stated security, entertainment, and light food and snacks will be provided, with a Mexican/Spanish cultural setting. He stressed the need in the neighborhood for this type of establishment and noted the area is largely rural. Responding to questions from Mr. Barker, Mr. Houtchens stated the-lease needs to be extended from March 1997, to June 1997, and it also needs to be signed to the LLC. He noted the Chavezes, owners of the building, have provided a letter of agreement regarding the extension, which he submitted as Exhibit C for the record. Mr. Barker clarified the State requires all paperwork be complete; therefore, approval should be conditional upon the lease being extended and signed to the LLC. Responding to questions from the Board, Mr. Houtchens stated the sale of the building is subject to the lease, which the Chavezes agreed to sign. Mr. Barker confirmed the license will be issued 960757 LC0019 RE: HEARING CERTIFICATION - EL CHUBASCO PAGE 2 to the applicants, not to the building. Mr. Houtchens stated the Chavezes are not involved with the establishment or its operation, other than thelease with the applicants. Through the interpretation of Esy Ray, Mr. Guerrero-Cardenas and Mr. Villalobos responded to numerous questions from Mr. Houtchens and the Board regarding their background history, experience, interest in the business, the need for this type of establishment in the neighborhood, proposed entertainment and hours of operation, security to be provided by Loya Security Agency, T.I.P.S. and/or similar training, valid identification, and other problems which occurred when the establishment was open as El Rojo Lounge. Mr. Houtchens then called and questioned Guido Bustillous as a character witness for Mr. Villalobos. Mr. Bustillous confirmed Mr. Villalobos is familiar with the operation and problems of El Rojo Lounge and reiterated the need for this type of establishment. He stated the applicants will be better able to deal with people. Alberto Loya, Loya Security Agency/Roadrunners Security, also responded to questions from Mr. Houtchens regarding his training and experience providing security for Hispanic events and his meeting with Deputy Profitt and the applicants on April 23, 1996. He discussed the patrons' attitudes and stated respect will be maintained and also responded to questions from the Board. Deputy Profitt stated he has been discussing this matter with Mr. Barker and confirmed neither applicant has a criminal history according to CBI. He noted Mr. Villalobos was a victim at El Rojo Lounge when he worked there as a security guard. He, too, discussed the April 23, 1996, meeting, and agreed the professional security will help prevent some problems. Deputy Profitt noted the following concerns and requests: certificates indicating T.I.P.S. training has been completed and records of security training be provided to the Sheriffs Office; mandatory I.D. be required on each person within the bar; security be required inside and outside the establishment; lighting in the parking lot be rechecked; State liquor requirements for food be followed; no one under 21 years of age be allowed inside, except band members; and that the Sheriffs Office be called if underage persons are trespassing after being refused entry. He then responded to questions from the Board regarding past problems at the establishment and reiterated the professional security will solve some of those problems. Mr. Houtchens reiterated the petitions prepared and circulated include over 150 signatures expressing confidence in the applicants and the need for the establishment. Responding to questions and statements from the Board regarding Conditions of Approval, Mr. Houtchens clarified this is a new application with new applicants; therefore, he.is concerned with the Board placing Conditions of Approval on a new license. He confirmed all State laws and'liquor codes will be complied with and noted an I.D. is not required in this Country. Chair Kirkmeyer noted Deputy Profitt's requests and that the clientele will not be a lot different than that of El Rojo Lounge. She also clarified the Board has put Conditions of Approval on other-licenses, too. Mr. Barker referenced the Colorado Liquor Code Regulations, and Mr. Houtchens reiterated this is a new application and should not be prohibited. Commissioner Harbert stressed adequate lighting in the parking lot-is necessary, and Mr. Houtchens stated the applicants agree. Mr. Barker reiterated the necessity for the applicants to attend the T.I.P.S. program or similar training due to their lack of experience in the'liquor business, and Chair Kirkmeyer stated such training is also necessary for future employees. Mr. Houtchens agreed and stated there is a seminar at the City of Greeley on May 18, 1996, as well as three other programs which all employees will attend. No further public testimony was offered concerning this matter. 960757 LC0019 RE: HEARING CERTIFICATION - EL CHUBASCO PAGE 3 Commissioner Webster moved to approve the Tavern Liquor License, with extended hours, for El Chubasco, LLC, dba El Chubasco, with the following Conditions of Approval: A. That only those patrons who are 21 years of age or older and who are carrying on their persons adequate, currently valid identification of age (those documents set forthin Colorado Liquor Code Regulation 47-128.3) shall be allowed inside the premises during regular business hours, with the exception of employees; B. That prior to the final issuance of the Tavern Liquor License, the applicant must provide to the Board of County Commissioners a valid lease, naming as the lessee "El Chubasco, LLC", with the term thereof being at lease one year from the date of issuance of the Tavern Liquor License; C. That a security guard shall be present on the premises at all times when alcoholic beverages are being sold or served. The applicant shall provide to the Weld County Sheriffs Office, prior to the first day of the operation of the tavern, copies of certificates of training for all such security guards and copies of certificates permitting all armed security guards to carry weapons; D. That adequate lighting to provide for the safety of all patrons and employees shall be installed and operated in the parking lot of the premises at all times; E. That all bartenders and wait staff, present and future, shall attend the T.I.P.S. program or similar training to learn when to stop serving alcoholic beverages to intoxicated patrons. The applicant shall provide to the Weld County Sheriffs Office, prior to the first day of operation of the tavern, copies of certificates showing the successful completion of said training by the present bartenders and wait staff. The motion was seconded by Commissioner Hall, and it carried unanimously. This Certification was approved on the 1st day of May, 1996. APPROVED: Ems, .,•Uy T: / / , �GG��/7 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ffef- iaci 2/ / v i / ,i� /: it r0 my Clerk to the Board / /Barb 7 J. Kirkmeypr, Chair 4itrOUdeputy Cle lto the Board r E. Baxter, Pr -T TAPE#96-13 Dale K. Hall DOCKET#96-23 onstaanceL. Harbert ) /riejW. H. Webster �`� f) 960757 LC0019 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402(10/92) STATE OF COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman Street Denver,Colorado 80261 EL CHUBASCO LLC EL CHUBASCO 3101 HWY 119 LONGMONT CO 80504-9543 ALCOHOLIC BEVERAGE LICENSE Liability Information Account Number County City Indust. Type Liability Date LICENSE EXPIRES AT MIDNIGHT 23-69189-0000 03 206 5813 B 052996 MAY 28, 1997 Type Name and Description of License Fee 2010 TAVERN LIQUOR LICENSE — $ 50.00 MALT, VINOUS, AND SPIRITUOUS 2190 COUNTY 85 PERCENT OAP FEE $ 276.25 TOTAL FEES) $ 326.25 EXTENDED HOURS This license is issued subject to the laws of the State of Colorado and especially under the provision of Title 12. Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described.This license is only valid through the expiration date shown above. Questions concerning this license should be addressed to the Department of Revenue, Liquor Enforcement Division, 1375 Sherman Street.Denver,CO 80261. testimony whereof,I have hereunto set my hand. sw `"`, C ef ,1.47tp, or( MAY 9 9 1996 Division Director Executive Dire for N fa \J .a) Z m � $ :J 'r c Ft �1I, a co U px m Q. U W 1 I"i11.1 c2). H ,o 'C1 .d m c2). �✓ m .7 ❑ ° P . Ci O 01 . C ° O H q: o m F F ors c �. �, n. �, y O v z o `I s o m e ' U 0 z u i9:I 111 i� m Z o U cd ca 0 m nnCa � f.a O q g O O m .0 4 W a ¢co 6 z a, c, rn m O z �_ C O OL a O '° a`"i p„ CQc'l U d a, C ¢. .cp Q• Z CxJ 'a F N p u U 9g v 3 a z 7t CC C is z 9 co a w H m a F a J 8 U Ai. Fa 0' Pa .. r .`? o zz ¢ < yU -- o U F $ F j Fa F F O m 3 , J .a ` oik W A' O l. e4 ° .L1 O W m F G C E U �� O S W m W c°. = m c Z y X �6t'il '� 0 L. z 2 o s 2 7 t • "< 4 F to z r] z v o n o ��I 4 O W G •• U U� ❑ C7 W E. m a, ai O + Jf I /f P. :..R -'tea �" O J Pay a ,,,sk. ¢m Fyn _� F W `"" • {▪by \\ 0TfM� ` �'. w ,, 2 2 z V m .L: a- o m F O m Oa' O n 4. 14 O �� z 2 F • W I, �' ''a n a, Gd.0 'LS Si '4 s �/ F� 'x 4 LB ra i W 5 .. y —O H N 6J cis' I W .. o t. N Cd 2 o V] r� Ok ,l Gra Q O Q » ,2 ,. a, � c 8 G �cz O GT+ y. E .�. z O C y p >j m Cl) La i W 'e � y �- � E x ai r w � u c. Phi a> Gal r��°'1��6Pi ° a"ma w a ° 04:2 w g 2 q a U_ 1� IV x dCp ° W CrC E 1 S. H W � « ax3 at.. . , -,µ ° Q a a aE• i , _ AIt) O P: ,. > ... wa OE d ; ra GYi o 5 c. .°r+ O , fr' E' Cy a ,,, ° v t .« ri1 F � � 7 w 3 t '. ':). ... .1. .,-""-W/' '`e.�..,.--a::/It:. "' -- wear ---, :".—""'.. // RECEIVED BY (742/ � ( ,`+ ON THIS 5TH DAY OF JUNE, 1996. 21 DR 8411 (04/95) LIQUOR LICENSING PROCESSING DOCUMENT COLORADO DEPARTMENT OF REVENUE RETAIL LIQUOR & LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET 3.2% BEER LICENSE FEES DENVER CO 80261 1.Name of Applicant(s)(exactly as it appears on state application) -EL Ghu.bces co, tt 2.Trade Name of Establishment(DBA) FL ,C has o 3.Address of Premises(as i appears on the application) 3/0 I ) N9 DO NOT WRITE IN THIS SPACE State Sales Tax No vvv Business Phone • ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN 23- 49/f9 (.7o3) 7,7/ -.3 7-JD • APPLICANT MUST CHECK THE APPROPRIATE BOX ES) City / 1 County • LOCAL LICENSE FEE $ .J'6-, 75 State /-arl9men/ ZIP Code LaB ;:SECTION D .` ,.b . LIQUOR:LICENSE FEES Co ?aso 1 =2300 Application Fee for New License 450.00 .h{ * ' S . �28 Application Fee for Transfer of Ownership 450.00 '1 -r. C, .,, ` , .£t,:)SEC7`1O f„, „ "".""'"'".3"' ,._ .Tr, 4'4'=FEES= „1940 0 Retail Liquor Store License(city) 202.50 If applicant has a Beer and Wine, or Malt, Vinous 1990 ❑ Retail Liquor Store License(county) 287.50 and Spirituous Liquor License,indicate your state .1e b 2`,` ❑ Liquor Licensed Drugstore (city) 202.50 • Liquor License Account No. :1,°�'_ ❑ Liquor Licensed Drugstore (county) 287.50 2210-100(999)❑Retail Warehouse Storage Permit 50.00 MS, ❑ Beer&Wine License(city) 177.50 1990: ❑ Beer&Wine License(county) 262.50 2280-100(999)❑Request to Change,Alter or Modify Premises 75.00 ' 19A- ❑ H &R License [1]city [1] county 326.25 1980-100(999)❑Addition of Optional Premises to Existing hotel/restaurant .•'"2' ` ❑ H&R License w/opt Prem ❑ city ['county 326.25 $50.00 x Total Fee _ 1§90 0 Club License 0 city ❑ county 135.00 2320.100(999)❑Request to Change Corporation or Trade Name... 25.00 .2010', Tt Tavern License❑ city Mcounty ..326.252.:, 2230-100(999)❑Request to Change Location 100.00 2020: ❑ Arts License❑ chi ❑ county 135.00 2320-100(999)❑Duplicate License 25.00 2030, ❑ Racetrack License LLI city ❑county 326.25 2320-100(999)❑Subpoena Testimony Fees 100.00 2040 ❑ Optional Premises License❑ city ❑ county 326.25 (use license no.21-94214) 1905 0 Retail Gaming Tavern Lic❑city ❑county 326.25 .. ,2110 0 BWS Special Event Permit each 25.00 .. -"� --{ „4 4-: SECTION 8 FEE 0 Manager's Registration (hotel&restaurant only) 75. % Extended Hours ..170.0 If applicant has a 3.2% Beer Retail license, indicate your 0 Renewal-attach DR 8404(application) • state 3.2%License Account No. 0 Delivery Permit(liquor store/drugstore only) 2280-100(999)❑Request to Change,Alter or Modify Premises 75.00 - - SECTION E ` 4.2%.Ii_EEfI;1:ICENSE:FEES 2330-100(999)❑Request to Change Corporate or Trade Name 25.00 ',' 2230-100{999)❑Request to Change Location 100.00 2300 0 Application Fee for New License $450.00 2330-100{999)❑Duplicate License 25.00 2310 ❑ Application Fee for Transfer of Ownership 450.00 2121 ❑ Retail 3.2%Beer On Premises- (city) 71.25 2121 0 Retail 3.2%Beer On Premises-(county) 92.50 -,; ,;1taz": SEL'DONaCs„ FEE 2122 ❑ Retail 3.2%Beer Off Premises-(city) 71.25 If applicant has a HoteVRestaurant liquor license and is 2��)22, ❑ Retail 3.2%Beer Off Premises- (county) 92.50 21t.3 ❑ Retail 3.2%Beer On/Off Premises-(city) 71.25 registering a new manager, indicate your state Liquor 4- • License Account No. 2123 0 Retail 3.2%Beer On/Off Premises-(county) 92.50 1970-750(999)El Manager's Registration 75.00 21.70 0 3.2%Beer Special Event Permit each 10.00 ❑ 3.2%Beer On/Off Premises Only Delivery Permit DO NOT WRITE IN THIS SPACE-FOR DEPARTMENT OF REVENUE USE ONLY LIABILITY INFORMATION s ,xmaxcount.r e e . x ns s 9sg nt i m ` r „ -etsize , ;,, ,;-Type .,t •;',tY Date ucensaligHonihroy9n ' LIc•I(t,I@7,,,, : pS Number a���*+ ®was Y IFxplraVion.Dero)x xi ad n coax pis$ ILL': 't Ft r u a£ a rr r "1.-;" '. k tvxi a ..+ •.£u11f 1 o- vx. S '!}ek.i' f .w" TWIT ¢ S k Al k x £ , ".Y 4 F. • • 1 Iibk8#R “1 {ir k t :.s M �" y, tnt x t r K x t .t& d ;t Y 6 4.44 TM T 3 sf q ss > 2 4 a wz g y x�s.4 z�� ® kr."''1a� ,$ rs^ i C �� 5.:: � � fir x-."tvv3���.& � sm�.#�.b y A7' '. rt�... „ �,;� + ab x x'faana9ara ftas 14/ �// a t t f by2^ 90 00(999) 1970750(999) /i//// � �//l//% - i5 s i. #4 t Hors County t x yttt'+u .,4u 'a1 ¢ . 'Lr' s « t qt 1 00 s n r2190-`1f ! $I . 4cu si' -ra . r. 9� l 5 €rx T tat v ri ire '$ ,t' �. b441). 2,. f v am,bp¢ bYa n (4+Y x4�+.spa �> x �n : , s s w,�e 'c" b1 ° S "gk��. a-w�'s wK axLL t1'TiT h(#� £ 1 -.0 a `1.$, a St,,, ', l �v1:' s:a' 4 ' yrF %) ..'FY • .1 !, t2£a -..* d: ,.s $. . 'I.-s *''"'',' White Copy-Department of Revenue Canary Copy Liquor Enforcement Division Pink Copy-Local Authonty Goldenrod Copy-Applicant DR 8404(0?J94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1375 SHERMAN STREET DENVER CO 80261 COLORADO LIQUOR OR 3.2 % FERMENTED MALT BEVERAGE LICENSE APPLICATION 1. Applicant is a Date filed wfjb.Local q/uthority El Corporation (Attach DR 8177) ❑ Individual (Attach DR 8404-I) /S/9�" L Partnership (Attach DR 8441) Ej Limited Liability Company (Attach DR 8405) P !