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Home My WebLink About20231601.tiffRESOLUTION RE: APPROVE RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE FROM REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS, AND AUTHORIZE CHAIR TO SIGN - EXPIRES JULY 13, 2024 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Hotel and Restaurant (County) Liquor License, for the sale of malt, vinous, and spirituous liquors, subject to the rules and regulations found in Article 3, Title 44, C.R.S., and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $175.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has paid the sum of $550.00 to the Colorado Department of Revenue for the renewal of the existing license and exhibited a Colorado Department of Revenue, Liquor Enforcement Division, Renewal Application for the sale of malt, vinous, and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 24851 County Road 74 Galeton, Colorado 80622 WHEREAS, the Licensee shall require "responsible vendor" training of each employee, as agreeable to the Colorado Department of Revenue, Liquor Enforcement Division, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained upon request by the Weld County Sheriff's Office or the Colorado Liquor Enforcement Division. cc,: SOCRSI3K16E), CACMc), APPL OCo /3O f `10 3 2023-1601 LC0058 RENEW HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2023-08 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until July 13, 2024, providing that said licensee operates in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, per Article 3, Title 44, C.R.S., heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application and license. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 7th day of June, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddifefm) ;,, Mik= ree an, Chair Weld County Clerk to the Board BY: AP ounty Attorney Date of signature: 06/13/23 Lori Saine 2023-1601 LC0058 THIS LICENSE EXPIRES ULY 13.2024 try: Jmeow...co.` J�J, a �JJ�or. :,J1 �.�, �J�c..J' �../` rece tThi it("")- Deputy Clerk to the Board License Number 2023-08 STATE OF COLORADO License Fee $175.00 COUNTY OF WELD C RELIQU •R L rCEdifiaZ BY AUTHORITY OF THE BOARD OF COUNTY COMMISSIONERS FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE TO SELL MALT, VINOUS, AND SPIRITUOUS LIQUORS This is to Certify, that Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards, of the State of Colorado, having applied for a License to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, and having paid to the County Treasurer the sum of One Hundred and Seventy -Five and [00/1001 ($175.00) Dollars; therefore, the above applicant is hereby licensed to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, as a Hotel and Restaurant (County), at the address of 24851 County Road 74, Galeton, Colorado 80622, in the County of Weld, State of Colorado, for a period beginning on the 14th day of July, 2023, and ending on the 13th day of July, 2024, unless this License is revoked sooner as provided by law. This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 3 of Tide 44, Colorado Revised Statues, as amended. IN TESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers duly authorized this 7th day of June, 2023. ATTEST: d,„lavt) V, Xi/1O;a TO BE POSTED IN A CONSPL BY BS' (ii/aks\ AL 1/4.4);) �1 Chair, Board of County Commissionersr r r Irs Cl/ The Board of County Commissioners The of Commissioners PLACE. NON -TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1707 Cole Blvd, Suite 300 Lakewood, CO 80401 REA'S DINER AT DILLARDS LLC dba REA'S DINER AT DILLARDS 24851 COUNTY ROAD 74 GALETON CO 80622 ALCOHOL BEVERAGE LICENSE Liquor License Number 03-16743 License Expires at Midnight July 13, 2024 License Type HOTEL & RESTAURANT (COUNTY) Authorized Beverages MALT, VINOUS AND SPIRITUOUS LIQUOR This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 44, Articles 4, 3, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1707 Cole Blvd, Suite 300 Lakewood, CO 80401. In testimony whereof, I have hereunto set my hand. 6/15/2023 KWL —571-oneL Michelle Stone-Principato, Division Director Mark Ferrandino, Executive Director/CEO CERTIFICATE OF DELIVERY DATE: June 30, 2023 FROM: Chloe A. White, Deputy Clerk to the Board Supervisor SUBJECT: Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards I hereby certify that I have provided the below documents in accordance with the requirements of Weld County and the Colorado Department of Revenue, Liquor Enforcement Division, on this Co+h day of -Tv I ? , 2023. One copy of the signed Weld County Resolution approving Renewal Application for a Hotel and Restaurant (County) Liquor License One original Weld County Liquor License One copy of Colorado Liquor License AiEK i�l11-,A n)Avg_ i000 07-06 O3 Print Name Date cA Signature Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • cwhite@weld.gov DR 8400 (02/22/23) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Submit to Local Licensing Authority REA'S DINER AT DILLARDS 6715 34TH STREET Greeley CO 80634 RECEIVED , APR 132023 ligNMS Fees Due Renewal Fee 550.00 Storage Permit $100 X _ S Sidewalk Service Area $75.00 Additional Optional Premise Hotel & $ Restaurant $100 X Related Facility - Campus Liquor Complex $160.00 per facility Amount Due/Paid 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 returned. If your check is rejected due to insufficient or uncollected funds • the Department may collect the payment amount directly from your banking account electronically. Colorado Beer and Wire License Renewal Application Please verify & update all information below Return to city or county licensing authority by due date Licensee Name Doing Business As Name (DBA) REA'S DINER AT DILLARDS LLC REA'S DINER AT DILLARDS Liquor License # License Type 03-16743 Hotel & Restaurant (county) Sales Tax License Number Expiration Date I Due Date 94980946 07/13/2023 105/29/2023 Business Address Phone Number 24851 COUNTY ROAD 74 Galeton CO 80622 9704545693 Mailing Address Email 6715 34TH STREET Greeley CO 80634 Lu TV' 7 Q., qtytaiUe. Operating Manager Date of Birth I Home Address •1 Phone Number NCEiAttIA MAv+LIta4 6115 3 L 1h S.1s jo3_ 1. Do you have legal possession of the premises at the street address above? [-Yes ❑ No Are the premises owned or rented? ❑ Owned Rented* .If rented, expiration date of lease 2. Are you renewing a storage permit, additional optional premises, sidewalk service area, or related facility? If yes, please see the table in upper right hand corner and include all fees due. ❑ Yes No 3a. Are you renewing a takeout and/or delivery permit? (Note: must hold a qualifying license type and be authorized for takeout and/or delivery license privileges) ❑ Yes 3b. If so, which are you renewing? ❑ Delivery ❑ Takeout ❑ Both Takeout and Delivery 4a. 