HomeMy WebLinkAbout20253220DR 8400 (08/23/24)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
POBOX 17087 Retail Liquor License Renewal Application
Denver CO 80217-0087
(303) 205-2300 Instructions
1. Complete entire application and attach details, if necessary.
2. Submit application 45 days prior to expiration to your local city or county licensing. Do not submit
to the State.
3. Submit the appropriate renewal license fee by license type.
4. As of July 1, 2024, a $250 annual renewal application fee will be applied to all renewals.
License Type Fee License Type
Fee
Arts License (city)
$308.75
Arts License (county)
$308.75
Beer & Wine (city)
$351.25
Beer & Wine (county)
$436.25
Brew Pub (city)
$750.00
Brew Pub (county)
$750.00
Campus Liquor Complex (city)
$500.00
Campus Liquor Complex (county)
$500.00
Campus Liquor Complex (state)
$500.00
Club License (city)
$308.75
Club License (county)
$308.75
Distillery Pub (city)
$750.00
Distillery Pub (county)
$750.00
Entertainment Facility License (city)
$500.00
Entertainment Facility License (county)
$500.00
Fermented Malt Beverage
and Wine (city)
$96.25
Fermented Malt Beverage
and Wine (county)
$117.50
Fermented Malt Beverage On
Premises (city)
$96.25
Fermented Malt Beverage On
Premises (county)
$117.50
Fermented Malt Beverage On/Off
Premises (city)
$96.25
Fermented Malt Beverage On/Off
Premises (county)
$117.50
Hotel & Restaurant (city)
$500.00
Hotel & Restaurant (county)
$500.00
License Type Fee License Type
Fee
Hotel & Restaurant / Optional
Premises (city)
$600.00*
Hotel & Restaurant / Optional
Premises (county)
$600.00*
Liquor Licensed Drug Store (city)
$227.50
Liquor Licensed Drug Store (county)
$312.50
Liquor Store (city)
$227.50
Liquor Store (county)
$312.50
Lodging Facility License (city)
$500.00
Lodging Facility License (county)
$500.00
Optional Premises (city)
$500.00
Optional Premises (county)
$500.00
Racetrack License (city)
$500.00
Racetrack License (county)
$500.00
Resort Complex (city)
$500.00
Resort Complex (county)
$500.00
Related Facility - Campus
Liquor Complex (city)
$160.00
Related Facility - Campus Liquor
Complex (county)
$160.00
Related Facility - Campus Liquor
Complex (state)
$160.00
Retail Gaming Tavern (city)
$500.00
Retail Gaming Tavern (county)
$500.00
Tavern (city)
$500.00
Tavern (county)
$500.00
Vintner's Restaurant (city)
$750.00
Vintner's Restaurant (county)
$750.00
* Plus $100.00 for each additional optional premises
Page 1 of 7
DR 8400 (08/23/24)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
PO BOX 17087
Denver CO 80217-0087
(303) 205-2300
Submit to Local Licensing Authority
RECEIVED
OCT 0 1 2025
WELD COUNTY
COMMISSIONERS
Fees Due
Annual Renewal Application Fee '
$ 250
Renewal Fee
$ 600.00
Storage Permit $100 X
$
Sidewalk Service Area $75.00
$
Additional Optional Premises Hotel &
Restaurant $100 X
$
Related Facility - Campus Liquor
Complex $160.00 per facility
$
Amount Due/Paid
$ 850.00
Make check payable to: Colorado Department of
Revenue. The State may convert your check to a one-
time electronic banking transaction. Your bank account
may be debited as early as the same day received by
the State. If converted, your check will not be retumed. If
your check is rejected due to insufficient or uncollected
funds, the Department may collect the payment amount
directly from your banking account electronically.
Retail Liquor License Renewal Application
Please verify & update all information below. Return to city or county licensing authority by due date.
Note that the Division will not accept cash. ® Paid by check Uploaded to Movelt on Date
❑ Paid online
Licensee Name
ION, LLC
Doing Business As Name (DBA)
IMcCarty's Eaton
Liquor License Number
03-17805
Sales Tax License Number
94992262
Business Addpess
License Type
Hotel & Restaurant (County) with One Optional Premises
Expiration Date
December 4, 2025
Due Date
October 20, 2025
Street Address
37661 County Road 39
City
Eaton
Mailing Address
Phone Number
(970) 454-2106
State ZIP Code
CO
80615
Street Address
PO Box 240
City
Eaton
Email
State ZIP Code
80615
mccartys39ecc@gmail.com
Page 2 of 7
Date of Birth
Operating Manager
(Daniel Kostrewa
Home Address
Street Address
1376 Plains CT
City
Eaton
Phone Number
9705738503
State ZIP Code
CO
80615
1. Do you have legal possession of the premises at the street address?
Are the premises owned or rented? 0 Owned
0 Rented*
*If rented, expiration date of lease
Yes 0 No
9/30/2028
2. Are you renewing a storage permit, additional optional premises, sidewalk
service area, or related facility? ® Yes 0 No
If yes, please see the table in the upper right hand corner and include all fees due.
3. Are you renewing a takeout and/or delivery permit? 0 Yes ® No
(Note: must hold a qualifying license type and be authorized for takeout and/or delivery license privileges)
If selecting `Yes', an additional $11.00 is required to renew the permit.
If so, which are you renewing? 0 Delivery 0 Takeout 0 Both Takeout and Delivery
4. Since the date of filing of the last application, has the applicant, including its
manager, partners, officer, directors, stockholders, members (LLC), managing
members (LLC), or any other person with a 10% or greater financial interest in
the applicant, been found in final order of a tax agency to be delinquent in the
payment of any state or local taxes, penalties, or interest related to a business?.... 0 Yes ® No
Since the date of filing of the last application, has the applicant, including its
manager, partners, officer, directors, stockholders, members (LLC), managing
members (LLC), or any other person with a 10% or greater financial interest in
the applicant failed to pay any fees or surcharges imposed pursuant to section
44-3-503, C.R.S.? O Yes ® No
5. Since the date of filing of the last application, has there been any change in financial
interest (new notes, loans, owners, etc.) or organizational structure (addition or
deletion of officers, directors, managing members or general partners)? 0 Yes ® No
If yes, explain in detail and attach a listing of all liquor businesses in which these new lenders,
owners (other than licensed financial institutions), officers, directors, managing members, or
general partners are materially interested.
DR 8400 (08/23/24) Page 3 of 7
6. Since the date of filing of the last application, has the applicant or any of its
agents, owners, managers, partners or lenders (other than licensed financial
institutions) been convicted of a crime? O Yes C No
If yes, attach a detailed explanation.
7. Since the date of filing of the last application, has the applicant or any of its
agents, owners, managers, partners or lenders (other than licensed financial
institutions) been denied an alcohol beverage license, had an alcohol
beverage license suspended or revoked, or had interest in any entity that had
an alcohol beverage license denied, suspended or revoked? 0 Yes ® No
If yes, attach a detailed explanation.
8. Does the applicant or any of its agents, owners, managers, partners or lenders
(other than licensed financial institutions) have a direct or indirect interest in
any other Colorado liquor license, including loans to or from any licensee or
interest in a loan to any licensee? Yes 0 No
If yes, attach a detailed explanation.
9. I would like to apply for a Two -Year Renewal 0 Yes 0 No
Affirmation & Consent
I declare under penalty of perjury in the second degree that this application and all attachments are
true, correct and complete to the best of my knowledge.
Type or Print Name of Applicant/Authorized Agent of Business
(Paul Speck
Title
Owner
Signature
Date (MM/DD/YY)
1109/19/2025 I
DR 8400 (08/23/24)
Page 4 of 7
DR 8495 (02/16/24)
COLORADO DEPARTMENT OF REVENUE
Liquor Enforcement Division
PO BOX 17087
Denver CO 80217-0087
(303) 205-2300
Tax Check Authorization, Waiver, and Request to Release Information
Paul Speck
am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter
"Waiver") on behalf of
(the "Applicant/Licensee")
ZION LLC
to permit the Colorado Department of Revenue and any other state or local taxing authority to release
information and documentation that may otherwise be confidential, as provided below. If I am signing
this Waiver for someone other than myself, including on behalf of a business entity, I certify that I have
the authority to execute this Waiver on behalf of the Applicant/Licensee.
The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and
oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The
information and documentation obtained pursuant to this Waiver may be used in connection with the
Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing
authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado
Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set
forth the investigative, disciplinary and licensure actions the state and local licensing authorities may
take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting and
payment obligations.
The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution
or ordinance concerning the confidentiality of tax information, or any document, report or return filed
in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation
of a license, or until both the state and local licensing authorities take final action to approve or deny
any application(s) for the renewal of the license, whichever is later. Applicant/Licensee agrees to
execute a new waiver for each subsequent licensing period in connection with the renewal of any
license, if requested.
By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and any
other state or local taxing authority or agency in the possession of tax documents or information,
release information and documentation to the Colorado Liquor Enforcement Division, and is duly
authorized employees, to act as the Applicant's/Licensee's duly authorized representative under
section 39-21-113(4), C.R.S., solely to allow the state and local licensing authorities, and their duly
authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. Applicant/
Licensee authorizes the state and local licensing authorities, their duly authorized employees, and
their legal representatives, to use the information and documentation obtained using this Waiver in any
administrative or judicial action regarding the application or license.
Page 6 of 7
Name (Individual/Business)
ZION LLC
Social Security Number/Tax Identification Number
86-2501372
Street Address
Home Phone Number
N/A
Business/Work Phone Number
9704542106
37661 cr39
City
(Severance
Printed name of person signing on behalf of the Applicant/Licensee
(Paul Speck
State ZIP Code
80615
Applicant/ .censee's Si nature Si nature authorizin the disclosure of confidential tax information) Date Signed
1109/19/2025 I
Privacy Act Statement
Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will
be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note).
DR 8495 (02/16/24) Page 7 of 7
Leah Flesner
From:
Sent:
To:
Cc:
Subject:
Daniel <mccartys39ecc@gmail.com>
Tuesday, November 4, 2025 3:23 PM
Leah Flesner
Chloe White
Re: Renewal Liquor License - Interest in Other Liquor Licenses
Sender
sldetWeld`County Government. Do not click links or: open attachments unless your
e.�
Paul Speck - Bruces Bar
Daniel Kostrewa - Hearth Restaurant
On Tue, Nov 4, 2025 at 3:13 PM Leah Flesner <lflesner@weld.gov>wrote:
Good afternoon,
I am finalizing your renewal packet to prep it for the hearing, and I just need confirmation on the other license
types/names you both are involved in.
Thank you,
Leah Flesner
Deputy Clerk to the Board
Desk: 970-400-4227
P.O. Box 758, 1150 O St., Greeley, CO 80632
01000
Join Our Team
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,
ION LLC
is a
Limited Liability Company
formed or registered on 12/14/2020 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 20208076274 .
This certificate reflects facts established or disclosed by documents delivered to this office on paper through
09/30/2025 that have been posted, and by documents delivered to this office electronically through
10/01/2025 @ 09:15:54 .
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 10/01/2025 @ 09:15:54 in accordance with applicable law.
This certificate is assigned Confirmation Number 17743932 .
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://wwtt.c•ulor•aclosos.gotvbi:1Certi/icateSearc/:Criteria.do entering the
certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate
is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our website,
httpc:; innt'.coloradosos.gov click "Businesses, trademarks, trade names " and select "Frequently Asked Questions."
REAL ESTATE LEASE AND RESTAURANT AND BAR
OPERATIONS AGGREEMENT
This Lease and Agreement (this "Lease") is dated I — � ' 2 022- , by and between
Eaton Country Club ("Landlord"). And RnR.LLC ("Tenant"). The parties agree as follow:
PREMISES. The Premise is made up of the existing Eaton Country Club Building consisting of
two floors equaling approximately 14,151 square feet and Parking area equaling approximately
27,0000 square feet. Landlord, in consideration of the lease payment provided in this lease, leases
to the Tenant to staff and operate McCarty's Restaurant and Bar consisting of 6,924 square feet of
Restaurant Dining Room, Kitchen Area, Storage, and 50% (fifty percent) of 1,526 square feet of
the Building Facility common areas and 27,000 square feet Parking area, (considered as the
proportional share of the use the "Premises") located at 37661 WCR 39, Eaton, Colorado 80615.
TERM. The lease term will begin on October 1, 2022 and will terminate on September 30, 2026.
It is understood that either party must provide written notification to the other party thirty (30)
days in advance of intent to vacate the Premise. Termination must occur at the end of the Calendar
month. Upon vacating the Premise, Tenant must hereby agree to return same to as good repair and
"Broom Cleaned" condition as of the commencement date of the Lease, acceptable to Landlord's
designated representative.
TRIPLE NET LEASE. This lease is what is commonly referred to as a "triple Net Lease", it
being the intention of the parties that Landlord and Tenant shall have mutual responsibilities that
are apportioned, as described in the following paragraph, to the occupation of the respective areas
of tie Property to maintain, repair, improve, alter or in any way incur any expense in connection
with the Property, and that the rent and any other payments to be made by the Tenant to or on
behalf of Landlord under the terms hereof, are to be free and clear of any impositions, expenses or
setoffs of any kind or nature whatsoever, including without limitations, any taxes, charges or
expense in connection with ownership, maintenance including janitorial services, repair and
operation of the Property, all such expenses, charges and taxes paid by the Tenant as provided
herein.