�,/3 3 7 7 1 a. Name of Applicant(s) If partnership, list partners'names(at least two);if corporation,name of corporation Social Security No. El Chubasco, LLC 2. Trade Name of Establishment(DBA) State Sales Tax No B sines Telephone El Chubasco, .73-G1 /t9 (3o3j 774 —J /26 3. Address of Premises(specify exact location of premises) 3101. HWY 119 City County State ZIP Code Longmont Weld CO 80504 4. Mailing Address (Number and Street) City or Town State ZIP Code 3101 HWY 119 Longmont CO 80504 5. If the premises currently have a liquor or beer license,you MUST answer the following question: Present Trade Name of That Establishment(DBA) Present State License No. Present Type of License Present Expiration Date N/A N/A N/A N/A 6. Is the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stockhold- Yes No ers or directors if a corporation)or manager under the age of twenty-one years? ❑ IN 7. Has the applicant(including any of the partners,if a partnership; members or manager if a limited liability company;or officers,stockhold- ers or directors if a corporation)or manager ever; (a) been denied an alcoholic beverage license? ❑ (b) had an alcoholic beverage license suspended or revoked? (c) had interest in another entity that had an alcoholic beverage license suspended or revoked? If you answered yes to 7a, b or c,explain in detail on a separate sheet. 8. Has a liquor license for the premises to be licensed been refused within the preceding two years?If"yes,"explain in detail. t ❑ Liquor License of previous owners, dba El Rojo, not renewed February , 1996 8a. Has a 3.2 beer license for the premises to be licensed been refused within the preceding one year?If"yes,"explain in detail. ❑ ❑ 9. Are the premises to be licensed within 500 feet of any public or parochial school,or the principal campus of any college, university or ❑ u seminary? 10. Has a liquor or beer license ever been issued to the applicant(including any of the partners,if a partnership;members or manager if a limited liability company;or officers,stockholders or directors if a corporation)? If yes,identify the name of the business and list any ❑ 71 current financial interest in said business including any loans to or from-a licensee. 11. Does the Applicant,as listed on line 1 a of this application,have legal possession of the premises for at least 1 year from the date that this license will be issued by virtue of ownership or under a lease?(If yes,attach a signed copy of deed or lease.) LJ ❑ ❑ Ownership ® Lease ❑ Other(Explain in Detail) a. If leased,list name of landlord and tenant,and date of expiration,EXACTLY as they appear on the lease: Landlord Tenant Jose A. Villalobns and Expires Isauro Chavez Rabin" Guerrero—Cardenas 3-1-97 Attach a diagram of the area to be licensed(including dimensions)which shows the bars,walls,partitions,entrances,exits and what each room shall be utilized for in this business.This diagram should be no larger than 8 1/2"X 11".(Doesn't have to be to scale) 12. Who has(including persons,firms,partnerships,corporations,limited liability companies)or will loan or give money,inventory,furniture or equipment to or for use in this business;or who will receive money from this business.Attach a separate sheet if necessary. NAME AD R SS INTEREST Cabino Guerrero—Cardenas Ft. Lupton. CO 80621 50% Jos A. Villalobos 570 N 6 Avenue Brighton, Co 8n501 50', Attach copies of all notes and security instruments,and any written agreement or details of any oral agreement,by which any person (including partnerships,corporations,limited liability companies,etc)will share in the profit or gross proceeds of this establishment,and any agreement relating to the business which is contingent or conditional in any way by volume,profit,sales,giving of advice or consultation. 13. Optional Premises or-Hotel and Restaurant Licenses with Optional Premises All Optional Premises applicants must attach a copy of the local ordinance or resolution authorizing the issuance of Optional Premises licenses. Number of separate Optional Premises areas requested. "' _DR 8404(2/94) Page 2 14. Liquor Licensed Drug Store applicants,answer the following: Yes No (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy?COPY MUST BE ATTACHED. ❑ ❑ 15. Club Liquor License applicants answer the following and attach DR 8177: (a) Is the applicant organization operated solely for a national,social,fraternal,patriotic,political or athletic purpose and not for pecuniary gain? ❑ ❑ (b) Is the applicant organization a regularly chartered branch,lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society,but not for pecuniary gain? ❑ ❑ (c) How long has the club been incorporated? (d) How long has applicant occupied the premises (Three years required) to be licensed as a club? 1 . Colorado Manufacturer,Wholesaler or Limited Winery applicants,answer the-following: (a) Will the applicant store or sell alcoholic beverages at more than one location in Colorado? If"yes,"provide the address of each location and explain the activity to be conducted at each location(e.g.,warehouse,salesroom,etc.) (Attach DR 8438 for each location) ❑ ❑ (b) If applicant is a wholesaler,does or did any owner,partner,shareholder,director,officer,member or manager have any direct - or indirect financial interest in a wholesaler,retailer,manufacturer or importer already licensed by the State of Colorado to sell malt,vinous or spirituous liquor? If yes,attach explanation in detail. ❑ ❑ (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If"yes,"attach a copy;if"no,'explain whether ❑ ❑ one has been applied for. 17. Nonresident Manufacturer(3.2%beer or malt liquor)or Importer(3.2%beer,malt,vinous or spirituous liquor)applicants,answer the following: (a) To what Colorado licensed wholesaler do you intend to ship your merchandise? (b) Does or did any owner,partner,shareholder,director,officer,member or manager have any direct or indirect financial interest in a wholesaler, retailer,manufacturer or importer already licensed by the State of Colorado to sell malt,vinous or ❑ ❑ spirituous liquor? If yes,attach explanation in detail. (c) Does the applicant have a valid Federal Basic Permit or Brewers Notice? If"yes,'attach a copy;if"no,"explain in detail. ❑ ❑ (d) Are you the primary source of supply in the U.S.? If"no,"explain. ❑ ❑ (e) Are all your products registered in Colorado? If"no,"attach DR 8440 and register said products. ❑ ❑ 18. Name of Manager (If this is an application for a Hotel and Restaurant License,the manager must also submit a Manager Registration Form Date of Birth (DR 8367)and Individual History Record(DR 8404-I). OATH OF APPLICANT I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date .;LE 93E.L.OW * \"ana&er REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY (Manufacturers,nonresident manufacturers,importers,wholesalers,limited w1necI s5and'public tfanspbrfationlIcenSees disregard the section below.)j Is this application for a: ❑ New License C Transfer of Ownership ❑ Other(specify) Each person required to file DR 8404-I: Yes No Has been fingerprinted n ❑ Background,NCIC and CCIC checked in ❑ The liquor licensed premises is ready for occupancy and has been inspected by Local Licensing Authority. Zi ❑ If"no,"the building will be completed and ready for inspection by (date) The foregoing application has been examined;and the premises,business to be conducted,and character of the applicant are satisfactory. We do report that such license,if granted,will mee t•- .::•• • • requirements of the neighborhood and the desires of the inhabitants,and will comply with the provisions of Title 12,Article ' 44,SJJ ty; ORE,THIS APPLICATION IS APPROVED. Local L,cening Authority for o '' • •• ❑ TOWN,CITY We.l Cou. r, - t�' '', COUNTY > t� dry. ��. Cour,i•, Rrrerd ut Cne�mi Fmi i7.n LL// j �.♦1 Date c' Bi9fldture �_^.-. 1 1 � �ID / y� / �, - I. it °�1 ce .( Signatar: eat) / /n r „ � , ou lily Clerk to fir. Board Date ► r r r. / ,or'•'(� .t' r 0 r�A 0 f cAJ deputy 04/29/96 I If premises are located within a town or ci - --re,. .• •.al sho d be signed by the mayor and clerk,if in a county,then by the chairman of the board of county commissioners and the clerk to the board. If,by ordin nce or otherwise,the local licensing authority is some other official,then such approval should be given by such Official. ATTESTING TO BOARD OF COUNTY COLIMiSS10NER SIGNATURES ONLY ZQt vV Y� / -04 /w y iQQ o� C II �o.S CONSENT TO LEASE HELEN CHAVEZ as joint owner of the premises located at 3101 HWY 119, in Weld County, Colorado, hereby states, agrees and consents to the lease agreement dated February 21, 1996 by and between Gabino Guerrero and Jose A. Villalobos as Lessees and Isauro Chavez, as • Lessor, and further consents and agrees to the assignment and extension of said lease between Isauro Chavez as Lessor and El Chubasco, LLC as Assignee of Jose A. Villalobos and Gabino Guerrero. DATED % — Helen Chavez [1 r(1i_. AGREEMENT 33 El r. 57 THIS AGREEMENT is made by and between ISAURO CHAVEZ, tpqfessor, and GABINO GUERRERO and JOSE A. VILLALOBOS, Lessees. WHEREAS on February 21, 1996, the parties entered into a business lease for the premises located at 3101 HWY 119, Weld County, Colorado; and WHEREAS the Lessees have formed a limited liability company, known as El Chubasco, LLC, to operate the bar that they intend to open at that location; and WHEREAS it is necessary that the lease be extended so as to meet the requirements of the Colorado Liquor Code, which provide that the apnlicants must have a lease for no less than one year from the date that their license is approved. NOW, THEREFORE, for and in consideration of the premises and promises contained herein, the parties agree as follows: 1. The Lessor hereby consents to the assignment of the lease to El Chubasco, LLC. Gabino Guerrero and Jose A. Villalobos hereby personally guaranty performance of the lease by the limited liability company. 2. The parties agree that the term of the lease shall be extended to June 1, 1997, and the parties agree that-the rent shall be adjusted so that the Lessees will pay an additional $3,800.00 for each additional month that they are in possession under the terms of the lease. IN WITNESS WHEREOF the parties hereunto set their hands and seals. EL CHUBASCO, LLC ' 7 bY L- l vv ✓ By !!t!' - < ffi Isauro Chavez, Lessor Manager cede Cz. Tf Ca.41_4. > Jose A. Villalobos Gabino Guerrero BUSINESS LEASE (Net, Net, Net) THIS LEASE is made this Z/ day of / C'bYv et-7-7 , 19 96 , between .Ylsnt'72o eAnve / (the"Lessor") a and C ; d ad,n<r o -f- Teti A. Vi/l-<tl(o h n s (the"Lessee"). In consideration of the payment of the rent and the performance of the covenants and agreements by the Lessee set forth below, the Lessor does hereby lease to the Lessee the following described property situate in the County of l , in the State of Colorado, the street address of which is Zen.)' t>, r ,goy a/sn X»nctrn as 75U.1% 6&'R c _ e- 712-;o,n/(3 ) T:t'" fi/� Via) 11$ Z4; Ra„9c- ((A1,urc't ' t 77:c C14TAi ( 0tbh7s/ Qfweld, C—tet n/ l#12Olorek legal Description TO HAVE AND TO HOLD the same with all the appurtenances unto the said Lessee from twelve o'clock noon on the /Sr day of /tla rc/j , 19 96_ , and until twelve o'clock noon on the /3r day of net>-e� 19 q7- , at and for a rental for the full term of$ 5e3-A.20, &c' , payable in monthly instal of$ $Qn m , on or before twelve o'clock noon on the l•=r day of each calendar month during the term of this lease at the office of the Lessor at 3LP//1'iv J J/9 Lc:1nr,nrz7t Clio .1dt'Sa1 ✓, Colorado, without notice. The Lessee, in consideration of the leasing of the premises agrees as follows: I. To pay the rent for the premises above-described. 2. To pay to the Lessor those items liste0_below, or the Lessee's proportional share thereof, which for the purposes of this Lease is deemed to be ld ) �') %, which amount shall be considered as additional rent;and shall be due on the presentation of the appropriate bill to the Lessee; (a) all taxes, assessments, and other governmental charges which are levied against and may create a statutory lien upon the leased premises which are levied or assessed during the term of this Lease; (b) all premiums for fire and extended coverage insurance, property damage,-and liability insurance in such amounts as the Lessor may reasonably require; and (c) all costs and expenses of repairing and maintaining the building, all of its components, and.allland surrounding the building. 3. To-keep the improvements upon the premises, including sewer connections, plumbing, wiring and glass in good repair,all at Lessee's expense,and at the expiration of this lease to surrender the premises in as good a condition as when the Lessee entered the premises, loss by fire, inevitable accident, and ordinary wear excepted. To keep all sidewalks on and around the premises free and clear of ice and snow, and to keep the entire exterior premises free from all litter, dirt, debris and obstructions; to keep the premises in a clean and sanitary condition as required by the ordinances of the city and county in which the properly is situate. 4. To sublet no part of the premises, and not to assign the lease or any interest therein without the written consent of the Lessor. 5. To use the premises only as Bet >' Tv C r'7 and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado, or of the ordinances of the city or town in which said premises arc located, and for no improper or questionable purposes whatsoever, and to neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 6. To neither hold nor attempt to hold the Lessor liable for any injury ordamage, either proximate or remote, occurring through or caused by the repairs, alterations, injury or accident to the premises, or adjacent premises, or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor to hold the Lessor liable for any injury or damage occasioned by defective electric wiring, or the breakage or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether breakage or stoppage results from freezing or otherwise; to neither permit nor suffer said premises, or the walls or floors thereof,-to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make-any-alterations in or changes in, upon, or about said premises without first obtaining the written consent of the Lessor therefore, but to permit the Lessor to place a "For Rent" card or sign upon the leased premises at any time after sixty(60)days before the end of this lease. 7. To-allow the Lessor to enter upon the premises-at any reasonable hour. 8. To pay-all charges for water and water rents, and for heating and lighting of the building in which said premises are located. No. 1050. Rev.3-87. BUSINESS LEASE(TRIPLE NET) ©1983 0 IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEEN LESSOR AND LESSEE AS FOLLOWS: 9. No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. Any payment by Lessee, or acceptance by Lessor, of a lesser amount than due shall be treated only as a payment on account. Further, failure of the Lessor to timely bill for taxes, insurance or repairs,as required herein, shall not be deemed a waiver of the'Lessee's liability to pay same. 10. If, after the expiration of this lease,the Lessee shall remain in possession of the premises and continue to pay rent without a written agreement as to such possession, then such tenancy shall be regarded as a month-to-month tenancy, at a monthly rental, payable in advance,equivalent to the last month's rent paid under this lease, and subject to all the terms and conditions of this lease. 