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Home My WebLink About20222691.tiffFINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION FOR TRANSFER OF OWNERSHIP FROM RNR, LLC, DBA MCCARTY'S AT EATON COUNTRY CLUB, TO ION, LLC, DBA MCCARTY'S EATON, FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES, AND AUTHORIZE CHAIR TO SIGN The application of ION, LLC, dba McCarty's Eaton, 37661 County Road 39, Eaton, Colorado 80615, for the Transfer of Ownership of a Hotel and Restaurant (County) Liquor License with One (1) Optional Premises, came on for hearing on the 21st day of September, 2022, at 9:00 a.m., and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced at said hearing, having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The applicant is of good character and reputation. RESOLUTION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has considered the application from ION, LLC, dba McCarty's Eaton, 37661 County Road 39, Eaton, Colorado 80615, for the Transfer of Ownership of a Hotel and Restaurant (County) Liquor License with One (1) Optional Premises, said license previously being held by RnR, LLC, dba McCarty's at Eaton Country Club, for the sale of malt, vinous, and spirituous liquors for consumption by the drink on the premises only, 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 to the County of Weld the sum of $825.00 for the transfer of an existing Hotel and Restaurant (County) Liquor License with One (1) Optional Premises, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to approve said application for the Transfer of Ownership of a Hotel and Restaurant (County) Liquor License with One (1) Optional Premises for ION, LLC, dba McCarty's Eaton. 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 So(MiMK/sic), CA (BR APPL • la /1712.2 2022-2691 LC0037 TRANSFER OF OWNERSHIP OF A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S EATON PAGE 2 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby grant License Number 2022-22 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until December 4, 2023, 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 21st day of September, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dd li r) .fC.*:11 ott K. James, Chair Weld County Clerk t• the Board BY: Deputy Clerk to the Boar APPOVED AS TO FOR County Attorney Date of signature: Lei°7/22 2022-2691 LC0037 THIS LICENSE EXPIRES DECEMBER 4, 2023 ( ‘L. . 1 - rerataranriarraCcril CliTiraCjang:Osa err. . N.C.C.C. Cr ir"..4 1 v� License Number 2022-22 ,,�86� �, I License Fee $825.00 es SI !! 1/4.,..NI ' `/ STATE OF COLORADO V T COUNTY OF WELD 1/4..,/ / kThi L,,, �RET'AI� _ QU � _ � � BY AUTHORITY OF THE BOARD OF COUNTY COTiN1ISSIONERS kal kr)k... FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES Li TO SELL AT RETAIL MALT, VINOUS, AND SPIRITUOUS LIQUORS L. pliquors, �tuous This is to Certify, drat ION, LLC, dba McCarty's Eaton, of the State of Colorado, having applied for a License to sell malt, vuious andsand havenk... g paid t o the County Treasurer the sum of Eight Hundred and Twenty -Five and () ($825.00) Dollars; therefore, the above applicant is hereby licensed to sell malt, vinous, and spirituous liquors containing more than n 3.2% Alcohol by weight, by the drink for consumption on the premises only, as a Hotel and Restaurant (County) with One (1)Lao Optional Premises, at the address of 37661 County Road 39, Eaton, Colorado 80615, in the County of Weld, State of Colorado, for a period beginning on the 4th day of December, 2022, and ending on the 4th day of December, 2023, unless this License is l tr) revoked sooner as provided by law. �1k...\I / This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Article 3 of Title 44, `]i Lc) Colorado Revised Statues, as amended. �v IN '1'ESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers dulyL. l/ tar) authorized this 21st day of September, 2022. �� . ` , � f/.VITEST: thtera) C� XS;e,k t�'` The rd of County Commissioners7 kThwi I (MI t\ ?' i a.,.--c.A.,--fasc, 8 to-, a kmi BY ,k..1 Deputy Clerk to the Board � �`��4��ni�`� �_ I� I (, air, Board of County Commissioners kl): 1 i riCSE a: 5, 1 1C13.:& 1 . ,\ ii .. ; ' .. /sl - IL isfj nwamm a es) se aC) sat j: j - : a mai : j si:ft. i a /".: 1 i ea (2O1 TO BE POSTED IN A CONS1!!!US 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 ION LLC dba MCCARTYS EATON 37661 COUNTY ROAD 39 Eaton CO 80615 ALCOHOL BEVERAGE LICENSE Liquor License Number 03-17805 License Expires at Midnight December 04 2023 License Type HOTEL & RESTAURA,IT' PTIONAL (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. 12/5/2022 LC Michelle Stone-Principato, Division Director Mark Ferrandino, Executive Director/CEO CERTIFICATE OF DELIVERY DATE: December 12, 2022 FROM: Chloe A. White, Deputy Clerk to the Board Supervisor SUBJECT: ION, LLC, dba McCarty's Eaton 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 (5''` day of December, 2022. One copy of the signed Weld County Resolution approving Transfer of Ownership from RnR, LLC, dba McCarty's at Eaton Country Club, to ION, LLC, dba McCarty's Eaton, for a Hotel and Restaurant (County) Liquor License with One (1) Optional Premises One original Weld County Liquor License One copy of Colorado Liquor License Print Name /z//sl2z Date Signature Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • cwhite@weldgov.com DR 8404 (01/22/20) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application ❑ New License ❑ New -Concurrent Transfer of Ownership ❑ State Property Only ❑ Master file • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcement/liquor 1. Applicant is applying as a/an ❑ Individual Limited Liability Company ❑ Association or Other ❑ Corporation Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partners names; if corporation, name of corporation -XpN LIc FEIN Number 36-L87796-6 2a. Trade Name of Establishment (DBA) ' " - State Sales Tax Number N►c�Gr•I-xs F Alon Tyf92262 Business Telephone 4)0--,i5,4 -2106 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 374GI 10 Y R0411 39 City ai-O rL County weld State 60 ZIP Code 0G15 4. Wiling Address (Number and Street) Y. O. ZO.X Z 4« City or Town i,tiO.1, State C'' ZIP Code 3066- 5. Email Address 14'ehff639 ECC Optrt,1.Lor1 6. If the premises currently has a liquor or b r license, you must answer the following questions Present Trade Name of Establishment (DBA) I Present State License Number Present Class of License A Gc ur-i-YS 0 64 1.04 .4'yo GI u 03-07255 110481 J— K65haiu/f)c Present Expiration Date I) - 2 I — 2021 Section A Nonrefundable Application Fees* Section B (Cont.) Liquor License Fees* ❑ Application Fee for New License $1,550.00 ❑ Application Fee for New License w/Concurrent Review $,1 ,65o02 $ Application Fee for Transfer ❑ Liquor -Licensed Drugstore (County) ..................................................$312.50 ❑ Lodging & Entertainment - L&E (City) .................................................$500.00 ❑ Lodging & Entertainment - L&E (County) ❑ Manager Registration - H & R................................................................ ...........................................$500.00 $75.00 $75.00 $75.00 Complex ..$75.00 $500.00 $500.00 $500.00 Ci (City).. ...................•....•••• $160.00 (County) ........................ $160.00 (State) ............................ $160.00 $500.00 Ci $312.50 $500.00 $500.00 ..........................................$750.00 Section B Liquor License Fees* p ' na m o X Manager Registration - Tavem............................................................... ❑ Manager Registration - Lodging & Entertainment. ❑ Manager Registration - Campus Liquor ❑ Optional Premises License(City)............. P ............................................$500.00 ❑ Optional Premises License(County)... P ................................................$500.00 ❑ Racetrack License (City) ....................................................................... ❑ Racetrack License (County) ................................................................. ❑ Resort License(City)............. Com lex P................................................$500.00 ❑ Resort License Complex(County).............. P ❑ Related Facility - Campus Liquor Complex P q P ❑ Related Facility - Campus Liquor Complex ❑ Related Facility - Campus Liquor Complex ❑ Retail Gamin Tavem License (City) 9 ( ty) ..................................................$500.00 ❑ Retail Gamin Tavem License (County)..... g ❑ Retail Liquor Store License -Additional q (City)..... ❑ Retail Liquor Store License -Additional (County)................................ ❑ Retail Liquor Store(City)....................... q................................................$227.50 ❑ Retail Store Liquor q (County).................. ...............................................$312.50 ❑ Tavem License (City) ❑ Tavem License (County) ❑ Vintners Restaurant License (City) .................................................$750.00 ❑ Vintners Restaurant License (County)....... ❑ Add Related Facility to Resort Complex$75.00 X Total ❑ Add Sidewalk Service Area. $75.00 ❑ Arts License (City)..............................................................• ••••••• ........ $308.75 ❑ Arts License (County) ( ty).......................................................................... $308.75 ❑ Beer and V ine License (City). ----..... $351.25 ❑ Beer and Wine License (County)........................................................ $436.25 ❑ Brew Pub License (City).................................................................... $750.00 ❑ Brew Pub License (C """"' ounty) $750.00 """""""""" " """"""" ❑ Campus Liquor Complex (City).. P q P ( ty)........................................................... $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 License (City) ( ty)................................................................. $750.00 ❑ Distillery Pub License (County)........................................................... $750.00 ❑ Hotel and Restaurant License (City). $500.00 ❑ Hotel and Restaurant License (County) ............................................ $500.00 ❑ Hotel and Restaurant License w/one opt remises C' r�,, p p (City) ................. $600.00 wl Hotel and Restaurant License w/one opt remises (County)............ p p ( ty)............ $600.00 ❑ Liquor —Licensed Drugstore (City) ....................................................... $227.50 * Note that the Division will not accept cash Questions? Visit: www.colorado.gov/enforcement/liquorfor more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total DR 8404 (01/22/20) Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.colorado.gov/enforcement//iquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information l ''A. Applicant/Licensee identified Ca' B. State sales tax license number listed or applied for at time of application E " C. License type or other transaction identified D. Return originals to local authority (additional items may be required by the local licensing authority) V E. All sections of the application need to be completed Z F. Master file applicants must include the Application for Master File form DR 8415 and applicable fees to this Retail License Application II. Diagram of the premises GeA. No larger than 8 1/2" X 11" Ga' B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) NZ C. Separate diagram for each floor (if multiple levels) 2(D. Kitchen - identified if Hotel and Restaurant Z. E. Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) 0—A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk li"B. Lease in the name of the applicant (or) (matching question #2) IBC. Lease assignment in the name of the applicant with proper consent from the landlord and acceptance by the applicant Z D. Other agreement if not deed or lease. (matching question #2) IV. Background information (DR 8404-I) and financial documents "A. Complete DR 8404-I for each principal (individuals with more than 10% ownership, officers, directors, ,_/ partners, members) S'" B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved state vendor. Do not complete fingerprint cards prior to submitting your application. The Vendors are as follows: IdentoGO — https://uenroll.identogo.com/ Phone: 844-539-5539 (toll -free) IdentoGO FAQs: https://www.colorado.gov/pacific/cbi/identification-faqs Colorado Fingerprinting — http://www.coloradofingerprinting.com Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 Toll Free: 833-224-2227 i' C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license 2' D. List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) Z A. Form DR 4679 Z B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) Z A. Certificate of Incorporation Z B. Certificate of Good Standing Z C. Certificate of Authorization if foreign corporation (out of state applicants only) VII. Partnership applicant information (if applicable) Z A. Partnership Agreement (general or limited). 