Tenant shall pay gross proportional share of Forty -Nine (49) Percent and the Landlord shall pay
the gross proportion share of Forty -One (41) Percent for all water, gas, heat, light, power,
telephone, and other utilities and services supplied to Premise, together with any taxes thereon and
the proportional share of real property taxes, all-risk and earthquake insurance, and Fifty (50)
percent of common area utilities, taxes, insurance and maintenance expenses. Since all such
services are not separately metered to the Tenant and Landlord, the Tenant and Landlord shall pay
the apportioned share of the all costs as described herein.
LEASE PAYMENT. Tenant shall pay to the Landlord monthly installment starting at $6,100.00
payable in advance on the first day of each month starting at the renewal date of October 1, 2022,
of this agreement and then will increased at the following increments of 4%, 5%, and 6% each
year after through the fourth year, as defined as follows:
1
1. October 2022 - September 2023: $6,100.00 per month equal to $73,200.00 annually.
2. October 2023 - September 2024: $6,344.00 per month equal to $76,128.00 annually.
3. October 2024 - September 2025: $6,661.20 per month equal to $79,934.40 annually.
4. October 2025 - September 2026: $7,060.87 per month equal to $84,730.46 annually.
Lease payments shall be made to the Landlord at 37661 WCR 39 or P.O. Box 240, Eaton, Colorado
80615.
EATIMATED PAYMENTS. Tenant shall be notified by Landlord of Estimated Payments for
taxes, insurance, maintenance of the Premise, utilities and services from time to time. The
Estimated Payments shall be paid by the Tenant together with rent on the first day of each month
throughout the Term. The Estimated Payments may be increased or decreased by the Landlord
upon written notice to the Tenant based upon statements received or charges incurred by the
Landlord, information available to Landlord as to probable cost of expected charges and expenses,
or reasonable estimate of Landlord as to probable cost of expected charges and expenses, or as to
the probable amount of the expected charges or expenses. Landlords shall be entitled to retain the
monies received from such payment in its general fund pending payment of all such costs and
charges. No more frequently than once each calendar quarter, the actual costs shall be determined
by Landlord, and Tenant shall remit to Landlord on demand its unpaid pro rata share of the actual
expense. In the event Tenant paid more than actual expenses for such period of time, Landlord
shall apply such overpayment towards the next Estimated Payment owing by Tenant. At the
termination of this Lease, an accounting for such charges and expenses shall be made to nearest
practical accounting period, and Tenant shall pay to Landlord any balance due, or Landlord shall
refund to Tenant any excess amount paid.
SECURITY DEPOSIT. Intentionally left blank.
POSSESSION. Tenant shall be entitled to possession on the first day of the term of the Lease,
and shall yield possession to Landlord on the last day of the term of this lease, unless otherwise
agreed by both parties in writing. At the expiration of the term, Tenant shall remove its goods and
effects and peaceably yield up the Premises to landlord in as good as condition as when delivered
to Tenant, ordinary wear and tear expected.
ALTERATIONS. Tenant covenants and agrees that all Alterations constructed on the Property
or work performed or cause to be performed by Tenant shall be in accordance with all laws, rules,
orders, directions, codes, regulations and requirements of all governmental agencies, offices,
departments, bureaus, and boards having jurisdiction over the Property. Tenant shall provide
Landlord with at least 60 days' notice prior to having any construction materials deliver to the
Property or commencing construction of any improvement, and shall reasonably cooperate with
Landlord in posting of notice of non -responsibility.
COST OF ALTERATIONS. Tenant shall pay all costs of constructing any Alterations to the
proportional areas leased and approved by Landlord including but not limited to fees and costs
charged by architects, engineers, the general contractor, subcontractor, and laborers and material
men, and shall not permit any mechanic's or materialmen's liens against the Property in connection
therewith.
2
FURNISHINGS. The following furnishings will be provided: Restaurant tables, chairs, and
kitchen equipment are provided and Tenant shall return all such items at the end of the lease term
in condition as good as the condition at the beginning of lease term, except for such deterioration
that might result from normal use of the furnishings.
DAMAGES. Any damages to following items of property located in or on the premises will result
in a charge to the Tenant as indicated herein:
Item
Tables
Chairs
Ice Machine
Beer Cooler
Food Coolers
Dishwashers
Charge
PARKING. Tenant shall be entitled to use of the parking lot for parking of the Tenants
customer/guests `motor vehicle(s)
STORAGE. Tenant shall be entitled to store items of personnel property, restaurant and bar goods
and materials in the designated storage areas during the terms of this lease. Landlord shall not be
liable for loss of, or damage to such stored items.
PROPERTY INSURANCE. Landlord shall maintain casualty property insurance on the
Premises and all improvements against damage by fire and lightning and against loss or damage
by other risks. Tenant shall be responsible for the proportional share of the casualty insurance
costs. All insurance proceeds payable by occurrence of any covered loss shall be payable to
Landlord, and Tenant shall have no right or claim to any such insurance proceeds payable with
respect to improvements, excluding, however, any such proceeds that may be payable with respect
to Tenant's personal property, trade fixtures, and stored goods.
LISABILITY INSURANCE. Landlord shall maintain liability insurance on the premise. Tenant
shall be responsible for the proportional share of the liability insurance.
RENEWAL TERMS. This lease shall automatically renew for an additional period of two (2)
years per renew term, unless either party gives written notice of termination no later than 180 days
prior to the end of the term or renewal term. The lease terms during any such renewal term shall
be the same as those contained in this lease except that the lease installment payment shall be
$1.0912 the first year and $1.1784 the second year per square foot for the Tenants proportional
share of Premise square footage.
MAINTENANCE. Landlord shall have the responsibility to maintain the Premise in good repair
at all times during the term of lease, Tenant shall be responsible for their proportional share of the
maintenance costs during the term of the Lease.
3
UTILITIES AND SERVICES. Landlord shall have the responsibility for providing all Utilities
and Services incurred in the connection with Premises, Tenant shall be responsible for their
proportional share of the Utility and Services cost.
TAXES. Taxes attributed to the Premises or the use of Premises shall be allocated as follows:
REAL ESTATE TAXES. Tenant shall pay his proportional share of all real estate taxes
and assessments which are assessed against the Premises as a portion of the Lease payment
during the time of Lease. "teal Property Taxes" shall include any form of assessment,
licenses, fee, rent tax, levy, penalty or tax imposed by any authority having the direct or
indirect power to tax, including any improvement district, as against any legal or equitable
interest of Landlord in the Premises or as against Landlord's business of renting the
Premises. Tenant's share of the Real Property Taxes shall be equitably prorated to cover
only the period of time within the fiscal tax year during which this Lease is in effect. With
respect to any assessments which may be levied against or upon the Premises and which
may be paid in annual installments, only the amount of such annual installments (with
appropriate proration for any partial year) and interest due thereon shall be included with
the computation of the annual Real Property Taxes. Landlord represents that to the best of
his knowledge, there are no assessment or improvement districts being planned which
would affect the Premises other than as is in effect as of the date of this Lease
PERSONAL TAXES. Tenant shall pay all personal taxes and any other charges which
may be levied against the Premises and which are attributed to the Tenant's use of the
Premises, along with all sales and/or use taxes (if any) that may be due in connection with
lease payment. Accordingly, Tenant shall pay before delinquency all taxes levied or
assessed on Tenant's fixtures, furnishings, merchandise, equipment and personal property
in and on the Premises, whether or not fixed to the real property. If the Tenant good faith
contests the validity of any such personal property taxes, then Tenant shall at its sole
expense defend itself and Landlord against the same and shall pay and satisfy any adverse
determinations or judgement that may be rendered there on and shall furnish Landlord with
a surety bond satisfactory to Landlord in an amount equal to 150% of such contested taxes.
Tenant shall indemnify landlord against liability for any such taxes and/or liens place on
the Premises in connection with such taxes. If at any time after any tax or assessment has
become due or payable Tenant or its legal representative neglects to pay such tax or
assessment Landlord shall be entitled, but not obligated, to pay same at any time thereafter
and such amount so paid by Landlord shall be repaid by Tenant to landlord with Tenant's
next rent installment together with interest at the highest rate allowable by law.
TERMINATION UPON SALE OF PREMISES. Notwithstanding any other provision of this
Lease. Landlord may terminate this lease upon 90 days' written notice to Tenant that the Premises
has been sold.
TERMINATION CLAUSE. Tenant may, upon 90 days' written notice to Landlord, terminate
this Lease provided that the Tenant pays a termination charge equal to three (3) months' rent of
the year of termination or the maximum allowable by law, whichever is less. Termination will be
4
in effect as of the last day of the calendar month following the end of the 90_dav notice period.
Termination charge will be in addition to all rent due up to the termination day.
MILITARY TERMINATION CLAUSE. Intentionally left blank.
DESTRUCTION OR CONDEMNATION OF PREMISE. If the Premises are partially
destroyed by fire or other casualty to an extent that prevents the conducting of Tenant's use of the
Premises in a normal manner, and if the damage is reasonably repairable within sixty days after
the occurrence of the destruction, and if the cost of repair is less than $500.00. Landlord shall
repair the Premises and a just proportion of lease payment shall abate during the period of the
repair according to which the Premises have been rendered untenantable. However, if the damage
is not repairable within sixty days, or if the cost of repair is 500.00 or more, or if Landlord is
prevented form repairing the damage by force beyond Landlord's control, or if the property is
condemned, this Lease shall terminate upon twenty days' written notice of such event or condition
by either party and any unearned rent paid in advance by Tenant shall be apportioned and refunded
to it. Tenant shall give Landlord immediate notice of any damage to the Premises.
DEFAULTS. Tenant shall be in default of this Lease if Tenant fail to fulfill any lease obligation
or term by which Tenant is bound. Subject to any governing provisions of law to the contrary. If
Tenant fails to cure any financial obligation within days (or any other obligation
within days) after written notice of such default is provided by Landlord to Tenant,
Landlord may take possession of the Premises without further notice (to the extent permitted by
law), and without prejudicing Landlord's right to damages. In the alternative, Landlord may elect
to cure any default and the cost of such action shall be added to Tenant's financial obligations
under this Lease. Tenant shall pay all cost, damages, and expenses (including reasonable attorney
fees and expenses) suffered by Landlord by reason of Tenant's default. All sums of money or
charges required to be paid by Tenant under this Lease shall be additional rent, whether or not such
sums or charges are designated as "additional rent". The rights provided by this paragraph are
cumulative in nature and are in addition to any other rights afforded by law.
LATE PAYMENTS. For any payment not paid within days after its due date. Tenant
shall pay a late fee of $
HOLDOVER. If Tenant maintains possession of the Premises for any period after termination
of the Lease ("Holdover Period"), Tenant shall pay to the Landlord lease payment(s) during the
Holdover period at a rate equal to the normal payment rate set forth in the Renewal Terms
paragraph.
CUMULATIVE RIGHTS. The ri@hts of the parties under this Lease are cumulative, and shall
not be construed as exclusive unless otherwise required by law.
NON -SUFFICIENT FUNDS. Tenait shall be charged $150.00 for each check that is returned to
landlord for lack of sufficient funds.
REMODLELS, FURNISHING REPLACEMENTS, OR STRUCTURAL IMPROVMENTS.
Tenant shall have an obligation to bring to the attention of Landlord any necessary remodels,
furnishing replacement, or construction improvements that may be required to sue the Premises as
5
specified herein. Tenant may also construct such fixtures on the premises (at Tenant's expense)
that appropriate facilitate its use for such purposes. Such construction or additions shall be
undertaken and such fixtures may be erected only with the prior written consent of landlord which
shall not be unreasonably withheld. Tenant shall not install awnings or advertisements on any part
of the Premises without Landlord's prior written consent. At the end of the lease term, Tenant
shall be entitled to remove (or at the request of Landlord shall remove) such fixtures, and shall
restore the Premises to substantially the same condition of the Premises at the commencement of
this Lease.
Landlord shall have the right to redesignate, remodel, replace or make structural improvements to
the premises that may change or modify the use the proportional share of the building square
footage. In such a case, the Tenant's lease amount shall be altered to reflect the proportional use.
ACCESS BY LANDLORD TO PREMISES. This section is intentionally not included because
Landlord and Tenant jointly occupy the Premises. (See the section on OPERATIONS, McCarty's
Restaurant and Bar)
INDEMNITY REGARDING USE OF PREMISES. Tenant shall maintain indemnity insurance
and hold harmless, and defend Landlord, Board, and employees, against and from and all actions,
suits, claims, demands, or liability of character whatsoever brought or asserted for injuries to or
death of any person or persons, damages to property arising out of, result from or occurring in
connection with Tenant's possession and operation of any restaurant and bar service.
