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Home My WebLink About20251361.tiffResolution Acknowledge Colorado Liquor Sales Room Application and Authorize Chair to Sign — Kingman Enterprises, Inc., dba Kingman Estates Winery 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, Colorado Liquor Sales Rooms are under the sole jurisdiction of the Colorado Department of Revenue, Liquor Enforcement Division, pursuant to C.R.S. §44-3-202 and Regulation 47-428, 1 C.C.R. 203-2; however, applicant(s) are required to submit a copy of their application and associated materials to the local licensing authority for review, and Whereas, Kingman Enterprises, Inc., dba Kingman Estates Winery, presented to the Board an application for a Colorado Liquor Sales Room for a Limited Winery, subject to the rules and regulations found in Article 3, Title 44, C.R.S., for comment upon whether or not the Board has an objection to the issuance of said Colorado Liquor Sales Room, and Whereas, Kingman Enterprises, Inc., dba Kingman Estates Winery, is duly licensed as a Limited Winery by the Colorado Department of Revenue, and Whereas, the proposed Colorado Liquor Sales Room is located outside the corporate limits of any town or city in the County of Weld at the location described as follows: Kingman Estates Winery, 7865 County Road 2, Brighton, Colorado 80603; being further described as part of the SE1/4 of Section 32, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Whereas, Weld County departmental staff reviewed said application and indicated no concerns or objections to the issuance of the Colorado Liquor Sales Room, and Whereas, the Board is unaware of any past violations of the Colorado Liquor Code, Colorado Liquor Rules, or violations of local laws or ordinances at 7865 County Road 2, Brighton, Colorado 80603, or by Kingman Enterprises, Inc., dba Kingman Estates Winery, and Whereas, the Board has no reason to believe that issuance of said Colorado Liquor Sales Room will result in violations of the Colorado Liquor Code, Colorado Liquor Rules, or the laws or ordinances of Weld County. Now, therefore, be it resolved that the Board of County Commissioners of Weld County, Colorado, having examined said application does hereby declare that it has no objection to the Colorado Department of Revenue granting a Colorado Liquor Sales Room to Kingman Enterprises, Inc., dba Kingman Estates Winery, for a Limited Winery, at retail at said location, provided that said licensee operates in strict conformity to all of the laws of C.C.'. L. E D 1APPL 1 cz-Ep 2025-1361 cis ► ►9 ias c- c- %.,(.Rs1 se ls') LC0022 C.A lt..cl Ds PA las Colorado Liquor Sales Room Application — Kingman Enterprises, Inc., dba Kingman Estates Winery Page 2 the State of Colorado and Weld County, and the rules and regulations relating thereto, per Article 3, Title 44, C.R.S., and any violations thereof shall be cause for revocation of the Colorado Liquor Sales Room. Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign said application. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 19th day of May, A.D., 2025: Pert' L. Buck, Chair: Aye Scott K. James, Pro-Tem: Aye Jason S. Maxey: Aye Lynette Peppler: Aye Kevin D. Ross: Aye Approved as to Form: Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2025-1361 LC0022 to sir pin - t C0LCSO lDitna tutMo cis Maw: }r 'Ciao Ple tare . A Application for Colorado Liquor Sales Room Reguta on 47423. C C Re 203.1 iype of Sales aka Igin - -4-4.....1.1.-••••••••••••••• p O Temporary t3 days of • it M ha* of Award essati Iar etc ► x� .�r nee �. trait td‘ I n Ana a ,‘.4 R• rf :1"%fr4tr 5or Sas Tip iliturtibler 560933- coo° Se a O w s, . 5/1 /z 5 'ram._ ref c') ►.~ -1 r 1« S rt„),is,t f�� tei#itiing Addr'Pit1 pipit myritsAtis } 7c - c_ T 3ti Phona Witorbee Stern Address r i Sow bP Caw �.._.......w.k.• - 1'• SEW _ K.' ire z� c: ap �a:in ROOM Addree r I . t - SC tai: pips ` O 7 Pahl of events From Date Time OA OP To Date Time O Am O Pit K the event is occurring on the same day during the events tine period reported, select the day(s) below. ❑ Sunday ❑ Mousey ❑ Tuesday ❑ Wednesday ❑ Thursday ❑ Friday ❑ Saturday Rights b Premises Chanted by_ (attach a copy of the Premien Use Aulhorltabon bear or bade d not previously submitted) f Renting Leasing Percent Basis: Oyes O No K Yes, List Percent and Interested Party. Use Additional Sheet W Necsesary f Alcohol wiN be sold (check all that appy)- ❑ For on -premises consumption (d selected places fie this appicatron with the Local Licensing Authority and the State licensing Authonty) ❑ For OA -premises consumption The Sales Room Applicant affirms they have complied with local zoning restricbons? O Yes O No Additional Required Documents 171 Attach an outlined diagram of proposed premises. yi Attach a copy or the premises control plan describing how the premises will be controlled to ensure compliance with lquor cods and mules. It must include minding sales b nwuors and visibly intoxicated persons and rump that customers cannot bare the premises with an open container of alcohol Attach a'copy of any contracts and/or operabng agreemerks mealier* b the sales room Local L. *e t yAd C��e thority Nwne Z rL- t?) occf d — C 631•)(-c 1 Dies Appiaibon Copy Submitted to Local Liosrwn➢ Auto,* I o'i /l 12025 OR p6, 103131251 RECEIVED APR 2 1 2025 WELD COUNTY COMMISSIONERS 1 N. 7d3 Qat t 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. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor, Beer and Wine Code and Liquor Rules which affects my permit. Date (liO DDNY) 1 [ oti lwz s I Notice to Local Licensing Authott This application for a Sates Room will be granted to the above name applicant unless any of the below fisted conditions apply. g any of these conditions apply please contact the State Licensing Authority immediately Issuance of this permit would impact traffic, noise. or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances. • If granted this permit would result in violations of the Colorado liquor code or the taws of the local government. (spear). ▪ Issuance of this permit would violate tocal zoning taws_ For events lasting three consecutive days or less, the local Licensing Authority has ten (10) business days to submit its determination to the State Licensing Authority. For events last lg four or more consecutive days, the Local Licensing Authority has forty-five (45) days to submit its determination to the State Licensing Authority. Local Licensing Authorities can send the approval via mail or email to dor_liglicensing0)state.co.us if the Local Licensing Authority does not submit a response or determination within the time specified, the State Licensing Authority shall deem that the Local Licensing Authority has determined that the proposed sales room will not impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordi antes or that the applicant will sufficiently mitigate any impacts identified by the Local Licens 1 Uoensi Autfi. S"•nature ` \�`�� Date PA/DONY ILeah Flesner, Deputy Clerk to the Board Phone Number I(970)400-4227 O °bled ►=i Do Not Object If the Local Licensing Authority objects to the sales room, provide a separate page with details of the objection. DR 1057 (03!31,21) Ppe3ofS OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Kingman Enterprises, Inc is a Corporation formed or registered on 04/21/2011 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20111239510 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 04/23/2025 that have been posted, and by documents delivered to this office electronically through 04/24/2025 @ 15:42:54 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 04/24/2025 @ 15:42:54 in accordance with applicable law. This certificate is assigned Confirmation Number 17238350 . N1/2-04416 Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's website is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's website, https://w►nv coloradosos.go►• bi_icerti/rcateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merei optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website, Imps:" www.coloradosos.gov coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." �-F�teat Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.coloradosos.gov. Colorado Secretary of State Date and Time: 12/13/2022 09:18 AM ID Number: 20111239510 Document number: 20228210841 Amount Paid: $100.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Conversion filed pursuant to § 7-90-201.7 (3) of the Colorado Revised Statutes (C.R.S.) 1. For the converting entity, its ID number (if applicable), entity name or true name, form of entity, jurisdiction under the law of which it is formed, and principal address are ID number Entity name or true name Form of entity Jurisdiction Street address 20111239510 (Colorado Secretary of State ID number) Kingman Enterprises, LLC Limited Liability Company Colorado 6785 County Road 2 (Street number and name) Brighton (City) (Province — if applicable) Mailing address 14550 Akron Street (leave blank if same as street address) (Street number and name or Post Office Box information) CO 80603 (State) (ZIP/Postal Code) United States (Country) Brighton (City) (Province — if applicable) 2. The entity name of the resulting entity is Kingman Enterprises, Inc (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 3. The converting entity has been converted into the resulting entity pursuant to section 7-90-201.7, C.R.S. 4. (If applicable, adopt the following statement by marking the box and include an attachment.) This document contains additional information as provided by law. 5. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) CO 80602 (State) (ZIP/Postal Code) United States . (Country) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format) The delayed effective date and, if applicable, time of this document are 01/01/2023 (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that such document is COMB_CONV_PC Page 1 of 2 Rev. 12/01/2012 such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is identified in this document as one who has caused it to be delivered. 6. The true name and mailing address of the individual causing this document to be delivered for filing are Kingman Douglas Ronald (Last) (First) (Middle) (Suffix) 14550 Akron Street (Street number and name or Post Once Box information) Brighton CO 80602 (City) (State) (Z/P/Postal Code) United States . (Province— if applicable) (Country) (If applicable, adopt the following statement by marking the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). CoMB_CONV_PC Page 2 of 2 Rev. 12/01/21112 �-FNed Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.coloradosos.gov. Colorado Secretary of State Date and Time: 12/13/2022 09:18 AM ID Number: 20111239510 Document number: 20228210841 Amount Paid: $100.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Incorporation for a Profit Corporation filed pursuant to § 7-102-101 and § 7-102-102 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name for the corporation is Kingman Enterprises, Inc (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the corporation's initial principal office is Street address 6785 County Road 2 (Street number and name) Brighton CO 80603 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) Mailing address 14550 Akron Street (leave blank if same as street address) (Street number and name or Post Office Box information) Brighton CO 80602 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the corporation's initial registered agent are Name (if an individual) Kingman Douglas Ronald (Last) (First) (Middle) (Suffix) or (if an entity) (Caution: Do not provide both an individual and an entity name) Street address 14550 Akron Street Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Brighton CO 80602 (City) (State) (ZIP/Postal Code) (City) CO (State) (ZIP/Postal Code) ARTINC_PC Page 1 of 3 Rev. 8/5/2013 (The following statement is adopted by marking the box) © The person appointed as registered agent above has consented to being so appointed. 4. The true name and mailing address of the incorporator are Name (if an individual) Kingman Douglas Ronald (Last) or (if an entity) (First) (Middle) (Sufi) (Caution: Do not provide both an individual and an entity name) Mailing address 14550 Akron Street (Street number and name or Post Office Box information) Brighton CO 80602 (City) (State) (ZIP/Postal Code) United States . (Province - if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The corporation has one or more additional incorporators and the name and mailing address of each additional incorporator are stated in an attachment. 