0 B. Certificate of Good Standing VIII. Limited Liability Company applicant information (if applicable) l" A. Copy of articles of organization I "B. Certificate of Good Standing V.C. Copy of Operating Agreement (if applicable) B D. Certificate of Authority if foreign LLC (out of state applicants only) IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application Z A. $75.00 fee a— B. Individual History Record (DR 8404-1) Y. -C. If owner is managing, no fee required 2 DR 8404 (01/22/20) Name Type of License Account Number won L LL poi(I / he4-c.,,'ur k 7. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, Yes No stockholders or directors if a corporation) or managers under the age of twenty-one years? ❑ A 8. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): a. Been denied an alcohol beverage license? ❑ NI b. Had an alcohol beverage license suspended or revoked? ❑ ,® c. Had interest in another entity that had an alcohol beverage license suspended or revoked? ❑ PK If you answered yes to 8a, b or c, explain in detail on a separate sheet. 9. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the ❑ X preceding two years? If "yes", explain in detail. 10. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements of ❑ Colorado law, or the principal campus of any college, university or seminary? or Waiver by local ordinance? ❑ Ni Other: 11. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal door- ❑ way of the Licensed LLDS/RLS. 12. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal ❑ E doorway of the Licensed LLDS/RLS. 13 a. For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016? ❑ EX 13 b. Are you a Colorado resident? ® ❑ 14. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a Limited Liability Company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any ® ❑ current financial interest in said business including any loans to or from a licensee. k,h1 geof Ra fir 1��v{f n f Tleaasse 15. Does the applicant, as listed on line 2 of this application, arrangement? ❑ Ownership LA Lease ❑ Other (Explain in a. If leased, list name of landlord and tenant, and have legal possession of the premises by ownership, or other [Al ❑ Detail) date of expiration, exactly as they appear on the lease: Landlord Tenant arioa CCNf4-fir Clh b I on LLG Expires q -3o-2 6 b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. ❑ al c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances, exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". 16. Who, besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money, inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name � /! �4' First Name Date of Birth FEIN or SSN Interest/Percentage Last Narnee ( First Name Date of Birth FEIN or SSN Interest/Percentage AttacY/ h copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: ® ❑ Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (See license fee chart) C 18. For the addition of a Sidewalk Service Area per Regulation 47-302)A))4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. 19. Liquor Licensed Drugstore (LLDS) applicants, answer the following: a. Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? ❑ m If "yes" a copy of license must be attached. 3 DR 8404 (01/22/20) Name Type of License Tg11 LLt 1—fo+e,I IRtstca Account Number 20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation Yes No a. Is the applicant organization operated solely fora national, social, fratemal, patriotic, political or athletic purpose and not for pecuniary gain? ❑ EN b. Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the ❑ N object of a patriotic or fraternal organization or society, but not for pecuniary gain? c. How long has the club been incorporated? d. Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? ❑ El 21. Brew -Pub, Distillery Pub or Vintner's Restaurant applicants answer the following: ❑ a. Has the applicant received or applied fora Federal Permit? (Copy of permit or application must be attached) XI 22. Campus Liquor Complex applicants answer the following: a. Is the applicant an institution of higher education? ❑ Z b. Is the applicant a person who contracts with the institution of higher education to provide food services? ❑ IK If "yes" please provide a copy of the contract with the institution of higher education to provide food services. 23. For all on -premises applicants. a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record - DR 8404-I and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV, for details. b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. Last Name of anager First Name of Manager t 054 -re Vet, 001 I l 24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Yes No Colorado? If yes, provide name, type of license and account number. ❑ KI 25. Related Facility - Campus Liquor Complex applicants answer the following: ❑ I� a. Is the related facility located within the boundaries of the Campus Liquor Complex? �" If yes, please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility- Campus Liquor Complex Last Name o Manager First Name of Manager !V� 26. Tax In ormation. a. 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? b. 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.? Yes No ❑ g ❑ ►:� 27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-I (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Obd Lei I aS.1-rQ 114 Home Address, City & State 1324, Pk iS CT, E}o4 GO DOB Position GM/oi•ver %Owned 67.,E Name Pak ! 6� Lk , Home Address, City & State )l1+ 56 c, ,'fy Rein 72 '�a ,r,1Ce DOB Position r444-yer1OWf<r %Owned 3.2,.E Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned *" If applicant is owned 100% by a parent company, please list the designated principal officer on above. ** Corporations - the President, Vice -President, Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) ** If total ownership percentage disclosed here does not total 100%, applicant must check this box: 0 Applicant affirms that no individual other than these disclosed herein owns 10% or more of the applicant and does not have financial interest in a prohibited liquor license pursuant to Article 3 or 5, C.R.S. 4 DR 8404 (01/22/20) Name„ n Type of License Account Number '"+I'wnr l C I- I o+e l/ Ras -fa s v � Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Authorized Signature 0 , Printed Name and Title PcO4l 5Pe cif Date 10-29-2c, Report and Approval of Local Licensing Authority (City/County) Date application filed with local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application) 6/9/2022 9/21/2022 The Local Licensing Authority Hereby Affirms that each person required to file DR 8404-I (Individual History been:, N Fingerprinted gi Subject to background investigation, including NCIC/CCIC check for outstanding warrants That the local authority has conducted, or intends to conduct, an inspection of the proposed premises and aware of, liquor code provisions affecting their class of license (Check One) U Date of inspection or anticipated date N/A — No Changes Made to Premises Record) or a DR 8000 (Manager Permit) has to ensure that the applicant is in compliance with ❑ Will conduct inspection upon approval of state licensing authority gl Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1,500 feet of another retail liquor license for off- Yes No premises sales in a jurisdiction with a population of > 10,0000? ❑ E IA Is the Liquor Licensed Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off- ❑ n premises sales in a jurisdiction with a population of < 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. 1 Does the Liquor -Licensed Drugstore (LLDS) have at least twenty percent (20%) of the applicant's gross annual income derived ❑ from the sale of food, during the prior twelve (12) month period? The foregoing application has been exa••.�. y•e premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, ' :l*- a :� e : • 15. • le requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 44, A -� ,:y�•4` r Rules. Therefore, this application is approved. Local Licensing Authority for Weld County, Colo �..186o1 �' Telephone Number ❑ Town, City '�1 (970) 400-4213 E County Signatur , ) . c'lt K. James Title Chair, Board of County Commissioners Date 9/21/2022 Signat r f ether E. Gesick Title 21erk to the Board Date 9/21/2022 RECEIVED JUN 0 9 2022 WELD COUNTY COMMISSIONERS 5 DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information r p G'e't ( e am signing this Tax Check Authorization, Waiver and Request to Release Information (hereinafter "Waiver") on behalf of Z o ft L Le... (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 and documentation obtained using this Waiver in any administrative or judicial action regarding the application or license. Name (Individual/Business) Social Security Number/Tax Identification Number S0t1 1-1-6 DM AcCorTS 36 —11177956 Address 376'61 c k 3q City State Zip Home Phone Number Business/Work Phone Number Q70-1l611-2/0(� Printed name of person jigning on behalf of the Applicant/Licensee I ✓a,?7i� /csS mod` Applicant/Licensee's Signature (Signature authorizing the disclosure of confidential tax information) ate signed /r9 2/ / 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). 5/21/22, 8:02 AM Gmail - Transfer of Liquor License or4 7mal Transfer of Liquor License 1 message Bill Ramaglia abillyrags97@gmail.com> Bill Ramaglia <billyrags97@gmail.com> Sat, May 21, 2022 at 8:01 AM To: Paul Speck <magicmagic245@gmail.com> To whom it may concern: 1, William Ramaglia, agree to transfer said liquor license from RnR LLC to ION LLC. This is being done willingly. Respectfully, William Ramaglia. https:llmaif.goagle.camlmailtuflPik-4fefdf6655&v€evi=pt&search=all&perinthid=thread-a%3Ar6013'15986a421657781&sirnpl=rnsg-a%3Ar6168d93296.._ 1/1 DR 8004 (09/28/18) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Wholesaler Affidavit of Compliance Section 44-3-303(1)(d), C.R.S. Wholesaler Licensee Name (If an LLC; partnership; corporation or name of corporation) License Number EAGLE ROCK DISTRIBUTING COMPANY OF COLORADO 03-14131, 03-14132 Trade Name of Establishment/Doing Business As (DBA) EAGLE ROCK DISTRIBUTING COMPANY OF COLORADO Phone Number (866) 625-0382 State ZIP CO 80538 Physical Address City 3800 CLYDESDALE PKWY LOVELAND Email Address Transferor Retailer Licensee Name License Number RNR LLC 03-07255 Trade Name of Establishment/Doing Business As (DBA) MCCARTYS EATON COUNTRY CLUB Phone Number State [ZIP CO 80615 Physical Address City 37661 COUNTY ROAD 39 EATON The above wholesaler affirms that all alcohol beverages delivered to the above transferor retailer are: 0 Paid in Full (only for the purposes of complying with section 44-3-303(1)(d), C.R.S.) Note: If Paid in full is selected, the wholesaler may no longer extend credit to the transferee or transferor until the local and state licensing authorities have approved the transfer of the liquor license. ❑ Not Paid in Full Wholesaler: EAGLE ROCK DISTRIBUTING COMPANY Signature Print Title Date r" ,---- ',‘,,,./—.--- JOSH BELDEN ADMIN 04/28/22 DR 8004 (09/28/18) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Wholesaler Affidavit of Compliance Section 44-3-303(1)(d), C.R.S. wholesaler Licensee Name (If an LLC; partners lip; corporation or name of corporation) License yC. tt�.r r l ) Number Trade Name of Esta li hment/Doin Busin 'r essPs (DBA) � g }} 9th y ¢ -I / I. ..tali{ � 1�1 { .�.. �i j T..l ( )'\.�tl 'r ; . Ifi.ty Phone Number, ' 2i ,(„' State ZIP , :.I` I r,;(;) —j, Physical Address i 4 t C 1 Y;).i111 .�-c' I i ?,l Y(,'( ( ?- / tffil',Sr) Email Address Transferor Retailer Li nsee Name License Number RNR LLC 03-07255 Trade Name of EstablishmenUDoing Business As (DBA) Mccartys Eaton country club Phone Number State ZIP CO 80615 Physical Address City 37661 County Road 39 Eaton The above wholesaler affirms that all alcohol beverages delivered to the above transferor retailer are: Paid in Full (only for the purposes of complying with section 44-3-303(1)(d), C.R.S.) Note: If Paid in full is selected, the wholesaler may no longer extend credit to the transferee or transferor until the local and state licensing authorities have approved the transfer of the liquor license. ❑ Not Paid in Full wholesalgr. ; (i } ) ) .r•,- ,11,1 4 ° r i, . .. fa✓.