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? ❑ Yes J2 No 4b. 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°70 or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section44-3-503, C.R.S.? ❑ Yes 1.2 -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)? 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. ❑ Yes /-No 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? If yes, attach a detailed explanation. 'Li Yes L, 1\l DR 8400 (02/22/23) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 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? If yes attach a detailed explanation. ❑ Yes -IVo 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? If yes, attach a detailed explanation. ❑ Yes 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. Ty e or Print Name of Applicant/Authorized Agent of Business ignature Title �-t f I Date Report & Approval of City or County Licensing Authority The foregoing application has been examined and the premises, business conducted and character of the applicant are satisfactory, and we do hereby report that such license, if granted, will comply with the provisions of Title 44, Articles 4 and 3. C.R.S., and Liquor Rules. Therefore this application is approved. • Local Licensing Authority For Weld County, Colorado Date 06/07/2023 TTitle Mike Freeman, Chair, Bost Esther E Gesitk jof County Commissioners Clerk to the Board �C.LtO:IA ,2o2 -/ea DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, ►V Crl TAR- i1 iiif 0 (14 0(li am signing this Tax Check uthorizatiopn, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of R S �,ruCr cfj \ \\044..c (the "Applicant/Licensee") 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 _.anr5-documentation obtained -using this Waivcr in any adn-i n;otrative or judicial-a.;iivn regaidiiig the application or license. Name (Individual/Business) Social Security Number/Tax Identification Number CPC S .YI" CAA O \\Ck`“) S & �.__q.rJO C/i — O000 A r ss ,q-,,e,__57_,&_As4 Cy,\,_\ -O,, 806 2 -2 - City I St e I Zip 1t)v\ I 306�z Home Phone Number Business/Work Phone Number 'n °.) t,5 Ci .56 9 3 X 70) Sti • 3- 8' ) Prin' d ace f perso signing on behalf of the Applicant/Licensee PI j /A 'naee'S din` li Suture 5i oat u th°s osure of confidential x p a g ( g gto information) Date signed dq`a3,67)3 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). 4 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, Rea's Diner at Dillards, LLC is a Limited Liability Company formed or registered on 09/17/2021 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 20211851672 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 02/11/2023 that have been posted, and by documents delivered to this office electronically through 02/13/2023 @ 17:17:17 . 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 02/13/2023 @ 17:17:17 in accordance with applicable law. This certificate is assigned Confirmation Number 14696263 . 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, hops. www.coloradosos.gov hi=/CertifiicateSearchCriteria.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, https:!ih ww.coloradosos.gov click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Colorado Commercial Lease Agreement 2.02.4This Commercial Lease Agreement ("Lease") is made and effective 0C4 16 [DATE] t -la— I. TAm A TZ D by and between_MoJack Interests, LLLP [Landlord] and Lets:: (Tenant]. Landlord is the owner of land and improvements commonly known and numbered as 248511" Street, Galeton, Colorado 80622 [Address of Building] and legally described as follows (the Building): _3,0139 PT_E2SE4 31 764 BEG E COR_SEC W438' TO TRUE JOBJ1174' W?1' 6170'_E71' TO TRUE_POB_EXC UPRR CORES LOT 3._SUB EXEMPT_ SE -542 (Legal Description of Building] Landlord desires to lease the Leased Premises' -to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein, contained and other good and valuable consideration, it is agreed: 1. A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the s from Landlord, for an "Initial Term" beginning al1,6 Z4 -tart Date] and ending PJo •/4 1 ]End Date]. Landlord shall use Its best efforts to give Tenant possession as nearly as ,f( possible at the beginning of the Lease Term. B. Tenant may renew the Lease for Oh extended term of 3 t'e year [Renewal Term]. Teri .4Ar-r5' TTON Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than ninety [90) days prior to the expiration of the initial Term. The renewal term shall be at the rental set forth below and otherwise upon the same covenants, conditions and provisions as provided In the Lease. 