5. The classes of shares and number of shares of each class that the corporation is authorized to issue are as follows. Q The corporation is authorized to issue 100 common shares that shall have unlimited voting rights and are entitled to receive the net assets of the corporation upon dissolution. OInformation regarding shares as required by section 7-106-101, C.R.S., is included in an attachment. 6. (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 7. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are 01/01/2023 (mm/dd/yyyy hour: minute ant/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. ARTINC_PC Page 2 of 3 Rev. 86/20U 8. The true name and mailing address of the individual causing the document to be delivered for filing are Kingman Douglas Ronald (Last) (First) 14550 Akron Street (Middle) (Suffix) (Street number and name or Post Office Box information) Brighton CO 80602 (City) (Province — if applicable) (State) (ZIP/Postal Code) United States . (Country) afthe following statement applies, adopt the statement by marla'ng the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTINC_PC Page 3 of 3 Rev. 8/5/2013 Kingman Property management LLC 7865 County Road 2, Brighton CO 80603 State of Colorado Rev. 1343D17 COMMERCIAL LEASE AGREEMENT This Commercial Lease Agreement (this "Agreement") is made this 01 day of May, 2024, by and between Kingman Property Management LLC, an entity located at 7865 County Road 2, Brighton, CO 80603 ("Landlord") and Kingman Enterprises, Inc., an entity located at 7865 County Road 2, Brighton, CO 80603 ("Tenant'). In consideration of the mutual covenants herein contained, the parties agree as follows: 1.Premises Leased. The Premises leased shall consist of Land, Commercial Building, and a Single Family Residence in the complex (the "Real Property") located at 7865 County Road 2, Brighton, CO 80603, as shown on the property map attached as Exhibit A. A) Size of Premises. The Premises consists of approximately seven and a quarter (7.25) acres containing a single family residence, a commercial building, and various out-buidings which comprise 100% of the total leasable area. The square footage of the commercial building is five thousand and four hundred (5,400) square feet and shall be determined by measuring from the outside of al exterior walls. B) Parking Spaces. Tenant, including its guests, employees, agents, and customers, has the right to use any parking space(s) located in the surface parking lots on a reasonable non-exclusive first -come, first serve basis. Tenant accepts and understands that parking privileges granted are personal to the Tenant and such parking privileges may not be assigned or sublet. Tenant will not pay Landlord a fee for the use of such parking privileges. 2. Agreement to Lease. Landlord agrees to lease to Tenant and Tenant agrees to lease from Landlord, thePremises according to the terms and conditions of this Agreement. 3. Term of Lease. The term of this Agreement shall commence on May 01, 2024 ("Commencement Date") and ending at midnight on May 31, 2032 ("Termination Date"). A) Renewal. Provided Tenant is not in default in the performance of this Agreement, Tenant shall have the option to renew this Agreement for an additional five (5) year term(s) commencing on the Termination Date by providing notice as described in subsection B herein. All of the terms and conditions of this Agreement shall apply during each renewal term, except that the Base Rent shall be increased by 15% each renewal term. B) Notice of Renewal. The option to renew this lease pursuant to subsection A above shall be exercised by providing written notice given to Landlord not less than ninety (90) days prior to the Termination Date. If written notice is not given in the manner provided herein within the time specified, this option shall lapse and expire. Commercial Lease Agreement (Rev. 1343D17) 1 / 14 4. Rental Terms. With respect to the terms of the rental: A) Base Rent. Tenant shall pay to Landlord, from the Commencement Date and throughout the term of this Agreement, $6,000.00, payable on a monthly basis ("Base Rent"). Base Rent is due no later than the 5th day of the payment period. Base Rent is payable by check mailed to Landlord at the address stated above, or as otherwise agreed upon by the parties. B) Operating Cost. Landlord shall pay all Operating Cost on the Real Property. "Operating Cost" means the total cost and expense incurred in operating, managing, insuring, equipping, lighting, repairing, maintaining and policing the Real Property, including the exterior of the Real Property and the common areas, and specifically including, without limitation, items of expense for or related to: insurance premiums and deductibles, management, bookkeeping. C) Taxes. Landlord shall pay all real estate taxes and assessments levied against all or any part of the Premises, the Real Property, and the improvements thereon. D) Payment of Rent. Base Rent and Operating Cost under this Agreement may collectively be referred to as "Rent" or "Rents." All Rents shall be made payable to Landlord and delivered to the address stated above or to another address as Landlord may designate upon reasonable notice to Tenant. E) Partial Payments. Any partial payments shall be applied to the earliest installment due, and no endorsement or statement on any check or any letter accompanying any check or payment as to same shall be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such installment and any other amounts then due or to pursue any other remedy of Landlord set forth in this Agreement. F) Past Due Payments. If any amount due under this Agreement remains unpaid fifteen (15) days after it is due, a late charge equal to 5% of the monthly rent ("Late Charge"), not to exceed the maximum amount allowed by law, shall be paid by Tenant to Landlord until such time as Tenant is current on all amounts due Landlord (including all Late Charges). In the event Landlord receives a payment from Tenant which is returned for insufficient funds, Landlord may, without limiting Landlord's other remedies, charge Tenant a fee in the amount of $35.00 to cover Landlord's overhead and administrative expenses and/or require that all payments thereafter be bank certified or cashier's checks. In addition, all service charges from Tenant's financial institution due to non -sufficient funds shall be paid by Tenant. G) Security Deposit. Tenant shall, at the time of executing this Agreement, deposit with Landlord as a security deposit the sum of $6,000.00, which amount shall serve as security for the full performance of the obligations and covenants of Tenant under this Agreement. Such deposit shall not accrue interest for Tenant, shall not be considered a Rental payment, final or otherwise, and shall not be considered to limit or relieve Tenant from any obligation or liability to Landlord. In the event of a default by Tenant under the terms of this Agreement, Landlord may apply such deposit toward the cure of such default without notice to Tenant. Upon complete performance by Tenant of all its obligations under or with respect to this Agreement, any remaining portion of such deposit to which Commercial Lease Agreement (Rev. 1343D17) 2/14 Tenant is entitled shall be refunded to Tenant. Landlord may transfer the security deposit to any purchaser of Landlord's interest in the Premises, in which event Landlord shall be discharged from any further liability with respect to such deposit and Tenant will look solely to the purchaser of Landlord's interest for any return of said deposit. H) Holding Over. If Tenant remains in possession of the Premises after the expiration of the initial Lease Term or any renewal Term without the execution of a new lease, it shall be deemed to be a tenant from month -to -month, subject to all conditions, provisions and obligations of this Agreement insofar as the same are applicable to a month -to -month tenancy except that the Base Rent shall be two (2) times the Base Rent applicable immediately prior to the expiration of the Term. 5. Use, Occupancy and Condition ofPremises. With respect to use and occupancy: A) Use and Occupancy. Tenant shall use and occupy the Premises for the commercial purpose of commercial winery, packaging wine, tasting room, event center and related activities. ThePremises shall be used for no other purpose without the advance written consent of Landlord. Tenant shall operate thePremises in a clean and dignified manner and in compliance with all applicable laws, regulations, rules, and ordinances. Tenant shall provide its own janitorial services. Tenant shall use thePremises for no unlawful purpose or act; shall commit or permit no waste or damage to thePremises; shall, at Tenant's expense, comply with and obey all applicable laws, regulations, or orders of any governmental authority or agency; shall not do or permit anything to be done in or about thePremises which will in any way obstruct or interfere with the rights of other tenants or occupants of the Real Property; and shall comply with all the rules and requirements promulgated by Landlord with respect to the Real Property, as the same may be amended from time to time. Tenant agrees as follows: I. All loading and unloading, delivery and shipping of goods shall be conducted in such areas and through the entrances designated by Landlord. II. No window coverings, such as curtains, blinds or shades, shall be placed on the windows ofPremises unless approved by Landlord. III. No smoking in thePremises or within fifteen (15) feet or any doorway. IV. All garbage and refuse shall be kept in the size and kind of container, and in a location approved by Landlord. Tenant shall not burn any trash or garbage in or about the Real Property. V. No aerial, loudspeaker, satellite dish, sound amplifier, equipment, displays, or advertising shall be erected on the roof or exterior walls of thePremises, or on other areas of the Real Property without the prior written consent of Landlord. VI. No loudspeaker, television, phonograph, juke -box, radio, or other device shall be used in a manner so as to be heard other than by persons who are within thePremises without the prior written consent of Landlord. Commercial Lease Agreement (Rev. 1343D17) 3/14 VII. No activity will take place on thePremises or common areas which shall cause any odor which can be smelled other than by persons who are within thePremises. VIII. Tenant shall keep the commercial building and the single family residence at a temperature sufficiently high to prevent freezing of water in pipes and fixtures. IX. Tenant shall not permit or place any obstructions or merchandise in any common areas, including but not limited to, corridors, all sidewalks in front of, on the side of, or in the back of thePremises. X. The plumbing facilities in thePremises shall not be used for any purpose other than that for which they are constructed, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage, or damage resulting from a violation of this provision shall be borne by Tenant. Tenant shall be responsible for the proper and lawful disposal of all cooking grease used within thePremises. XI. Tenant shall keep all windows, window sills, window frames and exterior signs of thePremises clean. XII. No merchandise shall be stored in thePremises except that which Tenant is selling in the normal course of business in, at, or from thePremises. XIII. No auctions or tent sales shall be held within thePremises or on or within any portion of the Real Property, except with the prior written consent of Landlord. XIV. Landlord shall have the right to prohibit the continued use by Tenant of any unethical or unfair method of business operation, advertising or interior display if, in Landlord's opinion, the continued use thereof would impair the reputation of the Real Property as a first class facility or is otherwise out of harmony with the general character thereof, and upon notice from Landlord shall forthwith refrain from or discontinue such activities. XV. Tenant shall keep thePremises (including without limitation, exterior and interior portions of all