OPERATIONS. Landlord, through its Board of Directors shall appoint at least one (1) active
Board of Directors Member to serve as liaison between the Tenant (Service Provider), the Board
of Directors, Board selected full time Manager, and the membership of the Landlord. The
appointed Board Member(s) will form and maintain a committee of active members, in good
standing, to represent the membership in matters as they relate to the Statement of Work/Services
defined later in this section. The appointed Board Member(s) will be the spokesman for the
membership to the Board of Directors and Tenant.
Tenant (Service Provider) shall appoint at least one (1) Manager that will be available to the
Landlord's Board of Directors, Management, and designed liaison Board Member relating to
management and execution of this Lease. Tenant's Representative will attend scheduled service
meetings, and monthly Landlord Board Meetings to provide agreed upon updates and information
described as follows.
This Lease incorporates the executed Master Service Agreement dated August 8, 2016, as
described as follows: Article 12. Warranty: paragraphs; e, f, g, h, i, j, k, &l.; Article 19. Prohibition
Against Employing Aliens: ; EXHIBIT A - STATEMENT OF WORK/SERVICES except for
third paragraph; EXHIBIT B - COST DETAIL except for the sixth, seventh, eighth, and nineth
paragraphs; EXHIBIT C - MONTHLY REPORTING; and EXHIBIT D - ASSET
INVENTORY. Further, this Lease incorporates the Master Service Agreement Renewal dated
August 8, 2018, as described as follows: Article 2. RENEWAL TERMS; paragraph b. Expense
Agreement: subparagraphs: ii., iii., and iv.
6
In the event of conflict with the wording in the Master Service Agreement and the Master
Service Agreement Renewal, the Lease shall prevail unless over rule by law, ordinances, codes,
regulations, or requirements of federal, state, county or other authorities.
LANDLORD'S RIGHTS OF SCHEDULE AND USE OF PREMISE. Landlord shall have the
right to control the schedule, use, and activities at the premise with respect special Eaton Country
Club events and golf tournaments. As much as possible, the Club staff shall coordinate and work
with Tenant's event coordinator with respect to the schedules, sizes of special events and
tournaments. In the event of scheduling and activity conflicts Landlord's Board shall have control.
DANGEROUS MATERIALS. Tenant shall not keep or have on the Premises any article or thing
of dangerous, flammable, or explosive character that might substantially increase the danger of
fire on the Premises, or that might be considered hazardous by a responsible insurance company,
unless the prior written consent of Landlord is obtained and proof of adequate insurance protection
is provided by Tenant to Landlord. Tenant shall be entitled to use and store only those Hazardous
materials, that are necessary for Tenant's business, provided that such usage and storage is in full
compliance with all applicable local, state, and deferral statues, orders, ordinances, rules and
regulations (as interpreted by judicial and administrative decisions). Tenant shall not keep or store
on the Premises chemicals in quantities, amounts, concentrations or type which are in excess of
those permitted by local, state, federal laws, regulations or ordinances.
Tenant shall give to landlord immediate verbal and follow-up written notices of any spills, releases
or discharges of Hazardous Material on the Premises, or in common areas or parking lots (if not
considered part of Premises), cause by acts or omissions of Tenant, or its agents, employee's,
representatives, invites, licensees, subtenants, customers or contractors. Tenant covenants to
investigate, clean-up, and otherwise remediate any spill, release or discharge of Hazardous
Material caused by acts or omissions to Tenant, or tis agents, employees, representatives, invitees,
licensees, subtenants, customers or contractors at Tenant's cost and expense: such investigations,
clean-up and remediation to be performed after Tenant has obtained Landlord written consent,
which shall not be unreasonably withheld: provided, however, that Tenant shll be entitled to
respond immediately, defend and hold Landlord harmless from and against any and all claims,
judgements, damages, penalties, fines, liabilities, losses, suits, administrative proceedings and
costs (including, but not limited to attorneys' and consultant fees) arising form or related to the
use, presences, transportation, storage, disposal, spill, release or discharge of Hazardous Materials
on or about the Premises caused by the acts or omissions of Tenant, its agents, employees,
representatives invitees, licensees, subtenants, customers or contractors. Tenant shall not be
entitled to install any tanks under, on or about the Premises for the storage of Hazardous materials
without the express written consent of Landlord, which may be given or withheld in Landlord sole
discretion.
COMPLIANCE WITH REGULATIONS. Tenant shall promptly comply with all laws,
ordinances, requirements, and regulations of federal, state, county, and other authorities, and the
fire insurance underwriters. However, Tenant shall not by this provision be required to make
alterations to the exterior or interior of the building or alterations of a structural nature.
7
MECHANICS LIENS. Neither the Tenant nor anyone claiming through Tenant shall have the
right to file mechanic liens or any other kind of lien on the Premises and the filing of this Lease
constitutes notice that such liens are invalid. Further, Tenant agrees to (1) give advance notice to
any contractors, subcontractors or suppliers of goods, labor, or other services that such liens will
not be valid, and (2) take whatever additional steps that are necessary in order to keep the Premises
free of all liens resulting from constriction done by or for the Tenant.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or
relating to this Lease through friendly negotiations amongst the parties. If the matter is not
resolved by negotiating, the parties will resolve the dispute using the below Alternative Dispute
Resolution (ADR) procedure.
Any controversies or disputes arising out of or to this Lease will be submitted to mediation in
accordance with any statutory rules of mediation. If mediation does not successfully resolve the
dispute, then parties may proceed to seek an alternative form of resolution in accordance with any
other rights and remedies afforded to them by law.
SUBORDINATION OF LEASE. This lease is subordinate to any mortgage that now exists, or
may be given later by Landlord, with respect to the Premises.
ASSIGNABILITY/SUBLETTING. Tenant may not assign or sublease any interest in the
Premises, not effect a change in majority ownership of the Tenant (from the ownership existing at
the inception of this Lease) nor assign, mortgage or pledge this Lease, without prior written consent
of Landlord, which shall not be unreasonably withheld.
Such addresses may be changed from time to time by either party by providing notice set forth
above. Notices mailed in accordance with above provisions shall be deemed received on the third
day after posting.
GOVERNING LAW. This Lease shall be construed in accordance with laws of the State of
Colorado.
ENTIRE AGREEEMNT/AMENDMENT. This Lease contain the entire agreement of the
parties and there are no other promises, conditions, understanding or other agreements, whether
oral or written, relating to the subject natter of the Lease. This Lease may be modified or amended
in writing, if the writing is signed by the party obligated under this amendment.
SEVERABILITY. If any portion of the Lease shall be held to be invalid or unenforceable for
any reason, the remaining provisions shall continue to be valid or enforceable. If a court finds that
any provision of the Lease is invalid or unenforceable, but that by limiting such provisions, it
would become valid or enforceable, then such provisions shall be deemed to be written, construed,
and enforced as so limited.
WAIVER. The failure of eh either party to enforce any provision of the Lease shall not be
construed as a waiver or limitation of that party's right to subsequently enforce and compel strict
compliance with every provision of this Lease.
8
BINDING EFFECT. The provision of this Lease shall be binding upon and inured to the benefit
of both parties and their respect legal representatives, successors and assigns.
SIGNATURES AND NOTICE. This Lease shall be signed by the following parties. No notice
under this Lease shall be deemed valid unless given or served in writing and forwarded by mail,
postage prepaid, and address to the parties below.
LANDLORD:
Eaton Country Club
37661 WCR 39, P.O. Box 240
Eaton, Colorado 80615
TENANT:
RnR, LLC
Street, 3741 WCR 3� P.O. BoX 2140
F a4oni G Oloru20
LANDLORD:
Eaton Country Cl b
By: Date: D//3/2
TENANT:
RnR, L
By:
9
Date:
Master Service Agreement Renewal Amendment
The RENEWAL AGGREEMENT made and entered into August 14,2018 by and between THE
EATON COUNTRY CLUB, a non-profit corporation, hereafter referred to as the "CLUB" or "ECC"
and RnR, LCC., hereinafter referred to as "Service Provider", is hereby AMENDED to read,
EATON COUNTRY CLUB, a non-profit corporation, hereafter referred to as the "CLUB" or "ECC"
and ION, LLC., hereinafter referred to as the "Service Provider". All other applicable terms,
agreements, and obligations as stated in the original agreement continue in the signed Renewal
Agreement.
Signatures
Date: /I` I 7
Eaton Country Club
Randy Miller, President, Board of Directors
Date: I f/ 9 /Z I
Eaton Country Club
Chris Williamson, PGA
ION, LLC.
Daniel Kostrewa
Date: ////7/2/ /%/2/
a 6' 5'72
v
AUG 1 01988
ANN SPOMIE
—Recorer.
Recorded ee I o;,,, ..M.,
Reception No 14 3961
r l
Q _
Tess DEED, Made this 10th day of August
in the year of our Lord one thousand nine hundred and sixty—six
between
Merle L. Campbell
of the County of Weld
and State of Colorado, of the first part, and
The Eaton Country Club, a Corporation
of the County of Weld
and State of Colorado, of the second part:
WiTNESSETIL That the said pert of the first part, for and in consideration of the sue of
other valuable considerations and one thousand
DOLLARS,
to the said part y of the first part in hand paid by the said parties of the second part, the receipt whereof is
hanky confessed and acknowledged, ha S granted, bargained, sold and conyS anddR �y these presents dealt
grant. bargain, Bell, convey and confirm onto the said parties of the second parc,�ttachEi aseigas forever,,mak
fialliNDGCNONEEDONDIEWEICANZUDGEW all the following described lot or panel of land, situate, lying
and belegAnthe count, of Weld and State of
ColoradoXit8h
and in districts as of record, being all that 124.6 -acres more
or less of the North Half (N') of Section Thirty (30), Township
Seven (7)ploita, Range Sixty-five (65), West of 6th P. M., lying
East of For Far Lateral, being more particularly descriped as.
follows: Beginning at the northeast corner of said Section 30;'
dial e.;running West on the North line of said Section, 1375 feet
tq that !enter of the For Far Lateral as said lateral is now con -
strytot lover and across said land; thence along the center line
. of said —lateral as follows (by true bearings variation 14°30' E.);
heat . . 27000' West 253 feet; thence S. 13°20' W. 200 feet.;thend8
11, 435., W. 180 feet; thence S. 22°40' W. 143 feet; thence 'S•• '2a$2
• 'W:18t Seet; thence S. 26°55' W. 222 feet; thenceo . 23°25' W. 210
feet; thence S. 29030' W. 157 feet; thence S. 24 30' W. 198 feet;
thence S. 14°15' W. 156 feet; thence S. 26°15' W. 112 feet;thence
S.a$°30' W. 195 feet; thence S. 55°50' W. 142 feet; thence S.
67625.W. 84 feet; thence S. 79°10' W. 202 feet; thence S. 83°00'
W. 280 feet; thence'S. 75°30' W. 95 feet; thence S. 33°50' W. 100
feet; thence S. 11°40' W. 80 feet; thence S. 14°10' E. 86 feet;
thence S. 31°10' E. 155 feet to the east and west center lines
through said section to a point 409 feet. West of the center. of
said Section; thence East on the center line 3019 feet to the
quarter section corner on the east side of said section; thence
north on the east boundary of said Section 2641 feet to the point
of beginning, also with ttlree((3)), shares of For Far Lateral Company,
100 gore feet water allotment of Northern Colorado Water Conservancy
District, the irrigation pumping plant, motors and attachments on
the northeast quarter of section 30, the rights to water for a lake
on said lands by agreements in Books 416 page 493, and 1451 pagell,
Weld County Records, the rights to carry water therefrom in
For Far Lateral and all ditch rights, water rights and rights of
way for use with said lands, however evidenced,- excepting and
reserving to first party all 1966 crops whether matured or growing'
otherwise
(k.
.INTERNAL REVENUE
DOCUMENTARY=
ilUOIOBB
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and
all the estate, right, title, interest, claim and demand whatsoever of the said party of the first part, either in
law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances.
Ne, 769. xAsadNrr users- .-andtml.nobinte Print. Commas. IeeHe afoot ales; Denver, Colorado
o e -i•t/ pp4./
X572
1493961
•
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, ants the.
said parties of the second part, their heirs and assigns forever. And the said partY of the Pint part, for
h'im eel f' his heirs, exeestere,,Mmlignideavre, do as covenant, grant, bargain and agree to
and with the said parties of the second part, BMX sew assigns, that at the time of the caseating and delivery
of these presents, he is well seised of the premises above conveyed, as of good, sure, perfect, absolute
and indefeasible estate of inheritance in law, in fee simple, and has good right, fall power and lawful authority
to grans, bargain, seE and away the same in manner Surd form aforeesid, and that the tame are free and dear from
aU former and other grants, bargains, seise, liens, .0...sesame. and iacumbmnate of whatever kind or nature,
soaves; subject : to: -
taxes of C66 payable in 1967, mortgage of record to secure
Fede14.,1 Land Bank of Wichita, a deed of trust of record to secure
the Farmers National Bank of Ault, Colorado, rights of way for
public roads and pipe lines of record, existing ditches, and
reservoi7,aaniebamenteor 1966 due in 1967,
and the above bargained premises in the quiet and peaceable poseesion of the said parties of the second part, their
heirs andassigns, against all sad every psaraon or persons lawfully claiming or to claim the whole or any part thereof,
the said part of the fir. part shell A and will WARRANT ND FOREVER DEFEND.