2. Rental. A. Tenant shall pay to Landlord during the Initial Term rental of _$24,000.00_[Annual Rent] Per year, payable in installments of $2,000.00 [Monthly Rental Amount] per month. Each installment payment shall be due in advance on the first day of each calendar month during the lease term to Landlord at: _Mojack_Interests,_LLLP,P.O.Sox_701,_Galeton,_Colorado_80622 [Landlord's Designated Payment Address] or at such other place designated by written notice from Landlord or Tenant. Rental Installments shall be made in cash, certified funds, money order or check. Installments shall be made out to Mojack Interests, LLLP. The Landlord reserves the right to require cash funds. If the rent reserved and to be paid hereunder, is not paid in full by the tenth day of each month, a late fee of $_$100.00_ will be due from tenants who occupy the leased property. Tenant shall also pay to Landlord a "Security Deposit" in the amount of $2,000.00 [Security Deposit]. B. The rental for any renewal lease term, if created as permitted under this Lease, shall be N/A [Annual Rent in Renewal Term] per year payable in installments of N/A [Monthly Rental Amount] per month. 3. Use Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of storing, manufacturing or selling any explosives, flammables or other inherently dangerous substance, chemical, thing or device. 4. Sublease and Assignment Tenant shall NOT have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonable withheld or delayed. 5. Repairs During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, windows and other parts of the Leased Premises damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth in this Lease. 6. Alterations and Improvements Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. Ail personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. 7. Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and intallments of special assessments coming due during the Lease term on the Leased Premises, and all personal property taxes with respect to Landlord's personal property, if any, on the Leased Premises. Tenant shall be responsible for paying all personal property taxes with respect to Tenant's personal property at the Leased Premises. B. Insurance A. If the Leased Premises or any other part of the Building is damaged by fire or other casualty resulting from any act or negligence of Tenant or any of Tenant's agents employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair not covered by insurance. B. Landlord shall maintain fire and extended coverage insurance on the Building and the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises. C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of comprehensive general liability Insurance with respect to the respective activities of each in the Building with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord, such insurance to afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof. Landlord shall be listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance, and Tenant shall provide Landlord with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least (10) days prior to such expirations. Landlord shall not be required to maintain insurance against thefts within the Leased Premises or the Building. 9. Utilities Tenant shall pay all charges for water, sewer, gas(propane), electricity, telephone and other services and utilities used by Tenant on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Landlord. Landlord shall pay for water. In the event that any utility or service provided to the Leased Premises is not separately metered, Landlord shall pay the amount due and separately invoice Tenant for Tenant's pro rate share of the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant acknowledges that the Leased Premises are designed to provide standard office use electrical facilities and standard office lighting. Tenant shall not use any equipment or devices that utilizes excessive electrical energy or which may, in Landlord's reasonable opinion, overload the wiring or interfere with electrical services to other tenants. 10. Signs Following Landlord's consent, Tenant shall have the right to place on the Leased Premises at locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary permission from governmental authorities or adjoining owners and occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 11. Entry Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on the Leased Premises. 12. Damage and Destruction Subject to Section 8 A. above, if the Leased Premises or any part thereof or any appurtenance thereto is so damaged by fire, casualty or structural defects that the same cannot be used for Tenant's purposes, then Tenant shall have the right with ninety (90) days following damage to elect by notice to Landlord to terminate this Lease as the date of such damage. In the event of minor damage to any part of the Leased Premises, and if such damage does not render the Leased Premises unusable for Tenant's purposes, Landlord shall promptly repair such damage at the cost of the Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable for any delays resulting from strikes, governmental restrictions, inability to obtain necessary materials or labor or other matters which are beyond the reasonable control of Landlord. Tenant shall be relieved from paying rent and other charges during any portion of the Lease term that the Leased Premises are inoperable or unfit for occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other charges paid in advance for any such periods shall be credited on the next ensuing payments, if any, but if no further payments are to be made, any such advance payments shall be refunded to Tenant. The provisions of this paragraph extend not only to the matter aforesaid, but also to any occurrence which is beyond Tenant's reasonable control and which renders the Leased Premises, or an appurtenance thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's purposes. 13. Default If default shall at any time be made by Tenant in the payment of rent when due to Landlord as herein provided, and if said default shall continue for fifteen (15) days after written notice thereof shall have been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord without correction thereof then having been commenced and thereafter diligently prosecuted. Landlord may declare the term of the Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may recover said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default either in law or equity. Landlord shall use reasonable efforts to mitigate its damages. 