windows, doors and all other glass) in a neat, clean and sanitary condition, free of all insects, rodents, vermin and pests of every type and kind. XVI. Tenant shall not use thePremises for any purpose or business which is noxious or unreasonably offensive because of the emission of noise, smoke, dust or odors. XVII. Tenant shall keep the entry ways and sidewalk/walkway in front of the Premise clear of all debris, trash and litter, and shall keep the same swept, maintained and snow and ice removed therefrom. B) Environmental Restrictions. Tenant shall not use thePremises for any activities involving, directly or indirectly, the use, generation, treatment, storage or disposal of any hazardous or toxic chemical, material, substance or waste ("Hazardous Material"), and that thePremises will be used only in Commercial Lease Agreement (Rev. 1343D17) 4/14 compliance with any and all environmental laws, rules and regulations applicable thereto. Landlord shall have the right, but not the duty, to inspect thePremises and conduct tests thereon should Landlord have a reasonable belief there is Hazardous Material on thePremises. In the event tests indicate the presence of such Hazardous Material, and Tenant has not removed the Hazardous Material on demand, Landlord shall have the right to immediately enter thePremises to remedy any contamination found thereon. In exercising its rights herein, Landlord shall use reasonable efforts to minimize interference with Tenant's business, but such entry shall not constitute an eviction of Tenant, in whole or in part, and Landlord shall not be liable for any interference, loss, or damage to Tenant's property or business caused thereby, provided such contamination is not caused by or the result of Landlord's actions, or the actions. If any lender or governmental agency shall ever require testing to ascertain whether there has been a release of Hazardous Material, then the reasonable costs thereof shall be reimbursed by Tenant to Landlord upon demand as additional Rent if such requirement arose because of Tenant's storage or use of Hazardous Material on thePremises. Tenant shall execute affidavits, representations and the like from time to time, at Landlord's reasonable request, concerning Tenant's best actual knowledge and belief regarding the presence of any Hazardous Material on thePremises or Tenant's intent to store or use Hazardous Material on thePremises. C) Condition and Acceptance ofPremises. Tenant accepts thePremises in their current condition and acknowledges that thePremises is in good order and repair, unless otherwise indicated herein. By occupying the DPremises, Tenant shall be conclusively deemed to have accepted thePremises as being in the condition required by this Agreement. If requested by Landlord, Tenant will sign a statement confirming the Commencement Date and ratifying acceptance of thePremises. In addition, Tenant shall have a thirty (30) day waiting period to discover any defects and shall notify Landlord immediately of the same. 6. Property inPremises. With respect to the property: A) Right to Leasehold Improvements. All leasehold improvements (other than Tenant's trade fixtures), such as light fixtures and heating and air conditioning equipment, shall, when installed, attached to the freehold and become and remain the property of Landlord. All Tenant's trade fixtures shall remain the property of Tenant, subject at all times to any of Landlord's liens for Rental and other sums which may become due to Landlord under this Lease or otherwise. Tenant shall be allowed to remove all such trade fixtures upon termination of this Lease, provided that Tenant is not in default in any of the terms and provisions of this Lease. B) Risk and Loss of Tenant's Personal Property. All of Tenant's personal property which may at any time be in thePremises shall be at Tenant's sole risk, or at the risk of those claiming under Tenant. Landlord shall not be liable for any damage to said property or loss of business suffered by Tenant which may be caused by water from any source whatsoever including the bursting, overflowing, or leaking of sewer or steam pipes or from the heating or plumbing fixtures or from electric wires or from gas or odor or leaking of the fire suppression system. 7. Repairs and Maintenance. With respect to repair and maintenance obligations: Commercial Lease Agreement (Rev. 1343D17) 5/14 A) Landlord's Obligation to Repair and Maintain. Landlord shall be responsible for repairing and maintaining thePremises in good condition and for making such modification or replacements thereof as may be necessary or required by law or ordinance, specifically for the following: - Foundation and structural components of the building - Exterior walls but excluding (windows, doors, window and door frames, plate glass) - Roof, gutters and downspouts - Parking lot - Driveway - Sidewalks However, Tenant shall reimburse Landlord for any such maintenance, repairs, or replacements made necessary by any acts of Tenant. Landlord reserves and at all times shall have the right to enter thePremises in any emergency and also during regular business hours upon advance written notice to inspect the same, and to repair thePremises and any portion of the Real Property or Common Area, without abatement of Rent. B) Tenant's Obligation to Repair and Maintain. All maintenance, repairs, or replacements relating to thePremises which are not the obligation of Landlord shall be the obligation of Tenant and shall be made by Tenant at Tenant's sole cost and expense. Tenant shall keep and maintain thePremises in good repair and order at all times. Tenant shall be responsible for the maintenance, repair and replacement of the following: - Heating, ventilation and air conditioning systems - Plumbing - Electrical systems - The replacement of all broken glass and cracked glass relating to the interior or exterior of the Premises C) Remodeling. Tenant shall not do the following: - Paint, decorate, or in any way change the exterior (or the appearance) of thePremises without prior written consent of Landlord. - Remodel, make additions, alterations or structural changes to the interior of thePremises without prior written consent of Landlord, which consent will not be unreasonably withheld; however, the Tenant is permitted to paint and decorate the interior of thePremises without prior consent of Landlord. - Enter upon the roof or install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the prior written consent of Landlord, which consent may be denied, conditioned or withheld at Landlord's sole discretion. D) No Liens Permitted. No person shall ever be entitled to any lien, directly or indirectly, derived through or under Tenant, or through or under any act or omission of Tenant, upon thePremises, or any improvements now or hereafter situated thereon, or upon any insurance policies taken out upon the Premises, or the proceeds thereof, for or on account of any labor or materials furnished to the Commercial Lease Agreement (Rev. 1343D17) 6 / 14 Premises, or for or on account of any matter or thing whatsoever; and nothing in this Agreement contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event that any such lien shall be filed, Tenant shall cause such lien to be released within ninety (90) days after actual notice of the filing thereof, or shall within such time certify to Landlord that Tenant has a valid defense to such claim and such lien and furnish to Landlord a bond, satisfactory to Landlord, indemnifying Landlord against the foreclosure of such lien. In addition to any other remedy herein granted, upon failure of Tenant to discharge such lien or to post a bond indemnifying Landlord against foreclosure of any such lien as above provided, Landlord, after notice to Tenant, may discharge such lien, and all expenditures and costs incurred thereby, with interest thereon, shall be payable as further Rent hereunder at the next Rent payment date. 8. Insurance and Indemnification. Wth respect to insurance and indemnification: A) Tenant's Public Liability and Property Damage Insurance. Tenant shall purchase and maintain public liability and property damage insurance insuring against loss, cost and expense by reason of injury to or the death of persons or damage to or the destruction of property arising out of or in connection with the occupancy or use by Tenant, its employees, agents and assigns, of the Premises and/or the Common Area, such insurance to include Landlord as an additional Insured, to be carried with an insurer and to have limits of liability of not less than $100,000.00 per occurrence on a combined single limit basis and a deductible no greater than $5,000.00. B) Certificate of Insurance. Tenant shall furnish to Landlord a certificate of insurance evidencing such coverage which provides that such policies may not be canceled on less than ninety (90) days prior written notice to Landlord. Should Tenant fail to carry the insurance required herein and furnish Landlord with the policies or certificates of insurance after a request to do so, Landlord shall have the right to obtain such insurance and collect the cost thereof from Tenant as additional Rent. C) Landlord's Insurance. Landlord shall keep the Real Property (but not the contents thereof or any personal property or trade or business fixtures of Tenant) insured against loss or damage by fire and other perils normally covered by standard all-risk insurance. Landlord may also maintain public liability, property damage, loss of rent, and such other coverage related to the Real Property as Landlord deems appropriate. All premiums for such insurance maintained by Landlord shall be considered Operating Costs. D) Mutual Waiver of Subrogation. If either party suffers loss or damage which is caused by the other party, but which is covered by the injured party's insurance, the injured party waives any claim it might have against the other party to the extent that it is compensated by the insurance required under this Agreement; and each party agrees to obtain from its insurer a provision and acknowledgement of this waiver and an agreement that the insurance carrier wil not be subrogated to the rights of the injured party to the extent that these rights have been waived above. E) Mutual Hold Harmless. It is agreed that Tenant shall defend, hold harmless and indemnify Landlord, its officers, agents and employees from any and all claims for injuries to persons or damage to the Premises which result from the negligent acts or omissions of Tenant, its officers, agents or employees, in the performance of this Agreement. It is further agreed that Landlord shall defend, hold Commercial Lease Agreement (Rev. 1343D17) 7/14 harmless and indemnify Tenant, its officers, agents and/or employees from any and all claims for injuries to persons and/or damage to the Premises which result from the negligent acts or omissions of Landlord, its officers, agents and/or employees, in the performance of this Agreement. In the event of the concurrent negligence of Tenant and Landlord, then the liability for any and all claims for injuries or damages which arise out of the performance of the terms and conditions of this Agreement shall be apportioned in accordance with the law of the state in which the Real Property is located. 9. Signs. With respect to signs: A) Exterior Sign. Tenant can install a sign acceptable to Landlord on the front of the Premises, hereinafter referred to as "Exterior Sign" prior to opening for business. Any Exterior Sign must be approved by Landlord and shall comply with the requirements of Landlord. Landlord reserves the right to reject any Exterior Sign design it feels is inappropriate for any reason in its sole discretion. Tenant shall be solely responsible for the cost of fabrication, installation, and maintenance of the Exterior Sign. Landlord shall pre -approve signage package to be attached to the Lease for the duration of the Lease and all renewals thereof. B) Other Signs. All signs, banners, lettering, advertising, lighting, or any other things of any kind visible from the exterior of the Premises installed or affixed by Tenant shall be first approved in writing by Landlord and the location and method of installation of the same shall be approved by Landlord in its sole discretion. Landlord agrees that such approval shall not be unreasonable withheld. 