DI WHEREOF, WHEREOF,the said party of the first part ha s hereunto set his hand end
seal day and year first above written.
Signed, Sealed and Delivered la the Presence of
--/.!. ....... ..... ins.. [SEAL]
......_...........[SEAL]
.................................... _............................ _ ......_. _..... [ SEAL]
STATE OF COLORADO,
�'.' 5 E _ ing instrameat was aclmowledgef before me this / o &f thy o f Angus t
- 000DD,-rle L. Campbell
Wi'lliPeig§tion expire. —4t_, l • - , S ,19 "7 Witness my hand and official seal.
461A.1C
elf by attn. parson or perms bur insert name or mans : H 4r Damao et.. >o roDr+oahWo or din. spasltrerr aporaq.t¢,raet.
then ,meat neme oe.pema o eswtoe, atoeaeg•lu,•leet or other cam. or description: if by anew of onrporatisn, tben rosart mama e! sash
effleer or officers. s. n: the yrsld®L or other °![team of such eorporetton, naming l6
QV
vA
e
0
z
4107798 05/18/2015 08:41 AM
Total Pages: 2 Rec Fee: $16.00 Doc Fee: $30.00
Carly Koppes - Clerk and Recorder, Weld County, CO
WHEN RECORDED RETURN TO:
Sten+en Ray Armknecht and Rhonda
Jean Armknecht
37615 County Road 39
Eaton, CO 80615
File Number: 55242401141
WARRANTY DEED
Hrst American
THIS DEED, Made this Thirtieth day of April, 2015, between Lester A. Ewegen of the County of Weld and State
of Colorado, grantor, and Steven Ray Armknecht and Rhonda Jean Armknedlt whose legal address is 37615
County Road 39, Eaton, CO 80615 of the County of Weld and State of Colorado, grantee:
WITNESSETH, That the grantor, for and In consideration of the sum of THREE HUNDRED THOUSAND AND
NO/100 DOLLARS (300,000.00), the receipt and sufficiency of which is hereby adarowiedged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the
grantee, his heirs, successors and assigns forever, not In tenancy In common but in joint tenancy, all the real
property, together with Improvements, if any, situate, lying and being in the County of Weld, State of Colorado,
desceiied as follows:
Lot B of Recorded Exemption No. 0709.30 -1 -RE 1780, as per the map recorded October 26, 1995 in
Book 1516 at Reception No. 2461100, being part of the East Half of the Northeast Quarter (E1/2
NE1/4) of Section 30, Tovmshlp 7 North, Range 65 West of the 6th P.M., County of Weld, State of
Colorado.
also known by street and number as: 37515 County Road 39, Eaton, CO 80615
TOGETHER with all and singular the heredtWments and appurtenances thereunto belonging, or in anywise
appertaining and the reversion and remainders, rents, Issues and profits thereof; and an the estate, right, Interest,
claim and demand whatsoever of the 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 said premises above bargained and desalbed, with the appwtenanaes, unto die
said grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives,
does covenant, grant, bargain and agree to and with the grantee, his helm and assigns, that at the time of the
ensealing and delivery of these presents, he is weN seized of the premises above conveyed, has good, sure,
perfect, absolute and indefeasible estate of Inheritance, in law, In fee simple, and has good right, full power and
lawful authority to grant, bargain sell and convey the same In manner and form aforesaid, and that the same are
free and dear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and
restrictions of whatever kind or nature soever, and except general taxes for the current year and subsequent
years, and except easements, covenants, reservations, restrictions, and right of way, If any, of record.
fie grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and
peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to aN genders. Doc Fee: $30.00
4107798 05/18/2015 08:41 AM
Page 2 of 2
IN WITNESS WHEREOF, The grartor has executed this deed on the date set forth above.
star A. Ewegen
State of Colorado
County of pig
The foregoing instrument was acknowledged to before me this Thirtieth day of April, 2015 by Lesber A.
Ewegen.
Witness my hand and official seal.
My commission expires:
�ASHIEY N. FAHL
NOTANV PUBLIC
STATE Oi OOLpgARO
No CNexam� n
er c
4150330 10/15/2015 1O.28 AM
Total Pages. 6 Rec Fee. $36.00
Carly Koppes - Clerk and Recorder, Weld County, CO
RECORDATION REQUESTED BY:
Bank of Colorado
Eaton
56 South Elm Avenue
Eaton, CO 80815
WHEN RECORDED MAIL TO:
Bank of Colorado
Eaton
55 South Elm Avenue
Eaton. CO 80815
FOR RECORDER'S USE ONLY
DEED OF TRUST
MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed et any one time 5100,000.00 except as
allowed under applicable Colorado law.
THIS DEED OF TRUST is dated October 9. 2015, among Steven Ray Armknecht, whose address is 37615
CR 39, Eaton, CO 80615 and Rhonda Jaen Armknecht, whose address is 37615 CR 39, Eaton, CO
80615 ("Grantor"); Bank of Colorado, whom, address Is Eaton, 55 South Elm Avenue, Eaton, CO 80615
(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld
County, Colorado (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby M.o.. grams, vansferc and asslgns to Trustee for the
benefit of Lender as Benoficlary all of Grantor's right, tale. end interest m and to the following described real property, together with
all existing or subsequently erected or affixed buildings, improvements a. fixtures; all easements, rights of way, and appurtenances;
ell water. water nights and ditch rights {including stock n utilities with ditch or irrigation rights); end all other rights, royalties, and
profits relating to the real property, including without limitation all minerals oil, gas, geothermal and similar matters. (the "Real
Property") located in Weld County, State of Colorado:
Lot B of Recorded Exemption No. 0709 -30.1 -RE 1780, a per the map recorded October 26, 1996 In
Book 1516 et Reception No. 2461100, being a pert of the East heif of the Northeast quarter
IE1/2NE1/4) of Section 30, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State
of Colorado.
The Reel Property or its address is commonly known as 37615 CR 39, Eaton, CO 80815.
REVOLVING LINE OF Cfl�IT. This Deed of Trust aearres the Indebtedness including, ;Arts=
a revolving IMe of credF4
which oblates Under to make advanaea to Gremar ae long as Grantor ces;:i a with ea the terms of the Credit Agreement. 'Vieth
advances may be made, repaid. and remade from time to time, subject to the limitation that the total outstanding balance owing at
any one time, not including finance charges on such balance eta fixed or variable rate or sum as provided in the Credit Agreement.
any temporary overages, other chergea, and any amounts expended or advanced ea provided in either the Indebtsdnass paragraph or
this paragraph, shell not exceed the Credh Limit as praAded In the Credit Areement It le the Intention of Grantor and Under that
this Deed of Trust secures the balance outetendhtg coAt ...Credit Agreement from time to time from zero co to the Credit Limit as
provided le the CredR Agreement end any intermediate idance.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust' all of Grantor's right, title, and interest in and to
all present and future leases of the Property end alt Rents from the Property. In addition, Gram' grants to Lender a Uniform
Commercial Code security interact in the Personal Property end Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMEM OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, 18 GIVEN TO SECURE IA) PAYMENT Of THE INDEBTEDNESS AND i81 PERFORMANCE OF EACH OF GRANTOR'S
AGREEMENTS AND OBLIGATIONS UNDER THE CREDfT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST.
THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shell pay to Lender all amounts secured
by this Deed of Trust as they become due, end shall strictly and in a timely manner perform ell of Grantor's obligations under the
Credit Agreement, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be
governed by the following provisions:
Possession and Use. Until the occurrence of an Event of Dufeult, Grantor may (11 remain in possession and control of the
Property; (21 use, operate or manage the Property; and 131 collect the Rents from the Propert.
Duty to Makrtaln. Grantor shall maintain the Property in good condition and promptly perform all repairs, replacements, end
maintenance necessary to preserve Its value
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (11 During the period of Grantor's
ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened
release of any Hazardous Substance by any person on, under, about or from the Property; 121 Grantor has no knowledge of, or
Eaten, CO 80615
FOR RECORDER'S USE ONLY
DEED OF TRUST
MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall net exceed at any one time 5100,000.00 except as
allowed under applicable Colorado law.
THIS DEED OF TRUST is dated October 9, 2015. among Steven Ray Armknecht, whose address A 37615
CR 39, Eaton, CO 80615 and Rhonda Jean Armknecht, whose address A 37615 CR 39. Eaton, CO
80616 ("Grantor"); Bank of Colorado, whose address A Eaton, 55 South Elm Avenue, Eaton, CO 80615
(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of Weld
Count, Colorado (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grams, transtere end assigns to Trustee for the
benaflt of Lender At
Benefbieryell of Grentorb right, title, end interest in and to the following described reel property, together with
all exlettdng er eubsecitntiy erected or affixed buildings, improvements end fixtures; ail easements, rights of way, and appurtenances:
all water, water rights and ditch rights (including stock ,n utilities with ditch or urigetion rights(; end all other rights, royalties, and
profits 'elating to the reel property, including without limitation all minerals. oil. gas, geothermal and similar matters. (the "Real
Property") located In Weld County, State of Colorado:
Lot B of Recorded Exemption No. 0709-30.1.RE 1780, a per the map recorded October 26, 1995 in
Book 1516 at Reception No. 2461100, being a pert of the East half of the Northeast quarter
IE1/2NE1/4) of Section 30. Township 7 North, Range 85 West of the 6th P.M., County of Weld. State
of Colorado.
The Real Property or its address is commonly known as 37615 CR 39, Eaton, CO 80615. '
REVOLVING LINE OF CREDIT. Title Deed of Trust secures the Indebtedness including, without Ilmitatlon a revolving line of credit.
which obligates lender to make advances to Grantor eo long tie Grantor complies with all the terms of the Credit Agreement. Such
advances may be made, repaid. and remade from time to time. subject to the limitation that the total outstanding balance owing et
any one time, not including finance charges on such balance at a fixed or variable rate or sum es provided. the Credit Agreement.
any temporary overages, other charges, end any amounts expended or advanced es provided in either the Mdebtedneea peregraph or
this paragraph, s1re0 not exceed the Credit Limit as provided In the Credit Agreement. It Ia the Intention of Grantor end Lander that
thla Dsed a/ Trust ae.ures the belanes cutstenditg under the Credit AgresmeM from time to time from zero up to the Credit Limit es
provided in the Credit Agreement and any intermediate balance.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust, all of Grantor's right, title, and interest in and to
all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform
Commercial Code security interest in the Personal Property and Rents.
THIS GEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE IAI PAYMENT OF THE MOEBTEDNESS AND (el PERFORMANCE OF EACH OF GRANTOR'S
AOREBAENTs AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST.
THIS GEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender ell amounts secured
by this Deed of Trust as they become due, and shall strictly and in a timely manner perform ell of Grantor's obligations under the
Credit Agreement, this Deed of Trust, end the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor ogress that Grantor's possesaion end use of rho Property shall bo
governed by the following provisions:
Possession end Use. Until the occurrence of en Event of Default, Grantor may ill remain in possession and control of the
Property; (21 use, operate or manage the Property; and 131 collect the gents from the Property.
Doty b Melntaln. Grantor shall matmetn the Property in good condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve Its value
Campion.. With Environmental Laws. Grantor represents and wa •ants to Lender that: 111 During the period of Grantor's
ovrnerahip of the Property, there her been no use, generation, manufacture, storego, Vestment, Disposal, release or threatened
release of any Hazardous Substance by any person on, under, .hour or from the Property; (21 Grantor has rip knowledge of, or
reason to believe that there hes been, except as previously disclosed to and acknowledged by Lender in writing, (a1 any breach
or violation of any Environmental Lewa, lbI any use, genoretfon, manufacture, storage, treatment, dieDoeei, release or
threatened release of any Hazardous Substance on, under, about or from she Property W any prior owners or occupants of the
Property, or IG any actual or threatened litigation or claims of any kind by any person relating to such matters; and 131 Except
as previously dtecbsed to and acknowledged by Lender to wribng, lei neither Grantor nor any tenant, contractor, agent or other
atahodzed user of the Property shall use, generae. manufacture, store. treat dispose of or release any Hazardous Substance on,
under, about or from the Property; end Ib1 any such eetivity shall be conducted in compliance with ell applicable federal, atete,
end Iccal laws, regulations and ordlnencea, Including without Ilmltatlon ell Envnonmentel laws. Grantor authorizes Lender end its
agents to enter upon the Property to peke such Inspections end tests, et Grantor's expense, as Lender may deem eppropriete to
determine compliance of the Property with this section of the fitted of trust. Any Inspections or testa made by Lentler shell be
for Lender's purposes only and shall not be construed to create any responsibility or liability on the pert of Lender to Grantor or to
try other person. The rapreaentatioro end werrentioe contained herein era based on Grantor's due diligence in mvestigeting the
Property for Hazardous Substances. Grantor Hereby 111 rel9eSet enrf waives any future claims against Lander for indemnity or
Z"cantributbn in the event Grantor becomes liable for ceenup nr other cost~ under any such laws; and ?i agrees to indemnity:
,:i end hold harmless Lender against any end ell claims, losses, liebii tee. damages, penalties. and expellees which lender
may directly or indirectly sustain or flutter resulting from a breach of this section of the Deed of Trust or as a consepuence of env
Gmail - 1292942: 37615 County Road 39. Eaton, CO 80615: TBD TBD: Your Title Com... Page 1 of 3
Gmail
Steve Armknecht <rollinstoneautol@gmail.com>
1292942: 37615 County Road 39, Eaton, CO 80615: TBD TBD: Your Title
Commitment is Ready
3 messages
Cynthia Lepthien <Cynthia.Lepthien@stewart.com>
Reply -To: Cynthia.Lepthien@stewart.com
To Steven Armknecht <rollinstoneauto1@gmail.com>
Your title commitmentipreliminay report is ready.