14. Condemnation If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession, and Landlord and Tenant shall account for rental as of that date. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for the loss or damage caused by the condemnation. Neither party shall have any rights in or to an award made to the other by the condemning authority. 15. Security Deposit The Security Deposit shall be held by Landlord without liability for interest and as security for the performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly understood that the Security Deposit shall not be considered an advance payment of rental or a measure of Landlord's damages in case of default by Tenant. Unless otherwise provided by mandatory non-waivable law or regulation, Landlord may commingle the Security Deposit with Landlord's other funds. Landlord may, from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount so applied in order to restore the Security Deposit to Its original amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit remaining after any such application shall be returned by Landlord to Tenant. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further liability for the return f such Security Deposit. 16. Notice Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested addressed as follows: If to Landlord to: Monte Faulk [Landlord] P.O. Box 701, Galeton, CO 80622 [Landlord's Address] If to Tenant to: c,7/5-5,4 rk S-T"Er [Tenant] (o f [Tenant's Address] Landlord and Tenant shall each have the right from time to time to change the place notice Is to be given under this paragraph by written notice thereof to the other party. 94I 17. Headings The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 18. Successors The provisions of this Lease shall extend to and be binding upon Landlord and Tenant and their respective legal representatives, successors and assigns. 19. Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 20. Final Agreement This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties. 21. Governinx Law This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of Colorado. IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first above written. [Landlord Signature Block] DATE [Tenant Signature Block] DATE Pct urn ®N . pal 5 i 0Ac•. ( TGI 15 Ai e 'r %.1cpo^) r�7�+adVT5. p`Pe• P - Li.fO\-) -) c; 011 Prom o c i^ Tu c P I P TTtTNf Ps. S A -e STf4.,u °z 7 l e aS . n&b_D+ /, • t c1L 4(..c ,.f eI /n 11 -6 -x42/ To X aociit5f r s' March 29, 2022 This Amendment shall be attached to our Original Commercial Lease Agreement dated, October 16th, 2021. Sign and Date: Nektaria Mavridou ay, a 1(11ani �� ) fug . 03-aci -aa Mojack Interests, LLLP Jacque Faulk, General Partn r Jesus Corral Monte Faulk, General Partner / LA7 Z 3 - a `1-.7o. Colorado Commercial Lease Agreement This Commercial Lease Agreement ("Lease") is made and effective _Oct. 16, 2021_[DATE], by and between_Mojack Interests, LLLP [Landlord] and _Nektaria Mavridou and Jesus Corral D.B.A. Rea's Diner at Dillards, LLC_[Tenant]. Landlord is the owner of land and improvements commonly known and numbered as 24851 CR 74, Galeton, Colorado 80622 4490272 05/20/2019 08:00 AM Total Pages: 3 Rec Fee: $23.00 Doc Fee: $18.45 Carly Koppes - Clerk and Recorder, Weld County, CO Mojack Enterprises LLC, a Colorado limited liability company 38375 WRC 55 Eaton, CO 80615 SPECIAL WARRANTY DEED THIS DEED, Made on May 17, 2019 between Breh Venture 2016 LLC, a Colorado limited liability company of the County of Weld, State of Colorado, grantor(s), and Mojack Enterprises LLC, a Colorado limited liability company whose legal address is 38375 WRC 55, Eaton, CO 80615 of the County of Weld and State of Colorado, grantee(s): WITNESSETH, That the grantor(s) for and in consideration of the sum of One Hundred Eighty -Four Thousand Five Hundred And No/100 DOLLARS ($184,500.00), the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF also known by street and number 24851 County Road 74, Galeton, CO 80622 as: TOGETHER with all and singular the hereditaments and appurtenances thereto 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 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 described with the appurtenances, unto the grantee(s), their heirs and assigns forever. And the grantor(s), for themselves, their heirs, and personal representatives or successors, do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee(s), their heirs and assigns, against all and every person or person claiming the whole or any part thereof, by, through or under the grantor(s), except: Subject to statutory exceptions. Wherever used herein, the plural references shall be construed to be singular references and singular references shall be construed to be plural references where the context requires and all references of gender and person shall be construed to refer to the grantor or grantors identified herein regardless of the context. IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. Breh Venture2016}2LC, a Colorado limited liability company BY: Bill Hall`. Manager State of Colorado County of Weld On May 17, 2019 before me, the undersigned a Notary Public in and for said County and State, personally appeared Bill Hall, Manager of Breh Venture 2016 LLC, a Colorado limited liability company personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m Signature: han. a . d official seal. , r� Public My Commission expires: March 19, 2022 GARITA MEDRANO NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014035678 MY COM ' a EXPIRES MARCH 19, 2022 Name and Address of Person Creating Newly Created Legal Description (38-35-106.5, C.R.S.) 33700-19-10656 4490272 05/20/2019 08:00 AM Page 2 of 3 EXHIBIT A A PARCEL OF LAND LOCATED IN THE E 1/2 OF THE SE1/4 OF SECTION 31, TOWNSHIP 7 NORTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SE1/4 OF SAID SECTION 31 AS BEARING EAST -WEST AND WILL ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31; THENCE ALONG THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION 31 WEST 438.