11. If the premises are left vacant and any part of the rent reserved hereunder is not paid, then the Lessor may, without being obligated to do so, and without terminating this lease,retake possession of the said premises and rent the same for such rent, and upon such conditions as the Lessor may think best,making such change and repairslas may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and the Lessees shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease 12. The Lessor acknowledges receipt of a deposit in the amount of$ to be held by the Lessor for the faithful performance of all of the terms, conditions and covenants of this lease. The Lessor may apply the deposit to cure any default under the terms of this lease and shall account to the Lessee for the balance. The Lessee may not apply the deposit hereunder to the payment of the-rent reserved hereunder or the performance of other obligations. 13. If any part of the rent provided to be paid herein is not paid when due, or if any default is made in any of the agreements by the Lessee contained herein, it shall be lawful for the Lessor to declare the term ended, and to enter into the premises,either with or without legal process,and to remove the Lessee or any other person occupying the premises, using such force_as may be necessary, without being liable to prosecution, or in damages therefor, and to repossess the premises free and clear of any rights of the Lessee. If, at any time, this lease is terminated under this paragraph, the Lessee agrees to peacefully surrender the premises to the Lessor immediately upon termination, and if the Lessee remains in possession of the premises, the Lessee shall be deemed guiltyof forcible entry and detainer of the premises, and, waiving notice,shall be subject to forcible eviction with or without process of law. 14. In the event of any dispute arising under the terms of this lease, or in the event of non-payment of any sums arising under this lease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled,in addition to other damages or costs,to receive reasonable attorney's fees from the other party. 15. In the event any payment required hereunder is not made within ten(10)days after the payment is due,a late charge in the amount of five percent(5%)of the payment will be paid by the Lessee. 16. In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Lessor hereunder, the Lessee waiving all right to any such payments. 17. This lease is made with the express understanding and agreement that, in the event the Lessee becomes insolvent, or is declared a bankrupt, then, in either event, the Lessor may declare this lease ended, and all rights of the Lessee hereunder shall terminate and cease. THIS LEASE shall be binding on the parties, their personal representatives, successors and assigns. ADDITIONAL PROVISIONS erh, tc,„.y LESSOR LESSEE INVENTORY OF SAID PREMESES 3101 HWY. 119 LONGMONT COLO. 80504 EVERYTHING IN WORKING ORDER. 1 .GAS HEATERS-2 2.AIR CONDITIONERS-3 3 .TABLES-45 4 .CHAIRS-135 5.BAR STOOLS-12 6.WALK-IN COOLERS-2 7 .BEER COOLERS-3 8 .CAMERCIAL REFRIERATOR-1 9 .FREEZER-1 10 .MICROWAVE OVEN-1 11 .SPEAKERS-5 12 .CASH REGISTERS-3 13 .TRASH CANS-8 14 .SIGNS-2 15.BOOTHS-8 16.EXTRACTERS-2 17 .PARKING LIGHTS-14 LEESER2Z P a(( / LEESES . �, ISAURO CHAVEZ JOSE A VILLALOBOS DR 8405 (02/94) LIMITED LIABILITY COMPANY DO DEPARTMENT OF REVENUE LIQUOR INFORMATION AND LIQUOR ENFORCEMENT DIVISION` 1375 DENVR CO026rREET,RootssooCHANGES IN LIMITED LIABILITY COMPANY DENVER CO 80261 (303)866-3741 LIQUOR AND 3.2 BEER LICENSE Submit to Local Authority (Local Authority will submitto State) DO NOT USE THIS FORM TO REFLECT A CHANGE IN PARTNERSHIP. IF THERE IS A CHANGE IN PARTNERSHIP,USE THE DR 8404 AND FILE A CHANGE OF OWNERSHIP WITH YOUR LOCAL LICENSING AUTHORITY. On what date was the Limited Liability Company formed? )3/19/96 Attach the following: 1. A copy of articles of organization. I 4. Certificate of Authority (if foreign company) X 2. Acknowledgement from Secretary of State's office. I 15. Minutes of meetings reflecting acceptance of new Ix 3. Copy of operating agreement. members. ALL LICENSEES FILL OUT THIS SECTION (Press firmly or type) state Ti Account Number Limited Lability Company's Name License Number EL CHUBASCO, LLC 961038250 Trade Name Telephone Number EL CHUBASCO (303)776-3770 ADDRESS OF LICENSED PREMISES 310% HWY 119 LONGMONT coats 30504 Street Address City MAILING ADDRESS Street Address 1105 APPLEWOOD AVENUE FORT LUPTON CO 80621 Note:A LLCO must always have at least 2 members(7-80-203(2)C.R.S.) City State ZIP 1. Name of each new managing member(regardless of membership interest)-List all and complete DR 8404-I Individual History Record for each. Name Home Address,City and State Da,tgg of Birth Replaces(Name) xabino Guerrero-Cardenas 1105 Applewood Avenue n/a 2. Excluding the persons listed in question 1 above,if this LLCO is currently NOT a liquor or beerlicensee,list the names of each member having a 10% (or more)membership interest;OR if this LLCO is currently aliquor or beer licensee and there are new members,list the names of each new member having a 10%(or more)membership interest: Name Home Address,City and State Date of Birth Replaces(Name) 3. Name of Registered Agent. Name Home Address,City and State ;abino Guerrero-Card nas 1105 Appiewood Avenue, Ft. Lupton, CO 80621 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 Sig ature Title of Signer Date Agent 04/29/96 x REPORT OF LOCAL LICENSING AUTHORITY s A [c Li.., 'n Authority. The foregoing changes have been received and examen=J'--' � , �' � `9 Local Licensing Authority for Weld County, Color• • N, by: Barbara J. Kirkwyyer Chair, r d rtI •l, V' jolt, Town/City // Buacu Ui n . . Date Slgwatur � t � � all 04/29/96 SI Ae t ,( %" a hiunty Clerk to the Boarc Date (�) r ,�(� �I:�.'CU��f � (' :-O 'h'li con 1. lieputy04/L9/96 NOTE: Local authority, for all changes in Limited %'.;, .01 N• 9 S, please submit all copies to the Liquor Enforcement Division. One copy will be returned to the applic:n and one to the local authority upon acknowledgment. OFern -fneibAr- et, • COlp o • * ti Sri STATE '� ' RADO 1 8 7 • DEPARTMENT OF STATE CERTIFICATE I, VICTORIA BUCKLEY, Secretary of State of the State of Colorado hereby certify that According to the records of this office EL CHUBASCO, LLC (COLORADO LIMITED LIABILITY COMPANY) file # 961038250 was filed in this office on MARCH 19, 1996, and has complied with the applicable provisions of the laws of the State of Colorado and on this date is in good standing and authorized and competent to transact business or to conduct its affairs within this state. Dated: APRIL 04, 1996 --Cr44-423 SECRETARY OF STATE EXHIBIT For office use only ARTICLES OF ORGANIZATION run c. ,a is OF EL CHUBASCO, LLC 61038250n u $50.00 SECRETARY OF STATE 03-19-,6 01:00 The undersigned natural person of the age of eighteen years or more, acting as organizer of a limited liability company under the Colorado Limited Liability Company Act, adopt the following Articles of Organization for such limited liability company: FIRST: The name of the limited liability company is: EL CHUBASCO,LLC SECOND: Principal place of business(if known): 3101 Highway 119, Longmont, Colorado 80504 THIRD: The street address and mailing address of the initial registered office of the limited liability company is: 1105 Applewood Avenue,Fort Lupton,Colorado 80621 The name of its proposed registered agent in Colorado at that address is: GABINO GUERRERO-CARDENAS FOURTH: The management is vested in managers. FIFTH: The names and business addresses of the initial manager or managers or if the management-is vested in the members', rather than managers,the names and addresses of the member or members are: NAME ADDRESS(include zip codes) Gabino Guerrero-Cardenas 1105 Applewood Avenue. Ft. Lupton,CO 80621 Jose A.Villalobos 570 N.6 Avenue. Brighton. CO 80601 SIXTH: The name and address of each organizer is: NAME ADDRESS(include zip code) Gabino Guerrero-Cardenas 1105 Applewood Avenue. Ft. Lupton,CO 80621 Jose A.Villalobos 570 N.6 Avenue, Brighton,CO 80601 Signed 64.)— Signed„..d0-5<aztramac' Organizer Organizer OPERATING AGREEMENT EL CHUBASCO, LLC THIS AGREEMENT is made and entered into this 19th day of March, 1996 by and between EL CHUBASCO, LLC. , a Colorado limited liability Company (hereinafter referred to as the "Company") and Gabino Guerrero-Cardenas and Jose A. Villalobos, (hereinafter referred to as "Members") : WITNESSETH: IT IS AGREED, in consideration of the promises covenants, performance, and mutual consideration herein as follows: SECTION 1 FORMATION OF COMPANY 1. 1 Articles of Organization. This Company is organized pursuant to the provisions of the Limited Liability Company Laws of the state of Colorado and pursuant to Articles of Organization filed with the Secretary of State on March 19 , 1996. The rights and obligations of the Company and the Members shall be provided in the Articles of Organization and this Operating Agreement or, if not otherwise provided, by the Colorado Limited Liability Company Act (C.R.S. section 7-80-101 et seq. ) as amended from time to time. 1. 2 Conflict Between Articles of Organization and this Agreement. If there is any conflict between the provisions of the Articles of Organization and this Operating Agreement, the terms of this Operating Agreement shall control. 1. 3 Effective Date. This Operating Agreement shall be effective March 19 , 1996. 1. 4 Purpose and Permitted Activities of Limited Liability Company. Any legal and lawful purpose pursuant to the Colorado Limited Liability Company Act including but not limited to purchasing and developing real estate projects. SECTION 2 CAPITAL CONTRIBUTIONS 2 . 1 Contributions. The capital contributions to be made by. the Members and with which the Company shall begin business are as follows: 1 Member Name r.pntr;bution Gabino Guerrero-Cardenas $15, 000 Jose A. Villalobos $15, 000 2.2 Additional Capital Contributions. In the event that the cash funds of the Company are insufficient to meet its operating expenses or to finance new investments deemed appropriate to the scope and purpose of the Company as determined by the Managers, the Members shall make additional capital contributions, in the proportion of their initial capital contributions, but only with the consent and agreement of all members. The amount of the additional capital required by the Company and the period during which such additional capital shall be retained by the Company shall be determined by the Managers. 2 . 3 Loans. In lieu of voting an additional assessment of capital to meet operating expenses or to finance new investments, the Company may, as determined by the Managers, borrow money from one or any of the Managers, Members, or third persons. In the event that a loan agreement is negotiated with a Manager or Member, he or she shall be entitled to receive interest at a rate and upon such terms to be determined by the Managers, excluding the Manager making said loan, if applicable, and said loan shall be repaid to the Manager or Member, with unpaid interest, if any, as soon as the affairs of the Company will permit. The loan shall be evidenced by a promissory note obligating the assets of the Company. Such interest and repayment of the amounts sb loaned are to be entitled to priority of payments over the division and distribution of capital contributions and profit among Members. SECTION 3 . MEMBERS ' ACCOUNTS; ALLOCATION OF PROFIT AND LOSS; DISTRIBUTIONS 3 . 1 Capital Accounts. A separate capital account shall be maintained for each Member. The capital accounts of each Member shall initially reflect the amounts specified in Section 2 . 1, and, if a Member has merely promised to contribute the amount specified in Section 2 . 1, the Company shall maintain a corresponding subscription receivable on behalf of that Member. No Member shall withdraw any part of his or her capital account except upon the approval of the Managers. If the capital account of a Member becomes impaired, or if he or she withdraws said capital account with approval of the Managers, his or her share of subsequent Company profits shall be credited first to his or her capital account until that account has been restored, before such profits are credited to his or her income account. If, during the period when a Member' s capital account is impaired, or he or she has withdrawn funds therefrom as herein before provided, an additional contribution is required of the Members of the purposes specified 2 in Section 2 .2 , then the Member with such withdrawn or impaired capital account shall be required to contribute his or her proportionate share of the additional capital contribution and the deficiency then existing in his or her capital account so as to return the capital account to the same proportion existing as of the date of the additional contribution. No interest shall be paid on any capital contributions to the Company. 3 .2 Income Accounts. A separate income account shall be maintained for each member. Company profits, losses, gains, deductions and credits shall be charged or credited to the separate accounts annually unless a member has no credit balance to his or her income account, in which event losses shall be charged to his or her capital account, except as provided in Section 3 . 1. The profits, losses, gains, deductions and credits of the Company shall be distributed or charged to the Members as provided in Section 3.3 . No interest shall be paid on any credit balance in an income account. 3 . 3 Allocations Among Members. Profits, and gains of the Company shall be divided and the losses, deductions, and credits of the Company shall be borne in the following proportions: Gabino Guerrero-Cardenas 50% Jose A. Villalobos 50% 3 . 4 ,. Disproportionate Capital Accounts. No interest or additional allocation profits, losses, gains, deductions and credits shall inure to any Member by reason of his or her capital account being proportionately in excess of the capital accounts of the other Members. 3 . 5 Distribution of Assets. 3 . 5. 1 All distributions of assets of the Company, including cash, shall be made in the same allocations among Members as described in Section 3 . 3 . 