The title commitment/preliminary report for the upcoming real estate transaction for 37615 County
Road 39, Eaton, CO 80615 is attached for your review. If you should have any questions, please do
not hesitate to contact your Stewart Title team.
Following is the contact information for your escrow team and file number:
File No. 1292942
Escrow Officer
phone
fax
Escrow Assistant
phone
fax
Thu, Jun 17, 2021 at 9:37 AM
https: //mai l.google.com/mail/u/0/h/ 166up3 9021my 1 /?&th=17a l adfab7c25570&ser=AIKc... 6/17/2021
Gmail - 1292942: 37615 County Road 39. Eaton, CO 80615: TBD TBD: Your Title Corn... Page 2 of 3
Thank you for choosing Stewart Title Company, we look forward to working with you throughout your
transaction.
Your closing explained: What happens when
Opening the Order/
Taz and Tillo Search
Examination and
Title L`ommitmnnt
Settlement]
Closing
Want to get a better understanding of the transaction process from beginning to and?
To get information about each phase of the escrow process o click here.
View more resources on the title and escrow process including a real estate glossary, title insurance
information and more.
Cynthia Lepthien
Cynthia. Lepthien@stewart.com
Title Examiner II
Stewart Title Company
This email message is for the sole use of the intended recipient(s) and may contain confidential information.
Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient,
please contact the sender by reply email and destroy all copies of the original message.
*Be aware! Online banking fraud is on the 6se. If you receive an email containing WIRE TRANSFER
INSTRUCTIONS call your escrow officer immediately, at a KNOWN NUMBER, to verify the information
prior to sending funds.**
Combined Commitment_2.pdf
385K
Steve Armknecht <rollinstoneautol@gmail.com> Thu, Jun 17, 2021 at 10:41 AM
To: Cynthia.Lepthien@stewart.com
Cynthia,
Thank you for taking care of this. I really appreciate you getting
this done for me.
Steve
{Quoted text hidden)
Cynthia Lepthien <Cynthia.Lepthien@stewart.com> Thu, Jun 17, 2021 at 10:48 AM
hops://mail.google.corn/maifu/0/hc 166u•p39021mv 1 /?&th=17a f adfab7c25570&Ser=AIKc... 6/17/2021
Gmail - 1292942: 37615 County Road 39. Eaton, CO 80615: TBD TBD: Your Title Corn... Page 3 of 3
To Steve Armknecht <rollinstoneautol@gmail.corn>
You're welcome!
Cynthia Lepthien
Title Examiner II
Stewart Title Company/SEFS
O (303) 780-4067
cy nthia.lepthien@stewart.com
NYSE STC
iQuoted text hidden]
https:l/mail.google.com/mail/W0/h/ 166up39021my 1 /?&th=17a 1 adfah7c25570&ser—A1 Kc... 6/17/2021
iltstewart
...._._.-TIT _E ..
Date: June 17, 2021
File Number: 1292942
Property Address: 37615 County Road 39, Eaton, CO 80615
37661 County Road 39, Eaton, CO 80615
Buyer/Borrower: TBD TBD
Please direct all Title inquiries to:
Kaye Gallegos
Phone: (303) 331-0333
Fax:
Email Address: kaye gallegos@stewartcom
TBD TBD
Delivery Method: Emailed
Steven Ray Armknecht
Rhonda Jean Armknecht
Eaton Country Club
Delivery Method: Emailed
King Surveyors
650 E. Garden Dr
Windsor, CO 80550
Stewart Title Company
55 Madison Street, Suite 400
Denver, CO 80206
Attu: Chris DePaulis
Phone: (970)686-5011
Fax:
E -Mail: chrisd@kingsurveyors.com
Delivery Method: Emailed
WIRED FUNDS ARE REQUIRED ON ALL CASH PURCHASE TRANSACTIONS. PLEASE FEEL FREE TO CONTACT
THE ESCROW OFFICE AS NOTED ABOVE.
We Appreciate Your Business and Look Forward to Serving You in the Future.
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Transaction Identification Data for reference only:
Issuing Agent: Stewart Title Company
Issuing Office: 55 Madison Street, Suite 400, Denver, CO 80206
Issuing Office's ALTA. Registry ID:
Loan ID Number:
Commitment Number: 1292942
Issuing Office Fie Number: 1292942
Property Address: 37615 County Road 39, Eaton, CO 80615
37661 County Road 39, Eaton, CO 80615
Revision Number:
1. Commitment Date: June 9, 2021 at 8:00AM
2. Policy to be issued:
(a) ALTA Owner's T.B.D.
Proposed Insured: TBD TBD
(b) ALTA Loan
Proposed Insured:
Proposed Policy Amount
3. The estate or interest in the Land described or referred to in this Commitment is:
FEE SIMPLE
4. The Title is, at the Commitment Date, vested in:
Eaton Country Club, a Corporation as to PARCEL A
Steven Ray Armknecht and Rhonda .an Armknecht as to PARCEL B
5. The Land is described as follows:
See Exhibit "A" Attached Hereto
STATEMENT OF CHARGES
These charges are due and payable befoe: a policy can be issued:
This page is only a part of a 2016 ALTAs Commitment for Title Insurance This Commitment is not valid without the Notice. the Commitment to
Issue Policy, the Commitment Conditions; Schedule A. Schedule B, Part I - Requirements. and Schedu/e B, Part IIExceptions: and a
countersignature by the Company or its issuing agent that may be m electronic form
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of This Farm (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 192
ALTA Comm294itment For Title Insurance 8-1-16 (4-2-1$)
Page 1 of 7
ALTA COMMITMENT FOR TITLE INSURANCE
EXHIBIT "A"
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 1292942
PARCEL A:
The North 1/2 of Section 30, Township 7 North, Range 65 West of the 6th P.M. County of Weld, State of Colorado,
lying East of For Far Lateral,
being more particularly described as follows:
Beginning at the Northeast comer of said Section 30;
thence running West on the North line of said Section, 1375 feet to the center of the For Far Lateral as said lateral
is now constructed over and across said land;
thence along the center line of said lateral as follows (by true bearings variation 14°30' East)
thence South 27°00' West 253 feet;
thence South 13°20' West 200 feet;
thence South 11°35' West 180 feet;
thence South 22°40' West 143 feet;
thence South 28°25' West 181 feet;
thence South 26°55' West 222 feet;
thence South 23°25' West 210 feet;
thence South 29°30' West 157 feet;
thence South 24°30' West 198 feet;
thence South 14°15' West 156 feet;
thence South 26°15' West 112 feet;
thence South 38°30' West 195 feet;
thence South 55°50' West 142 feet;
thence South 67°25' West 84 feet;
thence South 79°10' West 202 feet;
thence South 83°00' West 280 feet;
thence South 75°30' West 95 feet;
thence South 33°50' West 100 feet;
thence South 11°40' West 80 feet;
thence South 14°10' East 86 feet;
thence South 31°10' East 155 feet to the East and West Center Lines through said Section to a point 409 feet West
of the Center of said Section;
thence East on the Center Line 3019 feet to the 1/4 Section Corner on the East side of said Section;
thence North on the East boundary of said Section 2641 feet To The Point Of Beginning
EXCEPTING THEREFROM that part cormeyed in Warranty Deed recorded March 7, 1983 in Book 990 as
Reception No. 1919468
and ALSO EXCEPTING THEREFROM that part conveyed in Warranty Deed recorded December 22, 1992 in Book
1363 as Reception No. 2315659
COUNTY OF WELD, STATE OF COLORADO.
PARCEL B:
Lot B,
RECORDED EXEMPTION NO. 0709-30-1 RECX16-0064, Situated M the Northeast Quarter of Section 30,
Township 7 North, Range 65 West of the 6th P.M.
This page is only a part of a 2016 ALTA. Commitment for Title Insurance This Commitment is not valid without the Notice, the Commitment to
Issue Policy: the Commitment Conditions: Schedule A. Schedule B. Part I - Requirements: and Schedule B, Part 11 -Exceptions, and a
countersignature by the Company or its rssumg agent that may be in electronic form
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 1292942
ALTA Commitment For Title Insurance 8-1-16 (4-2-18)
Page 2 of 7
ALTA COMMITMENT FOR TITLE INSURANCE
EXHIBIT "A"
LEGAL DESCRIPTION
ISSUED BY
STEWART TITLE GUARANTY COMPANY
according to the map recorded October 12, 2016 as Reception No. 4244575,
COUNTY OF WELD, STATE OF COLORADO
For Informational Purposes Only: 37615 County Road 39, Eaton, CO 80615
37661 County Road 39, Eaton, CO 80615
APN: 070930100002, R8947169, 070930000048, R0032593
This page is only a part of a 2016 ALTA. Commitment for Title Insurance This Commitment is not valid without the Notice, the Commitment to
Issue Policy; the Commitment Conddions; Schedule A, Schedule B. Part I - Requirements; and Schedule 8. Part II -Exceptions, and a
countersignature by the Company or its issuing agent that maybe in electronic form
Copyright 2006.2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 1292942
ALTA Commitment For Title Insurance 8-1-16 (4-2-18)
Page 3 of 7
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART I
ISSUED BY
STEWART TITLE GUARANTY COMPANY
File No.: 1292942
Requirements
All of the following Requirements must be met:
1 The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may
then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both,
must be properly authorized, executed, delivered, and recorded in the Public Records.
5. NOTE: This product is for informational purposes only. It is not a title insurance product and does not provide
any form of coverage. This product is not a guarantee or assurance and does not warrant, or otherwise insure
any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title
insurance far any subsequent transaction based on the information provided or involving the property described
herein. This Company's sole liability for any error(s) relating to this product is limited to the amount that was
paid for this product.
This page is only a paR of a 2016 ALTA* Commitment for Title Insurance This Commitment is not valid without the Notice; the Commitment to
Issme Policy: the Commitment Conditions: Schedule A. Schedule B. Part 1 - Requirements: and Schedule B, Part 11Exceptions: and a
countersignature by the Company or its issuing agent that may be m electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 1292942
ALTA Commitment For Title Insurance 8-1-16 (4-2-18)
Page of 7
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY
STEWART TITLE GUARANTY COMPANY
Exceptions
File No.: 1292942
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION
CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE
SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR FEDERAL LAW
BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY, HANDICAP,
FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the
Company:
Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of
the Schedule B, Part I - Requirements are met.
Rights or claims of parties in possession, not shown by the public records.
Easements, or claims of easements, not shown by the public records.
4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would
be disclosed by an accurate and complete land survey of the Land and not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be
produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the
matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B.
7. Water rights, claims or title to water.
8. Any and all unpaid taxes and assessments and any unredeemed tax sales.
9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other
district or homeowners association or inclusion in any water service or street improvement area.
10. Right of way for all ditches, laterals and creeks crossing subject property.
11. Right of way for county roads 30 feet wide on either side of section and township lines established by Board
of County Commissioners Weld County recorded October 14, 1889 in Book 86 at Page 273. (PARCEL A and
PARCEL B)
12. Reservations or exceptions contained in U.S. Patents, or in Acts authorizing the issuance thereof, reserving
1) Rights of the proprietor of a vein or lode to extract and remove his ore therefrom in Patent recorded
This page is only a part of a 2016 ALTAR Commitment for Title Insurance. This Commitment is not valid without the Notice, the Commitment to
Issue Policy. the Commitment Conditions; Schedule A. Schedule B. Part ! - Requirements. and Schedule 8, Part II -Exceptions; and a
countersignature by the Company or its issuing agent that may be in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association.
File No.: 1292942
ALTA Commitment For Title Insurance 8-1-16 (4-2-18)
Page 5 of 7
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY •
STEWART TITLE GUARANTY COMPANY
October 11, 1912 in Book 333 at Page 56 and in Patent recorded May 17, 1895 in Book 34 at Page 385.