- t � t i '4�, �,I 11,it � (, t,,' ! ti 1 , Signatu = J ` IYYYYYY� Pt I Titl Date, �� 1 i { € ci Y , )1 .... DR 8004 (09/28/18) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303)205-2300 Wholesaler Affidavit of Compliance Section 44-3-303(1)(d), C.R.S. Wholesaler Licensee Name (If an LLC; partnership; corporation or name of corporation) License Number High Country Beverage Corp 23-68718-0003 Trade Name of Establishment/Doing Business As (DBA) High Country Beverage Corp Phone Number (970) 622-8444 State ZIP CO 80534 Physical Address City 4200 Ronald Reagan Blvd. Johnstown Email Address www.highcountrybeverage.com Transferor Retailer Licensee Name License Number RNR LLC 03-07255 Trade Name of Establishment/Doing Business As (DBA) Mccartys Eaton country club Phone Number State ZIP CO 80615 Physical Address City 37661 County Road 39 Eaton The above wholesaler affirms that all alcohol beverages delivered to the above transferor retailer are: x❑ Paid in Full (only for the purposes of complying with section 44-3-303(1)(d), C.R.S.) Note: If Paid in full is selected, the wholesaler may no longer extend credit to the transferee or transferor until the local and state licensing authorities have approved the transfer of the liquor license. ❑ Not Paid in Full Wholesaler: High Country Beverage Corp Signature Print Title Date //u-&� Nicholas Hale Accounts Receivable Lead 05/05/22 Wholesaler Affidavit of Compliance Section 12-47-303(1)(d), C.R.S. Wholesaler Licensee Name (If an LLC; partnership; corporation or name of corporation) License Number Beverage Distributors Company LLC 40-04782-0001-0004 Trade Name of Establishment/Doing Business As (DBA) Breakthru Beverage Colorado Phone Number 303-371-3421 Physical Address City 3980 Central Park Blvd Denver State ZIP CO 80238 Email Address JJJOHNSON@BREAKTHRUBEV.COM Tra fer`nt taile`r Licensee Name Licenpse Number ke Tra_dgMpmOe AEstabli hmenVDoing usinesCsAs DBA) cituyock p P one Numbeerr PhysicalAddress City �-LL \ a 3°f IGam, State ZIP C Colo E) The ove wholesaler affirms that all alcohol beverages delivered to the above transferor retailer are: id in Full (only for the purposes of complying with section 12-47-303(1)(d), C.R.S.) Note: If Paid in full is selected, the wholesaler may no longer extend credit to the transferee or transferor until the local and state licensing authorities have approved the transfer of the liquor license. El Not Paid in Full Wholesaler: Breakthru Beverage Colorado Signature Print Title Date \, j 1 n ,�1 ,hCk✓l Jaime J Johnson Credit Associate III '*-9/?' Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us, Colorado Secretary of State Date and Time: 12/14/2020 03:38 PM ID Number: 20208076274 Document number: 20208076274 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is ION LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company " "ltd. liability company " "limited liability co. " "ltd. liability co. " "limited" "lie. " 'tic ", or "ltd.". See ;?7-90-601. C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 37661 County Road 39 Mailing address (leave blank if same as street address) (Street number and name) Eaton (City) CO 80615 (State) (ZIP/Postal Code) United States (Province—ifapplicable) (Country) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Pros ince — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) Speck or (if an entity) (Last) Paul T (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Street address 37661 County Road 39 Mailing address (leave blank if same as street address) (Street number and name) Eaton (City) Co 80615 (State) (ZIP Code) (Street number and name or Post Office Box information) ARTORGLLC Page 1 of 3 Rev, 12/01/2012 Co (The following statement is adopted by marking the box.) X (City) (State) (ZIP Code; The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) Or Kostrewa Daniel (Last) (First) (Middle) (Suffix) (if an entity) (Caution: Do not provide both an individual and an entity name.) Mailing address 37661 County Road 39 (Street number and name or Post Office Box information) Eaton CO 80615 (City) (State) (ZIP/Postal Code) COLORADO United States (Province — if applicable) (Country) (If the folloiring statement applies, adopt the statement by nmarking the box and include an attachment.) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) none or more managers. Or X the members. 6. (The following statement is adopted by marking the box.) X There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are (mmldd /yyyy hour: minute ana,pm; Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R. S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORGLLC Page 2 of 3 Rev, 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered, 9. The true name and mailing address of the individual causing the document to be delivered for filing are Speck Paul (Last) (First) (Middle) (Suffix) 37661 County Road 39 (Street number and name or Post Office Box information) Eaton (city) (Province — if applicable) CO 80615 (State) (ZIP/Postal Code) United States (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty, While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORGLLC Page 3 of 3 Rev, 12/01/2012 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF TRADE NAME I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, a Statement of Trade Name for: McCartys Eaton (Entity ID # 20218037374 ) was filed in this office on 10/29/2021 with an effective date of 10/29/2021 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 05/27/2022 that have been posted, and by documents delivered to this office electronically through 06/01/2022 v 12:33:11 . 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 06/01/2022 a, 12:33:11 in accordance with applicable law. This certificate is assigned Confirmation Number 14062057 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is filly and immediately valid and effective. Hoirever, 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 Web site, http://iiior,so state,co,ns/bi_/Certicate.SecnrhC'riteriario entering the certificate's confirmation number displayed on the certificate, and folloiring 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 Web site, http:.%nnr.sos.state,co.ns. click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." 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 05/27/2022 that have been posted, and by documents delivered to this office electronically through 06/01/2022 @ 12:32:06 . 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 06/01/2022 ct 12:32:06 in accordance with applicable law. This certificate is assigned Confirmation Number 14062053 . Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fiilly 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 Web site, http:/innr.sos.state,co.us.bi:.Cert lcateSearchCriteria.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 Web site, http:-Y innr.sos.state.co.us.click "Businesses, trademarks, trade names- and.select "Frequently Asked Questions." OPERATING AGREEMENT of ION, LLC This Operating Agreement (the "Agreement") made and entered into this I day of K 0(4111, f r , 10 2 I (the "Execution Date"), BETWEEN: Paul Speck of 37661 County Road 72; Severance, CO 80615, and Daniel Kostrewa of 1376 Plains Court; Eaton, CO 80615 (individually the "Member" and collectively the "Members"). BACKGROUND: A. The Members wish to associate themselves as members of a limited liability company. B. The terms and conditions of this Agreement will govern the Members within the limited liability company. IN CONSIDERATION OF and as a condition of the Members entering into this Agreement and other valuable consideration, the receipt and sufficiency of which is acknowledged, the Members agree as follows: Formation 1. By this Agreement, the Members form a Limited Liability Company (the "Company") in accordance with the laws of the State of Colorado. The rights and obligations of the Members will be as stated in the Colorado Limited Liability Company Act (the "Act") except as otherwise provided in this agreement. Name 2. The name of the Company will be ION, LLC. Page 1 of 14 LLC Operating Agreement Page 2 of 14 Purpose 3. Full Service Restaurant and Bar. Term 4. The Company will continue until terminated as provided in this Agreement or may dissolve under conditions provided in the Act. Place of Business 5. The Principal Office of the Company will be located at 37661 WCR 39; Eaton, CO 80615 or such other place as the Members may from time to time designate. Capital Contributions 6. The following is a list of all Members and their Initial Contributions to the Company. Each of the Members agree to make their Initial Contributions to the Company in full, according to the following terms: Member Contribution Description Value of Contribution Paul Speck 0.00 $0.00 Daniel Kostrewa 0 $0.00 Allocation of Profits/Losses 7. Subject to the other provisions of this Agreement, the Net Profits or Losses, for both accounting and tax purposes, will be allocated between the Members in the following manner: LLC Operating Agreement Page 3 of 14 Member Profit/Loss Percentage Paul Speck 32.50% Daniel Kostrewa 67.50% 8. Distributions to Members will be made in the same fixed proportions as the allocation of Net Profits or Losses described above. 9. No Member will have priority over any other Member for the distribution of Net Profits or Losses. Nature of Interest 10. A Member's Interest in the Company will be considered personal property. Withdrawal of Contribution 11. No Member will withdraw any portion of their Capital Contribution without the unanimous consent of the other Members. Liability for Contribution 12. A Member's obligation to make their required Capital Contribution can only be compromised or released with the consent of all remaining Members or as otherwise provided in this Agreement. If a Member does not make the Capital Contribution when it is due, he is obligated at the option of any remaining Members to contribute cash equal to the agreed value of the Capital Contribution. This option is in addition to and not in lieu of any others rights, including the right to specific performance that the Company may have against the Member. Additional Contributions 13. Capital Contributions may be amended from time to time, according to the business needs of the Company. However, if additional capital is determined to be required and an individual Member is unwilling or unable to meet the additional contribution requirement within a reasonable period, the remaining Members may contribute in proportion to their existing Capital LLC Operating Agreement Page 4 of 14 Contributions to resolve the amount in default. In such case, the allocation of Net Profits or Losses and the distribution of assets on dissociation or dissolution will be adjusted accordingly. 14. Any advance of money to the Company by any Member in excess of the amounts provided for in this Agreement or subsequently agreed to, will be deemed a debt due from the Company rather than an increase in the Capital Contribution of the Member. This liability will be repaid with interest at such rates and times to be determined by a majority of the Members. This liability will not entitle the lending Member to any increased share of the Company's profits nor to a greater voting power. Repayment of such debts will have priority over any other payments to Members. Capital Accounts 15. An individual capital account (the "Capital Account") will be maintained for each Member and their Initial Contributions will be credited to this account. Any Additional Contributions made by any Member will be credited to that Member's individual Capital Account. Interest on Capital 16. No borrowing charge or loan interest will be due or payable to any Member on their agreed Capital Contribution inclusive of any agreed Additional Contributions. Management 17. Management of this Company is vested in the Members. Authority to Bind Company 18. Any Member has the authority to bind the Company in contract. Duty of Loyalty 19. While a person is a Member of the Company, and for a period of at least one year after that person ceases to be a Member, that person will not carry on, or participate in, a similar business to the business of the Company within any market regions that were established or contemplated by the Company before or during that person's tenure as Member. Duty to Devote Time 20. Each Member will devote such time and attention to the business of the Company as the majority of the Members will from time to time reasonably determine for the conduct of the Company's business. LLC Operating Agreement Page 5 of 14 Member Meetings 21 A meeting may be called by any Member providing that reasonable notice has been given to the other Members. 