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE NORTH 170.00 FEET; THENCE WEST 71.00 FEET; THENCE SOUTH 170.0 FEET TO A POINT ON THE SOUTH LINE OF THE SE 1/4 OF SAID SECTION 31; THENCE ALONG SAID SOUTH LINE EAST 71.00 FEET TO THE TRUE POINT OF BEGINNING; SAID PARCEL ALSO DESCRIBED AS LOT 1, SUBDIVISION EXEMPTION NO. 542, RECORDED MAY 25, 1995, IN BOOK 1493, AS RECEPTION NO. 2439715. 33700-19-10656 4490272 05/20/2019 08:00 AM Page 3 of 3 EXHIBIT B Exceptions Right of way for county roads 30 feet on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889 in Book 86 at Page 273. All interest in all oil, gas and/or other minerals as conveyed by Mineral Deed recorded May 17, 1984 in Book 1030 at Reception No. 01967281, and any and all assignments thereof or interests therein. Notes and easements as shown on Subdivision Exemption No. 542 recorded May 25, 1995 in Book 1493 at Reception No. 2439715. The effect of the inclusion of the subject property in the Northern Colorado Water Conservancy District, as disclosed by the instrument dated September 20, 1937 and recorded September 29, 2010 at Reception No. 3721790. Terms, conditions, provisions, agreements and obligations specified under the Memorandum of Dedication of Lands and Associated Gas Production recorded April 10, 2019 at Reception No. 4480048. Any existing leases or tenancies, and any parties claiming an interest by, through or under said leases or tenancies. Exhibit B (Exceptions) 33700-19-10656 v _ D0S4_5 Vce e Uc5 C/1 i the v. ce 11 be �koweull. Jy_t_cl9s _ . _ n base, Lt fe..n jJth\njto& aetflesuis c eii11 tot on Li p coot co Win Nem OLOVIEst (DC' 6,113.0.12kr}1. el-enards b14.%t1(i (D144) keti Inc LICft4ov win GLA \DUr Jtose be S4OCLA etsi neeadecA C&sAerccI cc,4ouve ik a lOb! adc Cu °MP le?CA be Q oer SCWn nr.� Sinceteli 3eas Cor andi MCAA.toi w Math') ektai WELD COUNTY Rea's Diner at Dillards,-ELC, dba Rea's Diner at Dillards ONLINE MAPPING i 1,117.1 0 558.56 1,117.1 Feet A1r 1 IA 7T Af IIdLP11,1 1 "UUV NCUI3-')0082482 t ..,..a,. n,r, ELECTF.[CAL CONT1 � 4CTORS SH()PSS R I ra4 U'i r .3Fr-1' r•' I I. 9aw,+i 6,1 WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels A L_J ZPAG - Zoning Permit for AG NCU - Non Conforming Use SPR - Site Plan Review USR - Use by Special Review Highway County Boundary Notes 24851 CR 74, Galeton, CO 80622 WELD COUNTY Rea's Diner at Dillard's, LLC, dba Rea's Diner at Dillards ONLINE MAPPING This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION WELD COUNTY Rea's Diner at Dillard's, LLC, dba Rea's Diner at Dillards ONLINE MAPPING This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION 2/13/23, 5:18 PM Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R0350295 February 13, 2023 Account Information Account Parcel Space Type Account Tax Year Buildings Actual Value Assessed Value R0350295 071131000066 Commercial 2023 1 177,120 51,370 Legal 10159 PT E2SE4 31 7 64 BEG SE COR SEC W438' TO TRUE POB N170' W71' S170' E71' TO TRUE POB EXC UPRR CO RES LOT 1 SUB EXEMPT SE -542 Subdivision Block Lot Land Economic Area GALETON COMMERCIAL Property Address Property City Zip Section Township Range 24851 ROAD COUNTY 74 WELD 31 07 64 Owner(s) Account Owner Name Address R0350295 MOJACK ENTERPRISES LLC 38375 COUNTY CO 806159611 ROAD 55 EATON, Document History https://propertyreport.co.weld.co.us/?account=80350295 1/7 2/13/23, 5:18 PM Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 2439715 SE SUBDIVISION EXEMPTION SE -542 0.00 0 2441588 06-07-1995 WD DILLARD HERSCHEL W BLACKWELL R INC J 12.50 06-06-1995 125,000 2901999 11-20-2001 WD BLACKWELL J R INC PARKINS PAULA DENNIS & 21.00 11-15-2001 210,000 3213558 08-30-2004 DTHC PARKINS DENNIS D PARKINS DENNIS (HEIRS OF) D 0.00 05-22-2003 0 3213559 08-30-2004 AFFD PARKINS PAULA PARKINS PAULA 0.00 08-25-2004 0 3213560 08-30-2004 WD PARKINS PAULA PAPPENHEIM BETTY 22.00 08-27-2004 220,000 3541980 03-17-2008 WD PAPPENHEIM BETTY BOLL DAWN M 22.00 03-14-2008 220,000 4292715 04-11-2017 PTD BOLL M DAWN HALL BILLIE 0.00 04-10-2017 0 4318537 07-17-2017 WD HALL BILLIE D+A LLC HOLDING 18.75 07-06-2017 187,500 4376807 02-21-2018 WD D+A HOLDING LLC BREH VENTURE 2016 LLC 1.50 02-14-2018 15,000 4490272 05-20-2019 SWD BREH VENTURE 2016 LLC MOJACK ENTERPRISES LLC 18.45 05-17-2019 184,500 *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. Building Information Building 1 AccountNo Building ID Occupancy R0350295 1 Retail https://propertyreport.co.weld.co.us/?account=R0350295 2/7 2/13/23, 5:18 PM Property Report ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Commercial 7901 Retail 100 0 0 0 ID Exterior Roo Cover Interior HVAC Perimeter Units Type Unit Make 1 Flat Space Heater 224 0 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 2,460 0 0 0 0 0 0 0 Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width 1.00 Market 2,460 1939 1 0 0 No Additional Details for Building 1 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 2212 MERCHANDISING- IMPROVEMENT 159,021 46,120 0.000 0 Land 2112 MERCHANDISING- LAND 18,099 5,250 0.277 12,066 Totals - - 177,120 51,370 0.277 12,066 https://propertyreport.co.weld.co.us/?account=80350295 3/7 2/13/23, 5:18 PM Property Report Comparable sales for your Residential or Commercial property may be found using our SALES SEARCH TOOL Tax Authorities Tax Area District ID District Name Current Levy Mill 5043 0700 AIMS JUNIOR COLLEGE 6.307 5043 0911 EATON RECREATION AREA PARK DISTRICT AND 5.167 5043 0508 GALETON FIRE 4.000 5043 0606 GALETON SANITATION 0.000 5043 1050 HIGH PLAINS LIBRARY 3.181 5043 0304 NORTH (NWC) WELD COUNTY WATER 0.000 5043 0301 NORTHERN (NCW) COLORADO WATER 1.000 5043 0202 SCHOOL DIST RE2-EATON 34.957 5043 0100 WELD COUNTY 15.038 Total - - 69.65 Photo https://propertyreport.co.weld.co.us/?account=80350295 4/7 2/13/23, 5:18 PM Property Report Sketch https://propertyreport.co.weld.co.us/?account=R0350295 5/7 2/13/23. 