(PARCEL A and PARCEL B)
13. Agreement recorded August 19, 1915 in Book 416 at Page 493. (PARCEL A and PARCEL B)
14. Easement Agreement recorded May 17, 1956 as Reception No. 1230776. (PARCEL A and PARCEL B)
15. Reservation of all oil, gas and other minerals in Warranty Deed recorded March 7, 1983 as Reception No.
1919468. The Company makes no representation as to the current ownership of any such interests.
(PARCEL B)
16. Oil and Gas Lease and all assignments thereof and interests therein recorded July 8, 1983 in Book 1001 at
Page 969 as Reception No. 1932794. (PARCEL A and PARCEL B)
17. Right of Way Easement recorded January 28, 1984 as Reception No. 1427501. (PARCEL A)
18. Right of way Easement recorded January 28, 1984 as Reception No. 1427502. (PARCEL A and PARCEL B)
19. All matters shown on the plat of Eaton Country Club Village First Annexation Plat recorded January 21, 1986
as Reception No. 2039966. (PARCEL A)
20. Letter Re: Easement recorded December 3, 1991 as Reception No. 2270835. (PARCEL A)
21. All matters shown on the plat of Subdivision Exemption No. 416 recorded December 3, 1991 as Reception
No. 2270836. (PARCEL A)
22. Easement recorded June 21, 1995 in Book 1497 at Page 810 as Reception No. 2443420. (PARCEL A and
PARCEL B)
23. Segregation Agreement recorded February 15, 2000 as Reception No. 2749839. (PARCEL A and PARCEL
B)
24. All matters shown on the plat of Use by Special Review recorded December 7, 2000 as Reception No.
2811620. (PARCEL A and PARCEL B)
25. Agreement recorded September 18, 2001 as Reception No. 2884581. (PARCEL A)
26. Easement Agreement recorded July 24, 2002 as Reception No. 2971555. (PARCEL A)
27. Easement Agreement recorded July 24, 2002 as Reception No. 2971556. (PARCEL A)
28. Declaration of Pooling recorded April 2, 2014 as Reception No. 4006436. (PARCEL A)
29. Oil and gas lease and all assignments thereof and interests therein recorded March 28, 2013 as Reception
No. 3920476. There may be grants, leases and assignments which are not listed here. (PARCEL B)
30. All matters shown on Subdivision Exemption No. 155 recorded June 3, 1982 as Reception Ne. 1893603.
(PARCEL A and PARCEL B)
This page is only a part of a 2016 ALTA* Commitment for,. Insurance. This Commitment is not valid without the Notice: the Commitment to
Issue Policy: the Commitment Conditions, Schedule A. Schedule B. Part I - Requirements, and Schedule B. Part II -Exceptions: and a
countersignature by the Company or its issuing agent that maybe in electronic form.
Cright 2006-2016 American Land Title Association. All rights reserved.
Thopye use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 1292942
ALTA Commitment Fa Title Insurance 8-1-16 (4-2-181
Page 6 of 7
ALTA COMMITMENT FOR TITLE INSURANCE
SCHEDULE B PART II
ISSUED BY
STEWART TITLE GUARANTY COMPANY
31. All matters shown on Recorded Exemption No. 0709-30-1-RE1780 recorded October 26, 1995 as Reception
No. 2461100. (PARCEL 8)
32. All matters shown on the plat of Recorded Exemption No. 0709-30-1 RECX16-0064 recorded October 12,
2016 as Reception No. 4244575. (P%1RCEL B)
33. The Deeds of Trust recorded November 15, 2018, as Reception No. 4446784 recorded October 4, 2019, as
Reception No. 4529741, and recorded June 2, 2021, as Reception No. 4720803.(PARCEL A)
34. Deed of Trust recorded October 15, 2015, as Reception No. 4150330. (PARCEL B)
This page is only a part of a 2016 A✓_TAA Commitment for Title Insurance This Commitment is not valid without the Notice. the Commitment to
Issue Policy: the Commitment Conditions, Schedule A, Schedule B, Part 1 - Requirements, and Schedule B, Part II -Exceptions, and a
countersignature by the Company or its issuing agent that maybe in electronic form.
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 1292942
ALTA Commitment For Title Insurance 8-1-16 (4-2-18)
Page 7 of 7
A AIERICAN
uvo iinE
//tstewart
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
NOTICE
IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES, ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE
PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND
CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY
OTHER PERSON,
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I - Requirements; Schedule B, Part II - Exceptions; and the Commitment
Conditions, STEWART TITLE GUARANTY COMPANY, a Texas corporation (the "Company"), commits to issue the Policy
according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date
shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both
the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I - Requirements have not been met within six months after the Commitment Date, this
Commitment terminates and the Company's liability and obligation end.
hho'thstesotgsatua
Stewart Title Company
55 Madison Street, Suite 400
Denver, CO 80206
Frederick H. Eppinger
President and CEO
avid Hi,
Soeretary
This page is only a part of a 2016 ALTA. Commitment for Title Insurance. This Commitment is not valid without the Notice, the Commitment to Issue
Policy; the Commitment Conditions; Schedule A Schedule 8. Part I - Requirements: and Schedule a Part ll - Exceptions; and a countersignature by the
Company or its issuing agent that maybe in electronic form
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restated to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No,: 1292942
ALTA Commitment For Title Insurance 8-1.18
Page 1 of 3
COMMITMENT CONDITIONS
1. DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public
Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title,
interest, estate, or easement in abuting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does
not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means
authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to
be issued by the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued
pursuant to this Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each
Policy to be issued pursuant to this Commitment.
(g) "Public Records": Records establis.d under state statutes at the Commitment Date for the purpose of imparting
constructive notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2, If all of the Schedule B, Part I - Requirements have not been met within the time period specified in the Commitment
to Issue Policy, this Commitment terminates and the Company's liability and obligation end.
3. The Company's lability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule IS, Part I - Requirements;
(f) Schedule B, Part II - Exceptions; and
(g) a countersignature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect,
lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any
liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other
amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense
incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the
delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to
(i) comply with the Schedule B, Part I - Requirements;
(ii) eliminate, with the Company's written consent, any Schedule B, Part II - Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the
amendment or had Knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have
incurred the expense had the Commitment included the added matter when the Commitment was first delivered
to the Proposed Insured.
Thss page is only a pan of a 2016 ALTA. Commitment for Title Insurance, This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule 8, Part I - Requirements; and Schedule B, Part II - Exceptions.- and a countersignature by the
Copyright 2006-2016 American Land Title Association. All rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the dale of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 1292942
ALTA Commitment For Title Insurance &1-16
Page 2 of 3
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good
faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the
Schedule B, Part I - Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this
Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this
Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the
parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations,
representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject
matter of this Commitment.
(d) The deletion or modification of any Schedule B, Part II - Exception does not constitute an agreement or obligation
to provide coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized
by the Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only
liability will be under the Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and
policies. The issuing agent is not the Company's agent for the purpose of providing closing or settlement services.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forma policy illustrating the coverage that the
Company may provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is
delivered to a Proposed Insured, nor is it a commitment to insure.
9. ARBITRATION
The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or
less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the
parties. A Proposed Insured may review a copy of the arbitration rules at <http:l/www.alta.org/arbitration>.
STEWART TITLE GUARANTY COMPANY
All notices required to be given the Company and any statement in writing required to be furnished the Company shall
be addressed to it at P.O. Box 2029, Houston, Texas 77252-2029.
This page is only a part of a 2016 ALTA' Commitment for Title Insurance. This Commitment is not valid without the Notice, the Commitment to Issue
Policy: the Commitment Conditions, Schedule A. Schedule B, Part I - Requirements: and Schedule B, Part ll - Exceptions, and a countersignature by the
Company or its issuing agent That maybe in electronic form
Copyright 2006.2016 American Land Title Association. Ail rights reserved.
The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing
as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.: 1292
ALTA Commitm29ent For Title Insurance 8-1-16
Page 3 of 3
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Paul Speck
11656 CR 72
Severence, CO 80615
(970)302-1365
February 22, 2022
Security Plan
So all 4 doors on the main floor are unlocked during business hours witch are
7am-8:30pm Monday -Sunday. There are 2 doors that are locked from the outside
but can be exited from the inside one door is located next to the bar and the
other is on the north wall in the dinning room. There is locking cabinets above the
bar that lock and the key is accessed from manager. All liquor is locked every
night. There are 6 security camera's 2 in the kitchen and 2 behind the bar 1 at the
serving station that are on 24/7 and 1 in the liquor room. All the beer is stored in
a locked cooler in the basement it is locked and only two people have keys to this
cooler. At night the last person here checks all the doors and walks around to
check that all doors are closed and locked and then sets the security system that
is provided from DictoGuard security.
LOT LINE ADJUSTMENT # LLA21-0026
Between Lot B, Recorded Exemption No. 0709-30-1 RECX16-0064 and Lot B, Subdivision Exemption No. 416,
Situate in the North Half of Section 30, Township 7 North, Range 65 West of the 6th P.M.,
Town of Eaton, County of Weld, State of Colorado
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VICINITY MAP
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LOT LINE ADJUSTMENT A
Between Lot B, Recorded Exemption No. 0709-30-1 RECX16-0064 and Lot B, Subdivision Exemption No. 416,
Situate in the North Half of Section 30, Township 7 North, Range 65 West of the 6th P.M.,
Town of Eaton, County of Weld, State of Colorado
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DEPARTMENT OF PLANNING SERVICES
LOT LINE ADJUSTMENT (LLA)
ADMINISTRATIVE REVIEW
Case #:
LLA21-0026 I Planner: Maxwell Nader I LLA Submittal Date: August 20, 2021
Applicants:
Steven Ray and Rhonda Jean Armknecht & Eaton Country Club do Kyle Merritt
Parcel ID #s:
0709-30-1-00-002 & 0709-30-0-00-048
Legal
Descriptions:
■ Lot B of Recorded Exemption RECX16-0064; being a part of the NE4 of Section 30,
T7N, R65W of the 6v P.M., Weld County, CO
■ Subdivision Lot SE -416; being a part of Section 30, T7N, R65W of the 6. P.M., Weld
County, CO
Location:
South of and adjacent to County Road 78; west of and adjacent to County Road 39
Zoning:
A (Agricultural)
# of Plats:
# of Lots:
# of Parcels:
1
2
2
Lot A Size
Before/After:
+/- 0.650 acres
Lot B Size
Before/After:
+/- 121 acres
Water Source
Before/After:
Lot A: NWCWD Acct # 2151001
Lot B: NWCWD Acct
Sewer System
Before/After:
Lot A: Eaton Acct # 1610220-02
Lot B: Eaton Sewer
The Lot Line Adjustment criteria and process are detailed in Chapter 24, Article X of the Weld County Code.
Narrative: The proposed application seeks to adjust lot lines between the Eaton Country Club's
Subdivision Exemption Lot SE -416 and Steve Armknecht's Lot B of RECX16-0064. The lot line
adjustment is for the purpose of locating a new structure on Mr. Armknecht's property.
Referral Agencv Review:
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• West Greeley Conservation District, referral dated September 13, 2021
• Weld County Department of Public Works, referral dated August 25, 2021
• Weld County Department of Public Health and Environment, referral dated August 25, 2021
The Department of Planning Services' staff has not received responses from the following agencies:
• Town of Eaton
• Eaton Fire Protection District
• Weld County Zoning Compliance
• North Weld County Water District
Approved with Conditions
The Weld County Department of Planning Services has determined through an administrative review that
the Lot Line Adjustment Overview and Standards per Sections 24-10-10 and 24-10-20 of the Weld
County Code have been met. This Lot Line Adjustment is approved with the following conditions of
approval in accordance with information submitted in the application and the policies of Weld County.
LLA21-0026
Page 1 of 5
1. The draft plat shall be amended to include the following:
A. The map shall be prepared per Section 24-10-50 of the Weld County Code, as amended.
B. Each page of the plat shall be tilted: Lot Line Adjustment # LLA21-0026
C. The plat shall include the attached Weld County Plat Notes.
D. The plat shall bear the certifications shown in Appendix 24-F of the Weld County Code.
E. The plat shall contain a list of the history of land divisions and amendments, which resulted in the
parent parcels. Reference previous land divisions by case number, reception number and
recording date of plat or deed.
F. The new Lot Line Adjustment lots shall be designated from smallest to largest in acreage on the
plat map and legal description, as here specified:
1) Lot B of RECX16-0064 is now known as: Lot A of LLA21-0026
2) SE -416 is now known as: Lot B of LLA21-0026
G. Lot acreages shall comply with the minimum lot size in the underlying zone district and/or the
acreage requirements per Section 24-11-20 and Section 24-11-30 of the Weld County Code.
H. The Lot Line Adjustment lots shall comply with the criteria of the land division being amended per
the Standards outlined in the applicable Article of Chapter 24 of the Weld County Code.
I. Show and label the existing lot line to be amended with a dashed -line type and the proposed lot
line with a solid heavy line type.
J. Show and label the existing and proposed access points and the usage types (Agricultural,
Residential, Commercial/Industrial, and/or Oil and Gas). Public Works will review access
locations as a part of the plat submittal.
K. Show the approved Town of Eabn access point(s) on the plat and label with the approved access
permit number, if applicable.
L. Setback radiuses for existing of and gas tank batteries and wellheads shall be indicated on the
plat per the setback requirements of 23-3-70.E of the Weld County Code.
M. All recorded easements and rights -of -way shall be delineated on the plat by book and page
number or reception number.
N. Show and label any conflicting boundary evidence such as fences or structures.
2. The following Weld County Plat Notes shall be placed on the plat:
1) The purpose of this Lot Line Adjustment is to adjust the boundaries between Lot B of RECX16-
0064 and SE -416, now known as Lots A and B of LLA21-0026.