22. Regular meetings of the Members will be held annually. Voting 23. Each Member will be entitled to cast votes on any matter based upon the proportion of that Member's Capital Contributions in the Company. Admission of New Members 24. No new Members may be admitted into the Company. Voluntary Withdrawal of a Member 25. Any Member will have the right to voluntarily withdraw from the Company. Written notice of intention to withdraw must be served upon the remaining Members at least three months prior to withdrawal. 26. The voluntary withdrawal of a Member will have no effect upon the continuance of the Company. 27. It remains incumbent on the withdrawing Member to exercise this dissociation in good faith and to minimize any present or future harm done to the remaining Members as a result of the withdrawal. Involuntary Withdrawal of a Member 28. Events leading to the involuntary withdrawal of a Member from the Company will include but not be limited to: death of a Member; Member mental incapacity; Member disability preventing reasonable participation in the Company; Member incompetence; breach of fiduciary duties by a Member; criminal conviction of a Member; Operation of Law against a Member or a legal judgment against a Member that can reasonably be expected to bring the business or societal reputation of the Company into disrepute. Expulsion of a Member can also occur on application by the Company or another Member, where it has been judicially determined that the Member: has engaged in wrongful conduct that adversely and materially affected the Company's business; has willfully or persistently committed a material breach of this Agreement or of a duty owed to LLC Operating Agreement Page 6 of 14 the Company or to the other Members; or has engaged in conduct relating to the Company's business that makes it not reasonably practicable to carry on the business with the Member. 29. The involuntary withdrawal of a Member will have no effect upon the continuance of the Company. Dissociation of a Member 30. In the event of either a voluntary or involuntary withdrawal of a Member, if the remaining Members elect to purchase the interest of the withdrawing Member, the remaining Members will serve written notice of such election, including the purchase price and method and schedule of payment for the withdrawing Member's Interests, upon the withdrawing Member, their executor, administrator, trustee, committee or analogous fiduciary within a reasonable period after acquiring knowledge of the change in circumstance to the affected Member. The purchase amount of any buyout of a Member's Interests will be determined as set out in the Valuation of Interest section of this Agreement. 31. Valuation and distribution will be determined as described in the Valuation of Interest section of this Agreement. 32. The remaining Members retain the right to seek damages from a dissociated Member where the dissociation resulted from a malicious or criminal act by the dissociated Member or where the dissociated Member had breached their fiduciary duty to the Company or was in breach of this Agreement or had acted in a way that could reasonably be foreseen to bring harm or damage to the Company or to the reputation of the Company. 33. A dissociated Member will only have liability for Company obligations that were incurred during their time as a Member. On dissociation of a Member, the Company will prepare, file, serve, and publish all notices required by law to protect the dissociated Member from liability for future Company obligations. 34. Where the remaining Members have purchased the interest of a dissociated Member, the purchase amount will be paid in full, but without interest, within 90 days of the date of withdrawal. The Company will retain exclusive rights to use of the trade name and firm name and all related brand and model names of the Company. LLC Operating Agreement Page 7 of 14 Right of First Purchase 35. In the event that a Member's Interest in the Company is or will be sold, due to any reason, the remaining Members will have a right of first purchase of that Member's Interest. The value of that interest in the Company will be the lower of the value set out in the Valuation of Interest section of this Agreement and any third party offer that the Member wishes to accept. Assignment of Interest 36. In the event that a Member's interest in the company is transferred or assigned as the result of a court order or Operation of Law, the trustee in bankruptcy or other person acquiring that Member's Interests in the Company will only acquire that Member's economic rights and interests and will not acquire any other rights of that Member or be admitted as a Member of the Company or have the right to exercise any management or voting interests. Valuation of Interest 37. In the event of a dissociation or the dissolution of the Company, each Member will have an equal financial interest in the Company. 38. In the absence of a written agreement setting a value, the value of the Company will be based on the fair market value appraisal of all Company assets (less liabilities) determined in accordance with generally accepted accounting principles (GAAP). This appraisal will be conducted by an independent accounting firm agreed to by all Members. An appraiser will be appointed within a reasonable period of the date of withdrawal or dissolution. The results of the appraisal will be binding on all Members. The intent of this section is to ensure the survival of the Company despite the withdrawal of any individual Member. 39. No allowance will be made for goodwill, trade name, patents or other intangible assets, except where those assets have been reflected on the Company books immediately prior to valuation. Dissolution 40. The Company may be dissolved by a unanimous vote of the Members. The Company will also be dissolved on the occurrence of events specified in the Act. 41. Upon Dissolution of the Company and liquidation of Company property, and after payment of all selling costs and expenses, the liquidator will distribute the Company assets to the following groups according to the following order of priority: LLC Operating Agreement Page 8 of 14 a. in satisfaction of liabilities to creditors except Company obligations to current Members; b. in satisfaction of Company debt obligations to current Members; and then c. to the Members based on Member financial interest, as set out in the Valuation of Interest section of this Agreement. Records 42. The Company will at all times maintain accurate records of the following: a. Information regarding the status of the business and the financial condition of the Company. b. A copy of the Company federal, state, and local income taxes for each year, promptly after becoming available. c. Name and last known business, residential, or mailing address of each Member, as well as the date that person became a Member. d. A copy of this Agreement and any articles or certificate of formation, as well as all amendments, together with any executed copies of any written powers of attorney pursuant to which this Agreement, articles or certificate, and any amendments have been executed. e. The cash, property, and services contributed to the Company by each Member, along with a description and value, and any contributions that have been agreed to be made in the future. 43. Each Member has the right to demand, within a reasonable period of time, a copy of any of the above documents for any purpose reasonably related to their interest as a Member of the Company, at their expense. LLC Operating Agreement Page 9 of 14 Books of Account 44. Accurate and complete books of account of the transactions of the Company will be kept in accordance with generally accepted accounting principles (GAAP) and at all reasonable times will be available and open to inspection and examination by any Member. The books and records of the Company will reflect all the Company's transactions and will be appropriate and adequate for the business conducted by the Company. Banking and Company Funds 45. The funds of the Company will be placed in such investments and banking accounts as will be designated by the Members. All withdrawals from these accounts will be made by the duly authorized agent or agents of the Company as appointed by unanimous consent of the Members. Company funds will be held in the name of the Company and will not be commingled with those of any other person or entity. Audit 46. Any of the Members will have the right to request an audit of the Company books. The cost of the audit will be borne by the Company. The audit will be performed by an accounting firm acceptable to all the Members. Not more than one (1) audit will be required by any or all of the Members for any fiscal year. Fiscal Year End 47. The fiscal year end of the Company is the 31st day of December. Tax Treatment 48. This Company is intended to be treated as a partnership, for the purposes of Federal and State Income Tax. Tax Elections 49. The Company will elect out of the application of Chapter 63 Subchapter C of the Internal Revenue Code of 1986, in each taxable year in which it is eligible to do so in accordance with Section 6221(b), by making that election in a timely filed return for such taxable year disclosing the name and taxpayer identification number of each Member. LLC Operating Agreement Page 10 of 14 Annual Report 50. As soon as practicable after the close of each fiscal year, the Company will furnish to each Member an annual report showing a full and complete account of the condition of the Company including all information as will be necessary for the preparation of each Member's income or other tax returns. This report will consist of at least: a. A copy of the Company's federal income tax returns for that fiscal year. b. Income statement. c. Balance sheet. Goodwill 51. The goodwill of the Company will be assessed at an amount to be determined by appraisal using generally accepted accounting principles (GAAP). Governing Law 52. The Members submit to the jurisdiction of the courts of the State of Colorado for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. Force Majeure 53. A Member will be free of liability to the Company where the Member is prevented from executing their obligations under this Agreement in whole or in part due to force majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Member has communicated the circumstance of the event to any and all other Members and where the Member has taken any and all appropriate action to satisfy his duties and obligations to the Company and to mitigate the effects of the event. Forbidden Acts 54. No Member may do any act in contravention of this Agreement. 55. No Member may permit, intentionally or unintentionally, the assignment of express, implied or apparent authority to a third party that is not a Member of the Company. LLC Operating Agreement Page 11 of 14 56. No Member may do any act that would make it impossible to cany on the ordinary business of the Company. 57. No Member will have the right or authority to bind or obligate the Company to any extent with regard to any matter outside the intended purpose of the Company. 58. No Member may confess a judgment against the Company. 