10. Utility Services. Commencing on the date on which Landlord delivers possession of the Premises to Tenant, Tenant shall make payments for all utilites assocaited with the Premises. 11. Access, Surrender, and Assignment. With respect to access, surrender, and assignment: A) Access. Tenant shall permit Landlord to inspect or examine the Premises during business hours upon advanced written notice or at any time without notice in the event of an emergency, and shall permit Landlord to enter and make such repairs, alterations, improvements, or additions in the Premises or the Real Property of which the Premises is a part, that Landlord may deem necessary. B) Surrender. Tenant shall deliver and surrender to Landlord possession of the Premises upon expiration of this Agreement, or upon earlier termination as herein provided, in as good condition and repair as the same shall be on the Commencement Date. C) Removal and Restoration. Any and all trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this Agreement, provided that Tenant shall not be in default in the performance of any of Tenant's obligations hereunder and provided that Tenant shall repair any and all damage caused to the Premises by the removal of any such trade fixtures and equipment. Any property not so removed at the expiration of the Term hereof shall be deemed to have been abandoned by Tenant and may be retained or disposed by Landlord. Tenant shall not remove any leasehold improvements or non -trade fixtures and shall surrender the Premises upon termination of the tenancy created by this Agreement in the same condition as the Premises were required to have Commercial Lease Agreement (Rev. 1343D17) 8 / 14 been in on the Commencement Date, ordinary wear and tear and damage by fire or other insured casualty excepted. D) Assignment and Subletting. Tenant shall not assign, mortgage, encumber or transfer any interest in this Agreement, or sublet the Premises in whole or in part, nor grant a license or concession in connection therewith without Landlord's prior written consent, which consent shall be at Landlord's sole discretion. 12. Damage toPremises. With respect to damage to thePremises: A) Substantial Damage. In the event the Premises or the Real Property of which the Premises constitute a part shall be damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will equal or exceed $50,000.00 of the then replacement value thereof, then the parties may, at their option, within ninety (90) days after the occurrence of such casualty, terminate this Agreement upon written notice. B) Partial Damage. In the event the Premises or the Real Property of which the Premises constitute a part shall be partially damaged or destroyed by fire or other casualty to the extent that the cost of repairing or replacing the same will be less than $50,000.00 of the then replacement value thereof, or in the event Landlord does not elect to terminate this Agreement as a result of substantial damage, then Landlord shall repair the damage with reasonable dispatch after notice of such casualty; provided, however, the Landlord's obligation to repair or restore shall be limited to restoring the structural portions of the Premises and shall not include repairs or the restoration of any of Tenant's fixtures, improvements or other alterations made by Tenant in or upon the Premises. Notwithstanding anything provided herein to the contrary, the Landlord's obligation to repair or rebuild shall be limited to the amount of the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) as a result of any such casualty. In the event the fire insurance proceeds received by Landlord (less any costs incurred by Landlord in collecting the same) are insufficient to rebuild the Premises and/or the Real Property, then Landlord shall have the option to terminate the Lease upon notice to Tenant within one hundred twenty (120) days after Landlord's receipt of the entire net insurance proceeds payable with respect to such fire or casualty. C) Rents Upon Damage or Destruction. In the event this Agreement is terminated in the manner set forth above, the Rents shall be apportioned to the time of such casualty. In the event this Agreement is not terminated and Landlord elects to restore or repair the Premises, then the Rent payable by Tenant shall be equitably abated based on the square footage in the Premises which are useable, until such time as the damage to the Premises has been repaired; provided, however, in no event shall there be any abatement of the payment of any Operating Costs. 13. Eminent Domain. With respect to eminent domain: A) Condemnation of Premises. If the whole or any substantial part of the Premises shall be taken or acquired by any public or quasi -public authority under the power or threat of eminent domain, for other than a temporary period, the Lease Term shall cease as of the day possession shall be taken by such public or quasi -public authority, and Tenant shall pay Rent up to that date with an appropriate refund Commercial Lease Agreement (Rev. 1343D17) 9/14 by Landlord of any rent which may have been paid in advance for any period subsequent to the date possession is taken. In the event that during the term of this Agreement the Premises, or any part thereof, or more than 25% of the Real Property or of the Common Area is taken by condemnation or right of eminent domain, or by private purchase in lieu thereof, this Agreement and the term hereby granted shall be terminable at Landlord's sole option and if Landlord so terminates then this Agreement shall expire on the date when possession shall be taken by the condemnor and the Base Rent herein reserved shall be apportioned and paid in full to that date and all prepaid Base Rent shall forthwith be repaid by Landlord to Tenant. In the event Landlord does not elect to cancel or terminate this Agreement as provided above, then Landlord shall rebuild and restore the Premises as nearly as possible to their condition immediately prior to any such taking and this Agreement shall continue in full force and effect except that, during such restoration, the Base Rent payable pursuant to the terms of this Agreement shall be equitably apportioned in the proportion that the square footage of the part of the Premises so taken bears to the total square footage of the Premises immediately prior to such taking; provided, however, in no event shall there be any abatement of the payment of any Operating Costs, provided further, however, the Landlord's obligations to restore or rebuild shall be limited to an amount which does not exceed the proceeds obtained from such taking (less expenses incurred in collecting the same). Notwithstanding the foregoing, in the event the net condemnation award received by Landlord is insufficient to restore or rebuild the structural portions of the Premises the Landlord shall have the option within ninety (90) days after Landlord's receipt of the net condemnation, to cancel and terminate this Agreement, and Tenant shall be limited to consequential damages only. B) Condemnation Award. All compensation awarded or paid upon any total or partial taking of the Premises shall belong to and be the property of the Landlord. Nothing herein shall prevent Tenant from pursuing a separate award from the condemning authority for its moving expenses or for the taking of its personal property, as long as Tenant's award does not reduce Landlord's award from the condemning authority. 14. Insolvency and Bankruptcy. The appointment of a receiver to take possession of all or substantially all of the assets of Tenant or any of the persons constituteig Tenant, or an assignment by Tenant or any of the persons constituting Tenant for benefit of creditors or any action taken or suffered by Tenant or any of the persons constituting Tenant under any insolvency, bankruptcy, or reorganization act, shall constitute a breach of this Agreement by Tenant. In no event shall this Agreement be assigned or assignable by operation of law or by voluntary or involuntary bankruptcy proceedings or otherwise and in no event shall this Agreement or any rights or privileges hereunder be an asset of Tenant or any of the persons constituting Tenant under any bankruptcy, insolvency, or reorganization proceedings. 15. Default. With respect to default: A) Rights in Event of Default of Tenant. If Tenant shall abandon or vacate the LeasedPremises or fail to pay Rent at the time prescribed in this Agreement, or if after ninety (90) days written notice from Landlord, Tenant shall fail to cure any other default in the performance of its obligations under this Agreement (unless Tenant is then proceeding in good faith to cure such default and continues to do so until the default is cured), then, in addition to any other rights or remedies Landlord may have by law or otherwise, Landlord shall have the right to re-enter and take possession of the Premises Commercial Lease Agreement (Rev. 1343D17) 10/14 without legal process and remove all persons and property therefrom. Should Landlord elect to re- enter as herein provided, or should Landlord take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Landlord may terminate Tenant's rights under this Agreement, re -let the Premises or any part thereof for such term and at such rent and upon such other terms and conditions as Landlord in the exercise of Landlord's sole discretion may deem advisable, with the right to make alterations and repairs to the Premises. Upon each such re -letting, Tenant immediately shall be liable for payment to Landlord of any indebtedness of Tenant (other than Rent due hereunder), the cost and expense of such re -letting, and of such alterations and repairs incurred by Landlord, and the amount, if any, by which the Rent reserved in this Agreement, which are Tenant's responsibility under the provisions of this Agreement for the period of such re -letting, exceeds the amount agreed to be paid as rent by the new tenant for the Premises for such period of such re -letting. B) Costs and Payment of Rents. Should Tenant at any time be in default under this Agreement, Tenant shall be liable for all costs Landlord may incur on account of such default, including the cost of recovering the Premises, any and all attorney fees and court costs relating thereto. In addition, should Landlord at any time terminate this Agreement and Tenant's rights under this Agreement for any default, in addition to any other remedy Landlord may have, Landlord may recover from Tenant all damages Landlord may incur by reason of such default, and including the Rent reserved and charged in this Agreement for the remainder of the Term discounted to present value, less the present rental value of the Premises for the rest of the Term (discounted in the same manner), all of which amounts shall be immediately due and payable with attorney fees from Tenant to Landlord and without relief from valuation, and Landlord shall have no obligation to re -let. Tenant's liability for the default damages and/or re -letting costs shall survive any termination of this Agreement. C) Right of Removal of Tenant's Property. Landlord shall have the right to remove all or any part of Tenant's property from the Premises. Any property removed may be either: (a) Stored in any public warehouse or elsewhere at the cost of, and for the account of, Tenant and Landlord shall not be responsible for the care or safekeeping thereof; or (b) sold at a private or public sale and the proceeds of such sale, after sale expenses, shall be used to offset any Rent due to Landlord. Tenant hereby waives any and all loss, destruction and/or damage or injury which may be occasioned by any of the aforesaid acts. D) Default of Landlord. Landlord shall in no event be charged with default in the performance of its obligation under this Agreement unless and until Landlord shall have received written notice from Tenant specifying wherein Landlord has failed to perform any obligation hereunder, and Landlord shall have failed to perform such obligation, or remedy such default, within ninety (90) days of such notice from Tenant (or shall then have failed in good faith to start and be diligently pursuing the cure of any such default which reasonably takes longer than thirty (30) days to cure). 