2) No lot may be amended or divided except in accordance with Chapters 24 or 27 of the Weld
County Code, as amended.
3) Any future structures or uses on site must obtain the appropriate zoning and building permits.
4) 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.
5) Access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking.
LLA21-0026
Page 2 of 5
6) The historical flow patterns and runoff amounts will be maintained on the site.
7) Building permits shall be obtained prior to the construction of any building. Buildings that meet
the definition of an Ag Exempt Building per the requirements of Section 29-1-20 and Section
29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of
Compliance must be filed wih the Planning Department and an electrical and/or plumbing
permit is required for any electrical service to the building or water for watering or washing of
livestock or poultry.
8) Building permits issued on the proposed lots will be required to adhere to the fee structure of
the County -Wide Road Impact Fee, the County Facility Fee and the Drainage Impact Fee
Programs.
9) All proposed or existing structures will or do meet the minimum setback and offset requirements
for the zone district in which the property is located. Pursuant to the definition of setback in the
Weld County Code, the required setback is measured from the future right-of-way line. No
occupied building or structure shall be constructed within two hundred (200) feet of any tank
battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25)
feet of any plugged or abandoned oil and gas well.
10) Prior to the release of building permits, the applicant shall submit a recorded deed describing
the Lot upon which the building permit is requested with the building permit applications. The
legal description on such deed shall include the Lot designation and Lot Line Adjustment
number.
11) Potential Purchasers are hereby notified that a gold course is permitted by USR-1241
Reception # 2811620 and is located on Lot B of LLA21-0026.
12) 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 faed 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.
13) 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 rural roads; dust from animal pens, field work, harvest and gravel
roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and
LLA21-0026
Page 3 of 5
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 irrigation 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 size 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, will 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, sand burs, puncture vines, territorial farm
dogs and livestock, and open 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.
3. Next Steps:
Per Section 24-10-50 of the Weld County Code:
A. The Lot Line Adjustment revised draft plat shall be submitted once an application is approved.
The applicant shall electronically submit the draft plat in PDF format to the Department of
Planning Services for Planning and Public Works review. Planning staff will send the draft plat
back to the applicant with redline comments to be incorporated in the revised plat. There may be
subsequent rounds of review.
B. Upon approval of the draft plat and completion of the conditions of approval, the applicant shall
submit the signed and notarized approved plat to the Department of Planning Services. The
approved plat shall be recorded in the Office of the Weld County Clerk and Recorder by the
Department of Planning Services. The approved plat and additional requirements shall be
recorded within one hundred twenty (120) days from the date the administrative review was
signed or from the date of approval by the Board of County Commissioners. The applicant shall
be responsible for paying the recording fee.
4. Enforcement:
Per Section 24-10-60 of the Weld County Code:
A. If the Lot Line Adjustment plat has not been recorded within one hundred twenty (120) days from
the date the Staff Report was administratively signed or the date of approval by the Board of
County Commissioners, or if an applicant is unable to meet any of the conditions within one
LLA21-0026
Page 4 of 5
hundred twenty (120) days of approval, the Director of Planning Services may grant an extension
for a period not to exceed one (1) year, for good cause shown, upon a written request by the
applicant. If the applicant is unwilling to meet any of the conditions of approval or the extension
expires, the application will be forwarded to the Board of County Commissioners for
reconsideration. The entire application may be considered for denial by the Board of County
Commissioners. Alternatively, the Board of County Commissioners may consider upholding,
modifying or removing the contested conditions of approval.
B. The property owner shall comply with the recorded plat notes and lot configuration.
Noncompliance may result in locking of the lots and withholding Weld County permits.
C. The Board of County Commissioners shall have the power to bring an action to enjoin any
subdivider from selling, agreeing to sell or offering to sell subdivided land before a plat for such
subdivided land has been approved and recorded per Section 30-28-110(4), C.R.S.
5. Plat Recording Process:
Per Section 24-10-40 and Appendix 5-J of the Weld County Code:
A. Upon completion of the conditions of approval and acceptance of the plat, the plat may be
submitted for recording with the recording fee to the Planner. The plat shall be signed and
notarized by the property owners. If approved by the Department of Planning Services, the
Planning Director shall sign the plat. If approved by the Board of County Commissioners, the
Chair of the Board shall sign the plat.
B. The Department of Planning Services shall submit the plat to the Weld County Clerk and
Recorder for recording.
C. The Lot Line Adjustment is approved and binding the date the plat is recorded with the Weld
County Clerk and Recorder.
D. Should the plat not be recorded within the required one hundred twenty (120) days from the date
the Administrative Review was signed, a $50.00 Recording Continuance fee shall be assessed
for each additional three (3) month period that the plat has not been recorded, beyond the initial
one hundred twenty (120) days.
6. Recording New Deeds:
The applicant shall create and record deeds for all the newly created lots; deeds shall include the
legal description of each lot and the reception of the Lot Line Adjustment plat. New deeds are
required even if lots will remain under the same ownership. Failure to do so may create issues with
the proper assessment of the lots by the Weld County Assessor's Department and may create a
clouded chain of title.
By: Date: September 28, 2021
Maxwell Nader, Planner II
LLA21-0026
Page 5of5
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not be accurate, current, or otherwise reliable.
A
Notes: ION, LLC, dba McCarty's Eaton
37661 CR 39, Eaton, CO 80615
DISCLAIMER: This product has been developed solely for internal use only by Weld County. The GIS database, applications, and data in the product is subject to constant change and the accuracy and
completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with
applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION
CONTAINED THEREIN.
Scale: 1:13187
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ION, LLC, dba McCarty's Eaton
37661 CR 39, Eaton, CO 80615
10/1/202.5 9:23:26 AM
•1f T .43C -
Mb
DISCLAIMER: This product has been developed solely for internal use only by Weld County. The GIS database, applications, and data in the product is subject to constant change and the accuracy and
completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with
applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION
CONTAINED THEREIN.
ION, LLC, dba McCarty's Eaton
10/1/2025 9:24:07 AM
18823 4�
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Scale: 1:6243
Data layers that appear on this map may or may
not be accurate, current, or otherwise reliable.
A
Notes: ION, LLC, dba McCarty's Eaton
37661 CR 39, Eaton, CO 80615
DISCLAIMER: This product has been developed solely for internal use only by Weld County. The GIS database, applications, and data in the product is subject to constant change and the accuracy and
completeness cannot be and is not guaranteed. The designation of lots or parcels or land uses in the database does not imply that the lots or parcels were legally created or that the land uses comply with
applicable State or Local law. UNDER NO CIRCUMSTANCE SHALL ANY PART THE PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES OR GUARANTEES, EITHER EXPRESSED
OR IMPLIED AS TO THE COMPLETENESS, ACCURACY, OR CORRECTNESS OF SUCH PRODUCT, NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY INCORRECT, INCOMPLETE OR MISLEADING INFORMATION
CONTAINED THEREIN.
10/1/25, 9:20 AM
Property Report
1,1;ILM
Weld County Property Information (970) 400-3650
PROPERTY PORTAL Technical Support (970) 400-4357
Account j Parcel
Account: R8974873
October 1, 2025
Account Information
Local School
Account Tax ' Actual I Govt
Type Year Buildings Value I Assessed Assessed
Value Value
R8974873 070930100004 Commercial 2025 6 1 2,675,881 644,280 647,290
Legal
PT N2 30-7-65 LOT B LOT LINE ADJ LLA21-0026
Subdivision Block Lot Land Economic Area
TWN7RANGE 65 j
Property Address Property City Section Township Range
37661 COUNTY ROAD 39 WELD 30 07 65
Owner(s)
Account Owner Name Address
R8974873 EATON COUNTRY CLUB 37615 COUNTY ROAD 39 EATON, CO 806159013
Document History
https://propertyreport.weld.gov/?account=R8974873 1/13
10/1/25, 9:20 AM Property Report
Reception Rec Date Type I Grantor Grantee
Doc Fee Sale Date , Sale Price
4767981 10-20-2021 PLT LLA21-0026
EATON
4798046 I 01-28-2022 I WDN I COUNTRY
CLUB
4821010
ARMKNECHT
ARMKNECHT
STEVEN
RAY;
ARMKNECHT
RHONDA
JEAN
RHONDA EATON
04-22-2022 WDN JEAN; COUNTRY
I ARMKNECHT CLUB
STEVEN RAY
: ARMKNECHT
STEVEN EATON
4821011 ! 04-22-2022 I WDN RAY' COUNTRY 0.00 04-22-2022 0
ARMKNECHT
RHONDA CLUB
I I , JEAN
LLA21-0026 0.00 10-20-2021 0
0.00 ! 01-24-2022 0
0.00 i 04-22-2022 I
*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.
AccountNo
R8974873
Building Information
Building ID
Building 1
Occupancy
Single Family Residential
ID Type NBHD Occupancy % Complete Bedrooms Baths
Residential NA Single Family Residential 100 3 12.00
ID Exterior Roof Cover
Frame IComposition
Masonry I Shingle
Veneer
Interior
Forced
Drywall ' Air
HVAC Perimeter Units TYPE Make
NA NA
Total Finished
ID Square , Condo ement Basement Garage Carport Balcony Porch
Ft SF SF BasSF SF SF SF SF
- -I
1,006 0 1,006 I 1,006 456 0 148
Built As Details for Building l
ID Built As Square Ft Year Built Stories Length Width
1.00 Ranch 1 Story 1,006 1969 1 0 0
https://propertyreport.weld.gov/?account=R8974873 2/13
10/1/25, 9:20 AM
Property Report
Additional Details for Building 1
ID Detail Type Description
Basement Finished
Basement
1 Fixture
Garage
AccountNo
R8974873
Units
1006.00
Total Basement SF 1006.00
Full Bath 2.00
Attached
456.00
Porch Open Slab j 148.00
ID Type
NBHD
Building 2
Building ID
Occupancy
Country Club
Occupancy % Complete Bedrooms Baths
Commercial 9911 Country Club 100 0 0 00
ID Exterior Roof
Cover
NA
I
Interior HVAC Perimeter Units TYit e ; Make
NA Package 416 0 ! NA
Unit
Finished
Square Condo Total Garage Carport Balcony Porch
ID ! Ft SF Basement Basement SF SF SF SF
SF SF
7,299 0 0 3,958 0 0 0
Built As Details for Building 2
ID Built As Square Ft Year Built Stories Length width
2.00 Country Club 4,237 1968
2.00 Country Club 3,062 2000
Additional Details for Building 2
ID Detail Type Description
Add On Asphalt Average
Add On Com Canopies Wood Average
Add On ! Wood Balcony
Basement Finished
Basement Storage
0 0
0
Units
27000.00
911.00
1718.00
3958.00
3413.00
Building 3
https://propertyreport.weld. gov/?accou nt=R8974873
3/13
10/1/25, 9:20 AM
AccountNo
R8974873
Building ID
Property Report
Occupancy
Warehouse
ID Type NBHD Occupancy % Complete Bedrooms Baths
Commercial 9911 Warehouse 100
ID !, Exterior Roof Interior HVAC Perimeter
Cover
NA I NA NA Space 228
I Heater
0.00
Units Unit Make I
Type ;
—a
NA NA
J
T
! Total Finished
Square Condo I Bament Bment Garage Carport Balcony Porch
Ft SF s;'-` ..i.— SF ! SF ! SF SF
' 4,080
0
0
Built As Details for Building 3
ID Built As Square Ft Year Built Stories Length I Width
3.00 I Storage Warehouse 3,280 1968 1 0 0
3.00 I Storage Warehouse 800 1997 1
Additional Details for Building_3
ID Detail Type Description Units
Add On r Corn Shed Frame Ave i 168.00
3 Add On Shed Frame 674.00
Account.