59. Any violation of the above forbidden acts will be deemed an Involuntary Withdrawal and may be treated accordingly by the remaining Members. Indemnification 60. All Members will be indemnified and held harmless by the Company from and against any and all claims of any nature, whatsoever, arising out of a Member's participation in Company affairs. A Member will not be entitled to indemnification under this section for liability arising out of gross negligence or willful misconduct of the Member or the breach by the Member of any provisions of this Agreement. Liability 61. A Member or any employee will not be liable to the Company or to any other Member for any mistake or error in judgment or for any act or omission believed in good faith to be within the scope of authority conferred or implied by this Agreement or the Company. The Member or employee will be liable only for any and all acts and omissions involving intentional wrongdoing. Liability Insurance 62. The Company may acquire insurance on behalf of any Member, employee, agent or other person engaged in the business interest of the Company against any liability asserted against them or incurred by them while acting in good faith on behalf of the Company. Life Insurance 63. The Company will have the right to acquire life insurance on the lives of any or all of the Members, whenever it is deemed necessary by the Company. Each Member will cooperate fully with the Company in obtaining any such policies of life insurance. LLC Operating Agreement Page 12 of 14 Actions Requiring Unanimous Consent 64. The following actions will require the unanimous consent of all Members: a. Incurring Company liabilities over $5,000.00. b. Incurring a single transaction expense over $5,000.00. c. Endangering the ownership or possession of Company property including selling, transferring or loaning any Company property or using any Company property as collateral for a loan. d. Releasing any Company claim except for payment in full. Amendment of this Agreement 65. No amendment or modification of this Agreement will be valid or effective unless in writing and signed by all Members. Title to Company Property 66. Title to all Company property will remain in the name of the Company. No Member or group of Members will have any ownership interest in Company property in whole or in part. Miscellaneous 67. Time is of the essence in this Agreement. 68. This Agreement may be executed in counterparts. 69. Headings are inserted for the convenience of the Members only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in a neutral gender include the masculine gender and the feminine gender and vice versa. 70. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Members' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will LLC Operating Agreement Page 13 of 14 in no way be affected, impaired or invalidated as a result. 71. This Agreement contains the entire agreement between the Members. All negotiations and understandings have been included in this Agreement. Statements or representations that may have been made by any Member during the negotiation stages of this Agreement, may in some way be inconsistent with this final written Agreement. All such statements have no force or effect in respect to this Agreement. Only the written terms of this Agreement will bind the Members. 72. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon each Member's successors, assigns, executors, administrators, beneficiaries, and representatives. 73. Any notices or delivery required here will be deemed completed when hand -delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the Members at the addresses contained in this Agreement or as the Members may later designate in writing. 74. All of the rights, remedies and benefits provided by this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law. Definitions 75. For the purpose of this Agreement, the following terms are defined as follows: a. "Additional Contribution" means Capital Contributions, other than Initial Contributions, made by Members to the Company. b. "Capital Contribution" means the total amount of cash, property, or services contributed to the Company by any one Member. c. "Distributions" means a payment of Company profits to the Members. d. "Initial Contribution" means the initial Capital Contributions made by any Member to acquire an interest in the Company. LLC Operating Agreement Page 14 of 14 e. "Member's Interests" means the Member's collective rights, including but not limited to, the Member's right to share in profits, Member's right to a share of Company assets on dissolution of the Company, Member's voting rights, and Member's rights to participate in the management of the Company. f. "Net Profits or Losses" means the net profits or losses of the Company as determined by generally accepted accounting principles (GAAP). g• "Operation of Law" means rights or duties that are cast upon a party by the law, without any act or agreement on the part of the individual, including, but not limited to, an assignment for the benefit of creditors, a divorce, or a bankruptcy. h. "Principal Office" means the office whether inside or outside the State of Colorado where the executive or management of the Company maintain their primary office. i. "Voting Members" means the Members who belong to a membership class that has voting power. Where there is only one class of Members, then those Members constitute the Voting Members. IN WITNESS WHEREOF the Members have duly affixed their signatures under hand and seal on this Z day of NOYt,N ,,, , 2221 • SIGNED, SEALED, AND DELIVERED in the presence of: Witness: 9crmx/'is'(Sign) Witness Name: }�, tgw" 9 SIGNED, SEALED, AND DELIVERED in the presence of: Witness: _p (Sign) Witness Name: Pa,, I SPecK Paul Speck (Member) Daniel Kostrewa (Member) ©2002-2021 LawDepot.com® G©°N TiQ k EATON COUNTRY CLUB z O �' w PO Box 240 • Eaton, CO 80615 ~�Phone 970-454-2106 6. Fax 970-454-3095 ..4•101. www.eatoncountryclub.com Master Service Agreement Renewal This RENEWAL AGREEMENT made and entered into the day and year set forth below by and between THE EATON COUNTRY CLUB, a non-profit corporation, hereinafter referred to as the "Club" or ECC and RnR, LLC., hereinafter referred to as the "Service Provider". All other applicable terms, agreements and obligations as stated in the original agreement continue in this signed renewal agreement. In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Contract Period: This renewal agreement shall commence at the close of business Sunday September 30, 2018 and will continue in full force and effect beginning October 1, 2018 for a period of four (4) years until September 30, 2022, unless sooner terminated as herein provided (terms in original agreement). Ninety (90) days prior to contract expiration (June 30, 2022), the Club and the Service Provider will agree in writing to: a. Extend the existing contract up to an additional Five (5) years b. Amend the existing contract and terms as defined by the two parties c. Agree to terminate the contract at expiration on September 30, 2022. If this option is elected, it will be the responsibility of the Club and Service Provider to implement a transitional plan in relation to termination of the agreement so that the Statement of Work/Services defined in Exhibit "A" is not interrupted for the membership of the club. 2. Renewal Terms: a. RnR LLC agrees to employ a Full Time R&B Manager and an Assistant R&B Manager and will have, at a minimum, one of the two on site at all time the R&B is open to the membership and public. b. Expense Agreement: RnR LLC agrees to assume the following responsibilities and monthly expenses. i. Monthly Rent: Rent will be a flat rate for the first two (2) years of the renewal agreement and will then increase by 3% in year three (3) and an additional 3% in year four (4) as defined below: 1. October 2018 — September 2020: $3,687.50 per month equal to $44,250.00 annually 2. October 2020 — September 2021: $3,798.13 per month equal to $45,577.50 annually 3. October 2021 - September 2022: 4,083.75 per month equal to $49,004.83 annually Page 1 of 2 Eaton Country Club Kyle Merritt — Director of Operations ii. Grease Trap Cleaning and Disposal — Kyle and Billy will meet with the grease disposal company and agree upon a maintenance schedule and RnR LLC will assume the expenses necessary to meet this agreed upon schedule. Changes or alterations to the agreed upon scheduled need to be documented and agreed on by both parties prior to changes being made through the term of this renewal. iii. Janitorial Supplies — RnR LLC will assume the responsibility for procurement and expense of all janitorial supplies for the Club through the term of this renewal. iv. Television Service — RnR LLC will assume the responsibility and expense of providing DISH, or equivalent, television service to the full R&B, Patio and Pro Shop through the term of this renewal 3. Open Item — to be determined and documented no later than March 1, 2019: RnR LLC and The Club will work together to ensure a reliable, efficient "course cart" is available for use by RnR LLC to provide the required on course service standards deemed necessary by The Club. Current options include; investment of repairs on existing cart, acquiring and repairing a potentially available cart from another facility or, the lease of a new cart. RnR LLC has agreed to either reimburse The Club for acquisition and/or repair cost required for option one or two or, agrees to pay no more than $175.00 per month towards the lease of a new course cart. An agreement to proceed will be reached and documented by no later than March 1, 2019 by both parties. Signatures if) ( Rnft, LLC. Bill Ramaglia Eaton Country Club Kent Pendley — President Board of Directors DateVLY4 Date Page 2 of 2 REAL ESTATE LEASE AND RESTAURANT AND BAR OPERATIONS AGGREEMENT This Lease and Agreement (this "Lease") is dated I — 1 r 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 the 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. "Real 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 -day 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 rights of the parties under this Lease are cumulative, and shall not be construed as exclusive unless otherwise required by law. NON -SUFFICIENT FUNDS. Tenant 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 construction 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 matter 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, 3% b1 WCR 3 Q0, Lox 21-10 OIof"2O LANDLORD: Eaton Country Cl b By: Date: O/3%Z TENANT: RnR, L By: Date: ( 3-2-02 9 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: //`'7`,j-/ Date: Eaton Country Club Randy Miller, President, Board of Directors Date: I I / I /z i Eaton Country Club Chris Williamson, PGA ION, LLC. Daniel Kostrewa CD BO R Fr 0 en Recorded e �. m., _. AUG_101968 1 01988 Reception No 1493;_6....._. Q ANN SPOMMR rx I THis DEED, Made this 10th day of August in the year of our Lord one thousand nine hundred and s ixty-S iX 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 and State of Colorado, of the second part: WIFNESSETH, That the said part of the first part, for and in consideration of the sum of other valuable considerations and one thousand County of We 1 d 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 hereby confessed and acknowledged, ha S granted, bargained, sold and cone and_baythese presents do $a grant, bargain, sell, convey and confirm unto the said parties of the second pare tiliSliWin assigns forever, qk all the following described lot or parcel of land, situate, lying and being -in the County of Weld and State of CoIorado,XM; and in districts as of record, being all that 124.6 -acres more or less o€ the North Half (NV) of Section Thirty (30), Township Seven (7)North',''. 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;' t n9e-.running West on the North line of said Section, 1375 feet to th`'&enter of the For Far Lateral as said lateral is now con- stAiote U -over and across said land; thence along the center line .of aii-lateral as follows (by true bearings variation 14030' E.); tet'ie s'. 27000' West 253 feet; thence S. 13°20' W. 200 feet.;.thende S. 11.O35•' W._180 feet; thence S. 22°40' W. 143 feet; thenceS42 202!„ WA:61`'feet; thence S. 26°55' W. 222 feet; thence S. 23°25' W. 210 feet; thence S. 29030' W. 157 feet; thence S. 24° 30' W. 198 feet; thence S. 14015' W. 156 feet; thence S. 26° 15' W. 112 feet;thence S.t9o30' 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; thenceaS. 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 foot. 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 tsr:e((3)). shares of For Far Lateral Company, 100 Icre 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 a11 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) AUG 10'66 PD :UHlTit? STATES :INTERNAL REVENUE= -DOCUMENTARY---Z-CI! METER: IC22I _ 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 hereditamente and appurtenances. No. 768. WARRANTY DHED--le p ¢er—Bradford-Robinson Printing Company. 