16. Quiet Enjoyment. Landlord agrees that if Tenant pays the Rent and other charges herein provided and shall perform all of the covenants and agreements herein stipulated to be performed on Tenant's part, then Tenant shall, at all times during said Term, have the peaceable and quiet enjoyment and possession of the Premises without any manner of hindrance from Landlord or any persons lawfully claiming through Landlord, except as to such portion of the Premises or Real Property as shall be taken Commercial Lease Agreement (Rev. 1343D17) 11/14 under the power of eminent domain or which may be claimed by any mortgagee of the Premises of the Real Property. 17. Miscellaneous. A) Waivers. No waiver of any condition or covenant in this Agreement by either party shall be deemed to imply or constitute a further waiver of the same or any other condition or covenant of this Agreement. B) Subordination. Tenant agrees, at the request of Landlord, to subordinate this Agreement to any mortgage placed upon the Premises or the Real Property or any one or more of them by Landlord provided that the holder of such mortgage enters into an agreement with Tenant, binding upon the successors and assigns of the parties thereto, by the terms of which such holder agrees not to disturb the possession, peaceable and quiet enjoyment and other rights of Tenant under this Agreement. In addition, so long as Tenant continues to perform its obligations hereunder, in the event of acquisition of title by said holder through foreclosure proceedings or otherwise holder agrees to accept Tenant as tenant of the Premises under the terms and conditions of this Agreement and to perform the Landlord's obligations hereunder (but only while owner of the Premises), and Tenant agrees to recognize such holder or any other person acquiring title to the Premises as Landlord. The parties agree to execute and deliver any appropriate instruments necessary to carry out the agreements contained herein. C) Notices and Certificates. All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be delivered in person, by overnight courier service, via certified or registered mail, or by first class U.S. mail, postage prepaid, to Landlord and Tenant at the address as specified above, or to such other addresses which a party may designate in writing delivered to the other party for such purpose. Date of service of a notice served by mail shall be one business day following the date on which such notice is deposited in a post office box of the United States Postal Service. D) Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or of partnership, or of joint venture, between the parties hereto. E) Governing Law. The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, not including its conflicts of law provisions. F) Dispute Resolution. Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. G) Force Majeure. In the event that either party shall be delayed or hindered in or prevented from doing or performing any act or thing required in this Agreement by reason of strikes, lock -outs, casualties, acts of God, labor troubles, inability to procure materials, failure of power, governmental laws or regulations, riot, insurrection, war, pandemics or other causes beyond the reasonable control Commercial Lease Agreement (Rev. 1343D17) 12/14 of such party. then such party shall not be liable a responsible for any such delays and the doing or performing d such act ar thing shat be exacted br the period d the delay and the period for the pertormenoa of any such act shill be extended for s period equivalent lo the period of such do* NI Complete Agreement This Agreement contains a comfits expression of the agreement between the pieties and there are no promisee. rapreeentseons or inducements except such as are herein provided. Successors in Interest The covenants, proems.. terms. conditions and warranties of this Agreemen shall be binding upon end inure to the benefit of landlord and Teresa and their respective heirs. executors. administrators. suoaeeors and assigns. but shat create no rights in any other person except as may be specifically provided for herein IN w1T►ESS WHEREOF, the parties have caused this Agreement to be exsarted by their duly saluted repreasrnatlws, as of the fhst date written above Kingrmin Properly Management LLC Landlord Full Neme Kingman Enterprises. Vic TenantFull Name �, 4 / .�.- Landlord Representative 4 1-1) Tenant Signature Douglas Co -Owner hen -Own Landlord Representative Name and Title Douglas Kingman Resident Tennant Representative Signeure Name and Title Commercial Lean Agreement (Rev. 1343017) 13/14 Exhibit A Property Map Being a part of the SE4 of Section 32, Township 1 North, flange 67 West of the 6th r? M., Weld County, Colorado Commercial Lease Agreement (Rev. 1343D17) 14/14 4796042 01/24/2022 08:56 AM Total Pages: 3 Rec Fee: $23.00 Doc Fee: $59.00 Carly Koppes - Clerk and Recorder, Weld County , CO Escrow No.: C2067800-075-DW2 State Doc Fee: $59.00 SPECIAL WARRANTY DEED THIS DEED, made this 21st day of January, 2022, by and between Donna J. Norris, also known as Donna Norris, whose legal address is 2990 Clermont St., Denver, CO 80207, Denver County, State of Colorado, GRANTOR, and Douglas Kingman and Karen Kingman, as joint tenants, whose legal address is 2319 Fairfax St., Denver, CO 80207, Denver County, Colorado, GRANTEES; WITNESSETH, that GRANTOR, for and in consideration of the sum of Five Hundred Ninety Thousand, and 00/100 Dollars ($590,000.00), the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto GRANTEES, and GRANTEES' heirs, successors and assigns forever, in joint tenancy, all of the real property, together with any and all improvements thereon, located in Weld County, Colorado, and described as follows: LEGAL DESCRIPTION is set forth on Exhibit A, attached hereto and made a part hereof by this reference; EXCEPTING all previous oil, gas and other mineral reservations of record, and all oil, gas and other mineral leases of record; and RESERVING UNTO GRANTOR, all oil, gas and other minerals, and all oil, gas and other mineral rights in and under the above -described real property. which property is commonly known and number as: 7865 County Rd. #2, Brighton, CO 80603; TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining thereto; and all of the estate, right, title, interest, claim and demand whatsoever of GRANTOR, either in law or equity, of, in, and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the premises above bargained and described with the appurtenances, unto GRANTEES, and GRANTEES' heirs, successors, and assigns forever. GRANTOR, for GRANTOR and GRANTOR'S heirs, successors and assigns, does covenant and agree that GRANTOR shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of GRANTEES, and GRANTEES' 1 of 2 47%042 01/24/2022 08:56 AM Page 2 of 3 heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under GRANTOR, EXCEPT taxes and assessments for the current year, a lien but not yet due and payable, subject to statutory exceptions as defined in C.R.S. § 38-30-113, as revised; and EXCEPT easements, restrictions and leases of record. IN WITNESS WHEREOF, GRANTOR has executed this instrument on this 21st day of January 2022. tht. Don ;�T, j orris, also known as Donna Norris STA OF COLORADO COUNTY OF I (1 (17 / �r 1 ) ss. The foregoing instrument was acknowledged before me on this 21st dayanuary 2022, by Donna J. Norris, also known as Donna Norris. Witness my hand and official seal. My commission expires: C' [Seal 0FSRAARNETTWILLIAMS I NOTARY PUBLIC 1 STATE OF COLORADO NOTARY ID 19964110011306, 2024 MY COMMI.10,4 VAMP,' _A. 2 of 2 Notary Public 4796042 01/24/2022 08:56 AM Page 3 of 3 ATTACHED LEGAL DESCRIPTION A parcel of land in the Southeast 1/4 of Section 32, Township 1 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, more particularly described as follows: Beginning at the Southeast corner of said Section 32, Thence West along the South line of the Southeast 1/4 of Section 32, a distance of 416.0 feet; Thence North and parallel to the East line of said Southeast 1/4 a distance of 30.00 feet to the True Point of Beginning; Thence continuing North and parallel to said East line 802.0 feet; Thence West and parallel to the South line of the Southeast 1/4 a distance of 416.0 feet; Thence South and parallel to the East line of the Southeast 1/4 a distance of 802.0 feet to a point 30.0 feet North of the South line of said Southeast 1/4 ; Thence East and parallel to the East line of said Southeast 1/4, a distance of 300.0 feet; Thence North and parallel to the East line of said Southeast 1/4 , a distance of 179.0 feet; Thence East and parallel to the South line of the Southeast 1/4 a distance of 56.0 feet; Thence South and parallel to the East line of said Southeast 1/4 a distance of 179.0 feet; Thence East and parallel to South line of said Southeast 1/4 a distance of 60.0 feet to the True Point of Beginning. County of Weld, State of Colorado. Also Known as: 7865 County Road #2, Brighton, CO 80603-8929 Escrow No. C2067800-075-DW2 LGLBLNK t WATER FLOW O NC) R WATER FLOW 0 • R r SINGLE FAMILY RESIDENCE WATER FLOW TREES Production r TRANSFORMER d 60.0' COMME IAL WIN D TAS G Sales Room ►4 60 0' n • 1 1 1 1 1 1 ••••••••••••• O OOOOOOOOOOOO O OOOOOOOOOOOO O OOOOOOOOOOOO O OOOOOOOOOOOO O OOO O O C O O C O OCO O OOOOOOOO OOOOOOOOO O OOOOOOOO O O C OOOOOO O OCOOOOOO OOCOOOOOO O OCOOOOOO O OOOOOOOO OOCOOOOO O OCOOOOO O O OOOOOOOO O OOOOOOOO O OOOOOOOO O OOOOOO O OO O OOOOOOOO O OOOOOOOO O OOOOOOOO O OOOOOOOO O OO n- "n O OO O OO O OO O O OI O OO O OO ir • • OOO O O O O O O O OOO O OO O O OOO OOOO O OOO OOOO O OOO OOOO O OOO O OOO O OOO OOOO O OOO •• - - O OOO O OOO OOOO O OOO O OOO �� RESIDENTIAL AND COMMERCIAL O TRAFFICE ENTRY AND EXIT • O O O O O • WATER FLOW oO000c TREES WATER FLOW RESIDENTIAL TRAFFIC FLDW ON GRAVEL DRIVEWAY OO OO O O OO OO O O O O O O O O O O O O O O O O O O O O O O OO O O OO OO O O •• --•• WATER FLOW GRAVEL WINERY PARKING 6' PRIVACY FENCE TRASH ENCLOSURE WINERY AND RESIDENTIAL TRAFFIC FLOW ON GRAVEL DRIVEWAY WATER FLOW es i TREES O OOOOOOOO OOOOOOOOO O OOOOOOOO O OOOOOOOO O OOOOOOOO O OOOO O OOO O OOO O OOOO O OOOOOOOO OOOOOOOOC O OOOOOOOO O OOOOOOOC O OOOOOOOO OOOOOOOOC O OOOOOOOC OOOOOOOOC O OOOOOOOC O OOOOOOOO O O ( WATER FLOW 0000000 O OOOOO O OOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO O OOOOOOOOOO 296.0' O OOOOOOO O OOOOOOO O OOOOOO O O OOOOOO O OOOOOOO O O OOOO O O OOOO O O OOOO O O OOOOO O OOOOOO O OOOOOOO O O OOOOOO O O OOOOOOO OOOOOOO O UGUU OOOO O OOO O OOO O OOO O OOO O OOO O OOO O OOO O OOO OOOO OOOO O OOO O OOO OOOO O OOO OOOO O_O O O OOO O OOO O OOO O OOO O OOO O 00E O OOO OOOO O OOO OOOO O OOO OOOO O OOO O OOO OOOO O OOO Kingman Estates Winery Premise Control Plan Primary Sales Room 7865 County Road 2, Brighton CO 80603 Description: Kingman Estates Winery intends to host a winery tasting room owned by Kingman Estates Winery on the business premises as outlined in the attached control map, Current plans are for this tasting room to be open Tuesday through Saturday from 9:30 AM to 3:30 Pm, and as needed for special events. Open containers of wine will be sold for consumption on the premises as well as sealed containers of wine sold for off -premises consumption. Location: The location is 7865 County Road 2, Brighton CO 80603. Please see attached map of the premises. Marshal/ Alcohol Control: To ensure compliance with the city of Brighton and the state of Colorado liquor code provisions, the following plan will be implemented. The licensed premises are limited to the building at 7865 County Road 2, Brighton CO 80603. Customers enter and exit the building through the front door, the south side garage door, and the south side door. The north backdoor and garage door are only for emergency exit. Kingman Estates Winery will provide (1) staff member inside the facility that is able to monitor both entrances, to ensure that open containers of alcohol do not leave the premises. Wine will be offered for sale in two forms: (1) wine by the glass for consumption while on the premises, and (2) bottles of wine for consumption off premises. Kingman Estates Winery will maintain all sales on a point of sale system. Kingman Estates Winery will check identification of all participants who taste or purchase wine by the glass or bottle. Signage will be posted explaining the legal drinking age and the prohibitions to open containers outside the tasting room. Kingman Estates Winery will use their personal judgment to ensure that alcohol will not be served to intoxicated people. All staff members serving alcohol will be TIPS certified or managed by a TIPS certified person. ZPAG23-0001 Being a part of the SE4 of Section 32, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado .16 CY R `17). 