R8974873
Building ID
4
Building 4
ID :; Type NBHD Occupancy
' Commercial i 9911 Golf Course "CODE 100
Exterior Roof Cover
NA
Occupancy
Golf Course "CODE
% Complete Bedrooms Baths
0.00
Interior HVAC Perimeter !, Units Unit Type Make
NA ! None NA 0 i NA NA
Total Finished
ID Square Condo Basement Basement GarCar:cony age port cony
Ft SF SF SF SF SF SF
Porch
SF
https://propertyreport.weld.gov/?account=R8974873 4/13
10/1/25, 9:20 AM
Property Report
Built As Details for Building 4
ID Built As
4.00 ; Golf Course *CODE
Square Ft Year Built Stories Length Width
1998 1 0 0
No Additional Details for Building 4
AccountNo
R8974873
ID Type
Building 5
Building ID Occupancy
Material Storage Sheds
NBHD Occupancy % Complete Bedrooms , Baths
Commercial 9911 Material Storage Sheds ' 100 NA 0.00
ID Exterior Roof Cover Interior HVAC Perimeter r Units Unit Type Make
NA ; NA ; NA NA NA 0 NA NA
Square
Ft
674
Condo ! Total Finished Garage Carport Balcony ! Porch
SF Basement Basement SF SF SF SF
SF SF
Built As Details for Building 5
ID Built As Square Ft Year Built Stories Length width
_
5.00 I Material Storage Sheds 674 2010 1 0 0
No Additional Details for Building 5
AccountNo
R8974873
ID
Type
Commercial
i Building ID
Building 6
Occupancy
Light Commercial Utility
NBHD Occupancy % Complete Bedrooms Baths
9911 Light Commercial Utility 100
NA 0.00
ID Exterior Roof Cover Interior % HVAC Perimeter Units Unit Type Make
NA
NA NA NA
NA
https://propertyreport.weld. gov/?accou nt=R8974873
5/13
10/1/25, 9:20 AM
Property Report
Square Condo Total Finished Garage Carport Balcony Porch
ID Ft SF Basement Basement SF SF SF SF
SF SF
6 I 168 0 0 0 0 0 0 0
Built As Details for Building 6
F
ID Built As Square Ft Year Built Stories ; Length Width
,
i
6.00 I Light Commercial Utility 168 2010 1 0 l 0
No Additional Details for Building 6
Valuation Information
Type Code ; Description
SINGLE FAMILY
Improvement 1212 RESIDENTIAL
MPROVEMENTS
2212 MERCHANDISING -
Improvement
IMPROVEMENT
Improvement 2225 RECREATION -
IMPROVEMENTS
Improvement 2235 IMWAREHOUSE/STORAGE-
f PS
Land 1112 SINGLE FAMILY
ESIDENTIAL-LAND
Land 2125 RECREATION -LAND
Totals
Actual Value Local Govt Assessed Value School Assessed ValueAcres Land Sq
374,194
9,698
1,444,360
75,556
2,743
769,330
2,675,881
23,390 .,
2,620
389,980
20,400
26,380 0.000
2,620 0.000
389,980 ! 0.000
20,400 0.000
170 190 0.429 18,6'
207,720 207,720 120.217 5,236,6,
644,280 647,290 120.646 5,255,3.
Comparable sales for your Residential or Commercial property
may be found using our SALES SEARCH TOOL
Values are updated annually on May 1st for Real Property and June
15th for Personal Property and Oil and Gas.
Tax Authorities
https://propertyreport.weld.gov/?account=R8974873
6/13
10/1/25, 9:20 AM
Property Report
Local School
Tax District Estimated
District Name Govt Mill
Area ID Mill Levy Levy Taxes
5055 0700 AIMS JUNIOR COLLEGE 6.305 0.000 $4,062.19
5055 0911 EATON AREA PARK AND 5.626 0.000 $3,624.72
RECREATION DISTRICT
5055 0505 EATON FIRE 9.000 0.000 $5,798.52
5055 1050 HIGH PLAINS LIBRARY 3.179 0.000 $2,048.17
0304 NORTH WELD COUNTY WATER
(NWC)
5055
5055 0301 (NCW)
NORTHERN COLORADO WATER
5055 0202 SCHOOL DIST RE2-EATON
5055 0100 WELD COUNTY
5055 1200 WEST GREELEY CONSERVATION
Total
0.000 0.000 $0.00
1.000 ! 0.000 j $644.28
0.000 36.832 $23,840.99
15.956 0.000 $10,280.13
0.414 0.000 _..I $266 73
41.48 36.832 $50,565.72
The estimate of tax is based on the prior year mill levy and the 2025 projected assessment
rates. Mill levies and tax estimates will be updated yearly on December 22nd for the
current year. Additional information can be found at fps://assessor.weld.g2v
Photo
https://propertyreport.weld.gov/?account=R8974873
7/13
10/1/25, 9:20 AM Property Report
https://propertyreport.weld.gov/?account=R8974873 8/13
10/1/25, 9:20 AM Property Report
Building 4
https://propertyreport.weld.gov/?account=R8974873 9/13
10/1/25, 9:20 AM
Property Report
24.0'
First Floor 1006.0 SF
Finished 1006.0 SF
Attached 456.0 SF
Sketch by Apex IV UUndoms".
Bldg 1
12.0'
Open Slab 120.0 SF[ 7
110.0'
19.0'
G
4.0'
6.0'
30.0'
1/B
1.0'
26.0'
Open Slab 24.0 SF
Building 1
Page 1
35.0'
39.0'
Bldg 2
42.0'
WH 9'
48.0'
310
4.0' LJ 5.0'
6.0'
Finished
3958.0 SF
Basement Area 7041.0 SF
Sknch by Apex5k.hch
11.0'
8.0'
23.0'
15.0'
57.0'
Building 2
Page 1
74.0'
23.0'
27.0'
Storage
3413.0 SF
103.T
https://propertyreport.weld.gov/?account=R8974873
11/13
10/1/25, 9:20 AM Property Report
38.5'
674.0 SF
Shed
Open Side
68.0'
Addition in 2006
First Floor
1360.0'
WH 12' 48.0'
YOC 1968
Class D
First Floor
1920.0'
12x10 OH
tip
ti
x
YOC 1997
WH 10'
800.0'
Sketch by PQex IV"'
17.5'
Bldg 3
Office 17' X20'
Building 3
Page 1
14.0'
12.0'
Pump Hse 168.0 SF
https://propertyreport.weld.gou/?account=R8974873 12/13
November 5, 2025
Clerk to the Board's Office
Phone: (970) 400-4225
1150 O Street
P.O. Box 758
Greeley. Colorado 80632
www.weld.gov
ATTN DANIEL KOSTREWAAND PAUL SPECK
ION LLC
DBA MCCARTYS EATON
PO BOX 240
EATON CO 80615
Re: Application for Renewal of a Hotel and Restaurant (County) Liquor License with
One (1) Optional Premises — ION, LLC, dba McCarty's Eaton
Dear Licensee:
This is to advise you that the Weld County Board of Commissioners will hear your request
for renewal of a liquor license at the property described as: 37661 County Road 39, Eaton,
Colorado 80615. The meeting is scheduled for Monday, November 24, 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 weld.gov.
Respectfully,
V---(,/frAr4
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
Wednesday, November 5, 2025 9:52 AM
Daniel
Chloe White
Notice of Hearing - Renewal Liquor License - ION, LLC, dba McCarty's Eaton
Notice of Hearing - ION, LLC.pdf
This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor
license at the property described as: 37661 County Road 39, Eaton, Colorado 80615. The meeting is scheduled for
Monday, November 24, 2025, at 9:00 a.m. Please see the attached letter for further information (hard -copy to
follow).
Thank you,
AlgrutP
Leah Flesner
Deputy Clerk to the Board
Desk: 970-400-4227
P.O. Box 758, 1150 O St., Greeley, CO 80632
00000
Jokl 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
r
I First Name
Last Name Company
Address 1 I City
State
Postal
Code
Email
ATTN
DANIEL
KOSTREWA
AND PAUL
SPECK
ION LLC
DBA
MCCARTYS
EATON
PO BOX 240 EATON
CO 80615 I mccartys39ecc@gmail.com
I 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 5th day of November, 2025.
Leah Flesner
Deputy Clerk to the Board
Page 1 of 1
EILW
COUNTY, CO
Receipts
4520
ION TLC dba McCarty's at Eaton CC
• Bank of Colorado ' 800.227.7715
bankokolorado.com
i N ERE - S ON, Y O N E
37661 CR 39
Eaton, CO 80615
sales@mccartys39.com
PAY TO THE ` /
ORDER OF �i� � L 144
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$ 1 -75
DOLLARS
AUTHORIZED SIGNATURE
DATE ‘u v\, \as NO. 93011
RECEIVED FROM Ton \ I.l .L
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BY 4-4,nitel
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ION LLC dba McCarty's at Eaton CC
1.900.227.771$
banIcofcolorado.com
37661 CR 39
Eaton, CO 80615
sales@mccartys39.com
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COUNTY, CO
Staff Referral Responses
Leah Flesner
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good morning,
Leah Flesner
Wednesday, November 5, 2025 9:56 AM
Adria Schiel; Bruce Barker; Byron Howell; Christopher McDonald; Curtis Hall; David
Eisenbraun; Diana Aungst; Duane Naibauer; Karin McDougal; Kevin Hettinger; Leah
Flesner; Matthew Conroy; Matthew Turner; Maxwell Nader; Nick Trautner; 'Robert
Godin'; Sam Kaneta III; Wendi Inloes; Will Grumet
Chloe White
Referral Response Requested - Renewal Liquor License - ION, LLC, dba McCarty's Eaton
Renewal Liquor License - ION, LLC.pdf; Staff Referral Memo - Salt and Acres, LLC.pdf
In accordance with the procedures for processing renewal Liquor License Applications, please complete and
return the attached "Staff Referral Memo - ION, LLC". Your report will be used by the Board of County
Commissioners in considering the applicant's liquor license.
Please respond no later than: Wednesday, November 19, 2025
Please note:
1. Applicant: ION, LLC, dba McCarty's Eaton
Paul Speck and Daniel Kostrewa
Address: 37661 CR 39, Eaton, CO 80615
File Location: LC0037
2. Hotel and Restaurant (County) Liquor Licenses with One Optional Premises allow malt, vinous, and
spirituous liquors to be sold/served for on -premises consumption only.
3. Full meals are required to be served.
4. The property is permitted under USR-1241.
Thank you,
AtiestA
Leah Flesner
Deputy Clerk to the Board
Desk: 970-400-4227
P.O. Box 758, 1150 O St., Greeley, CO 80632
0 000
Join Our Toon
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.
Leah Flesner
From:
Sent:
To:
Subject:
Christopher McDonald
Wednesday, November 5, 2025 10:22 AM
Leah Flesner
RE: Referral Response Requested - Renewal Liquor License - ION, LLC, dba McCarty's
Eaton
We find no conflicts with this one.
Thanks!
�, •PNAB�=
COUNTY, CO
Chris McDonald
Food Program Coordinator
Department of Public Health and Environment
Environmental Health: 970-400-6415
Direct: 970-400-2219
Email: cmcdonald@weld.gov
1555 N 17th St., Greeley, CO 80632
00000
Join 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.
From: Leah Flesner <Iflesner@weld.gov>
Sent: Wednesday, November 5, 2025 9:56 AM
To: Adria Schiel <aschiel@weld.gov>; Bruce Barker <bbarker@weld.gov>; Byron Howell <bhowell@weld.gov>;
Christopher McDonald <cmcdonald@weld.gov>; Curtis Hall <chall@weld.gov>; David Eisenbraun
<deisenbraun@weld.gov>; Diana Aungst <daungst@weld.gov>; Duane Naibauer <dnaibauer@weld.gov>; Karin
McDougal <kmcdougal@weld.gov>; Kevin Hettinger <khettinger@weld.gov>; Leah Flesner <Iflesner@weld.gov>;
Matthew Conroy <mconroy@weld.gov>; Matthew Turner <mturner@weld.gov>; Maxwell Nader <mnader@weld.gov>;
Nick Trautner <ntrautner@weld.gov>; Caleb Sulzen <csulzen@weld.gov>; Sam Kaneta III <skaneta@weld.gov>; Wendi
Inloes <winloes@vveld.gov>; Will Grumet <wgrumet@weld.gov>
Cc: Chloe White <cwhite@weld.gov>
Subject: Referral Response Requested - Renewal Liquor License - ION, LLC, dba McCarty's Eaton
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: 11/5/2025
To: Weld County Board of Commissioners
From: Chris McDonald, WCDPHE
The Weld County Clerk to the Board's Office has received an application for the below
listed item in Unincorporated Weld County:
Action Renewal
License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional
Premises
Applicant(s): ION, LLC, dba McCarty's Eaton
(Paul Speck, and Daniel Kostrewa Owner)
Address_ 37661 County Road 39, Eaton, CO 80615
File Location: LC0037
Reply By: Wednesday, November 19, 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@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.
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: 11/5/2025
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: Renewal
License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional
Premises
Applicant(s): ION, LLC, dba McCarty's Eaton
(Paul Speck, and Daniel Kostrewa Owner)
Address: 37661 County Road 39, Eaton, CO 80615
File Location:
Reply By
LC0037
Wednesday, November 19, 2025
Page 1 of 2
The appication 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�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 significant incidents within the last year.
Page 2of2
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: 11/12/2025
To: Weld County Board of Commissioners
From: Public Works, Curtis Hall
The Weld County Clerk to the Board's Office has received an application for the below
listed item in Unincorporated Weld County:
Action: Renewal
License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional
Premises
Applicant(s): ION, LLC, dba McCarty's Eaton
(Paul Speck, and Daniel Kostrewa Owner)
Address: 37661 County Road 39, Eaton, CO 80615
File Location: LC0037
Reply By:
Wednesday, November 19, 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.
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: 11/14/2025
To: Weld County Board of Commissioners
From: Brittany Thompson
The Weld County Clerk to the Board's Office has received an application for the below
listed item in Unincorporated Weld County:
Action: Renewal
License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional
Premises
Applicant(s): ION, LLC, dba McCarty's Eaton
(Paul Speck, and Daniel Kostrewa Owner)
Address: 37661 County Road 39, Eaton, CO 80615
File Location: LC0037
Reply By: Wednesday, November 19, 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 Iflesnerc 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.
The land use is permitted under USR-124. No concerns from Planning at this time.
Page 2 of 2
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COUNTY, CO
Miscellaneous Correspondence
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