182446 Stout Street, Denver. Colorado el O -i'✓ ✓�. -� po 5'72 1493961 TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the. said parties of the second part, their heirs and assigns forever. And the said partY of the first part, for — him gel f - Ms heirs, executors, 3Rd., es tors, do as covenant, grant, bargain and agree to and with the said parties of the second part, the is anf assigns, that at the time of the ensealing and delivery of these presents, he is well seized 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, 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 clear from all former and other grants, bargains, sales, liens, taxes, assessments and ineumbrances of whatever kind or nature, eoever; subject to: _ taxes of,lg66 payable in 1967, mortgage of record to secure Fede 0l Land Bank of Wichita, a deed of trust of record to secure the Fakmers National Bank of Ault, Colorado, rights of way for public' -roads and pipe lines of record, existing ditches, and reservoirs a ieb6rne or 1966 due in 1967, and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs andassigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part of the first part shall and will WARRANT AND FOREVER DEFEND. - - IN S WHEREOF, the said party of the first part ha S hereunto set his hand and seal - day and year first above written. Signed, Sealed and Delivered in the Presence of a STATE OF COLORADO, County of ,,,9.,r_2 �r *�'�•� ti' d(j'oing instrument was acknowledged before me this i O a day of August ab'',Merle L. Campbell ka ;. lti[ c&i ion expires .T ,19 I. 7 . Witness my hand and official seaL •;.,tit �, r tio . [SEAL] [SEAL] [SEAL] T14rrit Be. Notary Public. *If by natural person or parsons here insert name or names; if by persons acting In representative or official capacity or as attorne -in-fact. then insert name of person-asexecutor. attorney a -fad or other capacity or description; if by officer of corporation. then 'insert name of such officer or officers. la the President or other officers of such corporation. naming it. pa 0 cra c.) O CO f 4 `Q f b0 to ea q v s o Q Etg . .2 m as 41O7798 O5/18/2O15 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; Steven Ray Armknecht and Rhonda Jean Armknecht 37615 County Road 39 Eaton, CO 80615 File Number. 5524-2401141 :414fab: WARRANTY DEED First 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 Arrnknecht and Rhonda Jean Armknecht whose legal address is 37615 County Road 39, Eaton, CO 80615 of the County of Wed 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 acknowledged, 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 €orever, not in tenancy in common but in joint tenancy, all the real property, together with Improvements, If any, situate, tying and being In the County of Weld, State of Colorado, described as follows; Lot B of Recorded Exemption No. 0709 -30 -1 -RE 1730, 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, Township 7 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as; 37615 County Road 39, Eaton, CO 80615 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and the reversion and remainders, rents, issues and profits thereof; and aft 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 sad premises above bargained and described, with the appurtenances, unto the 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 heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized or 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. The 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 all genders. Doc Fee: $30.00 4107798 05/18/2015 08:41 AM Page 2 of 2 IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. State of d a County of yI e#d LLy Ii[r The foregoing instrument was acknowledged to before me this Thirtieth day of April, 2015 by Lester A. Ewegen, Witness my hand and official seal, My commission expires: — ASHLEY N. rAHL NOTARY PUBLIC. STATE OF C04.ORAO0 NOTARY a8i0RPDV � PAESA� 6T ?9 261T' M1I COMI�Fi Public 4150330 10,15/2015 10.28 AM Total Pages. 6 Rec Fee: $36.00 Carly Koppel - Clerk and Recorder, Weld County, CO RECORDATION REQUESTED BY: Bank of Colorado Eaton 55 South Elm Avenue Eaton, CO 80615 WHEN RECORDED MAIL TO: Bank of Colorado Eaton bb South Elm Avenue Eaton, CO 80615 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. 1 he Lien of this Vaud of I rust shalll not exceed at any one time 5100.000.00 except as a llrnv ad drier appiir.anin Colorado la>•.'. - THIS DEED OF TRUST is dated October 9, 2015, among Steven Flay Armknecht, whose address Is 37615 CR 39, Eaton, CO 80615 and Rhonda Jean Armknecht, whose address is 37615 CR 39. Eaton, CO 80615 ("Grantor"I: Bank of Colorado, whose 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 irrevocably grams, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of ;ranter'._ right. Ttle, anti interest in and t:: the following described real property, together with a i existing or eehseauently erectu:f or affixed puddings improvements and f fixtures, ail easements, 'icons ni way and appurtenances; Or! '.vatar •.vary• rghts and r'It.ar ,ighls )including stork n Ufilit.us with ditch or irhgutior rights); and all other rights, 'oyalties, and profits -elating to the real property, including ✓rrino.,t lint tation all minera a oil, gas. geothermal and s,mrlar matters, (the 'Real Property") located in Weld County, State of Colorado: Lai B of Recorded Exemption No. 0709.30.1 -RE 1780, a per the map recorded October 26, 199b In Book 1516 at Reception No. 2461100, being a part of the East half of the Northeast quarter (E112NE1/4) of Section 30, Township 7 North, Range 65 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, CD 80615. REVOLVING LINE OF CREDIT, This Deed of Trust secures the Indebtedness including, without limitation. a revolving line of credit, which obligates Lender to make advances 10 Grantor so tong as Granter eornpties with ell 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 at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement. any temporary overages. other charges. end any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided In the Creek Agreement- It Is the Intention of Grantor end Lender that the Dead of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance, Grantor presently assigns to Lender Isis° known as Beneficiary in tins Deed or Trust) all of Grantor's right, title, and interest in and to all present and tonne. leases of the Property and all Gents 'Torn the Property. In adnition, Cirarnt:or grants to lender a Uniform f ommerciel Code security interest in the Personal Property and Hems THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN IRE RENTS AND PERSONAL PROPERTY, 19 GIVEN TO SECURE ;At PAYMENT Of THE INDEBTEDNESS AND {F11 PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Eei:irht as otherodes prnviried in this Deed of Trust, Grantor snail pay to Lender all amounts secured Ire. !'ifs Deed of Tr -L:51 no trey oecome duct, and she strictly end n n timely runner pr.rforrn all ul Grantor's util lgnriu ns under Ihn Credit Agreement. thus teed Ct (rust, end the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grnntor agrees that Grantor's possession and use of the Property shell be g overnec by the following provisions: Possession and rise- Unl.il the occurrence of aft Event of Default, Grantor may 111 reina.n in possession and control o' the Property; (21 use, operate or menage the Property: end 131 collect tic Rents from the Property, Duty to Maintain. Grantor shall maintain the Pope^.v in good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value Compliance With Environmental Laws. Grants' represents and warrants to Lender that: 111 During the period of Grantor's ownership of the Property, there hes been re use, generation, manufacture, storage, treatment, disposal, release of threatened re+Ease of any Hacardous Substance by any pe-snn on, under, about or `rpm the Property, 121 Grantor has nc knowladae of, of Eaton, CO 80615 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lier o• Chit Lteed of Trust shall not r,xcced at am ore t' .e 510:-,0"%0 Ht, 0x:c--pt 3s 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 Jean Armknecht, whose address is 37615 CR 39, Eaton, CO 80615 ("Grantor' I; Bank of Colorado, whose 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 es "Trustee"). CONVEYANCE AND GRANT. For valuable consideration. Grantor hereby Urevncahly grains, transfers and assigns to Trustee for the benefit of Lender es Beneficiary all of Grantor's right, title, and interest °r and to the following described reel property, together 'with all existing or subsequently erected cc affixed Pura ngs, improvements and fixtures: all easements, rights el way, and appurtenances; all water. water nghis end llitr:hl rights (including stec lr n nititiea with ditch nr ,rrigntini' rights:: and 711 other relht5, royalties. and profile relating to the reel property, including witho,,t limitation ell miner -as c=I. gee. geothermal and similar matters, (the "Real Property") located in Weld County, State at Colorado: Lot B of Recorded Exemption No. 0709 -30 -1 -RE 1760, a per the map recorded October 26, 1995 in Book 1516 at Reception No. 2461100. being a part of the East half at the Northeast quarter (Elf2NE1/4) of Section 30, Township 7 North, Range 65 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. This Deed of Trust secures the Indebtedness including, without limitation, a revolving fins of credit, which obligates Lender to make advances lo Grantor se long as Grantor complies with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from lime to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance Charges on such balance at a fixed or variable rate or sum es provided in the Credit Agreement, any temporary overages, ether charges, and any amounts expanded or advanced es provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided In the Credit Agreement. It Is the intention of Grantor and Lender that this Dead of Treat secures the balance outstanding under the Credit Agreement 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 €n this Deed of Trust) r;rl 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. Oranrrr giants rn Inca -lei a Ikrfurr.r Commercial Code security interact in the Personal Property end Rents, THIS DEED 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 INDEBTEDNESS AND I81 PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS. AND THIS DEED or TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise prcvidec in this beet) o' 'Jet. Grantor sea pay to I ender all amounts sn:uree by this Deed et Trust as they Become due, and shad 9V+ct'a and un e timely meree r perform .i'I c'1 t','3r,t,r'a onliget'i u:s ,rn'lir The Credit Agreement, tots Dead of !rust, and the Heated dooumehts. POSSESSION AND MAINTENANCE OF THE PNOK.F1TY. Grantor agrees that :Jrantcr's possession and urn of the Property shall be governed ey the folouirg provisions: Possession end Use. Until the uccurrem;e of an Fvent of Default, Cron ter may Ili remain m pnssnssinn and control nt the Property, (2) use, operate or manage tee Procerty; and 1'l collect the, dents from the, t'rope'ty. Duty to Maintain. Grantor shall maintain the Property in good cerdrtior• and eremptly perform all repairs, replacements. and main?enanr.r. necessary in preserve its value Compliance With Environmental LawsC,rent'}r represents and W:r'a'rts to . rreier that 1;! Cuing the period of Cirantir's ownership of the Property, there has berm no use, deneratien mnruia_:t.irr, storage., treatment, aisposel, release or threatened release of any Hazardous Substance by any person or. wider, about o' 'rout the Property: (2; Granter has no knowledge :,f. or reason to believe that there has beer, except as previously disclosed to and acknowledged by terder in writing, la) any breach or violation of any Environmental (.awe, ibl any use, generetior, marufacture, storage, treatment, disposal, re vase Or threatened release of any Hazardous Substance or, under, about or tram the Property by any prior owners or occupants of the Properly, or lc) any actual or threatened litigation or claims of any lord by any person relating to such matters: and 131 Except as previously disclosed to and acknowledged by Lender in writing, lel neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use. generate.. manuferture, storefree!, clispnse of or release arty Hazardous Substance an, under, about or from the Property; and lbl arty such activity shall be conducted in compliance with all applicable federal, state, and local laws, regwatlnns end ordinances. Including without limitation all Environmental Laws. Grantor authorizes Lender arc its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, es Larder may deem approprate to determine compliance Of are Property with this section of the Dead of trust. Any inspections fir tears made by tender shat' he tar Larder's purposes any and shall not be construed to curtain any 'spuntfbility nr linhility nn the part of I aorta to Cirancor or vi any other person. The representations and warrant,es ccnloinrd herein are based on Grantor's due diligence in Investigating the Property for Hazardous S=ubstances. 