3.5.2 The Managers shall determine, in their discretion, whether the distributions of assets of the Company should be made to the Members; provided, however, that no distribution of assets may be made to a Member if, after giving effect to the distribution, all liabilities of the Company, other than liabilities to Members on account of their capital and income accounts would exceed the fair value of the Company assets. 3 . 5. 3 A Member has no right to demand and receive any distribution from the Company in any form other than cash. 3 SECTION 4 MEMBERS; VOTING AND MEETINGS 4 . 1 Admission of New Members. Additional Members may be admitted upon the unanimous written consent of all Members. 4 . 2 Voting of Members. A Member shall be entitled to one vote on any matter for which Members are required to vote. A Member may vote in person or by proxy at any meeting of Members. All decisions of the Members shall be made by a majority vote of the Members at a properly called meeting of the Members at which a quorum is present, or by unanimous written consent of the Members. 4 . 3 Voting by Certain Members. 4 . 3 . 1 Membership interests owned in the name of a corporation may be voted by such officer, agent, or proxy as the bylaws of such corporation may prescribe, or, in the absence of such provision, as the Board of Directors of such corporation may determine. 4 . 3 . 2 Membership Interests owned in the name of a deceased person, a minor ward, or an incompetent person may be voted by an administrator, executor, or a court-appointed guardian or conservator, either in person or by proxy without a transfer of such Membership Interests into the name of such administrator, executor, or court-appointed guardian or conservator. Membership Interests owned in the name of a trustee may be voted by him/her, either in person or by proxy, but no trustee shall be entitled to vote Membership Interests held by him/her without a transfer of such Membership Interests into his/her name. Jointly owned membership interest may be voted by the surviving joint tenants. 4. 4 Meetings of Members. 4 . 4 . 1 Meetings of Members may be held at such time and place, either within or without the state of Colorado, as may be determined by the Managers or the person or persons calling the meeting. 4.4.2 An annual meeting of all Members shall be held at such time and place as shall be determined by a resolution of the Managers during each fiscal year of the Company. 4 .4 . 3 Special meeting of the Members may be called by the Managers and by at least one-fourth of all of the Members entitled to vote at the meeting. 4.4 .4 Written notice stating the place, day, and hour of the meeting and, in the case of a special meeting, the purpose 4 for which the meeting is called, shall be delivered not less than ten (10) days nor more than fifty (50) days before the date of the meeting either personally or by mail, by or at the direction of the Managers or any other person calling the meeting, to each Member of record entitled to vote at such meeting. A waiver of notice in writing, signed by the Member before, at, or after the time of the meeting stated in the notice shall be equivalent to the giving of such notice. 4.4.5 By attending a meeting, a Member waives objection to the lack of notice or defective notice unless the Member, at the beginning of the meeting, objects to the holding of the meeting or the transacting of business at the meeting. A Member who attends a meeting also waives objection to consideration at such meeting of a particular matter not within the purpose described in the notice unless the Member objects to considering the matter when it is presented. 4.5 Meeting of All Members. If all the Members shall meet at any time and place, either within or outside of the state of Colorado, and consent to the holding of a meeting at such time and place, such meeting shall be valid without call or notice, and at such meeting any action of the Members may be taken. 4. 6 Ouorum and Adjournment. A majority of the Members entitled to vote shall constitute a quorum at the meeting of Members. , If a quorum is not represented at any meeting of the Members, such meeting may be adjourned for a period not to exceed sixty (60) days at any one adjournment; provided, however, that if the adjournment is for more than thirty (30) days, a notice of the adjourned meeting shall be given to each Member entitled to vote at the meeting. 4 .7 Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents describing the action taken, signed by each Member entitled to vote and delivered to the Managers for filing with the Company records. Action taken under this section is effective when all Members entitled to vote have signed the consent, unless the consent specifies a different effective date. SECTION 5 PROVISIONS RELATING TO MANAGERS 5. 1 General Powers. Management and the conduct of the business of the Company shall be vested in the Managers. The Managers may adopt resolutions to govern their activities and the- manner in which they shall perform their duties to the Company. 5 5. 2 Oualifications of Managers. Managers shall be natural persons eighteen (18) years of age or older. 5. 3 Duties of Managers. 5. 3 . 1 The Managers shall have the duties and responsibilities as described in the Colorado Limited Liability Company Act, as amended from time to time. 5. 3 . 2 The Managers, or any one of the managers as designated by resolution of the Managers, shall execute any instruments or documents providing for the acquisition, mortgage, or disposition of the property of the Company. 5. 3 . 3 Any debt contracted or liability incurred by the Company shall be authorized only by a resolution of the Managers, and any instruments or documents required to be executed by the Company shall be signed by the Managers or any one of the Managers as designated by resolution of the managers. 5.3.4 The Managers may designate any one of the Managers or delegate an employee or agent to be responsible for the daily and continuing operations of the business affairs of the Company. All decisions affecting the policy and management of the Company including the control, employment, compensation, and discharge of employees; the employment of contractors and subcontractors; and the control and operation of the premises and property, including the improvement, rental, lease, maintenance, and all other matters pertaining to the operation of the property of the business shall be made by the Managers. 5. 3 .5 Any Manager may draw checks upon the bank accounts of the Company and may make, deliver, accept or endorse any commercial paper in connection with the business affairs of the Company. 5 . 4 Devotion to Duty. At all times during the term of a Manager, the Manager shall give reasonable time, attention, and attendance to, and use reasonable efforts in the business of the said Company; and shall, with reasonable skill and power, exert himself or herself for the joint interest, benefit, and advantage of said Company; and shall truly and diligently pursue the Company objectives. 5. 5 Number. Election. and Term. 5. 5. 1 The number of Managers shall be two (2) . The number of Managers shall be increased or decreased by the vote_ or consent of the Members. 6 5. 5. 2 The initial Managers shall hold office until the first annual meeting of Members and until their successors have been elected and qualified. Thereafter, each Manager elected by the members shall hold office for a one-year term or until his or her successor has been elected and qualified. 5.5.3 Managers shall be elected by a vote or consent of the Members at an annual meeting or at a special meeting called for that purpose. 5. 6 Meetings and Voting. 5.6. 1 Meetings of the Managers may be held at such time and place as the Managers by resolution shall determine. 5. 6.2 Written notice of meetings of the Managers shall be delivered at least twenty-four (24) hours before the meeting personally, by telecopier, or by mail actually delivered to the Manager within the twenty-four (24) hour period. A waiver of notice in writing, signed by the Manager before, at, or after the time of the meeting stated in the notice, shall be equivalent to the giving of such notice. 5.6.3 By attending a meeting, a Manager waives objection to the lack of notice or defective notice unless, at the beginning of the meeting, the Manager objects to the holding of the meeting or the transacting of business at the meeting. 5. 6.4 A majority of the Managers entitled to vote shall constitute a quorum at the meeting of Managers. 5.6. 5 All decisions of the Managers shall be made by a majority vote of the Managers at a properly called meeting of the Managers at which a quorum is present, or by unanimous written consent of the Managers. 5.6. 6 Informal Action by Managers. Any action required or permitted to be taken at a meeting of the Managers or of any committee designated by said Managers may be taken without a meeting if the action is evidence by one or more written consents describing the action taken, signed by each Manager or committee member, and delivered to the person having custody of the Company records for inclusion in the minutes or for filing with the records. Action taken under this section is effective when all Managers or committee members have signed the consent, unless the consent specifies a different effective date. Such consent has the same force and effect as a unanimous vote of the Managers or committee members and may be stated as such in any document. 7 5.6.7 Participation by Electronic Means. Any Manager or any committee designated by the Managers may participate in a meeting of the Managers or committee by means of telephone conference or similar communications equipment by which all persons participating in the meeting can hear each other at the same time. Such participation shall constitute presence in person at the meeting. 5.7 Vacancies. Any managerial vacancy may be filled by the affirmative vote of a majority of the remaining Managers even if the number of remaining Managers comprises less than a quorum of the Managers. A Manager elected to fill a vacancy shall be elected for the unexpired term of his/her predecessor in office. Any Manager position to be filled by reason of an increase in the number of Managers may be filled by election by the Managers for a term of office continuing only until the next election of Managers by the Members. 5. 8 Resignation. Any Manager of the Company may resign at any time by giving written notice to the Company. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. When one or more Managers shall resign, effective at a future date, a majority of the Managers then in office, including those who have so resigned, shall have power to fill such vacancy or vacancies, the vote thereon to take effect when such resignation or resignations shall become effective. 5. 9 Removal. Any Manager or Managers of the Company may be removed at any time, with or without cause, by a vote of the majority of the Members then entitled to vote at an election of Managers. 5. 10 Compensation. By resolution of the Managers and irrespective of any personal interest of any of the Managers, each Manager may be paid his or her expenses, if any, for attendance at each meeting of the Managers, and may be paid a stated salary as Manager or a fixed sum for attendance at each meeting of the Managers or both. No such payment shall preclude any Manager from serving the Company in any other capacity and receiving compensation therefor. 5. 11 Presumption of Assent. A Manager of the Company who is present at a meeting of the Managers or committee thereof at which action on any matter is taken shall be presumed to have assented to the action taken unless such Manager objects at the beginning of such meeting to the holding of the meeting or to the transacting of- business at the meeting, unless his/her dissent is entered in the minutes of the meeting, or unless he/she shall file his/her written dissent to such action with the presiding officer of the meeting 8 before the adjournment thereof or shall forward such dissent to such action with the presiding officer of the meeting before the adjournment thereof or shall forward such dissent by certified mail to the Company immediately after the adjournment of the meeting. Such right to dissent shall not apply to a Manager who voted in favor of such action. 5. 12 Indemnification. Managers, employees, and agents of the Company shall be entitled to be indemnified by the Company to the extent provided in the Colorado Limited Liability Company Act, C.R.S. section 7-80-410, as amended from time to time, and shall be entitled to the advance of expenses, including attorneys' fees, in the defense or prosecution of a claim against him or her in the capacity of Manager, employee, or agent. 5. 13 Transactions with Company and Otherwise. Any of the Managers, or any agent, servant or employee of any of the Managers, may engage in and possess any interest in other businesses or ventures of every nature and description, independently or with other persons, whether or not directly or indirectly in competition with the business or purpose of the Company, and neither the Company nor any of the Members shall have any rights, by virtue of this Agreement or otherwise, in and to such independent ventures or the income or profits derived therefrom, or any rights, duties, or obligations in respect thereof. A Manager may lend money to, act as surety for, and transact other business with the Company and shall hava the same rights and obligations with respect thereto as a person who is not a Manager of the Company, except that nothing contained in this section shall be construed to relieve a Manager from any of his or her duties to the Company. SECTION 6 BOOKS 6. 1 Location of Records. The books of the Company shall be maintained at the principal office of the Company or at such other place as the Managers by vote or consent shall designate. 6. 2 Access to Records and Accounting. Each Member shall at all times have access to the books and records of the Company for inspection and copying. Each Member shall also be entitled: 6.2.1 To obtain from the Managers upon reasonable demand for any purpose such information reasonably related to the Member's Membership Interest in the Company; 6. 2 .2 To have true and full information regarding the state of the business and financial condition and any other_ information regarding the affairs of the Company; 9 6.2 . 3 To have a copy of the Company's federal, state, and local income tax returns for each year promptly after they are available to the Company; and 6.2.4 To have a formal accounting of the Company affairs whenever circumstances render an accounting just and reasonable. 6. 