00000 r , 1 r---, SINGIt fAMIIY 0.ESIDENC[ 1 ATER FLOW \ O O LRANSF(NLMfR COMMf RCMI W INERr AND rA3rINc R00M 60.0 h• 60.0' - „ WATER ROW XOO RFMDfNTIAI TMFNC FLpW ON GMVEI DRNEWAY O GRAVEL WINERY PAR%LNG '11:171 FECNCE MSN ENlO5URE O WINERY AND Rf51DfNTUL TMFE IC F. ON GRAVEL ORIVf WAY WATER FLOW 00 O REf1 0000000000000 IHIPMHPHH 00000000 0000 0000000000000 00000000 0000 0000000000000 00000000 0000 0000000000000 000000000 0000 0000000000000 000000000 0000 0000•..... FOO 0000000000• GMPEWNES •00000 0000 000• r00 dilliMMI11111111 000000000OOOO..0000000000000000000000000000000000000000000 00000000000000000000000 0000000000000000000 0000000 0000 0000000000000 0000000000000000000 0000 0000000000000 00000000000 0000 0000000000000 00000000000 0000 0000000000000 00000000000 0000 0000000000000 00000000000 p�pp 0000000000000 00000000000 �7pp0 0000000000000 0000 � 0000 OOU0000000000 O WATER FLOW 0000 0000000000000 0000000 0000 000000 000000 0000 000 00o fi GATE k000000 0000 0000000000000 00000000000 0000 0000000000000 � 00000000000 0000 0000000000000 00000000000 0000 0000000000000 OOOOOOOOOCO 0000 0001^ ^FO 00000000000 0000 00 O 00000000000 0000 OOC 0.FSIpFNTAI AND O 00000000000 0000 000 COMMERCAI O 00000000000 0000 OOC )q.LfiKE ENTRY O 00000000000 0000 000 O 00000000000 0000 00• AN E%li O 000 OOOJ 0000 0000 1 COUNTY ROAD Z 60A11 OWNER'S CERTIFICATE (s Lourro Ix THB Z:RRwTM[Ws1GxfD..., vnu Y(DNnRucT[D SNiMiIOIN ACCD6DAxCf wttn TH[DMIOPMfW STANDARDS HFMON ANDMf DISTRKT AFOUMfM[xR OfA ACUIK FD ryClu Of rNE WICU COUN"COIX WF uxO(RST�NDFMWRF rt)COMFCr WIrx TN(IXvpOFWxi 5TANDAROl APhRAM[wlMlf"'Of COUxIYLii//E ANO/OR<IHpNTIOxs OE AWWVN CWlO MSUU Ix iW ytr ItuHxGACDMW UNCf Nr%IN ACAwBT US OR WRSUC[TSSOM.DATC ADMINISTRATIVE REVIEW CERTIFICATE rH11iONING FERMn 15Pikd [OF [lu /1 a/›./g4 FET uTON: sT THE sere FaoM. F}n rD POWT louTED ax rNE sWTH- SITE. MER VENKEs wKL ENTER AND 'ACES ON 1ME WEST SIOE OF LEIS Es WKL ENTER NfD TIE WFST SIDED iNE S. TYE...T EE. ENiul VEN1LlfS WRL ENTER MD PARK IN ENTAL PARADE dA PARKNG AREA or) THE n SIDE OF THE RESwEN[E. WCR4 ti V Site WCR 2 .11 11 Vicinity Map DEVELOPMENT STANDARDS AwgOVN FR T.W PLAN W r CREATE A VESTED PROPERTY RK.HT EO.E.ANT TO SECTION 1)b100F THE WELD CWNT COOS HgMS OF OPEMIIp( ARE AS FOLLOWS W WERv ARE B OOAMS OOPL1 WNWv-MTURDAr THE MIOURS OT OPERATION Fpi *HE wWERv TASI WG ROOM ARE 3 aOPYA aOPY t WRSOAr AW FRIOAv. t I OOAM] pOPM MTURpAv. AND 11 OOpN801WM:UxWv 1HE M,WER OF 0W WTE E.ROVEEE sHNt BE UP TO TWENTY 1201 5 THE pAMWGMFA IX( THE SRE SMLI BE MAMAWED. 6. ALL SIONS SHALL ADHERE TO CHAPTER ....LE N. ON.. 2 OF LHE WELD CWNTY CODE. a cfs of LIGHT :NNE BE SHIRLOED so rMT ur.IT Mrs Ynu NOT SHWE DWEcnr aNTo Ao.ACExT mopERrlEs wHFRE such Nano cnusE NMSANLE OR INTERFERE WRM THE U9E q(TIE ADNLENT PROPERilE3 W ACLORDNICE WITH THE PLAN MENHER THE DIRECT. NOR REFLELifD i FROM ANY OGHT SWRLE MAY CREATE A TRAFFIC HALJ)D LOOPEMTORS OF WTIXI VENELEs ON PUKIC di PRrvATE STREETS W CWORED UGHTs uAY BE USED WHICH MAv BE CONFUSED WOH.Op CONSTRUED As iRKFIC CONTROL DEVICES V THE ACCESS TO iNE SITESMLLBE IMMAWEO TO MRIGATE ANV IMPACTS iO THE PUBLIC ROAD. WLLUOING OAIMGESPNOIOR OFFSITE TRACNWG. 10 THERE CE:L BE NO PMICWG OR STAGWG OF VEN6:LE5ON PUBLIC ROADS.OMSRE PAR6WG BMLL Bf UTIU}ED 1}. THE H19Tq(ICN WOW PATTERNS AND RUNOFF AMWxTE ON THE 6,TE Welt BE NNNTAWED D WA6TE:IAB DEFWEDWiNE SWO WA9TESDwPOSAl 51TESANDFALRITESACT ]6}LE 1005 CR ISRAEL BE STORED NID 1) RELMOVEO FOR FINK DISPOSAL W A WNxER 1HAT PROTECi6 AGABASi SURFACE AND GROUNDLVATER Cp1TAMYATION s NO EERMANENT gSPOSAI OF WASTES SHALL BE PERMTTED AT THIS SITE THIS IS NOT LEANT TO wCLUOE LHD6E WA6TES SPFCIFK.6L.LY E%CLUDED F Egp4 THE DEF WIiION OF A $W IO WASTE w T11E SOLID WA6TE: OISRXAL yTEs AND FALMrtS ACT. )0-16100 5. C.R 9 RNL6 stall BE HU(DlED.6TORE0 AW DISPOSED W A MANNER TMT CONTROLS FUWTNE DUST fllciTNE PARTILUTATE EM1551pNs SLOWWGDEBR15ANDOMERROTEHTut lIF FM:ECONgETHE FAC74:MT OPERATE1 ACCOpOANCE WITHCHAPTER to MTL1EgF THE WELD CWNTY cOpE. AN0 THE ACCEPTED WASTE HAMOLwG FLAA FWRNEDUST6NIXADATTEMPTTOeEC=.7:ON THER2pPERTv.USESE THE WOPERTv srIOUl➢CO%vlr WRH THECWpIAW AW WNItt COLYLSSKNIs AW WNITY REWIATIONs A)A THE ACCEPTED OUST AMTEW Ni RAN 1] ADEQUATE DRWILWG.IMND WASMMNG. ANO iOKEi FAGLOIE: SHNl BE PROVMEO FOR EAVLOVEE6 Axp PAlRON3. AT ALL TWEs. ANY OMFSITE WASTEWATERiREAIMENTSYSTEM LOGTEDONTHEPROPERTYMUSTCO 7WOHNLPILWIS10N...THEWELDCOLWTYCODE. PERTAINING TO Ox�SITE WASTEWATER TREATMENT svSTE66. PORTANE lOAETSANO BOTTIEDW TER ARE ACCEPTABLE FOR fACAITE6 ulAIgDFOR M%NONTH9MLE59 PER VEM RECp1OS OF MAINTENANCE ANO PRCPER DISPOMI Fq(RWTABLE LOKEi5 SHALL BE RETAINED ON A WNOERL1 BASIS AHD AVAILABLE FOR 7Z Sv THE wElOCWNry UkPMTMkN1 CF PUBLIU HEALTHANO ENW1roxt) RnTABLE101413SHALLBf3kRvx:Eu BYAuEANERW:ENaluW71 f,WNTY CONTAW HAND 9ANITMER3 ANO BE SCREENED FpOY E%41TNG ADNCENi MSIOENTNL PROPERTIES AND PUBLIC RIGHTS# -WAY. E TYNE USE E%CEEDs THE ABpVE RE W IREMENT. THEN A PERMANENT WATER SOURCE AMMO AN ONSRE WASTEWATER TREATMEM sv6TEM W6T BE MANENT.A r1EWATER511PPIYSHMLLBEPROVIDEDFORORW%LNGANDSNRTARYPURPO6E9.A6 APRIUBLE AN APPROPRMTELv PERMRTED CON.IERCIN WELL SMLL BE UTRl1E0. A R18LK WATER SOURCE IS ALSO ACCEPTABLE 20. GRWNOWATER HMv NpT HEEL ALL DRINNHIG WATER siANpAROs A6 DEF WED By THE COldLA00 DEPARTMENT OF PUBLK HEALTH AND ENVwONMENi. ENVIRONMENT, HEALTH SERVICES STRONGLY ENLOIRMGE9 THET=...NT TO TEST THEIR DR WMNG WATER PRIOR TO L,ONSUMPTION AND pERIODKNLv TEST R OVER i WE. iNw DOLIAAENi WAS AL%NOWIEDGFD BFFgiF ME d( THIS L_DAV OF G�h..•A.. 7njC( By OgIG %NGA(AN NMD %AREN %WGMAN WTT.6.6 ...IA. OFf ICLAL 9FN %IV COM1Y:10MM E%WREs Vi61�4 RgSRNE FANSIEu 'IOtARI RILWC ISMLI ,.ATF CFOQpiADEi v�iAM 10 }I61(BN81: IMY LC.BBB591011 EMNRESAY: W, D>W LWS DOCUMENT WAS ALNMIOVAEDGED BEFORE ME ONTHIS �:M'. DAV OF �IM.E�u F.]F( BY OWECTpi OF PIANMNG SFRVICEs WELD COUNT' _'�'a wlrNEss Mr HAND AND oiFlcul MY co6Y1ss1ox E%PWEs N5fj}' __ _ WISTHE RANBIEM NDTNN PIIBIIC ISENI surEacanIMDD NOLARV Ip 101}Ap'lIB2T MY LITIBBS9gN E%PAESAWf 05,1@L DEVELOPMENTSTANDARDS(CONTINUED) 1 THE FAcuTV SWML caAwLV YrH CDLORAoo pfrAK FooDEsrABLaHEB;NT Ru4sAND REGULArIW5 } GOVFRNWG THE REGIMT%)N Di FOOOSERVKE ESTABLISMLEMS. u. THEOPERATION5MWLCOMPLY: ALLAPRKIJLE pules AND pEGMATIONS OE STATE AND FEDERAL AGENL46 AND THE NEED LgWtt CODE iNE RLOPEPtt gYNER OR OPEMrq(SNLLL BE FOR COYRVIMG VniH THE OESgx AND } OPERATION sTANDARDB OF GRAPIER }) OF THE WEIR COUNTY CODE •. THE }pfRfD PERHAT APFA SMNL BE WRED TO iFME PLANE } FOREGOWO6TAM1ARD5 AND ALL APRKABIE NEED COON' aH ANp GMERNED BY THE IHrt1WM.ES�ROM THE PRWN OF AN AMENDMENT OF THE PERMT BY THE WELD COUNTY PIANHIWG SERY. DEPARTMENT BEFOILE SUCH CMMNGES FRpA ME PlAN30R DEVELOPMENT sT.WDARDs AM PERMITTED A REVwED MAP My BE REOUWED TO BE 9UBMTTED. APPROVED. ANp RECORDED. n. THE PROPERTY OWNER OR OPEMTIXL 9HLLL1 BE RESPONSIBLE FOR COMRVWG WDH ALL IX THE FOREGOING DEVELOPMENT STAHAARO:. NONCOMPLWxCE WITH ANY W THE FOREOOING DEVELOPMENT STANDMD6 HMY BE REASON Fqi REVOCATION OF }HE PERMIT BY THE BOARD OF ID THE PROPERTY WNNER, OPERATOR OR.T1VEeOR 61MLL BE RE6PDN3191E FOR AC%NOAAEDCHNG ANO LOYPLYNO WITH SECTION }6A.Itb a THE WELD CWNTY CODE. 1).RKNMT TO FYTRACT MWERN RESWPCEs STATEMENT WEIR COUNTY HAS UNpM1T WNEML RESWRCEs.INCLU0ING. BUT Wi LYITED TO. SAND I GAS. ]J1D CON UNDER TITLE N OF THE CWOpADO REVISED STAlUlEB. M THE NOST DEroslis Nn Icl sucH DePoslTs slnuLD BE ExTRFCTEo Acrorrowc To A MT%Nw PLNt. CNCUTATED TOAVpD WASTE CE SULN DEPO5R$ AND LAUEE THE LEAST P.1.q..OF T DISRUPT !HE ECW OGv AND WNItt a LIFE a iM,E Clilgx6 pF THE PORILOU5 COUNTE: OF THE 3 TE MpEAK RESWNCE LOUT%n8 ARE W[IESPiLEAD iNRROVGHWf THE LOUNTv AW PEOPLE MW i TTHESE ARMS WST RECOORME THE vARIOU3 YPACTs ]SSOCNTEO YTH T1N5 W VET CPME OFTFN TNEs. MMR/R RESOIMICE RATES ARE F WED 10 THEW GEIXMAARfAI AND GFCPHv5KN LWATIOx5 Yp1EOVERFTHE5E RE ��TUNRvw i0TEATTRACD==...MRN D COIWtt5 RMHi TOFMMSTATEMENT WELD COVxiY BONE OF THE MOST PRODUCTNE AGIf1C4TUILAL cOIMTlEB W THE UNITED siATE6. LVPKNLv RANI(R(C. W TIE TOP TEN cgWTRB COIWTRY W TOTN MARNET VNUE OF AGiLIOUITURAI PROOIIci5 SOLD. TFE RUIEAL ApEw5 a Y CONGE6TION. ANp THE RURAL ATY FEATIWEB WHKH ATTRACT URBAN RS iE A PUBLIC aA PRN NOYS METHODS OIE TURAL PROp1LIION MA0N1TUpE LESDFE PEOPLE ARE E%POSED )CHROREN'S ACTT Df THE FRAMERS TH.T TAE 10N OF M6cElLANE0U3 EN RURAL AND URBAN AREAS rWK OPERATION SHALL NOL OPERATION NLEGEO TO BE A gFASONABtr ASSOCATEU CDIWTv. PROPERttONWERS AND RESRM:N UDAIION ORCMIES IAREs.0f1 OTHER STRUC !pA SIISDIVgION: TO MiERMLS IMY NOT BE RM SERVKE6 W RURAL AREAS. W MANY S RLNIN OWELLER6 WST BV NECESSITY BE RDB W 1HE COUNTY TLFN IN AN URBAN aA SUBURBAN 'TEED EWIPMENT, PONDS ANO 1RRKATION DITCHES. ELECTRKN ]T OPERATIONS. HIGH SPEED TRAFFIC, sANDBURs, PUNCTURE ESTOc%, AND OPEN SUI(NWG PRESENT REAL THILEAT3. TANT. NOi ONLY FOR THEW SKEtt. BUT N60 FOR THE IHWD 4/24/25, 3:47 PM Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R60s80686 April 24, 2025 Account Information Account I Parcel , Account Tax Actual I Assessed j i Type Year Buildings , Value Value R6080686 146932400006 Residential 2025 4 354,916 ; 23,780 Legal 20161C PT SE4 32 1 67 BEG 416'W & 30'N OF SE COR N802' W416' S802' E300' N179' E56' S179' E60' TO BEG (7.429A M/L) Subdivision ! Block Lot Land Economic Area DACONO RURAL Property Address Property City Section Township Range 7865 COUNTY ROAD 2 WELD 32 01 67 Account Owner Name R6080686 KINGMAN DOUGLAS R6080686 KINGMAN KAREN Owner(s) Address 7865 COUNTY ROAD 2 BRIGHTON, CO 806038929 Document History https://propertyreport.weld.gou/?account=R6080686 1/12 4/24/25, 3:47 PM Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 02165763 12-21-1988 QCN 0.00 12-21-1988 0 NORRIS FIELDS 2964663 06-26-2002 WD OPAL MAE DARYL C 18.50 06-21-2002 185,000 TRUST ----I FIELDS NORRIS 3152445 02-09-2004 SWDN DARYL C OPAL MAE 0.00 01-22-2004 0 i TRUST j -- + --+ t i NORRIS NORRIS 3248850 I 01-03-2005 ORD OPAL MAE DONNA 0.00 07-08-2004 0 TRUST TRUSTEE t 3248851 01-03-2005 TRUN DODONNA NORRIS NORRIS LONNELL (1/8 INT) NORRIS 0.00 ! 07-08-2004 0 3246852 01-03-2005 TRUN NORRIS LINDA (1/4 0.00 07-08-2004 DONNA INT) NORRIS NORRIS 3246853 01-03-2005 TRUN DONNA SHONNELL 0.00 07-08-2004 R (1/8 INT) NORRIS NORRIS 3248854 01-03-2005 TRUN DONNA MICHAEL 0.00 07-08-2004 0 (1/4 INT) 3248855 01-03-2005 TRUN NORRIS NORRIS 0.00 07-08-2004 0 DONNA DONNA 3248856 j NORRIS NORRIS 01-03-2005 BSDN LINDA DONNA 0.00 07-08-2004 (1/4 INT) 3248857 01-03-2005 3248858 01-03-2005 01-03-2005 3248859 4796042 NORRIS NORRIS BSDN ONNELL DONNA 0.00 07-08-2004 (1/8 INT) NORRIS NORRIS BSDN MICHAEL DONNA 0.00 07-08-2004 (1/4 INT) NORRIS NORRIS BSDN SHONNELL DONNA R (1/8 INT) 01-24-2022 SWD KINGMAN NORRIS DOUGLAS; DONNA KINGMAN KAREN *If the hyperlink for the reception number does not work, try a manual search in the Clerk and Recorder records. Use the Grantor or Grantee in your search. 