3raetcr heresy 1' i releases are Waives any future cla ma agars; Lender for indemeey or contribution in the event Grentn' h :nmaa Ilaltle fin r. eann,l, ,,r' urt•rr costs wrier any suit', laws. and '2- agrees to rr'denrrify defend, and hold harmless Lender sgenet env end all claim°, oases. lualaites. damages, penalties. end expenses which Larder may directly or indirectly Suttaln or S..iffer mauling from a breach of the Section et the Coed of "rust or as a consequence cf any C=mail - 12929-12: 29-12: 3761 County Road 39. Eaton. CO 80615: TIBD TE3D: Your Title Corn... Page 1 of 3 i Steve Armknecht <roilinstoneautol@gmail.com> 1292942: 37615 County Road 39, Eaton, CO 80615: TBD TBD: Your Title Commitment is Ready 3 messages Cynthia Lepthien <Cynthia Lepthien@stewartcom> Reply-Toi Cynthia. Lepthien@stewart corn To Steven Armknecht nstoneautol@g,mail.com> Real Estate Closing Journey Thu, Jun 17, 2021 at 9:37 AM Your title commitment/preliminary report is ready. The title commitmentfpreliminary 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, p ease do not nesilate to contact your Stewart Title team. Following is the contact information for your escrow team and file number File No. 1292942 Escrow Officer Escrow Assistant phone fax phone fax ltttps::'mail googgle.comhmail/u'0:1.166wp39021mtiI:'.&th=1731adfah7c25570&ser=AIKc .. 6/17!2021 Gmail - 1292942: 376] 5 County Road 39. Eaton. CO 80615: 1'BD TBD: Your Title Corn.,. Pale 2 of 3 Thank you for choosing Stewart Title Company. we lock forward to working with you throughout your transactior Your closing explained: What happens when Want to got a better understanding of the transaction process from baglnning to er 7? To act Inforrinatlon about each phase of the escrow prcxess .................... View Tore resources on the title and escrow process including a real estate glossary, title insurance information and more. Cynthia Lepthien Cynthia.Lepthie,@stewart.com Title Examiner II Stewart Tine Company This email message is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorizee review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email ana destroy all copies of the original message "Be awarel Online banking fraud is on the rise. If you receive an email contain,ng WIRE TRANSFER INSTRUCTIONS call your escrow officer immediately, at a KNOWN NUMBER, to verify the information prior to sending funds.* ri Combined Commitment_2.pdf 385K Steve Armknecht <rollinstoneautol@gmail.com> Thu. Jun 17, 2021 at 10.41 AM To Cynthia Lepthien@stewart corn Cynthia, Thank you for taking care of this. I really appreciate you getting this done for me Steve [aoied .exi hidden. Cynthia Lepthien <Cynthia Lepthien@stewart.com> Thu, Jun 17, 2021 at 10:48 AM 1rir s i'mail.gooLlc.cum. niailiur0 h 166\1pi9021myl "'&th-1 731 adfab7c25370&sersA1Kc... 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@amail.com> Ycu're welcome! Cynthia Lepthien Title Examiner II Stewart Title Company/SEFS O (303) 780-4067 cynthia.lepthien@stewart corn NYSE:STC c Ied text 'Adel .google.comlmailltill)h. 166 wpi90?]►ttyl'"?&Ith-1771adf ll7c.25571)&ser—.AiKe... 6/17/202] lit Stewart Date: June 17: 2021 File Number: '292942 Property Address: 3/615 County Road 39, Eaton, CO 80615 37661 County Road 39, Eaton, CO 80615 Buyer)Borrower: BD TBD Please direct all Title inquiries to: Kaye Gallegos Phone: (303) 331-0333 Fax: Email Address: kaye gallegosp,stewart.com TBD 73D Delivery Method: Ema.led Steven Ray Armknecht Rhonda Jean Armknecht i a:on Country Club Delivery Method: Ema led King Surveyors 650 E. Garden Dr Windsor, CO 80550 Stewart Title Company 55 Madison Street; Suite 400 Denver. CO 80206 Attn: Chris DePaulis Phone; (970) 686-5011 Fax; E -Mail: chrisd@kingsurveyors corn 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 ALTAI' Registry ID. Loan ID Number Commitment Numoer: Issuing Office File Number: Froperty Address 1292942 1292942 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 TBC (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 Corporat on as to PARCEL A Steven Ray Armknecht and Rhonda Jean Armknecht as to PARCEL B 5. The Land is described as follows: See Exhibi:'A.' Attached Hereto STATEMENT OF CHARGES Teiese charges are due and payable before a policy can be issued: This page is only a pad of a 2G16 , LTA• Comm,tmont for Irtfe insurance ,The Commitment is lief ✓afrd witnoul the Notice, the Canrrutment to issue Penny, the Commitment Conditions: Schedule A: Schedule B. Fart f - Requirements. and .Schedule B. Part 11 -Exceptions, and a countersignature Cy the Company or its issuing agent that way be in ei=.ctrcnlc form. Copyright 2006.2016 American Land Title Association. All rights reserved. The use of this Torm (or any dervative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. Al other uses are prohibited. Reprinted under license fmm the American Land T tie Associat..on. File No.: 1292942 AL -A Cununilrnent Fur Title Insurance d -t -lb (4-2-181 Page 1 of 7 \M1I-'iii PN La <n T1 rl.r. �r_t�C 3.9SIirh ALTA COMMITMENT FOR TITLE INSURANCE EXHIBIT "A" LEGAL DESCRIPTION ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 1292942 PARCEL A: The North 112 of Section 30, Township 7 North, Range 65 West of the 6th P.M County of Weld, Stale of Colorado, lying East of For Far Lateral, being more part'cularly described as follows. Beginning at the Northeast corner 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 2/-00' West 253 feet thence South 13'20' West 200 feet thence South 1 1 '35' West 180 feet, thence South 22'40' West 143 feet. thence South 2825' 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°3G' West 198 feet: thence South 1415' 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°' 0' 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 114 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 conveyed in Warranty Deed recorded March 7, 1983 in Book 990 as Reception No 1P:19468 and ALSO EXCEPTING THEREFROM that part conveyed in Warranty Deed recorded December 22, 1992 in Book 1363 as Reception No_ 2315650 COUNTY OF WELD, STATE OF COLORADO. PARCEL B Lot B, RECORDED EXEMPTION NO 0709-30-1 RECX16-0064, Situated in the Northeast Quarter of Section 30, Township 7 Ncrth, Range 65 West of the 6th P.M. Tots page is only a part of a 2016 ALTA' Commitment for True tnsurarco. This Commitment is not vaWd without the Notice; the Commitment to Issue Policy the Commitment Conditions Schedule rY Schedule 8. Part 1 - Requirements and Schedule 2, Part 1'-Fxreptiorrs_ and a countersignature by the Company or its issu,ng agent that may be ;n electronic fora Copyright 2056-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thcrcot) is restricted to ALTA licensees and ALTA members in good standing as of the dale of use. All other uses are proh bited 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 n41, ill IL 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 201.6 ALTA' Commitment for Title insurance. This Gomrrrrtment is not valid without the No;ice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A. Schedule B. Par 1 - Requirements, and Schedule 8, Part tt -Exceptions. atm a countersignature by the Compar, y or us issuing agent that may be in electronic torn. Copyright 2006-201G American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALIA A licensees and ALTA members in good standing es of the dale of Lse. All other uses are prohibiter Reprinted under license `corn the American Land Title Association. File No.: 1292942 ALTA Commitment For Title Insurance 8-1-16 (4-2-181 Parse 3 of 7 rnrCAH A :1, 1Ii I.F. ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART ISSUED EY 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 olherNise insure any condition, fact or circumstance. This product does not obligate this Company to issue any policies of title insurance for 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 part of a 2016 ALTA" Commitment for Me Insurance Thr; Commitment is not valid w.'ihout the Notice; the Commitment to Issue Policy: the Commitment Conditions: Schedule A Schedule B. Part I - Requirements: and Schedule B, Part I!-Fareptionns. and a countersignature by the Company or its issuing agent that may be in electronic four. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restric:ed to AL I A licensees and ALTA members in good standing as of the date of use All other uses are prohib led. Reprinted under license from the Arnelican Land Title Association Fie No.. 7292942 ALTA Commitment For Title Insurance 8.1-1fi (4-2-1s) Page 4 Of 7 ,5 At k-I-.fC.1n IA f5 TITIr 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 EASED 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: 1. Any defect, lien, encumbrance adverse claim, or other matter !hat 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 2. Rights or claims of parties in possession, not shown by the public records Easements, or claims of easements. not shown by the public records_ 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 cy law and not shown by the puhlic 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 w.th 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 estab.ished by Board of County Ccmmissioners Weld County recorded October 14, 1889 in Book 86 at Page 273 (PARCEL A and PARCELS) 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 Th s page soonly a part of a 2016 ALTA' Commrtmenl` fcr Tide Insurance !his Commitment is not conic without the Notice. the Commitment to Issue Policy, the Commit/vont Conurucns: Scnedule A: Schedule B Pan I - Requirements: and Schedule A, Part /; -Fxcepfons and a countersignature by the Company or its issuing agent that may be rn eiecirorrc tear Copyright 2006.2016 American Land Title Association. All rights reserved. The use Of this Form (or any derivative thereof) rs restr clad 10 ALTA ilcensees and ALTA members in goon standing as a' the care of use. Al other uses are prohibited Reprnted under license Nom tie American Land Title Association. File No.: 1292942 A_TA Commilrnettt For Tille Insurance S-1-16 (4-2-1$) Page 5 of 7 ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 3 14 October 11. 1912 in Book 333 at Page 56 and in Patent recorded May 17, 1895 in Bock 34 at Page 385. (PARCEL A and PARCEL 8) Agreement recorded August 19 1915 in Book 416 at Page 493. (PARCEL A and PARCEL B) Easement Agreement recorded May 17, 1956 as Reception No 1230776. (PARCEL A and PARCEL B) 5 Reservat on cf 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) 15 Oil and Gas Lease and all assignments thereof and interests therein recorded July 8, 1983 in Book 1041 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 Bt 19. All matters shown on the plat of Eaton Ccuntry Club Village First Annexation Plat recorded January 21, 1986 as Reception No. 2039965. (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 n Bock 1497 at Page 810 as Reception No. 2443420. (PARCEL A and PARCEL Bt 23. Segregation Agreement recorded February 15. 200O 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 Nc. 2811620. (PARCEL A and PARCEL B) 25. Agreement recorded September 18, 2001 as Recept:on 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. 