3 Accounting Rules. The book shall be maintained on a cash basis. The fiscal year of the Company shall be the calendar year. The books shall be closed and balanced at the end of each calendar year and, if an audit is determined to be necessary by vote or consent of the Managers, it shall be made as of the closing date. The Managers may authorize the preparation of year-end profit-and-loss statements, balance sheet, and tax returns by a public accountant. SECTION 7 DISSOLUTION 7 . 1 Causes of Dissolution. The Company shall be dissolved upon the occurrence of any of the following events: 7.1. 1 At any time by unanimous agreement of the Members. 7. 1. 2 Upon the expiration of the period fixed for the durafion of the Company in its Articles of Organization. 7. 1. 3 Upon the death, retirement, resignation, expulsion, bankruptcy, or dissolution of a Member. 7.2 Continuation of Business. Notwithstanding a dissolution of the Company under Section 7. 1. 3 , the Members may elect to continue the business of the Company, so long as there are at least two Members remaining who then consent to do so, the disposition of the deceased, retired, resigned, expelled, or bankrupt Member's ("Withdrawn Member") Membership Interest shall be in accordance with Section 8. 7. 3 purchase of Withdrawn Member's Interest. If Members elect to continue the business under Section 7.2 , or if there is only one remaining Member ("Sole Remaining Member") , the purchase price for the Withdrawn Member's interest shall be determined as follows: 7. 3 . 1 If the reason a Member's interest is available for sale is due to death, or retirement or resignation, the purchase price for the remaining Members or the Sole Remaining _ Member shall be the fair market value of the Withdrawn Member' s interest. For the purposes of this Agreement, the fair market value of a Member's interest shall be determined 10 by ascertaining the "Appraised Value" of the assets of the Company minus the liabilities of the Company multiplied by the percentage interest in the Company owned by the Withdrawn Member. If the Remaining Members or Sole Remaining Member and the Withdrawn Member or personal representative of the Withdrawn Member cannot agree upon the fair market value of the Withdrawn Member's Interest within ninety days of the date of death of a Withdrawn Member or within thirty days of the date of resignation or retirement, the parties shall attempt to agree upon the appointment of an appraiser who's fees shall be paid equally by them. If the parties cannot agree upon an appraiser, each shall obtain their own appraiser who shall be MAI certified and regularly engaged in appraisals in Weld County, Colorado, and if the two such appraisers cannot agree upon the fair market value they shall appoint a third appraiser (who's fees shall be paid equally by the parties) and the average of the three appraisals shall become the fair market value for the purposes of this Agreement. 7.3.2 The purchase price determined under 7 . 3 . 1 shall be paid to the Withdrawn Member or his representative within one year of the Effective Date. 7 . 3 . 3 The Effective Date shall be the date of death of the deceased Member; the date notice is received by the Manager in case of a retired, resigned, expelled or bankrupt Member. 7.4 Distribution of Assets if Business is Not Continued. In the event of the dissolution of the Company and if the Members do not elect to or are unable to continue the business of the Company, or in the event the Sole Remaining Member does not elect to purchase the interest of the Withdrawn Member as provided above, the Managers shall proceed with reasonable promptness to sell the real and personal property owned by the Company and to liquidate the business of the Company. Upon dissolution, the assets of the Company business shall be used and distributed in the following order: 7 . 4 . 1 Any liabilities and liquidating expenses of the Company will be first be paid; 7 . 4 . 2 The reasonable compensation and expenses of the Managers in liquidation shall be paid; 7 . 4 . 3 The amount then remaining shall be paid and divided among the Members in accordance with the statutory - scheme for distribution and liquidation of the Company under the Colorado Limited Liability Company Act, as amended from time to time. 11 SECTION 8 EXPULSION 8. 1 Causes of Expulsion. A Member shall be expelled from the Company upon the occurrence of any of the following events: 8.1. 1 If a Member shall violate any of the provisions of this Agreement; or 8. 1.2 If a Member's Membership Interest shall be subject to a charging order or tax lien, which is not dismissed or resolved to the satisfaction of the Managers of the Company within thirty (30) days after assessment or attachment. 8 . 2 Notice of Expulsion. Upon the occurrence of an event described in Section 8. 1, written notice of expulsion shall be given to the violating Member either by serving the same by personal delivery or by mailing the same by certified mail to his or her last known place of residence, as shown on the books of said Company. Upon the receipt of personal notice, or the date of the postmark for certified mail, the violating Member shall be considered expelled, and shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7. 3 or 7 .4. SECTION 9 BANKRUPTCY OF A MEMBER 9 .2 Bankruptcy Defined. A Member shall be considered bankrupt if the Member files a petition in bankruptcy (or an involuntary petition in bankruptcy is filed against the Member and the petition is not dismissed within sixty (60) days) or makes an assignment for the benefit of creditors or otherwise takes any proceeding or enters into any agreement for compounding his or her debts other than by the payment of them in the full amount thereof, or is otherwise regarded as insolvent under any Colorado insolvency act. 9. 3 Effective Date for Bankruptcy. The Effective Date of a Member ' s bankruptcy shall be the date that the Managers, having learned of the Member's bankruptcy, give notice in writing stating that the Member is regarded as bankrupt under this Agreement, such notice to be served personally or by leaving the same at the place of business of the Company. As of the Effective Date, the bankrupt Member shall have no further rights as a Member of the Company, except to receive the amounts to which he or she is entitled under Sections 7 . 3 or 7.4. 12 SECTION 10 RETIREMENT OR RESIGNATION OF A MEMBER 10 . 1 Right to Retire or Resign. A Member shall have the right, at any time, to retire or resign as a Member of the Company by giving notice to the other Members. 10.2 Consequences of Retirement or Resignation. Upon giving notice of intention to retire or resign, the Withdrawn Member shall be entitled to have his or her Membership Interest purchased as provided in Section 7.3 if the remaining Members elect to continue the business of the Company under Section 7.2. Upon the receipt of notice of the Remaining Members' election to continue the business, the Membership interest of the Withdrawn Member in the Company shall cease and terminate, and the Withdrawn Member shall only be entitled to the payments provided in 7 . 3 . 10. 3 Consequences of Retirement or Resignation If the Business is Not Continued. If the remaining Members elect not to continue the business upon retirement or resignation of a Member, or are unable to do so by law, or if the sole remaining Member elects not to purchase the interest of the Withdrawn Member, the Withdrawn Member shall only be entitled to his or her interest in liquidation, as stated in 7 .4 . SECTION 11 DEATH OF A MEMBER 11. 1 Death of a Member. Upon the death of a Member, the deceased Member' s rights as Member of the Company shall cease and terminate except as provided in this Section 11. 11. 2 Consequences of Death if Business Is Continued or Purchased by Sole Remaining Member. If the surviving Members elect to continue the business as provided in Section 7 . 2 , or the sole remaining Member elects to purchase the business, the Managers, or the sole remaining Member as the case shall be, shall serve notice in writing of such election, within three (3) months after the death of the decedent, upon the personal representative of the decedent, or, if at such time no personal representative has been appointed upon any one of the known legal heirs of the decedent at the last known address of such heir. The Company, or the sole remaining Member shall purchase the membership interest of the deceased Member as provided in Section 7. 3 . 11.3 Consequences of Death If the Business Is Not Continued. If the surviving Members do not elect to continue the business, or - are unable to do so by law, or if the sole remaining Member does 13 of elect to purchase the interest of the deceased Member, the deceased Member shall only be entitled to his or her interest in liquidation as provided in Section 7.4. SECTION 12 RESTRICTION ON SALE OF A MEMBER'S INTEREST 12. 1 Provisions Restricting Sale of Membership Interests. In the event that Member desires to sell, assign, or otherwise transfer his or her Membership Interest in the Company and has obtained a bona fide offer for the sale thereof made by some person not a member of this Company, he or she shall first offer to sell, assign, or otherwise transfer the Membership Interest to the other Members at the price and on the same terms as previously offered him or her, and each of the other Members shall have the right to purchase his or her proportionate share of the selling Member's Membership Interest. If any Member does not desire to purchase the Membership Interest on such terms or at such price and the entire Membership Interest is not purchased by the other Members, no other Member may purchase any part of the Membership Interest, and the selling Member may then sell, assign, or otherwise transfer his or her entire Membership Interest in the Company to the person making the said offer at the price offered. The intent of this provision is to require that the entire Membership Interest of a Member be sold intact, without fractionalization. A purchaser of a Membership Interest of the Company shall not become a Member without the unanimous consent of the non-selling Members, but shall be entitled to receive the share of profits, gains, losses, deductions, credits, and distributions to which the selling Member would be entitled. SECTION 13 MEMBERS' COVENANTS 13 . 1 Nember's Personal Debts. In order to protect the property and assets of the Company from any claim against any Member for personal debts owed by such Member, each Member shall promptly pay all debts owing by him or her and shall indemnify the Company from any claim that might be made to the detriment of the Company by any personal creditor of such Member. 13 . 2 Alienation of Membership Interest. No Member shall, except as provided in Section 12 , sell, assign, mortgage, or otherwise encumber his or her Membership Interest in the Company or in its capital assets or property; or enter into any agreement of any kind that will result in any person, firm, or other organization becoming interested with him or her in the Company; or - do any act detrimental to the best interests of the Company. 14 SECTION 14 ARBITRATION 14 .1 Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the rules then obtaining of the American Arbitration Association. Judgment upon the award rendering by said arbitration may be entered in any court having jurisdiction thereof. Costs of arbitration shall be paid by the loser. If one Member notifies the other Member in writing of a dispute, claim, or controversy within six (6) months of the arising of such dispute, claim, or controversy and requests that the same be arbitrated, no legal action may then be commenced thereon, except to obtain judgment on the arbitration award. SECTION 15 MISCELLANEOUS PROVISIONS 15. 1 Inurement. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns, and each person entering into this Agreement acknowledges that this Agreement constitutes the sole and complete representation made to him or her regarding the Company, its purpose and business, and that no oral or written representations or warranties of any kind or nature have been made regarding the proposed investments, nor any promises, guarantees, or representations regarding income or profit to be derived from any future investment. 15.2 Modification. This Agreement may be modified from time to time as necessary only by the written agreement of the Company, acting through the vote or consent of its Managers, and the Members. 15. 3 Severability. The provisions of this Agreement are severable and separate, and if one or more is voidable or void by statute or rule of law, the remaining provisions shall be severed therefrom and shall remain in full force and effect. 15. 4 Governing Law. This Agreement and its term are to be construed according to the laws of the State of Colorado. 15 . 5 Counterparts. This Agreement has been executed in counterparts and each such counterpart shall be deemed an original of the Agreement for all purposes. 15 IN WITNESS WHEREOF, we have hereunto set our hands and seals on the day first above written. MEMBERS: Gab�uerrero-Cardenas , Ice "�'. 7,4:4,(4, I-5 Jose A. Villalobos 16 czn d• 3w9tld L0 : 11 96 . El AUW r v^ - Ca;iD.Itb1U ,- s5TlSanmSee, �!.' ��A _ _—. `� f•11 1� • Cava CG Fla • ^r, Tt .' s•> 1 TVPN �� coLo'Raa© srivess Raisrraa�r� k • j- Check A/4ady3 bmitwu a R .CEIVEDMZD\t WPAWc1k: M 9aa5aa' I r.m� + ow �•mGateeeo.a�rs — Uo kv.h, . h u . Ca . e Qr.UtarlleFry avx: � at I KFb 'cry. i o •Ka!lrxba:�au- ^_ r`4`" lowly,.in* MAY 1 s 1996 Y6YeI, ='"n•"+'a t+ wx arm WAWA?cr.. 7Me Mamas typo cr Ownerahrp (1 arc , Zs rnarri0044.1461L'OYe - ' ( L r 'aLpl!t'raw r '-7 aV+:o1rC17rQaermiemgare.6 cferaarwTmrl l -r0:'yata a jApanra 1N.;,ai„iaryr�+eyaw«+ 7 UeaNasPe Al kirmo airt -rg, _..--' 1 7ehYacay lJ 5 {Helm n Olair,..- ._._ TapeRit-J*1 mo, acafpaxanaJ ON.IW:MO*/ ._._._---- .- I ; r. Cube vice, ;.:•C I I i • SoatAdrad a FNttaiPIM H K.paet n al; pti 'SON 3A3l0! NY 119 -.. ! ,,#am Ir r. anmAp atap .,it S A aoO . lAdP]mntI.a.uwasa(Minualtky.nY r -9re1 sT 1a en,n 7c, Lupton < T IRnSnd eA) d06)1 - T Catay } ,—.._ Ta.anenc Weld (3J3) R57-133d Ewan 6'gpywlL./ earn ing; bind AVM (r_-ae &4e -, Jwrk 7O pox a IBo*d000" J101 PRY 119 Lon onz +Go S0506 ilk) FFa Dave M:el eflo ilre, Mil M you tm fires Od ioe.rov#tyy I • raver;- . Liquor & Food Mler Deywxnlamn rr as c000rgrpi vea Ni. Oa sumo gourmets&tootc*Utee0 0-Yea it No a SOW it6.tnM.aa,l ybe.aeann ruer..l v94lwl tmatat Mut:So knea Number OMR Carlene taw Damn.M On won USN Lawman bust ' 'rcrwaQ afc.rAura I-oro —�xe N Btco i(NI ens a l!aoPleep'B) A�erox(naaritaG0.80.,.ac«6r,.aak.3fl T it tiu<u[6:•:AeclwPatYn ..- Gciid Claud,. �_. /��� �� r (Fro Gni.*I apgnLl.l $'N6eaa mct m-cc orP.0.e suet Pau cod.V) T.kpr+'e _ PS ("{:•.: ) ,- are desire01Me.utiof In aeb pm,In p ,f vine rnCW1 a1• ii:t' ➢4niit w ntrl agandMew; 1 -_ Oat el*c4Cim ?Strewn•A Tom Mton Monet: Sent Ler • I r , - ice' N:a!:n:.