0.00 07-08-2004 0 59.00 01-21-2022 590,000 https://propertyreport.weid.goy/?account=R6080686 2/12 4/24/25, 3:47 PM Property Report Building Information Building 1 AccountNo Building ID Occupancy ID R6080686 ID Type Single Family Residential NBHD Occupancy �° __,_t_ Bedrooms Baths r Single Residential 3R2001 Family Residential 25 NA f 0.00 ID Exterior Roof ...,... Perimeter Units Unit Make er Interior NA NA NA NA NA 0 NA NA Square I Condo Ft SF 0 Total Finished Basement Basement SF SF 0 Built As Details for Building 1 ID Built As Square Year Ft Built 1.00 Permit j 1 Value 2022 No Additional Details for Building 1 Building 2 Garage ! Carport i Balcony Porch SF SF SF SF Stories Length Width 0 https://propertyreport.weldgov/?account=R6080686 3/12 4/24/25, 3:47 PM ID AccountNo R6080686 Building ID 2 Property Report Occupancy Utility Building - %. ! ID Type NBHD i Occupancy Complete Bedrooms I Baths rt I Out Utility Building NA Building 100 I NA 0.00 1 1 _ ... Exterior cover I Interior Roof •..... ,. .. .. Unit Type Make 2 NA NA NA NA 110 0 NA NA - - - -- T_ - ---- - - -_ . r- -- 1- 7 Square Condo Total Finished Garage Carport Balcony Porch Ft SF Basement Basement SF SF SF SF SF SF 2 726 0 0 Built As Details for Buildi v__2 ID Built As Square Year Ft I Built 2.00 Utility Building Stories Length Width ' 726 1950 1 33 22 No Additional Details for Building 2 AccountNo R6080686 Building 6 Building ID Occupancy 6 Shed - Utility ID Type NBHD Occupancy Complete Bedrooms Baths 6 Out NA Shed - Building Utility 100 NA 0.00 0 https://propertyreport.weld goy/?account=R6080686 4/12 4/24/25, 3:47 PM Property Report ID ! Exterior Roof Interior Cover 1 6 NA NA NA ID Square Ft 6 1,100 HVAC Perimeter Units, Type Make { NA 144 0 NA NA Condo Basement Basement Garage ! Carport Balcony SF SF SF SF SF SF SF — •1 -----a 0 —------- — -- -1 --- —------- — -- 0 1 0 0 0 0 0 Total Finished Porch Built As Details for Building 6 ! ! ID Built As SFtquare I 6.00 Shed - Utility i Year Built 1,100 1950 No Additional Details for Building 6 AccountNo R6080686 Building 8 Building ID 8 ! I Stories Length , Width 50 22 Occupancy Retail D Type NBHD Occupancy Complete Bedrooms i Baths 8 Commercial NA Retail 60 NA 0.00 ID Exterior Roof Interior Cover 8 NA NA NA HVAC Perimeter Units Type Make Package Unit 300 0 NA NA https://propertyreport.weld.gov/?account=R6080686 5/12 4/24/25, 3:47 PM Property Report ID Square I Condo Ft I SF 5,400 0 Total Finished Basement Basement SF SF 0 I , Garage Carport Balcony ! Porch SF SF SF I SF Built As Details for Buildng Ti8 , ID Built As Square Built Stories Length Width ' I a 1 Winery I i i 8.00 (Tasting- 5,400 I 2024 1 90 60 Display) Shops Additional Details for Building 8 ID ! Detail Type Description Units 8 j Add On Concrete Slab Average I 800.00 Valuation Information Type Code Description SINGLE FAMILY Improvement 1212 RESIDENTIAL IMPROVEMENTS Land Totals SINGLE FAMILY 1112 RESIDENTIAL - LAND Actual Value Assessed Value Acres Land SgFt 43,933 2,940 0.000 310,983 20,840 7.500 326,700 354,916 23,780 7.500 326,700 Comparable sales for your Residential or Commercial property may be found using our SALES SEARCH TOOL Tax Authorities https://propertyreport.weld.gov/?account=R6080686 6/12 4/24/25, 3:47 PM Property Report Tax District Area ID 2504 0700 AIMS JUNIOR COLLEGE 2504 0503 GREATER BRIGHTON FIRE District Name 2504 1050 I HIGH PLAINS LIBRARY 2504 0208 j SCHOOL DIST RE8-FORT LUPTON Y 2504 0100 WELD COUNTY WEST ADAMS 2504 1209 CONSERVATION Total - - Current Mill Levy 6.305 16.793 3.179 18.508 15.956 0.000 i 60.741 Photo https://propertyreport.weld.gov/?account=R6080686 7/12 4/24/25, 3:47 PM Property Report https://propertyreport.weld.goynaccount=R6080686 4/24/25, 3:47 PM Property Report 17.0' EP 12.0' 10.0' EP 26.0' Sketch by Abe: IV YlindoasTM 14.0' 1B 8.0' OP 22.0' Building 1 Page 1 Fes, FAR. s�oo.o st l6' WR R/R R/R Building 8 Page 1 60 https://propertyreport.weld.gav/?account=R6080686 11/12 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1707 Cole Blvd, Suite 300 Lakewood, CO 80401 WATER 2 WINE KINGMAN ESTATES WINERY dba KINGMAN ENTERPRISES LLC 7865 COUNTY ROAD 2 BRIGHTON CO 80603 ALCOHOL BEVERAGE LICENSE Liquor License Number 25-60933-0000 License Expires at Midnight November 10, 2025 License Type LIMITED WINERY Authorized Beverages VINOUS LIQUOR This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 44, Articles 4, 3, 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. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division,1707 Cole Blvd, Suite 300 Lakewood, CO 80401. In testimony whereof, I have hereunto set my hand. 5/29/2025 AB -irlickdeL -Val! -A;friel)ah ,athidijLet Michelle Stone-Principato, Division Director Heidi Humphreys, Executive Director LAND USE APPLICATION SUMMARY SHEET Planner: Molly Nelson Case Number: ZPAG23-0001 Applicant: Karen and Douglas Kingman Facility Kingman Estates Winery 7865 County Road 2, Brighton Address: Legal Description: Director Approval Being a part of the SE4 of Section 32, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado Location: North and adjacent to County Road 2; approximately 0.08 miles west of County Road 17 Size of Parcel: +/- 7.3 acres Parcel No. 1469-32-4-00-006 The criteria for review of this Special Review Permit are listed in Section 23-4-1200 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: ❖ Weld County Department of Public Health and Environment, referral dated April 6, 2023 4. Weld County Department of Planning Services — Development Review, referral dated April 5, 2023 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ❖ Adams County, referral dated April 6, 2023 ❖ City of Dacono, referral dated March 30, 2023 4. City of Northglenn, referral dated April 14, 2023 4. Weld County Department of Planning Services — Code Compliance, referral dated March 30, 2023 The Department of Planning Services' staff has not received responses from the following agencies: ❖ City and County of Broomfield ❖ Colorado Parks and Wildlife 4. State of Colorado, Division of Water Resources ❖ Brighton Fire Rescue District ❖ West Adams Conservation District ZPAG23-0001-- KINGMAN, Page 1 of 8 Case Summary: The applicants, Karen and Douglas Kingman owners of Kingman Estates Winery are requesting a Zoning Permit for Certain Uses in the A (Agricultural) Zone District, for a winery, and tasting room. The site contains a single family dwelling, two (2) out -buildings, and a utility building all constructed in 1934. The applicants are proposing to demo all buildings currently on -site, and construct a new residence, and a commercial building. Conditions of approval have been included to ensure appropriate building permits are submitted for existing and proposed structures. The hours of operation for the Wnery are 8:00 am - 5:00 pm Monday -Saturday. The hours of operation for the winery tasting room are 2:00 pm - 9:00 pm Thursday and Friday, 11:00 am - 7:00 pm Saturday, and 12:00 pm - 6:00 pm Sunday. Two (2) full time employees and twelve (12) part-time employees are on -site during hours of operation. There will be approximately ten (10) patrons at a time in the winery operations, approximately sixty (60) patrons in the winery tasting room, and approximately eight (8) patrons in the vineyard at any given time. Applicant is proposing up to six (6) dogs allowed on the property while accompanying customers. The applicants are proposing grapevines for the southern end of the property to provide screening from County Road 2, low shrubs along the western fence, native grass, and clump trees between the winery and the residence. This site is surrounded by agriculture lands and rural residential properties, to the south are estate style platted residential lots in Adams County. Based on the narrative, an additional permit is required for the event facility that appears to be included in the tasting room space. The winery tasting room and event space that is for up to one hundred (100) people at each event outside of tasting room hours requires a Use by Special Review permit for the greater intensity use per the Weld County Code. The Department of Planning Services approves the ZPAG for the following reasons 1. The submitted materials are in compliance with the application requirements of Section 23-4-1220 of the Weld County Code. 2. The proposed request is in compliance with the ZPAG Criteria requirements of Section 23-4-1200 of the Weld County Code. Pertinent processing information includes: A. Section 23-4-1200.A.1 -- The subject property is a legal lot. The subject Zoning Permit will be located on approximately 7.3 acres that was created in 1966 per reception number 1485814, prior to subdivision standards. B. Section 23-4-1200.A.3 -- The proposed use is compatible with the character of the neighborhood. The Weld County Code allows Wineries in the A (Agricultural) Zone District per Section 23-3- 35. N. Per Section 23-1-90 of the Weld County Code, Wnery is defined as: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where vinous liquors are manufactured; except a vintner's restaurant licensed pursuant to C.R.S. Section 44-3-422. "Vinous liquors" are defined in C.R.S. Section 44-3-103(59)." The surrounding properties are a mix of residences, agricultural lands, rural residential, and businesses in Weld County and south into Adams County there is a suburban development pattern. The Weld County Department of Planning Services sent notice to seven (7) surrounding property owners within 500 feet of the proposed ZPAG boundary. One (1) surrounding property owner responded with no concerns. Two (2) surrounding property owners reached ZPAG23-0001-- KINGMAN, Page 2 of 8 out to the Weld County Department of Planning Services for additional information and concerns about increase of traffic counts. Development Standards will assist in mitigating the impacts of the facility on the adjacent properies and ensure compatibility with surrounding land uses and the region. C. Section 23-4-1200. A.5 -- Adequate water and sewage disposal facilities, as applicable, shall be available. Per the Weld County Department of Public Health and Environment referral dated April 6, 2023, there is an existing residence served by Mountain View Water and an On -Site Wastewater Treatment System (OWES) permitted for three (3) bedrooms and the winery (SP -2300041). There is a commercial well (330023) which was approved for the winery. The application indicates portable toilets will be provided until such time the well is producing. The use of portable toilets cannot exceed six (6) months of use according to the Weld County Department of Public Health and Environment policy. 3. The proposed request is in compliance with the Operation Standards requirements of Section 23- 4-1210 of the Weld County Code. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall furnish written evidence of compliance with all Sections of Article I, Section 12-1-10, through and including, Section 12-1-90 of the Weld County Code. Written evidence of compliance with all conditions met or mitigated shall be submitted, in writing, to the Weld County Department of Planning Services B. The applicant shall submit a Lighting Plan to the Weld County Department of Planning Services, for review and approval. At a minimum, information shall be provided concerning lamp type and construction/installation of said devices C. The Zoning Permit Plan shall be amended to delineate the following" 1. All sheets of the plan shall be labeled: ZPAG23-0001 2. The attached Development Standards. 3. Show and label existing and proposed structures and approximate distances to the nearest property lines. All structures to be used in conjunction with the zoning permit shall meet current setbacks and offsets. 4. Show and label existing and proposed access. Access shall comply with the requirements of the Weld County Code. 5. Show and label existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles. Parking shall comply with Article IV, Division 1, of this Chapter as applicable. 6. Show and label existing and proposed landscaping and screening. 7. Show and label existing and proposed signage. All signage shall comply with Article IV, Division 2, of this Chapter as applicable. ZPAG23-0001-- KINGMAN, Page 3 of 8 8. County Road 2 is a paved road that has existing Weld County 60 -foot -wide right-of-way. The applicant shall delineate and label on the site map the future and existing right-of- way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Adams County. 9. Show and label the proposed access location, appropriate access width, and the appropriate turning radii on the site plan. 10. Show and label the entrance gate if appicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 11. Show and label the drainage flow arrows. 12. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 13. The Zoning Permit Plan shall bear the certifications per Section 23-4-1220.C.7 of the Weld County Code. 14. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 International Codes, 2018 International Energy Code, and 2020 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered engineer, shall be required or an Open Hole Inspection. 2. The applicant shall submit one (1) electronic copy (.pdf) of the plan for preliminary approval to the Weld County Department of Planning Services. Upon approval of the plan the applicant shall submit a Mylar plan along with all other documentation required as Conditions of Approval to the Department of Planning Services. The Mylar plan shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services prior to commencement of the use or construction. The applicant shall pay the recording fee. 3. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning pemit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. 4. The Zoning Permit for Certain Uses in the Agricultural Zone District is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Zoning Permit for Certain Uses ei the Agricultural Zone District plan is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 5. Prior to demolition, the applicant shall submit the appropriate documentation for scrape and haul activities ZPAG23-0001-- KINGMAN, Page 4 of 8 6. Prior to the issuance of the Certificate of Occupancy: A. The applicant shall provide evidence of potable water — one tap for the residence and two for the winery Date: `c45.12) Tom Perko Planning Director ZPAG23-0001-- KINGMAN, Page 5 of 8 ZONING PERMIT FOR CERTAIN USES IN THE A (AGRICULTURAL) ZONE DISTRICT DEVELOPMENT STANDARDS Kingman Estates Winery ZPAG23-0001 1. A Zoning Permit, ZPAG23-0001, for Certain uses (Winery) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are as follows: Winery are B:ODam-5:OOpm Monday -Saturday. The hours of operation for the winery tasting room are 2:OOpm-9:OOpm Thursday and Friday, 11:OOam-7:OOpm Saturday, and 12:OOpm-6:OOpm Sunday 4. The number of on -site employees shall be up to twenty (20). 5. The parking area on the site shall be maintained. 6. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. 7. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 8. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. 9. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 10. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 11. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 12 The historical flow patterns and runoff amounts on the site will be maintained. 13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 14. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Faciities Act, 30-20-100.5, C.R.S. 15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code, and the accepted Waste Handling Plan_ 16. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations and the accepted Dust Abatement Plan. ZPAG23-0001-- KINGMAN, Page 6 of 8 17. Adequate drinking, hand washing, and toilet facilities shall be provided for employees and patrons, at all times. Any On -site Wastewater Treatment system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 18. Portable toilets and bottled water are acceptable for facilities utilized for six months or less per year. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable tolets shall be serviced by a cleaner licensed in Weld County, contain hand sanitizers and be screened from existing adjacent residential properties and public rights -of -way. If the use exceeds the above requirement, then a permanent water source and an On -site Wastewater Treatment System must be established to provide for business use. 19. A permanent, adequate water supply shall be provided for drinking and sanitary purposes, as applicable. An appropriately permitted commercial well shall be utilized. A public water source is also acceptable. 20. Groundwater may not meet all drinking water standards as defined by the Colorado Department of Public Health and Environment. Environmental Health Services strongly encourages the applicant to test their drinking water prior to consumption and periodically test it over time. 21. The facility shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. 22. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Wield County Code. 23. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 24. The Zoning Permit area shall be limited to the plans shown hereon and govemed by the foregoing standards and all applicable Weld County regulations. Changes from the plans or Development Standards, as shown or stated, require the written approval of an amendment of the Permit by the Weld County Planning Services Department before such changes from the plans or Development Standards are permitted. A revised map may be required to be submitted, approved, and recorded. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 26. The property owner, operator or successor shall be responsible for acknowledging and complying with Section 23-4-1240 of the Weld County Code. 27. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. ZPAG23-0001-- KINGMAN, Page 7 of 8 28. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on wral roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the see of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, wil not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and cpen burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. ZPAG23-0001-- KINGMAN, Page 8 of 8 May 2, 2025 Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov DOUG KINGMAN KINGMAN ENTERPRISES INC DBA KINGMAN ESTATES WINERY 7865 CR 2 BRIGHTON CO 80603 Re: Colorado Liquor Sales Room Application — Kingman Enterprises, Inc., dba Kingman Estates Winery Dear Appdicant: This is to advise you that the Weld County Board of Commissioners will hear your request for a Colorado Liquor Sales Room at the property described as: 7865 County Road 2, Brighton, Colorado 80603. The meeting is scheduled for Monday. May 19, 2025, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. While this is a public meeting and you are welcome to attend, your attendance is not mandatory at this time. The meeting will be live -streamed at www.weld.gov. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4227 or Iflesner(a�weld.gov. Respectfully, Leah Flesner Deputy Clerk to the Board cc: Weld County Attorney's Office Page 1 of 1 Leah Flesner From: Sent: To: Cc: Subject: Attachments: Good morning, Leah Flesner Friday, May 2, 2025 10:01 AM Doug Kingman Chloe White Notice of Hearing - Kingman Enterprises, Inc., dba Kingman Estates Winery Notice of Hearing.pdf This is to advise you that the Weld County Board of Commissioners will hear your request for a Colorado Liquor Sales Room at the property described as: 7865 County Road 2, Brighton, Colorado 80603. The meeting is scheduled for Monday, May 19, 2025, at 9:00 a.m. While this is a public meeting and you are welcome to attend, your attendance is not mandatory at this time. Please see the attached letter for further information (hard -copies to follow). Sincere regards, COUN(Y.CO Leah Flesner Deputy Clerk to the Board Desk: 970-400-4227 P.O. Box 758, 1150 O St., Greeley, CO 80632 0®0@O Jaki Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Weld County Clerk to the Board's Office Certificate of Mailing Form First Name I Last Name Company Address 1 City State Postal ! Code Email DOUG I KINGMAN KINGMAN 7865 CR 2 I BRIGHTON I CO ENTERPRISES INC DBA KINGMAN ESTATES WINERY 80603 dkingman@kingmanwine.com hereby certify that I have sent a letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 2nd day of May, 2025. Leah Flesner Deputy Clerk to the Board Page 1 of 1 Leah Flesner From: Sent: To: Cc: Subject: Attachments: Good morning, Leah Flesner Friday, May 2, 2025 10:09 AM Adria Schiel; Benjamin Endreson; Bruce Barker; Byron Howell; Chloe White; Christopher McDonald; Curtis Hall; David Eisenbraun; Diana Aungst; Duane Naibauer; Karin McDougal; Lauren Light; Leah Flesner; Matthew Conroy; Maxwell Nader; Nick Trautner; 'rgodin@weld.gov'; Sam Kaneta III; Wendi Inloes; William Grumet Chloe White Referral Response Requested - CO Liquor Sales Room - Kingman Enterprises, Inc., dba Kingman Estates Winery CO Liquor Sales Room - Kingman Enterprises, Inc..pdf; Staff Referral Memo - Kingman Enterprises, Inc.pdf The Colorado Department of Revenue, Liquor Enforcement Division (LED), solely reviews and issues Limited Winery Licenses for the manufacture of vinous liquors. However, when an existing manufacturer applies for a 'Sales Room', which allows them to serve alcohol to the public, LED allows the local licensing authority the chance to review the application. Please respond no later than: Friday, May 16, 2025 Thank you so much, AiiitutP Leah Flesner Deputy Clerk to the Board Desk: 970-400-4227 P.O. Box 758, 1150 O St., Greeley, CO 80632 000®0 Join Our Teams IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov Referral Form Date: 5/2/2025 To: Weld County Board of Commissioners From: Sam Kaneta III, Captain The Weld County Clerk to the Board's Office has received an application for the below listed item in Unincorporated Weld County: Action: New Application License Type: Colorado Liquor Sales Room (Limited Winery) Applicant(s): Kingman Enterprises, Inc., dba Kingman Estates Winery Doug Kingman, Owner Address: 7865 County Road 2, Brighton, CO 80603 File Location: LC0022 Reply By: Friday, May 16, 2025 Page 1 of 2 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application. please do not hesitate to contact me at (970) 400-4227 or Iflesner(a�weld.gov •We have reviewed the request and find no conflicts with our interests. �We have reviewed the request and find that we are not in support of the requested application. �We have reviewed the request and recommend approval given that the below or attached conditions are met. ❑See attached letter or comments below. Checked local records, no reports in the last two years at this location. Page 2 of 2 Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.qov Referral Form Date: 5/2/2025 To: Weld County Board of Commissioners From: Environmental Health- Nick Trautner The Weld County Clerk to the Board's Office has received an application for the below listed item in Unincorporated Weld County: Action: New Application License Type: Colorado Liquor Sales Room (Limited Winery) Applicant(s): Kingman Enterprises, Inc., dba Kingman Estates Winery Doug Kingman.. Owner Address: 7865 County Road 2, Brighton, CO 80603 File Location: LC0022 Reply By: Friday. May 16. 2025 Page 1 of 2 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application, please do not hesitate to contact me at (970) 400-4227 or Iflesner(c�weld.gov BWe have reviewed the request and find no conflicts with our interests. �We have reviewed the request and find that we are not in support of the requested application. ❑We have reviewed the request and recommend approval given that the below or attached conditions are met. See attached letter or comments below. Page 2 of 2 Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.qov Referral Form Date: 5/7/2025 To: Weld County Board of Commissioners From: Maxwell Nader. Planning Manager The Weld County Clerk to the Board's Office has received an application for the below listed item in Unincorporated Weld County: Action: New Application License Type: Colorado Liquor Sales Room (Limited Winery) Applicant(s): Kingman Enterprises, Inc., dba Kingman Estates Winery Doug Kingman. Owner Address: 7865 County Road 2, Brighton. CO 80603 File Location: LC0022 Reply By: Friday.. May 16, 2025 Page 1 of 2 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application, please do not hesitate to contact me at (970) 400-4227 or Iflesner(c�weld.gov *We have reviewed the request and find no conflicts with our interests. ❑We have reviewed the request and find that we are not in support of the requested application. ❑We have reviewed the request and recommend approval given that the below or attached conditions are met. ❑See attached letter or comments below. ZPAG23-0001 has been approved and recorded for a Winery on the subject property. Page 2 of 2 Clerk to the Board's Office Phone: (970) 400-4225 1150 O Street P.O. Box 758 Greeley, Colorado 80632 www.weld.gov Referral Form Date: 5/16/2025 To: Weld County Board of Commissioners From: Curtis Hall Public Works The Weld County Clerk to the Board's Office has received an application for the below listed item in Unincorporated Weld County: Action: New Application License Type: Colorado Liquor Sales Room (Limited Winery) Applicant(s): Kingman Enterprises, Inc., dba Kingman Estates Winery Doug Kingman, Owner Address: 7865 County Road 2, Brighton, CO 80603 File Location: LC0022 Reply By: Friday, May 16, 2025 Page 1 of 2 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application, please do not hesitate to contact me at (970) 400-4227 or Iflesner(a�weld.gov BWe have reviewed the request and find no conflicts with our interests. ❑We have reviewed the request and find that we are not in support of the requested application. ❑We have reviewed the request and recommend approval given that the below or attached conditions are met. El See attached letter or comments below. Page 2 of 2 Hello