5:18 PM Property Report 30 0' 82.0' 1-'f Market Blt 1939 Class C 70.0' 14' wh Space Heat 2460.0 sq _ ft Sketch by Apex IV Ut(mdou,s TM' Canopy 156.0 sq. ft. 26.0' j 6.0' WC R 74 Building 1 Page 1 Map https://propertyreport.co.weid.co.us/?account=R0350295 6/7 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, CO 80632 www.weld.gov May 18, 2023 ATTN: NEKTARIA MAVRIDOU REA'S DINER AT DILLARDS, LLC DBA REA'S DINER AT DILLARDS 6715 34TH STREET GREELEY, CO 80634 RE: RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a Hotel and Restaurant (County) Liquor License at the property described as: 24851 County Road 74, Galeton, Colorado 80622. The meeting is scheduled for Wednesday, June 7, 2023, 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 hearing and you are welcome to attend, your attendance is not mandatory at this time. The hearing will be live -streamed at www.weld.gov. If you have any questions concerning this matter, please do not hesitate to contact the Clerk to the Board's Office at (970) 400-4226 or egesick@weld.gov. Sincerely, Y.d 45,,), Esther E. Gesick Clerk to the Board cc: Weld County Attorney's Office WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING POSTAL FIRST NAME LAST NAME ADDRESS 1 CITY STATE COMPANY CODE MAVRIDOU REA'S DINER AT NEKTARIA 6715 34TH STREET GREELEY CO 80634 DILLARDS, DBA AT DILLARDS REA'S LLC. DINER rajmf7@gmail.com I hereby certify that I have sent a notification of hearing date 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 18th day of May. 2023. N U. CI CI r1 CI N (s4 /IA Esther E. Gesick Clerk to the Board U.S. Postal Service' CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com®. F n F , to * Ct Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) ❑ Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required ❑ Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees Postmark Here 5/1$20a3 N$&On& I 1 lc1vr idol r To flshiucStSs th ). i ire and Apt. No., or P Box No. t ,41 l 5 3 1L. r-c�. ' Stat ZIP+4 r.�e.1i� , eo¼goo3y PS Form 3:,00, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION U ❑ ❑ T �• NO Ey n E C Cu Oro I$II L ?NC U �v W lC u) C6 O C U) . rn TC) V 7:3 CZ as N t r co E E O O a E� o O a ■■ 0 O U a) i 0 U a) E O t: E U cts ac) n a) U O e - t,4= co C L. � E 0) .C aS o Q O ■ 1. Article Addressed to: to • get S C V 1 As'a e4a ants (its FAQ � v � e(y a 404:1:12C1 U) x0 2 .O CI - 0 eirci 'Fs v -n e 7.5 .L n a) CC 2 00 fa 0 0 a) O m (t ' D (O(Owc d) a) a) .m .o) a) CCccawocc ❑ ❑ ❑ ❑ C) a) 0 etz 6 w N .i U cc aa)) cc21 ED_ C ezi cc a a 2 2 N a) co -cf(.Ooo C)�ortt__ 0Svva)a)oo < < U U 0 0 M❑❑li(D D .P-. O as tr. O co co O (O O O) 0 0 a) a� U O 0 0 O) 0 2. Article Number (Transfer from service label) in" CC is IT' a CI a rR rag N Domestic Return Receipt PS Form 3811, July 2020 PSN 7530-02-000-9053 HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS Receipts RECEIPT DATE q-13-ava3 NO. 92174 O O o C N o U o 0 m c0 c a) 2 O -ctiU U o 0 w0 P- C.) a.. O O -o O O U 12 Co O m O O 'p PO Box 758 Greeley CO 80632 For RECEIVED FROM ADDRESS FOR t, C i1[.rSS, ti_c U x4%4.2. HOW PAID CASH CHECK MONEY ORDER REAS DINER AT DILLARDS LLC PH. 970.454-5693 PO BOX 721 GALETON, CO 80622 Pay to the Order of CLI Q --7 1381 BY 4ks I ck. 82-244/1070 66/ -43 G� e1L/ ( ,✓4y I $ as -O ritx Ddlrere 4( he sc,t)(44., 1381 ••Bank of Colorado 1.800.227.7715 THERE'S ONLY O H E bankofcok,i ido.cam Fbr RECEIPT DATE 4-i -490 ,3 Minn en Ia. NO. 92175 RECEIVED FROM _Vv2.4.5 7U7� of 'Di 42L, ,J_? ADDRESS $ 556. Clafr FOR Sfate_ N i Q r LejaAS s:. Fartikal.Q Hu, -Aar, -St r mtt s HOW PAID CASH CHECK MONEY ORDER 1550 - (LIQO -#1393 BY a Lies REAS DINER AT DILLARDS LLC PH. 970-454-5693 PO BOX 721 GALETON, CO 80622 •Bank of Colorado lib rado,com THERE'S ONLY ONE C101/ 15Ct7( ': 82-244/1070 Ocl 43 O21, 1380 PP HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS Staff Referral Responses From: Esther Gesick To: Benjamin Endreson; Bethany Pascoe; Bruce Barker; Byron Howell; Curtis Hall; Cynthia Villanueva; Duane Naibauer; Elizabeth Relford; Gabri Vergara; Karin McDougal; Lauren Light; Maxwell Nader; Nick Trautner; Sam Kaneta III; Tom Parko Jr; Wendi Inloes Subject: Referral Response Request - Liquor License Renewal - Rea"s Diner at Dillards, LLC, dba Rea"s Diner at Dillards Date: Thursday, May 18, 2023 12:07:00 PM Attachments: Staff Referral Memo - Rea"s Diner at Dillards, LLC.pdf Good afternoon, In accordance with the procedures for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Thursday, June 1, 2023 Please note: 1. Applicant: Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards Address: 24851 CR 74, Galeton, CO 80622 File Location: LC0058 2. Hotel and Restaurant (County) Liquor Licenses allow for the sale of malt, vinous, and spirituous liquors for consumption by the drink on the premises only. 3. Full meals are required to be served. 4. The property is permitted under Non -conforming Use, NCU17-0013. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street'P.O. Box 7581 Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: 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. MEMORANDUM TO: Board of County Commissioners FROM: Sam Kaneta III, Captain DEPARTMENT: Weld County Sheriffs Office DATE: 18 May '23 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards (Nektaria Mavridou) Address: 24851 County Road 74, Galeton, CO 80622 File Location: LC0058 Reply By: Thursday, June 1, 2023 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) 400-4226 or egesick@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 renewal 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 databases, no issues. MEMORANDUM TO: Board of County Commissioners FROM: Curtis Hall DEPARTMENT: Public Works DATE: 05/18/2023 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards (Nektaria Mavridou) Address: 