-.nenat G riy C V•F MAR p 1/AY J NC - C NOV C ' rJ JLN :J NC OCTOGf 0EL fILIMGfAegUey,1"r;:l aw,<mtarxya It Iwa Dry dart.aGo Av?vn) Pee41(Ii To ,Ilgar6bl'Mear.ertirwe„y Jugc Ie 1936 in w\tN60 RIG • • u MOW*only.a.Mt, I Ta W�a'Lw@;I.ry IxkrbMlkn.Meinrir aNN Orr? TO ReaUb.nn a� ay.,. O CraAneb l (U,}Uay.Ylq ii ' %-rt aw o.w Nsa c 50.00 Rothe 'l 4WMCb Gen loofa : .(+ . :'r. WO-SW.ire j r RCWCIIRTIOC: I Ch#t.nrat.o anptn 5 irI /sn ;kora -I$ OP 00 Ic.&A q-rrn.tmt.r Ito eelnC tralaa OM c fi< tra Van - watwt•, ..__—. rI p womb=gpaal ❑ maws; >Q t W.aroxu' Oa , ITC 2 W»w.o�nrxn'rl.•,a ' p crony sz,, a 01 k 0thtlial6rd. w'�"� AI ',I .''TOTAL I 66:C0 /*cafe✓Mx Pm*Pi cow liMO 4 :44.1 Ayx.e arc me erepnns mpy A PA Off meet Mn.eca ire re Om a.ao(mr biewteo..• i 51GIM1UREol amok?Mini of Corporal,en PEallwo nee • e Anckarairatio'nAtoill.r�yoa —' lye - erg l,(,, v i-O on v u I o•.. -... -.•., - ©-d 1SLO£S£HL6T Ol 8�96 L58 £p£ 553ddX3 5 tl • Woad 90:TT 966T-2T-1 tiW i • 1.4 rl DR 8404-I (02/94) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION. 1375 SHERMAN STREET DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant,all general partners of a partnership,all limited partners owning 10%(or more)of a partnership;all officers and directors of a corporation,all stockholders of a corporation owning 10%(or more)of the stock of such corporation;all limited liability company MANAGING members,or other limited liability company members with a 10%(or more) ownership interest in such company and all managers of a Hotel and Restaurant license. NOTICE:This individual history record provides basic information which is necessary forthe licensing authorities investigation.ALL questions must be answered in their entirety.EVERY answer you give will be checked for its•truthfulness.A deliberate falsehood will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1.Name of Business Date Social Security Number(s) El Chubasco 2-26-96 2.Your Full Name(last,first,middle) 3.Also Known As(maiden name/nickname,etc.) Guerrero—Cirdenas, Gabino 1, 4.Mailing Address(if different from residence) Home Telephone 1105 Applewood Avenue, Ft. Lupton, Colorado 80621 (303) 857-1334 5.Residence Address(street and number,city,state,ZIP) 6.Date of Birth Place of Birth 7.U.S.Citizen? Dgo, Mexico Dyes X -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 Weight Hair Color Eye Color Sex Race 9.Do You Have a current Driver's License?If yes,give number,8 state 5' 8" 180 Black -Brown Male Hispanic A Yes n No 10.Name of Present Employer 11.Type of Business or Employment Flint Engirteeri"g Construction Foreman 12.Address of Business Where Employed(street number,city,state,ZIP) Business Telephone 1391 Denver Ave, Evans, CO 806?0 (303) 857-2791 13.Present Position Foreman 14.Marital Status 15.Name of Spouse(include maiden name if applicable) Married Rosalina Guerrero (Rosalina Corral) 16.Spouse's Date of Birth Spouse's Place of Birth Chib, Mexico 17.Spouse's residence address,if-different than yours(street and number,city,state,ZIP) 18.Spouse's Present Employer Occupation N A House wife 19.Address of Spouse's Present Employer N/A 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 21.Do you now,or have you ever held a State of Colorado Liquoror Beer License,or loaned money,furniture,fixtures,equipment or inventory,to any Colorado Liquor or Beer Licensee?If yes,answer in detail ❑ Yes n No CONTINUED ON REVERSE SIDE DR 8404-1(2/94) Page 2 22.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court?(Do not include traffic violations,unless they resulted in suspension or revocation of your driver's license,or you were convicted of driving under the influence of drugs or alcoholic beverages.)If yes, explain in detail. Yes 7 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. I Yes 7 No 24.Military Service(branch) From To Serial Number Type of Discharge i7/A 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 904 Lancaster Avenue Ft. Lupton, CO 80621 1990 1992 1105 Applewood Avenue Ft. Lupton, CO 80621 1992 Pres. zs.List all former employers or businesses engaged in within the last five years. (Attach separate sheet if necessary.) NAME OF EMPLOYER ADDRESS(STREET, NUMBER,CITY, STATE,ZIP) POSITION HELD FROM TO Flint Engineering 1391 Denver Ame, Ft. Lupton, CO Forevar 1991 Pres. PC1: Construction Commerce City, CO Labor 1990 1991 27.What is your relationship to the applicant?(sole owner,partner,corporate officer,director,stockholder,member or manager) Partner 28.If stockholder,number of shares owned beneficially or of record Percent of outstanding stock owned L'J 29.If partner,state whether General ❑ Limited Percent of Partnership Owned If Limited Liability Company(percent owned) 50% 30.Total amount you will invest in this business,including notes.loans,cash,services or equipment,and operating capital.(Reg.46-106.1 and Reg.47-107.1) Amount$ 12,000.00 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.) Names on accounts or person who can Amounts Sources - Account Numbers sign on this account $1"',000.00 First Security Bank - 100139407 Cabi,n and Rosaiirda Guerrero Oath of Applicant 1 declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. Authorized Signature Title Date d 1 E' 1/ i L die DRIVER LICENSE ADULT i " -,. R * Mt rV Class Voter Sex f .yM . Donor Prev ifi BIRTH DATE NuMotb . c ,- -, GABINO OLEfil BP1dCARDENAS 02-21-2001 1105 APPLEWOOD Ins Date 02-03.1900 FT LUPTON CO 80621 RESIDENT ALIEN ilatiaigkiwii .o-l.hii•I S Ifir IAt-i.L-'il3l[�=1♦ r GUERRERO CARDENAS , GABINO NAME . %�fi x 'W N 1r4 1�oT 08 -06 I _ `4 'AR&IXnIES, ALIEN REGISTRATION RECEIPT CARO PERSON IDENTIFIED BY THIS CARD IS ENTITLED TO RESIDEPERAIANENTLYAND WORK IN THE U.S. 1 1 TEMP RES ADJ DATE - 090987 S26 DEN 901201 582 6037591012 A1USA090615697<02<9602<<<<<<<< 6602211 M0602080«««44ADOA184 GUERRERO<CARDENAS<<GABINO««< 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,ail 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 inform on which is necessary for thelicensing authorities investigation.ALL questions must be answered in their entirety.EVERY answer you give 'll be checked for its truthfulness.A deliberate falsehood will jeopardize the application as such falsehood within Itself constitutes evidence regarding the character of the applicant. 1.Name of Business Date Social Security Number(s) El Chubasco 2 - 2Y-4/t 2.Your Full Name(last,first,middle) 3.Also Known As(maiden name/nickname,etc.) tiilla3obos, Jose A. 4.Mailing Address(if different from residence) Home Telephone c.f''r':, i (900)659-3096 -5.Residence Address(street and number,city,state,21PJ7 570 N 6 Avenue, Brighton, Colora.do 80601 6.Date of Birth Place of Birth 7.U.S.Citizen? Chihuaha, Mexico ❑ Yes X— No It Naturalized,state where When Name of U.S.District Court Naturalization Certificate Number Date of Certificate If an Men,Give Alien's Registration Card Number Permanent Residence Caro Number 8.Height Weight Hair Color Eye Color Sex Race 9.Do You Have a current Driver's License?If yes,give number,&state 6'0" 224 Black Brown Male 'Hispanic N Yes n No 10.Name of Present Employer 1 11.Type of Business or Employment Senern1 Concrete Con trac .te. - lnr.' Construction 12.Address of Business Where Employed(street numb rsity,state,ZIP) Business Telephone (303) 659-7955 13.Present Position Foreplay 14.Marital Status 15.Name of Spouse(include maiden name if applicable) Married Rosa vitla'obcs (Rosa Chavez) 16.Spouse's Date of Birth Spouse's Place of Birth Mexico 17.Spouse's residenceaddress,if different than yours(street and number,city,state,ZIP) 570 N 6 Avenue, -Brighton, "0 80623 18.Spouse's Present Employer Occupation N/A House wife 19.Address of Spouse's Present Employer N/A. 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 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 © No CONTINUED ON REVERSE SIDE DR 8404-I(2/94) Page 2 22.Have you ever been convicted of a crime,or received a suspended sentence,deferred sentence,or forfeited bail for any offense in criminal or military court?(Do not include traffic violations,unless they resulted in suspension or revocation of your driver's license,or you were convicted of driving under the influence of drugs or alcoholic beverages.)If yes, explain in detail. Li Yes LXJ 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. I I Yes ® No 24.Military Service(branch) From To Serial Number Type of Discharge NIA 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 570 N 6 Avenue Brihton, Colorado 80601_ 1991 Present 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 General Concrete Contractors 12636 IDA, Brighton, CO 80601 Foreman 1994 Pres. Commerce City, CO Cement PCL Construction Finisher 1990 1994 27.What is your relationship to the applicant?(sole owner,partner,corporate officer,director,stockholder,member or manager) Partner 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 If Limited Liability Company(percent owned) 50% 30.Total amount you will invest in this business,including notes,loans,cash,services or equipment,and operating capital.(Reg.46-106.1 and Reg.47-107.1) Amount 512-,000 An_ 31. 1 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.) Names on accounts or person who can Amounts Sources - Account Numbers sign on this account $7.2,000.00 First Security Bank — Jose & Rosa Vi7.lalobos $ Oath of Applicant 1 declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. - Date Authorized Signature Title STA. F -•• DRIVER LICENSE ADULT ,.,. ' R 4 , - finders Oen Voter I \ M 0100 224 .112.1c13R0 A 1 Ilex NI WI -.i<7ek Vie .Donor Prey A1247-3498 BIRTH GATE Riitre"• deo / 2 XPI-ES JOSE ANTONIO VILLALOBOS OT !- 2000 570 N OTH AV Imp:Dote 02-23-1995 BRIGHTON CO 80E01 RESIDENT ALIEN VILLALOBOS-SANDOVAL, JOSE ANTON NAME .,: 08 19 01 ' `l; 'CARDEXP4RES 1. ALIEN REGISTRATION RECEIPT CARD PERSON IDENTIFIED BY THIS CARD IS ENTITLED TO RESIDE PERMANENTLY AND WORK IN THE U.S. - TEMP RES ADJ DATE - 051788 S16 DEN 891201 582 1231936005 AlUSA090709582<01 <9108«««« 6307055M0108191 «««FC1 CBD040 VILLALOBOS<SANDOVAL«JOSE<ANTO GABINO OR ROSALINA GUERRERO it 1105 APPLEWOOD AVE. 857-1334 / �i q 82-244/1070 FORT LUPTON,N�CO 80621 �e —2 U 19 ?h LI i, PAY TO Lill ORDER OFFsJR4<. GT Colo,-G do / I $ 1y6, a li,.. 649 o : /�in.o -L.iLe �/ '$ 4re 2//DOLLARS j /? The First Security Blank It S. Bos aea94+et P.O.Box 22e OOP)157- 1 Port Laptev,Word* NNW ) MEMO G/.tie/Ale/"i -- •'S - 'sp!^ies idl00ou uln*0U Bunn Loi noA IIuot j 3 $ a a m` Z' m '�1 f 0 m V m e V > ...a ^Nu m w Q to a) co O N ❑ ` a P 387 472 076 ym ® � NN RECEIPT FOR CERTIFIED MAIL o c l\, a c 2 F t y .. a m p m .to, c,, a cc a m h 0 -' r0 3cd ❑ ❑ 9 N' 2 d N re Sent to Z (Li, Wv)1 C O o - nl U a , n ._ n w --Fa Co E E� TD I 2 9p TD ha CI Or <ier Sneer a (p OT m m 0 en 0 w,CD v,, 2 N L 0 U N m O 2 2 ri Post Z 0 - iff m2 big E' f co cc w ¢ o 'v im N 71 O a O .E ODoor.:Postage 0 $ oq e.. m V C oozxm % $ Cenihetl N w 0 5 _ 'ale Z a w Special[ m E oa 0 fA m0 w 2 a3 it rn CC Restrict° Z i 2 € $m 0.— > .� 0 o `o nz W C ..� Return R 0 < 8 e m E.2 fY.Z } to whom m c m .cO- a .a E LL 4z _ °C' rn m Return R Z m E 0 iL ca co Date. an( " C 8 5 af. Y /j11 F- CO IF m TOTALF Z m om$ E °org° W (1' Z coD 2 m m oi Postmark 5a Oa a £ .$ C 0 < 0 i- a O M .-rii 8 �y D Z U E E?Em € ¢¢ 0 w w U o3 g r LL Jr��--��] SmmE =E �E g fY 2 m . co O. f]aar..c.€44184 m¢mm co 0 u c o Z€FS Earn .o m= J 0 LO Z et K tt. y c.` . �• .i .a ODMW ui to a U � r0 cOPIS/Ix6AB]041 uo ifll3H inoA II 'Lsy Ray Associates Interpretation and 'translation 'Esmeralda Ramirez-`flay Chief Interpreter/7ranslator Business:(970)339-5277 ' (Fax:(970)339-5237 i-30oj6o-5440 PETITION TO: Board of Commissioners of Weld County - RE' APPLICATION BY EL CHUBASCO, LLC FOR LIQUOR LICENSE AT 3101 HWY 119 IN WELD COUNTY, COLORADO THE UNDERSIGNED each being over the age of 21 years and a resident of Weld County, Colorado, hereby petition the Board of County Commissioners to approve the application for a liquor license by Gabino Guerrero-Cardenas and Jose Villalobos as managers of El Chubasco, LLC for the following reasons: 1. The managers of the applicant are of good moral character and will operate the bar according to the laws of the state of Colorado. 2. The establishment which the applicant proposes to open will be designed to cater to customers who are comfortable in an environment which is oriented to the Hispanic culture and where Spanish is the predominant language. 3. The location which the applicant has selected is located in a rural area of Weld County which is accessible to the Hispanic population which works in the rural areas of Weld, Boulder and Larimer Counties. There are no other establishments with liquor licenses in the area which meet the needs of the Hispanic residents to provide a gathering place for Hispanics which caters to the cultural environment in which they feel comfortable. The needs of the Hispanic population within the neighborhood and surrounding areas will be met by this establishment. Signature Print Name Address/City/State/Zip Date .31.2( 1. 21 /11A,P/4 i Chn 'c, /3,-7zz Ate-,4/c- (Yr71/'/live r- o -Y4 2 ' — - Ju/c4D ( >)l Al/tL /35-e, All,,,,, 154,-fir u�ne� [ .OiH-- H ;7e-`f40 3-, i;'l VI,r Ili( I(`! s (Pt CiL11(rl,i(1') Ob.( .....7,v`7 vl] `/(c 4.'' ',, .' IL - I , kll ( ,1 F , /Jt j(, H1 , ,( C'-( . If 1_, rL'�� 27 _ .- - yti„, 5 0, , _ !-AIL= 1! (-titre, / ✓/AC¢ ,e.td jrt�c./ �-/ 4 Z (� .iI II� i. �n,r • 1SA4/,LT/ //65 /nem4-4 /'i-;.r `f r. :- C 4,7 7..,�L ,� .,. ,/C/ .i , 1,•1, / ,/, l'' (fic,'/'< I(I 1 (riI'/( /: i (i, !� ( r � ( "(/(, c-- ; AS . ,y.Z - ,1 />,Uj;e4 A L.c !.'t om pi•1`f 90 - 7�4, 9. u�. zr 734 � fi S f r l f � Y jd - fG to C r Er <=c "VIA' />u, �i�, �1 zc .`_`E. 111:/ a . _ck_�tat/ ret /-(. 1 ' -..,114.c-/We V(ctit' /1c(e"96 /L 71c 12 s ' �/ l ii 7F�G11L(— .a�,-7 ' s 7i7f FTAc;/7 r..> i -i®'16 13,_ I�I�r�,r�_Sir! ,1 MIR. Z.,e S'C .' o� s - , / 2. V,.x ,e4 14. .1 lia21,'(v�c .E y Ci=c/l.4.4) -4,2,4 )r( C-i-3 cC 4c / ct) '9-:L y- 15.s_/ �.�1�_i► _ l ,s - "I 4t ca e i ,-z `r'\k \,, s. \ .-Y'L`� ram- -h. 16. L... • II _ t_liV ^ ,Aiv'vs rAt , Ifro , -;,1 GIEn '.l.s� •r r iis.Prt&jc. L, c, -N- )- S' C 1 ,r., roilnr 0, A- A ..�-}.-,S'�, 1- Lc . qlc. 17. SRri � . .S �<:.I�hrZSiar,-l� Jan,ht / `'S I I-1 n , 18. - -rr c ,. ,,b ! >. �}- L,/�-,.,,,,,,: i n `% l Y,„ /1(.. ,r /fib fi d„<< `/1`'yG 19 (or„,$-7r;>ri i'p4 y:r, 4152 /JiJrieii /I>te.t ,o/a; (cn5,4;nc,4. /7Ien>ii.el(-2 �J1-26 cjb 20. -A4, e:Y,t4'sl '. (lern,e.,,1., `��:;1 /'S< ({(< %-ix !"�-d:.�fe , �`oj�`1"/ '�G.._Yr j�, 21' c ,;,,, n Cnn.� Nhi e <'.,,rt.n -etu feywi- -,,,- Fi- . , ?to,.Cott `//,ill l9 10 ' 't-.20 c. 22 �oi , A\,e.�c �t�a`F fcu,% l �crnaseL fS� Frac:S(� Wve ( iJ ,.plAn, � o (c / /� l el. 23. pry /Ja7nV//.n NJ 84i�uzc, .,o.. , cii.__ Tilt, / d<, .i., ai il ti , F i kve-p.'1%1 , ge, ' e- 24 �//v/,-41/i/i(i! Le /1/Q,, i- t/e f /C'/<t 305. 6ic, n1 tie 7/ )tz'/ f 4-/ .2G: -9(. 25. !