24851 County Road 74, Galeton, CO 80622 File Location: LC0058 Reply By: Thursday, June 1, 2023 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) 400-4226 or egesick@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 renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM TO: Board of County Commissioners FROM: NlckTrautner DEPARTMENT: Environmental Health DATE: 5/22/2023 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards (Nektaria Mavridou) Address: 24851 County Road 74, Galeton, CO 80622 File Location: LC0058 Reply By: Thursday, June 1, 2023 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) 400-4226 or egesick@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 renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. MEMORANDUM f To: From: Subject: Esther Gesick, Clerk to the Board Date: May 25, 2023 Cynthia Villanueva, Code Compliance Officer, Dept. of Planning Services LC0058 Review of the following new liquor license application by the Department of Planning Services shows the following: PERMIT INFORMATION: Sales Tax License #: 94980946 Operating Managers: Licensee Name: Dba: Mailing Address: Situs Address: Nektaria Mauridou (Rea) and Jesus Corral Rea's Diner at Dillards LLC. Rea's Diner at Dillards 6715 34th St, Greeley, CO 80634 24851 County Road 74, Galeton, CO 80622 PROPERTY INFORMATION: Parcel Number: Zone District: Land Use: 0711-31-0-00-066 (0.28 acres +/-) Agricultural Non -Conforming Use of a Structure (NCU17-0013). STAFF COMMENTS: Upon review of my case files and computer, no active Zoning Violations were noted. No Compliance comments. No Planning comments. SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Board of County Commissioners FROM: Tom Parko DEPARTMENT: Department of Planning Services DATE: 05.31.23 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Rea's Diner at Dillards, LLC, dba Rea's Diner at Dillards (Nektaria Mavridou) Address: 24851 County Road 74, Galeton, CO 80622 File Location: LC0058 Reply By: Thursday, June 1, 2023 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) 400-4226 or egesick@weld.00v. ❑✓ 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 renewal application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. Use is permitted under NCU17-0013, which was upheld by the Board of Adjustment under case number BOA19-0002. HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS Miscellaneous Correspondence June 8, 2023 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weld.gov COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION P.O. BOX 17087 DENVER, CO 80217-0087 RE: APPLICATION FOR RENEWAL OF A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS To Whom It May Concern: Please see the attached renewal application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved the application on Wednesday, June 7, 2023. Check #: 1380 Check Date: 4/13/2023 Amount: $550.00 If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, Chloe A. White Deputy Clerk to the Board Supervisor cwhite@weld.gov 6/8/23, 10:19 AM FedEx Ship Manager - Print Your Label(s) v rn (7 0 Dos m" z 8969 £Z68 £ZLL 1HJIN213A0 A11110111d N c z aTgi rn� J232023040501. 1801 1 X08 Od 0 O r rc Op vm pz v „ H O z z m z C m 583J229ABIFE2D 4,2 A Qom mom � r C W Z w rn After printing this label: 1. 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Written claims must be filed within strict time limits, see current FedEx Service Guide. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 1/2 6/8/23, 10:19 AM FedEx Ship Manager - Print Your Label(s) Shipment Receipt Address Information Ship to: LIQUOR ENFORCEMENT DIVISION COLORADO DEPARTMENT OF REVENUE PO BOX 17087 DENVER, CO 802170087 US 3032052300 Ship from: CHLOE WHITE WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 772389236968 Ship date: 06/08/2023 Estimated shipping charges: 8.30 USD Package Information Pricing option: FedEx Standard Rate Service type: Priority Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.80 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: WELD CLERK TO THE BOARD SENDER NAME: CHLOE A. 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Consult the applicable FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 2/2 HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - REA'S DINER AT DILLARDS, LLC, DBA REA'S DINER AT DILLARDS Non -Conforming Use NCUI 7-0013 fi stir, IIk COLORADO APPLICATION FLOW SHEET OWNERS: APPLICANT: REQUEST: LEGAL: LOCATION: D&A Holding, LLC (Donald Smith) Huskies Dog House, LLC (Donald Smith) c/o Allen Buckendorf N on -Conforming Use of a Structure for the Dillard's Building (24851 CR 74). which was established in the 1960s and has been consistently used for a restaurant with no gap is use for over 1 year according to the owner. The site has been vacant the past year but has sold to D&A Holding, LLC and will be operated by Huskies Dog House, LLC dba as Red's Inn for a restaurant/diner. The Dillard's sign will remain on the front building facade. There will be 2 employees on site. No USR was determined necessary by the Board of County Commissioners. N on -Conforming Structure for the Dillard's Building which is within the 50 feet setback (43 feet away) from the centerline of County Road 74 right-of-way. And it lies within the future right of way of 90 feet setback from the centerline of County Road 74 right-of-way. Lot 1 of Subdivision Exemption SE -542; being a pad of the E2SE4 of Section 31, T7N, R64W of the 6th P.M., Weld County, CO N orth and Adjacent to County Road 74; approximately 0.08 Miles west of County Road 51 Date By Application Received 07/31/2017 Michael Hall Application Completed 07/31/2017 Michael Hall Referrals listed N/A Design Review Meeting (PUD) N/A File assembled N/A Letter to applicant emailed 07/31/2017 Michael Hall Vicinity map prepared N/A Referrals mailed N/A Chaindexed N/A Field check by DPS staff N/A Administrative Review decision: Approved 07/31/2017 Michael Hall Overlay