�'�i..J!) -- rC.J_Cj r'�'jL�L , /.i .c„ l.,;s •n of.7lt 'a.xi 6-if') I$J c'_ IJC<cai, u 1 2 c/-LL'"_`r'(� 26. / ✓ ` i. On . n,.ti Z '151 1-412+ Vac}111 AJc itkui,h it-2n`(f k 27\ ko,.t.I:l,-- aA-w,r‘.. &c,c n nL•'-,Y c,c St n 1 I.5 MA v(Cv-S 2 Z6 Y11l. . `G 4. y-.)1- 'I Ca 28. fl i n A Ft( t ru,.\r1/4f? ,`ICc u ..n. At7e �t '�-21 -r! c 29. ()Amer-- ( (Cc ,=v,rA %G S14nn,z11,..., 4.ut Luplr:a 4-A1- /4C41 �) s 30.&.n,dfe� r..-n •a — L v, I, So ttn,es .QCn' Poinr• 14. /'1'/�/L/,f:, Ce s/_.i1-;,4, AFFIDAVIT OF CIRCULATOR ATTACHED HERETO [1_g EXHIBIT I n /\, .:z I-cwk ---' STATE OF COLORADO } }ss. AFFIDAVIT OF CIRCULATOR OF PETITION COUNTY OF WELD } THE UNDERSIGNED, being over the age of 21, and having been duly sworn upon oath, deposes and states thathe has personally circulated the Petition to the Board of the Commissioners of Weld County regarding the application by El Chubasco, LLC for a liquor license at 3101 HWY 119 in Weld County, Colorado; that each signature on the Petition is the signature of the person whose name it purports to be; and that the affiant has not paid or will not in the future pay, and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or otherthing of value to any signer for the purpose of inducing or causing a signer to sign the Petition. . FURTHER AFFIANT SAYETH NOT. LI,I;°//ah . Signature ofCircuator Rosa Villalobos Print Name 570 N 6th Avenue Address Brighton, CO 80601 City State Zap (303) 659-3096 Telephone SUBSCRIBED and sworn to before me this 9 V day of I )1Wr , 1996. Witness my hand and official seal. My My commission expires: 1/ (q 9 Jl i r tkx/ ary / i AA �j otary Public PETITION TO: Board of Commissioners of Weld County RE: APPLICATION BY EL CHUBASCO, LLC FOR LIQUOR LICENSE AT 3101 HWY 119 IN WELD COUNTY, COLORADO THE UNDERSIGNED each being over the age of 21 years and a resident of Weld County, Colorado, hereby petition the Board of County Commissioners toapprove the application for a liquor license by Gabino Guerrero-Cardenas and Jose Villalobos as managers of El Chubasco, LLC for the following reasons: 1. The managers of the applicant are of good moral character and will operate the bar according to the laws of the state of Colorado. 2. The establishment which the applicant proposes to open will be designed to cater to customers who are comfortable in an environment which is oriented to theHispanic culture and where Spanish is the predominant language. 3. The location which the applicant has selected is located in a rural area of Weld County which is accessible to the Hispanic population which works in the rural areas of Weld, Boulder and Larimer Counties. There are no other establishments with liquor licenses in the area which meet the needs of the Hispanic residents to provide a gathering place for Hispanics which caters to thecultural environment in which they feel comfortable. The needs of the Hispanic population within theneighborhood and surrounding areas will be met by this establishment. Signature Print Name Address/City/State/Zip Date 1. *S a10/ 44,u y / uomar 0 -q6 2. , ;Z. ' - - owe ' tj,20 96 3 a 0/e4Aho fit S'I (fin/ /e ff d? IHni r/at 9-20-77 r 4. !, , , 241 r O. I0 fi . ,P/t^SEV ('OiD,�?2i95fb% -a0 5. c . , . r i V. F //S f'oe ft 4{/3), i/_1096 _ 6. ALL. /2 - 37ar. Lor-c F;( 116 > )--)/ 9- aa _ 9. io/ Q ins Gig re �1/� a n 10.fun idQ 4P«syo G/J/� {-� brt/� �`t �nlat /. q6 11.atO'(14n V dJ M 0,_14 Pon <IorMfb'Sour 14/2Qf?f 12.N�;7v��x doo/ll�:vas yob R;rcm 9' N -i(-, Acf' Er 2un- 13. ie.i42 ///S /or Vitt u/y y/-Z® -9C .i, . 14. �t S- s�a.dat�.s1a.-. _ eta y`e 15. s-s✓'4,3 y, ,ea ✓u - 9 ec at 16. .- ' uJr>K -A5P `/°5 76 17. 62 Ag (/,-Apc) ,zir-cs-0/1/ 7c2,6 y2G5/.6 18. Z)oSt k'e/et5.tte, /277/4/4 vakk ff4g 59 y[ 19. 'iw7i stn��� �s'a��:,t�,�t 5 r J �s ' �/C/' /H, ,V1/4,0 20.�c�; lx0 L �lrn 2n i,bra n c Fc,4 .� env J al 21. vim '� Q L/ 7 S l/ t'A 1 - Lo tJ rr.e - - c ® y4e.91, 22. 1? (vs- ,t to rl0r)4-, v- o-9E 23. ct - `-)IS - UA; 'um , - - 24. 3< o/ NGv . sh 25. • 0 L. OMR! 11_1' 6-f/6' 26. - ,2� �! J �. - .21-r-re/o-��E 27. 6nA • /4r 8t A i f v cyn mi., 0- _94 28." r �PCYile fr i . t f cn ;Lfc n l)r Loayio,1 i' (O' S''2b 2' 29. 30. AFFIDAVIT OF CIRCULATOR ATTACHED HERETO STATE OF COLORADO } }ss. AFFIDAVIT OF CIRCULATOR OF PETITION COUNTY OF WELD } THE UNDERSIGNED, being over the age of 21, and having been duly sworn upon oath, deposes and states that he has personally circulated the Petition to the Board of the Commissioners of Weld County regarding the application by El Chubasco, LLC for a liquor license at 3101 HWY 119 in Weld County, Colorado; that each signature on the Petition is the signature of the person whose name it purports to be; and that the affiant has not paid or will not in the future pay, and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing a signer to sign the Petition. FURTHER AFFIANT SAYETH NOT. Signature of Circulator Gabino Guerrero ' Print Name 11OS d 1 A e —_ -Address Ft. Lupton, CO 80621 City State yP (303) 857-1334 Telephone SUBSCRIBED and sworn to before me this AX}0 day of / -iJ/ , 1996. Witness my hand and official seal. My commission expires: 11 ,12) (CI`I otary Public PETITION TO: Board of Commissioners of Weld County RE: APPLICATION BY EL CHUBASCO, LLC FOR LIQUOR LICENSE AT 3101 HWY 119 IN WELD COUNTY, COLORADO THE UNDERSIGNED each being over the age of 21 years and a resident of Weld County, Colorado, hereby petition the Board of County Commissioners to approve the application for a liquor license by Gabino Guerrero-Cardenas and Jose Villalobos as managers of El Chubasco, LLC for the following reasons: 1. The managers of the applicant are of good moral character and will operate the bar according to the laws of the state of Colorado. 2. The establishment which the applicant proposes to open will be designed to cater to customers who are comfortable in an environment which is oriented to the Hispanic culture and where Spanish is the predominant language. 3. The location which the applicant has selected is located in a rural area of Weld County which is accessible to the Hispanic population which works in the rural areas of Weld, Boulder and Larimer Counties. There are no other establishments with liquor licenses in the area which meet the needs of the Hispanic residents to provide a gathering place for Hispanics which caters to the cultural environment in which they feel comfortable. The needs of the Hispanic population within the neighborhood and surrounding areas will be met by this establishment. Signature j Print Name f Address/City/State/ZipDA ate 1 l�dwr.-= 1e1rnA& fE0t')# �HZ.O IH-kAua __ ' '7 2a-9� ola llle(? 3. f in(4 - et.i .1e >w 4/)o t//-1' ace ejk 4. Cs ;.�/ ,� /�it�,�,✓., �.�1 fro / rey/Ye- 23 3 0 <tic q A&01- � . �6 5. , � �. rt .I �,, z f:LI v'eI / /c ,/ , //F.t y � / 6. ;Pi/vain f%e Ace wenn". FM., fie LC i i ./ �CJ'7co C, ' ;20�C 7. flew Z v y t..ccI 5 1- o � L�_d/-9 C 8. /art / 5�-n l�lan�....L Sa.x. 6ct 4705 'D yeocod 9/ FIE 4_4i-en&.• //, FC 9. f("cry jacc,ch. /30// a2 7dl se -.72-94. 11. fig./.s5'd /jA Peen/ f£ud>�.,&p6,�19'' 12 fllhevra pmnyO VC1o1 aj St F"} /..p}on.(0 SOC� l 13. '7C'eSeiy vTnfljj - I�j0i -eporx (t l v1onvcrr 90vj i 14.' errc c d�irvc G 2�lena L �96 J � S- 5'= �'/s�' F7`rlyptgn col �5 )v 15.,l�iJr`SeS 'f u7/ L1yi;5�S /�Hnet `d��� •5 -t-Ast fit fi./��'o.� I 8;C r 18," 11 r.� � . < <« " , 'tilt c /� , }�-�� `/'?: /L �51 . 19. f t on »rs`o I i vse2-22.P3 20. T$ O S 6c/C rsetr_t yet 6uerreo,5/C Eft L.rpf6n Cell X i 52 21. _ 22. 23. 24. 25. 26. 27. 28. 29. 30. AFFIDAVIT OF CIRCULATOR ATTACHED HERETO STATE OF COLORADO ) }ss. AFFIDAVIT OF CIRCULATOR OF PETITION COUNTY OF WELD } THE UNDERSIGNED, being over the age of 21, and having been duly sworn upon oath, deposes and states that he has personally circulated the Petition to the Board of the Commissioners of Weld County regarding the application by El Chubasco, LLC for a liquor license at 3101 HWY 119 in Weld County, Colorado; that each signature on the Petition is the signature of the person whose name it purports to be; and that the affiant has not paid or will not in the future pay, and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing a signer to sign the Petition. FURTHER AFFIANT SAYETH NOT. Signature of Circulator Gabino Guerrero Prim None 1105 Applewood Avenue Address Ft. Lupton, CO 80621 City State Zap (303) 857-1334 Telephone E SUBSCRIBED and sworn to before me this &( day of Af2U C , 1996. Witness my hand and official seal. My commission expires: r-> I !<_3(61 1 Notary Public J PETITION TO: Board of Commissioners of Weld County RE: APPLICATION BY EL CHUBASCO, LLC FOR LIQUOR LICENSE AT 3101 HWY 119 IN WELD COUNTY, COLORADO THE UNDERSIGNED each being over the age of 21 years and a resident of Weld County, Colorado, hereby petition the Board of County Commissioners to approve-the application for a liquor license by Gabino Guerrero-Cardenas and Jose Villalobos as managers of El Chubasco, LLC for the following reasons: 1. The managers of the applicant are of good moral character and will operate the bar according to the laws of the state of Colorado. 2. The establishment which the applicant proposes to open will be designed to cater to customers who are comfortable in an environment which is oriented to the Hispanic culture and where Spanish is the predominant language. 3. The location which the applicant has selected is located in a rural area of Weld County which is accessible to the Hispanic population which works in the rural areas of Weld, Boulder and Larimer Counties. There are no other establishments with liquor licenses in thearea which meet the needs of the Hispanic residents to provide a gathering place for Hispanics which caters to the cultural environment in which they feel comfortable. The needs of the Hispanic population within the neighborhood and surrounding areas will be met by this establishment. Signature Print Name Address/City/State/Zip Date 1.vLtm �� ilia i Lr 4F C. / 2. •.fit i, ' e " "I' C /- / , ti J.0 2 i :/. . 1, i- //t/ 7A/r r// , , / .'e i,,.. 3. f < ,c. N.' r >C 5,4 e,J U / I ✓ C nCI l n-y 4._.F(.Ji1,r \) Li) /it _ . 1,/4� 7.. '', 1! [',A';_ .37 tc, /,/y ;-Q I, / sir'-4,`? 5. , •C -G ' l-elIiif '1/6 /- VC[` fi 6. )flS hi L.A,[ ,,.tl'. *Az� "ea n t� 7 a A,tc1,ac C�{� i'\,tsIhalos i e; $.1L100L-i u i I /21(9*' 8. C C - C,n j<:ntl0.,.,t. t i L"i tAtm,lv.:. tio Lox.jk..+al llt71Hlf 9.)- - . i r4 721r/a4a , lunclot.i/ 6Z lit divot. tit, i-eryf*jet-o i( . 10. il,..ffir-zx4. }ryt,ci,-,v ( PcrCz /e')-5'/4�r.-zedolcl_A/ Loit-i t itl//iL(/%� AL�r-t� rcrc touIo t\J4rr jZtva I _ f. T- ( 12./.s// tw yj 4.- n//!yc> 1/ab- 5 . t/hTT S:2od lii , [`ail!`2I f 6 13.� 1CABWile am L g 1 5 i (4,, 733 7-/o yr/�.t 4, . 1 1a1 I. , j. ,ai/-/-o9( 1 u cvrr<n. S cA,c49., \\Q v - r& ..c 3 3 / �//✓ i- f- {., Gt 7 c1. i/yC /. /6 15•;'i'7ap-ra ,,.er4 ,1�r\ACIA it ref'("Ph 633 :/�,.11 -/' [ i./•• 5'-.?f- 96" 16. L ma4 - Leis Acy SI- Lin j c/ 22 r6 17 i•/�p A'a p4=�E 7 6Q0 inARTia,'T L V t c"o 2,, -Q,.9b 1 . v /4 13 e/NA6,Acweati IAC M/YeOA✓tdJ^ t-r L f 9- ar.-46 19. Moil n icr cUever 1146 if)dcnn S4 • t4- n t/1_96, 20. /9,40- - - rrt$4'a' C. /0, l,. (gni c, eN / SOTo3 C' lcIyAt. -2 ?Lear2?_ cyc4, . 22.4 12pAep j ,SAL Pr-RFZ a Crnmfldis ' 4,o, ta9 , y ` 2-?6 23. nc /6'ol ewe -7.--‘,,,,, tu r. o 7y 67, ec n r [a 0 • ` -22--P6 24.(v1 .Ah1e5 �`I,•,,cnez Ma., -C-,rvel-e7 90Yt/m Ct I J -upabs L 71 -96 23, ✓ AP,A Pi.k1. ie. it )e3., J,e. ?o1.le 16 n1 /Fl.i c,c] -_ AY.A- /: 'V,n .il ,,4,r- y%C1 -/ G 26. wic 3�. au. Sc/7.,:7 30(a 0 L7 Khili 0GE pt-Loy •1 -02 - `j6 27. 0s3z' dRw`,kre >9R ,.sRc /240,(Izc' y/s s/--/p/ey e4 Ar) ym.,,/ 42 - %-22 9b 28. E -c -loSc/.q,1,-;,,e '03 9 C 4./?c%/e ,Oc-c'o, n 4/_ 7Z 2 . 7Ni4.,e;k. 1,/r.': Fig,,Jl'� rf__ /i/' a�DMav,c. Dior 4 z/ 22 `l4 30. t4vrt,/r cl-.nac2 AFFIDAVIT OF CIRCULATOR ATTACHED HERETO STATE OF COLORADO } }ss. AFFIDAVIT OF CIRCULATOR OF PETITION COUNTY OF WELD } THE UNDERSIGNED, being over the age of 21, and having been duly sworn upon oath, deposes and states that he has personally circulated the Petition to the Board of the Commissioners of Weld County regarding the application by El Chubasco, LLC for a liquor license at 3101 HWY 119 in Weld County, Colorado; that each signature on the Petition is the signature of the person whose name it purports to be; and that the affiant has not paid or will not in the future pay, and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing a signer to sign the Petition. FURTHER AFFIANT SAYETH NOT. Signature of Circulator Jose A. Villalobos Print Name 570 N 6th Aveni t Address Brighton, CO 80601 City State Zip (101) 659-3096 Telephone SUBSCRIBED and sworn to before me this '9(C day of 11) , 1996. Witness my hand and official seal. My commission expires: I I,2Il \-„,11/111u j 9/7 Ana/c IXotary Public PETITION TO: Board of Commissioners of Weld County RE: APPLICATION BY EL CHUBASCO, LLC FOR LIQUOR LICENSE AT 3101 HWY 119 IN WELD COUNTY, COLORADO THE UNDERSIGNED each being over the age of 21 years and a resident of Weld County, Colorado, hereby petition the Board of County Commissioners to approve the application for a liquor license by Gahino Guerrero-Cardenas and Jose Villalobos as managers of El Chubasco, LLC for the following reasons: 1. The managers of the applicant are of good moral character and will operate the bar according to the laws of the state of Colorado. 2. The establishment which the applicant proposes to open will be designed to cater to customers who are comfortable in an environment which is oriented to the Hispanic culture and where Spanish is the predominant language. 3. The location which the applicant has selected is located in a rural area of Weld County which is accessible to the Hispanic population which works in the rural areas of Weld, Boulder and Larimer Counties. There are no other establishments with liquor licenses in the area which meet the needs of the Hispanic residents to provide a gathering place for Hispanics which caters to the cultural environment in which they feel comfortable. The needs of the Hispanic population within the neighborhood and surrounding areas will be met by this establishment. Signature Print Name Address/City/State/Zip Date 1. C, — 9 � C ( s = // 2 7 ; rrL, )4A ,17& 4 3. LY v G. zy//.2909 mac.'./AV F//ufras,0 4-i!•7'G 4,, ' „t 7f ?o? /14fl'SaA/ ylY e- fr ivi'T'Y/"7 pl 5. Qs4 '✓Ix. .c;L (cU,tN4 cvnc L ! t Lc ritnc1erye- k,y1- Ice Oa� 49d•: C�r,. f� �yE-its. (br_W�,n (1 - •�«, c C-n 2/-a1`-9‘ 7. c'\e 60a4e2. ///D Loy;J�,. e 4. )k P4/I 1 to y' Z/ �‘C 8. a a4 .� , _ ei /lie(pc? /JPpck ak/'&,.G1'2 ( oJr/.I( >6 9. Caac/4/QPe «k,ni 96 k57 Lid.] C it d i2 AL,Asn, c�ia •6i, i. ,v., rct nQA 11. s ;', s ( ,,,i,sy_ Ss sss; Cliun , _ ce6 13) 1 CH iT ># s }1,7 Dc0A1 4O'oi v ), 12. o .1u...-.e6..4 Jovenacoi«.kao,,.l FSCG., I?R ,rck SI AI ? — Nciso+� b'e4�v. 13. /-uc-�icc��i-c% i3r't'ic5Af0 bm'clKF Z'oc Rll1Ch rt Az it r/oo1Sciv t/ t / jr 14. 4ae.