Districts Zoning: RUA: IGA: Airport: (A) Agricultural N O N O N O Road Impact: Geologic: Flood Hazard: MS4: Area 2 N O N O N O July31, 2017 D&A Holding, LLC c/o Donald Smith 315 1st Street Pierce, CO 80650 Subject: Parcel ID #: Legal: DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue Greeley, Colorado 80631 Website: www.co.weld.co.us Email: mhall@co.weld.co.us Phone: (970) 400-3528 Fax: (970) 304-6498 Non -Conforming Use of a Structure and Non -Conforming Structure; NCU17-0013 0711-31-0-00-066 Lot 1 of Subdivision Exemption SE -542; being a part of the E2SE4 of Section 31, T7N, R64W of the 6th P.M., Weld County, CO D&A Holding, LLC c/o Donald Smith This letter is to inform you that the Department of Planning Services has determined that the Dillard's Building (24851 County Road 74) and restaurant use has existed since the 1960's which was prior to the adoption of the Weld County Zoning Ordinance on August 30, 1972 and has been consistently used for a restaurant with no gap in use for over one year according to the owner. This determination is based off the Weld County Assessor's Property Card data for the parcel and per the NCU application. The site has been vacant the past year but has sold to D&A Holding, LLC and will be operated by Huskies Dog House, LLC dba as Red's Inn for a restaurant/diner. The property owner has indicated that the Dillard's sign will remain on the front building facade and there will be two employees on site. Also, the Dillard's Building is within the 50 feet setback (43 feet away) from the centerline of County Road 74 right-of-way. The Building lies within the future right of way of 90 feet setback from the centerline of County Road 74 right-of-way, because the structure has existed since the 1960s which was prior to the adoption of the Weld County Zoning Ordinance on August 30, 1972, the structure is allowed to remain with the setback. This determination was based of the review of the Weld Count Property Portal and aerial imagery of the site. Given these findings, a designation of Non -Conforming Use of a Structure and Non -Conforming Structure has been established for this building and use. Non -Conforming Use number NCU17-0013 has been assigned to this property. Please retain this number for further reference. Please contact me with any questions. Regards, Michael Hall Planner I NON -CONFORMING USE (STRUCTURE) FACT SHEET OWNER(S) NAME: D&A Holding, LLC (Donald Smith) APPLICANT: Huskies Dog House, LLC (Donald Smith) c/o Allen Buckendorf CASE: NCU17-0013 U 17-0013 PARCEL ID #: 0711-31-0-00-066 ACRES: +/- 0.23 PROPERTY ADDRESS: 24851 County Road 74 LEGAL DESCRIPTION: Lot 1 of Subdivision Exemption SE -542; being a part of the E2SE4 of Section 31, T7N, R64W of the 6th P.M., Weld County, CO LOCATION: North and Adjacent to County Road 74; approximately 0.08 Miles west of County Road 51 USE OF THE PROPERTY: Commercial (Restaurant) CURRENT ZONING: A (Agricultural) APPROPRIATE DATE FOR NON -CONFORMING USE: 1960s COMMENTS: It was determined the Dillard's Building has existed since 1960, including the restaurant use and the structure being within the CR 74 setback. This determination is based off direction by the Board of County Commissioners, the Weld County Assessor's Property Card data for the site and per the application. Section 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT coverage, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. Should such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be restored except in conformance with the provisions of this Chapter. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. B. Expansion or enlargement. No such nonconforming STRUCTURE or nonconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its nonconformity, except that those STRUCTURES that are nonconforming by reason of noncompliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed within an existing right-of-way. C. Substitution of STRUCTURES. Should such nonconforming STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. D. Existing Building Permits. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans or construction of any STRUCTURE on which actual construction was lawfully begun prior to the effective date of adoption of the ordinance codified herein or amendment of this Chapter and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently. (Weld County Codification Ordinance 2000-1). Sec. 23-7-50. - Nonconforming uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not be restored, except to gain conformance with all provisions of this Chapter. The nonconforming USE may not be reestablished after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE, may be permitted. B. Expansion or Enlargement. 1. A nonconforming USE may be extended throughout any pads of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption of the ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any land outside such STRUCTURE without first having received a Special Review Permit pursuant to the procedures established in Article II, Division 4 of this Chapter. 2. A nonconforming USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such nonconforming USE shall be moved in whole or in pad to any portion of the lot or parcel other than that occupied by such USE on the effective date of adoption of the ordinance codified herein or amendment of this Chapter. C. Substitution of USES. 1. A nonconforming USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. However, the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing nonconforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenever a nonconforming USE is replaced by a permitted USE, the nonconforming USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. D. Abandonment. When a nonconforming USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more than one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located. direction by the Board of County Commissioners and Hello