„,..2- ,:G- .Yc.. F, — c6 f; r l'-0,/ h , )7 hit5ery clo&' 15. t/tha ( r/tON 6itii/�o Pro LoNstsicti ctFfIirfc. c Rnb21 4/;21'4a �4 . c29/A,: ris- vt- /4 !%1Ci6ec )(Ott fr %..nafm l gi, c / 17. I ��� c I - , - ) f ri-11 f . C k y / tG. 8. s , U le&; = /i AirG l L. sf-l1 k6 19., !• St:Ah:5)e.-. I I . o-c m t . S. > C/ 2 f-j 20 4 - i o - . . C • G, 6 V-et,4. 2 _ /1, ,y_Zed Y- 2 0 6 22 // � t P 5 j3// P2// c0 �'o//.( qat trLc ow,/ 2 .r•�iJ s✓,6 /it, e /. 'm yeL 2 (,—,gin/04i//!S C(Fe:' ( / y/e�`fe 24.-6 —4lmrC.S�+j E,� C ;.,c,az. q3.o /rol ion At/.y4/t egad/2tl it-el�tb 25.26. x7q/_,c1 < i,�, ,.., I6 " c I 6 r��r is: i ( �!/uptD4 6z( �9Z2 � 27. ALL i _i, ri / C L2`1 Iri...-,h „ h. c , , o t S C 28._� - v( tC-i- �asyv c, r<, c_ ,<. 7 (v• '-�-'t `I VA / 0E 1 r > G�_z'/ u :V i 29. c�e�wtLt u tic v1' w G° (q oui, a kJ 1— 7 r) CViFI� P. i fr 1, Oin 30. /% GCT./.n v.. /7,, r//Eb(7/iJir we/S'/'/ 6'a of-1( /4 t. / Z v.kj�ii// �0 b 7 ; 9/ AFFIDAVIT OF CIRCULATOR ATTACHED HERETO Yi STATE OF COLORADO ) }ss. AFFIDAVIT OF CIRCULATOR OF PETITION COUNTY OF WELD } THE UNDERSIGNED, being over the age of 21, and having been duly sworn upon oath, deposes and states that he has personally circulated the Petition to the Board of the Commissioners of Weld County regarding the application by El Chubasco, LLC for a liquor license at 3101 HWY 119 in Weld County, Colorado; that each signature on the Petition is the signature of the person whose name it purports to be; and that the affiant has not paid or will not in the future pay, and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing a signer to sign the Petition. FURTHER AFFIANT SAYETH NOT. 'g . Signature of Circulator Rosa Villalobos hint Nome 570 N 6th n`&nn Address Brighton, CO 80601 City Stale TOP (3031 659-3096 Telephone SUBSCRIBED and sworn to before me this C9(c day of r 111A�k 1996. Witness my hand and official seal.tl My commission expires: (Li) 1,1') I a ci dVbtary Public J PETITION TO: Board of Commissioners of Weld County RE: APPLICATION BY EL CHUBASCO, LLC FOR LIQUOR LICENSE AT 3101 HWY 119 IN WELD COUNTY, COLORADO THE UNDERSIGNED each being over the age of 21 years and a resident of Weld County, Colorado, hereby petition the Board of County Commissioners to approve the application for a liquor license by Gabino Guerrero-Cardenas and Jose Villalobos as managers of El Chubasco, LLC for the following reasons: 1. The managers of the applicant are of good moral character and will operate the bar according to the laws of the state of Colorado. 2. The establishment which the applicant proposes to open will be designed to cater to customers who are comfortable in an environment which is oriented to the Hispanic culture and where Spanish is the predominant language. 3. The location which the applicant has selected is located in a rural area of Weld County which is accessible to the Hispanic population which works in the rural areas of Weld, Boulder and Larimer Counties. There are no other establishments with liquor licenses in the area which meet the needs of the Hispanic residents to provide a gathering place for Hispanics which caters to the cultural environment in which they feel comfortable. The needs of the Hispanic population within the neighborhood and surrounding areas will be met by this establishment. Si nature Print Name Address/City/State/Zip Date 1 ton maid, gSLr�a $n>;t-�-ab-4& .L r 2�. fP('rWr .i A,� � Art; � J.C(1 YYIHr `n ('11Qi \lt�n(�rw3a �l-�;21v�(e 3 Jesntint 1-Afrg / ic4) ytb /{vc40 ,:,S,Mo,(f` ' isFlo _ 96 / r � 4. / ". r7.nr 'i llr el/7./�ii LC[J(> !r/��,�'T/:J `, / ? i �e9y�v;u�{ � y` 5. C S fi4rGarF O Gct `qy- �ovF/0 Goo c(,-no..-r q /off /a..Q mur ' Q 6 `7e 7. � yo t�l Q r J,/• Z ?` p q' 9. ' 'rah Ce(e - VOL: I M I 17 Zion' L f-,) ) 7(0 �� 1o. z�Jtc«" N✓1 fT<l:d/'r✓d'ra /P,, Gx 41 r9 <../.✓ 1.73 Ls.,7✓-^a% 't- 77G 11. E an, r / Mai-l;me /I., tr/ me .;v y�aat, Lonyegi 12. _; // y1 Alp' P /ie' LGitzrp,,; 13. 0,9 1 .e6 ' :L L !/r t.'x. /ild i �'� 0-1cNr f, in " D` ' 7/4` 14 _�. . oiR._ �Y, _ In ire Ito •` / t2r�thtn��'� ` dit 15. . rir r -S'+ !! t l/l./8/rT /&/U . 4 /n n/rr/ na f( 16. �O dw,yv /''lar,c.e/ D� I(OUA tlucin .�#10U&4ma (U . ogbwe 17. E �► •. ,UZ J 12, S Ht A17 1b41 Mk/q c f ADO 7� `(£ 18.Tory y f� C To/v I A- �' 1, rn , sf . ita3o vtr%7 6 19. fo t ° fALa-A' ,To»e ipla/vit-/-- (IV\4r..�,r "s /�}D o9/>7/ci-b 20 _.(1�_i3€ 31_T/Zf C�yc BEt + � C r:�;tJA-�1C)`1.1 ill@(1 O � j�/c�b 21.,g0 au C 2-07 .1/ CJZO?_- 1� (Sin cr *TAD Lxd� Il d 22. (Z%�i-C cif-1 Q J Ja 42Ct/-1 7)�a to wto Ind /S i TK/ 7 7/41, 2 lecoS eineu>-) 01,11 - 1 e-kt_� • a' aiIsn/qb 24.K1i,s41, 3t �iS '� ►Kcli�`ltc.x i1 �� (-c .� - x'L ��rnC '�� :1 L/ "•E. _'14 25. 2,1 t' Yif ae,1. ir�a fE //t/,/°J �_'� '�Yy/� %ridrr i.. ..,cent -..&r-2 26. ,< J PSS/ra l N E i /1 /5 y /. titer- L:rryntu, f `{ 41-9C.. 27.E ,� -� T€Gfl c\` ' ' L - 1-( �` fingn g -(76 • 28. / � (,1j//sc../_� / 7 S 6 '%i c /lt, ..g V., i i - -7c/ 29. 7f"ey O- 'wt.,Pit' I 7 Y i /d 1 8: . ,if-7 wy.,;/ eel,- el 30. AFFIDAVIT OF CIRCULATOR ATTACHED HERETO STATE OF COLORADO } }ss. AFFIDAVIT OF CIRCULATOR OF PETITION COUNTY OF WELD } THE UNDERSIGNED, being over the age of 21, and having been duly sworn upon oath, deposes and states that he has personally circulated the Petition to the Board of the Commissioners of Weld County regarding the application by El Chubasco, LLC for a liquor license at 3101 HWY 119 in Weld County, Colorado; that each signature on the Petition is the signature of the person whose name it purports to be; and that the affiant has not paid or will not in the future pay, and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing a signer to sign the Petition. FURTHER AFFIANT SAYETH NOT. • Signature ofChvmletor Print Name Address City State Zap Tet.:,hone SUBSCRIBED and sworn to before me this day of , 1996. Witness my hand and official seal. My commission expires: Notary Public NOTICE DOCKET NO. 96-23 PURSUANT TO THE LIQUOR LAWS OF THE STATE OF COLORADO, EL CHUBASCO, 3101 HIGHWAY 119, LONGMONT, COLORADO 80504, HAS REQUESTED THE LICENSING OFFICIALS OF WELD COUNTY, COLORADO, TO GRANT A TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR CONSUMPTION BY THE DRINK ON THE PREMISES ONLY. DATE OF APPLICATION: APRIL 4, 1996 THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO, HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: Northern boundary of Sections 3 and 4; eastern boundary of Sections 3 and 10; southern boundary of Sections 9 and 10; and western boundary of Sections 4 and 9, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado THE HEARING ON SAID LICENSE WILL BE HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, COLORADO, ON MONDAY, APRIL 29, 1996, 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 IN ORDER TO PARTICIPATE IN THIS HEARING AS A RESULT OF A DISABILITY. 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. DATED AT GREELEY, COLORADO, THIS 10TH DAY OF APRIL, 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K. MILLER DEPUTY CLERK TO THE BOARD PUBLISHED: April 18, 1996, in the North Weld Herald 960616 AFFIDAVIT OF PUBLICATION STATE OF COLORADO NOTICE Ss. DOCKET NO.96-23 COUNTY OF WELD PURSUANT TO THE LIQUOR LAWS OF THE I, Bruce J. Bormann, of said County of Weld, being duly STATE OF COLORADO, EL CHUBASCO, sworn, say that I am Publisher of 3101 HIGHWAY 119, LONGMONT, COL- ORADO 80504,HAS REQUESTED THE LI- CENSING OFFICIALS OF WELD COUNTY, THE NORTH WELD HERALD COLORADO,TO GRANT A TAVERN LIQUOR LICENSE, WITH EXTENDED HOURS, FOR a weeklynewspaper havinga general circulation in said CONSUMPTION BY THE DRINK ON THE PREMISES ONLY. County and State, published in the Town of Eaton, in said DATE OF APPLICATION:APRIL 4,1996 County and State; and that the notice, of which the annexed is THE BOARD OF COUNTY COMMISSION- a true copy, has beenpublished in said weeklynewspaper for COMMISSION- ERS OF WELD COUNTY,COLORADO,HAS DECLARED THAT THE NEIGHBORHOOD TO BE SERVED WILL BE AS FOLLOWS: (MI successive week(s), that the notice was published Northern boundary of Sections 3 in the regular and entire issue of every number of the paper and 4; eastern boundary of Sec- tions 3 and 10; southern bound- during the period and time of publication, and in the ary of Sections 9 and 10; and western boundary of Sections 4 newspaper proper and not in a supplement, and that the and 9, all in Township 2 North, Range 68 West of the 6th P.M., publication of said notice: Weld County, Colorado I� e/•/ THE HEARING ON SAID LICENSE WILL BE 7I(I — .J��/d s—a YV 7 -c23 HELD IN THE FIRST FLOOR ASSEMBLY ROOM, WELD COUNTY CENTENNIAL CENTER, 915 10TH STREET, GREELEY, was in said newspaper bearing the date(s) of: COLORADO,ON MONDAY,APRIL 29,1996, AT9:o0A.M. Thursday,the / 3- day of Y ) , 1996 PLEASE CONTACT THE CLERK TO THE BOARD'S OFFICE AT PHONE (970) 356- 4000,EXTENSION 4226,OR FAX(970)352- Thursday,the day of , 1996 0242 PRIOR TO THE DAY OF THE HEAR- ING SO THAT REASONABLE ACCOMMO- DATIONS CAN BE MADE IF, IN ACCOR- Thursday, the day of , 1996 DANCE WITH THE AMERICANS WITH DISABILITIES ACT, YOU REQUIRE SPE- CIAL ACCOMMODATIONS IN ORDER TO Thursday,the day of , 1996 PARTICIPATE IN THIS HEARING AS A RE- SULT OF A DISABILITY. PETITIONS AND REMONSTRANCES MAY and that the said THE NORTH WELD HERALD has been BE FILED 1N THE OFFICE OF THE CLERK published continuously and uninterruptedly for the period of 52 TO THE BOARD OF COUNTY COMMIS- SIONERS LOCATED IN THE WELD consecutive weeks, in said County and State, prior to the date COUNTY CENTENNIAL CENTER,915 10TH STREET, THIRD FLOOR, GREELEY, COL- of first publication of said notice, and the same is a newspaper ORADO. DATED AT GREELEY, COLORADO, THIS within the meaning of an Act to regulate printing of legal 10TH DAY OF APRIL,1996. notices and adve i ments, approve y 18, 1931, and all BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO prior acts so far force. BY: DONALD D.WARDEN WELD COUNTY CLERK TO THE BOARD BY: SHELLY K.MILLER g CJ, gQRMANN, PUBLISHER DEPUTY CLERK TO THE BOARD PUBLISHED:-April 18, 1996, in 1 the North Weld Herald ; 7 Publication Cost: $ 7. °Y pile- Subscribed and sworn to before me •' ��t this FO t-A day of April, 1996 tt ERIKA C. t ���//��� BAGLEY I S Jl�/CLL Cam• " tY/t£Cnr ' - per: ERIKA C. BAGLEY, NBTAR PUBLIC �- JF-O .... ••ti�Q?; My commission expires October 21, 1999 COS WELD COUNTY ATTORNEY'S OFFICE 164;teN::, PHONE: (970) 356-4000, EXT. 4391 FAX: (970) 352-0242 915 TENTH STREET GREELEY, COLORADO 80632 11111111C May 1, 1996 COLORADO Thomas Houtchens, Esq. 1007 9th Avenue Greeley, CO 80631 RE: Draft Resolution for El Chubasco, LLC, Tavern Liquor License and Application for Dance Hall License Dear Tom: Enclosed please find the following: A. A copy of a draft Resolution for the issuance of a tavern liquor license to El Chubasco, LLC. B. An application for License to Conduct Public Dance or Dances in Weld County, Colorado. Please review the conditions stated in the draft Resolution and let me know if you have any objection to them as written. It is my understanding that you will complete the application for the dance hall license and submit that on behalf of the applicant. The application should be submitted to the Clerk to the Board of County Commissioners of Weld County, Colorado. I have received a copy of an agreement in which Isauro Chavez consents to the assignment of the lease from Gabino Guerrero and Jose Villalobos to El Chubasco, LLC. Isauro Chavez is named as the lessor in the lease; however, both Helen and Isauro Chavez are listed in the deed as the owners, in joint tenancy, of the property. I think Helen needs to submit to the County a consent to the lease and to the assignment. In the alternative, Isauro could submit an assignment of an undivided one-half interest in the lease to Helen. Thomas Houtchens, Esq. May 1, 1996 Page 2. If you should have any questions or comments, please feel free to call me at (970) 356-4000, extension 4390. Sincerely, Bruce T. Ba er Weld County Attorney BTB/db:Let/Tom Enclosures pc: Clerk to the Board April 27, 1996 Dear Mr. Houtchens I 'm sorry I was not home to receive your phone call. I did however receive your letter late Saturday evening. I read your letter and you state that you need an extension on the lease contract of said location, 3101 Hwy. 119 . In order , to meet the requirements of the Colorado Liquor Code, which provide that the applicants must have a lease for no less than one year from the date that their license is approved. I will grant the lease extension immediately upon request of the Liquor Board. On such short notice that you have given me, it leaves me no time to do anything else. I hope this letter will help you. Sincerely, -L.Eu/ GCS a ZZlsurFo Chavez vez Ii EXHIBIT g L-li vim .— • CtD 11/1 OFFICE OF BOARD OF COUNTY COMMISSIONERS PHONE(303)356-4000, EXT.4200 wii, D' FAX(303)352-0242 P.O. BOX 758 C GREELEY,COLORADO 80632 COLORADO• April 24, 1996 Thomas Houtchens, Esq. 1007 9th Avenue Greeley, CO 80631 RU: Report of Investigation - El Chubasco Dear Mr. Houtchens: This letter is written pursuant to the requirements of Section 12-47-137 (1), C.R.S., concerning the tavern liquor license application of El Chubasco, L.L.C. On Monday, April 22, 1996, I visited the premises of the proposed El Chubasco, 3101 Highway 119, Longmont, Colorado_ During my visit, I observed the following: 1. The proposed El Chubasco is not connected to a different liquor licensed premises and, therefore, does not share a common entrance with another licensed premises. Such common entrances are prohibited by Section 12-47-106 (3), C.R.S. 2. The diagram of the proposed El Chubasco as submitted by the applicant correctly shows the premises. 3. The only other liquor licensed establishments which are nearby are located at the intersection of Colorado State Highway 119 and 1-25. It is my understanding that a liquor licensed establishment in Mead, Colorado, has been closed by the Town of Mead. 4. No public or parochial school, or principal campus of any college, university, or seminary is located within 500 feet of the proposed El Chubasco, as prohibited by Section 12-47-138 (1)(d) (I), C.R.S. 5. A sign providing notice of the Board of County Commissioners Hearing set for April 29, 1996, was placed in plain view and was posted near the front door of the proposed El Chubasco. Letter, Houtchens April 24, 1996 Page 2 6. The proposed El Chubasco has minimal capability for heating sandwiches and other foods, as required by Section 12-47-119.5(1),C.R.S. No stove or oven is located in the premises. There is a small microwave in the building. If you should have any questions regarding this letter, please feel free to telephone Bruce T. Barker, Weld County Attorney, at(970) 356-4000, ext. 4390. Sincerely, (72 Connie Harbert Weld County Commissioner CH/lm:Let/Elchubas pc: Bruce Barker Clerk to the Board
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