4406436. (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 No. 1893603. (PARCEL A and PARCEL B) This pogo is only a part of a 2076 ALTA, Comm)trnent for Idle Insurance. this Commitments not valid wIhout the Notice the Commitmer,t to issue Policy. the Gcmn,cment Conddrons Schedule Schedule E. Par- i - Requ rements. and Schedule B. Part Il -Except-ans.' ano a countersrgnature oy ttie Company or its Issc,mo agent that may he +n efeCrror'i_ Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Farm tor any derivative thereof) is restricted tc ALTA licensees anc ALTA members in good standing as of the dare cruse. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 1292942 ALIA A Commitment f or Idle Insurance h-? -' 6 I4-2-18 Page 6 of 7 .yii 'i .AN ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE 8 PART II ISSUED BY STEWART TITLE GUARANTY COMPANY 31. All matters shcwn on Recorded Exemption No. 0759-30-1-RE1780 recorded October 26, 1995 as Reception No. 2461100. (PARCEL B) 32. All matters shown on the plat of Recorded Exemption No 0709-30-1 RECX1S-0064 recorded October 12, 2016 as Reception No. 4244575. (PARCEL 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) Tnis page is only a part of a 2015 ALTA' Commitment for Title lrsurarco Teas Commitment is not valid without the Notice' the Commitment to Issue Pofcy. the Commitment Conditions.- Schedule A Schedule 8. Pao I - Requiromenfe' and Scheoule B, Part h -Exceptions, and a countersignature by the Company or its issuing agent that may be in electronic four. Copyright 2006.2016 American Land Title Association. All rights reserved. —he use of this Form (or any derivative thereof) is restncted to ALTA I censees and ALTA members in good standing as of the date of usc. All other Lsos are prohibited Reprinted under license from the Arneiican Land Title Associa-inn File No.: 1292942 ALTA Commitment For Title Insurarice 8-1-18 (4-2-1.9) Page 7 of 7 AMER r.4>irl TITLE A5S0., In I MN lilt Stewart 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 _IABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT :S 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 Scnedule 0, 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 cf 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. Authorized CQ ntersianature Stewart Title Company 55 Madison Street, Suite 400 Denver, CO 80206 redarick H. Eppingor President and CEO vid Hisey SecreLary This rage is :only a part of a 2016 ALTA'"' Comtn$rnent for Titre insurance. This Commitment is not valid without the Notice; the Commitment to Issue Poilcy: the Commitment Cocd.7iors;; Schedule p Schedule b. Pert I Requiremen,s, end Schedule E. Part N - E.sceotions, and a c:;untersigrrelure by the Company or its issuing scent that may be in electronic fo,m Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Farm {or any derivative thereof• is restriced to ALTA licensees and ALTA memhers in good standing as of the date of use. All cthe- uses are prohioiled. Reprinted under license from the American Land Title Association. File No.: 1292942 ALTA Commitment For I11 e Insurance 5-1-16 Page 1 of 3 AM EA II A 1..1 �'➢ T1TLL 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 abutting 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 established under state statutes at the Commitment Gate 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 liability and obligaton 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 3, 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 iabiliiy 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 liaele 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. ThLs page is nn1y a part of a 2.516 ALTA' Commitment for Tide insurance- I his Commitment rs not valid without Inc Notice: the Commitment to issue Policy: the Commtment Cond.!hons; Schedule SChed✓1e B. Part r - Requirements: and Schedule B, Part 1I - Erceptior,s; and a r.nunfersigneture by the Tompony or Ifs rssu$ng agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form for any derivative thereof) s restricted to ALTA licensees and ALTA members in good standing as of the date of rise Ail other uses are prohibited. Reprinted under license frcrn the American Land Title Association. =de No.: 1292942 ALTA Commitment For 1 itle Insurance 8-1-16 -age 2 of 3 AML.AILaV LAN - ter). SITU (d) The Company's liability shall not exceed the lesser cf 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 c. aim 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 cf this Commitment and supersedes at: 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 ref ects 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 ilwww alto orglarbitration>. 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 rs coy a parr of a 20th Ai..TA' Commitme-7f `or Tale insurance. Th,s Commitment is rmct valid ,vdhout the Notice, the Commitment to issue Policy. the Commitment Condrricns. Schedule A. Schedule B. Pan 1- Requirements, and Soheoule a Part 11- txcephons, and a countersignature by the Conrasny cr its issuing agent toot may be in electron,c corm Copyright 2006-2016 American Land Tide Association. All rights reserved. The use of this Form i or any ceriva:iue thereat) is restricted to ALTA licensees and ALTA menthe's n good standing as of :he date of use. At oilier uses are prohibited. Reprinted under license'ram the American Lard Title Association. ni a No.: 1292942 ALTA Commitment For T to Insurance 8 1 10 image 3 of 3 A y..rRlCA 3.AFi TITLE • DictoG uard Security Alarm Symemt, Inc. 970-356-5612 end ► Olt 5tauo,• Snick, Ootr y tt at octa-red N►,�i JSuope Stroba tar *hut Dotc.C.ar tracci Fra Alirn Cairn; PenDI ANN Ann,. ca ' w 24.6 v Gun 'r • t I I I I • _Ate:es-are s• rt. 4 p; I t , 1 ortiwitere COW 006,1 witty Oita MAIN FLOOR PLAN j vnu 1 tch. �- -- • Witt. r' • I I I I I r L SPINS r a Ori r. NEDI L'T CI IN ROOFTOP UNIT • I l 0 i I I 1— a ilia*. Itt _- 0843 ROOM • WAIT ST 'inure COUR; lama asomenea Eaton Country Ciub Fare System Zone Descriptions Zone 1 Zone 2 Zany 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 Zone 9 Zone 't0 Basement Garage Heat Detectors Basement Pull Stations Panel & Furnace Heat Detectors Basement Smoke Detectors Main Floor Pull Stations Kitchen Heat Detectors Main Floor Smoke Detectors Ansul Northeast Duct Detector West Duct Detector I NJ A' incd►cotes where beer Kee. S+ored- Tm.S I Cooler +S 1oc-Ked at., + ca• 1 I ti m e 5. w I -rinse. CAC too t S+off ' rooms s+octS sewed soot ake- pop c on +o' ner5 . II l _ .- —e — err JtotMG A�c.yt W€ST DUCT on. IN ATTIC V • I i 1 I 1 • I BASEMENT FLOOR PLAN FIRE ZONE CHART For Eaton Cot.rry Club Eater, Ct) .14 • 1 4 I sty • • • 1• I$ • s eft, 1 I -+f ii:_. • t- This map is a user generated static output from reference only. Data layers that appear on this THIS MAP IS NOT an Internet mapping site and is for map may or may not be accurate, current, or otherwise reliable. TO BE USED FOR NAVIGATION 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. 4761981 Pages: 1 of 2 10/20/2021 04;47 PM R Fee:$23.00 Carly Koppss, Clerk -and Recorder, Weld County CO VIII iNctlittNiSllith§hAlrldilkilAl:‘,Vivill1111 L OTL.NEA JUSTWENT • DATE: 7/23/2(}21 FILE NAME: 2021 0335LLA My commission expires Notary Public atlat Eaton Country Club By; PhOPERTY DESCRfPl10N Multiple parcels of land, located in the North Half (NI/2) of Section Thirty (30), Township Seven North (TIN), Range Sixty—five West (R.65W.) of the Sixth Principal Meridian (6th PAC), County of Weld, State of Colorado and being more particularly described as follows: Lot Bt Recorded Exemption No. 0709-30-1 RECX16--OO64 recorded October 12, 2016 as Reception No. 4244575 of the Records of Weld County, and Lot B, Subdivision Exemption No. 416 recorded December 3, 1991 as Reception No. 2270836 of the Records of Weld County, Said described parcels of land contains 121.295 Acres, more or less (±), and is subject to any rights —of —way or other easements of record or as now existing on said described parcel of land. PROPERTY OWNER'S CERTIFICATE • We, the undersigned, being the sole owners in fee of the above described property, do hereby subdivide the property as laid out in this plat, and dedicate all easements described and/or depicted herein for the benefit of Weld County and the fee owners of any Lot or parcel crested by this plat. teven Ray Armk cht NOT BIAL RIWIC, STATE OF Co(orato ss COUNTY "e4-4 Rhonda Jean Arm echt The foregoing instrument was acknowledged before me this by MEN 1# Y IOC C s� c.v - L Witness my hand and official seal. itzat3 NOTARIAL CERTIFICATE STATE OF Ce1(..,fle_42z"-J ss COUNTY OF (.A.->-�'e- The foregoing instrument was acknowledged before by 1 as Witness my hand and official seal. My commission expires f t me this Notary ' ubl is As: ere --1:1 ie day o()Ca',1- O f (SEAL) 2012-I MARLA DEAN DANIELS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034008502. MY COMMISSION EXPIRES 3-12-2023 a. day o (SEAL) :n_ • .: 20ne, LYE D. MORE :.., NOTARY STATE OF COLORADO. NOTARYNOTARM19904006407. I MY COMMISSION EXPIRES,6726-2024 4 My commission expires Between Lot B, Recorded Exemption No. 0709-30-1 RECX16-0064 and Lot B, Subdivision Exemption No. 41b, 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 DEPARTMENT OF _PLANNING SERVICES — ADMINISTRATIVE REVIEW CERTIFICATE A This Lot Line Adjustment - accepte* and approved by the Department of Planning Services for filing. Director, Department of Planning Services STATE OF CO(OVMD ss COUNTY OF � The foregoing instrument was acknowledged before Witness my hand and official seal. p6/ti' a. 4, 'Notary Public h me this day of britiatts , 200, OF COUNTY COMMISSIONERS E" WI AT OF APPROVAL (SEAL) sets ! y 5sir ;Ytv ter„ tit -7k v-+ NOTAR k r# pas , r.. . . E _iPt. t E. i--' _fr.v11`1`..'.:.,; `Yf- Y�'r*�t3:.ea• � );_4 } /` � 2 ir L t i 'Yj nee y All• MVO-- " 9fr" 2404111Frre:' •5n P,-"' I pT V Fl '.1.dJ4'd.r .ut r rb+ il'Lli SAiN EX i i QthVemar 06,0 u� , ..„....abregassmarea y.agT .sw..a.an+mr .- -r "'tu-- -: `. •-`.r-t4r. This Lot Li * * eustment is accepted and approved by the Board of County Comm` County, State o • ado. Witness my hand and the c * - # to seal of Weld County this Chair, Board of County Commissioners ATTEST: Weld County Clerk to the Bo By: r Des erk to the Board Date VICINITY MAP SCALE: 1"--=2000' ers of Weld of 20 REC. . 1702197 1893603 2270836 2461100 2811620 4244575 S R AND LINEAL UNIT DEFINITION Assuming the East line of the Northeast Quarter of Section 30, T.7N., R.65W., as bearing South 01'04'12" East, as monumented as shown on the plat, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/2011, a distance of 2642.90 feet with all other bearings contained herein relative thereto. The lineal dimensions as contained herein are based upon the "U.S. Survey Foot." NQTICE According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (13-80-105 C.R.S. 2012) TITLE COMI II`..:. TE This survey does not constitute a title search by King Surveyors to determine ownership or easements of record. For all information regarding easements, rights —of —way and title of records, King Surveyors relied upon Title Commitment Number 1292942, dated June 9, 2021 as prepared by Stewart Title Company to delineate the aforesaid information. UR Y IS.-- STATEMENT I, Christopher A. DePaulis a Registered Professional Land Surveyor in the State of Colorado, do hereby certify that the survey represented by this plat was made under my personal supervision, and that this plat is an accurate representation thereof. 1 further certify that this survey and this plat complies with all applicable rules, regulations and laws of the State of Colorado, State Board of Registration for Professional Engineers and Professional Land Surveyors, and Weld County. Christopher A. DePaulis — On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38105 DOCUMENT UST NDATE E 10/26/1976 6/3/1982 12/3/1991 10/26/1995 12/7/2000 10/12/2016 NAM WARRANTY DEED SUBDIVISION EXEMPTION SE -155 SUBDIVISION EXEMPTION SE -416 RECORDED EXEMPTION RE -1780 USE BY SPECIAL REVIEW, USR-1241 GOLF COURSE RECORDED EXEMPTION RECX16-0064 NOTES FRAM___ -THE COUNTY 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. 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 with 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 bounties of the state face a critical shortage of such deposits; and c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and people moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 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 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. SURVEYORS NOTE The Weld County, Department of Planning Services requires "NOTES FROM THE COUNTY" notes which appear on Sheet 1 of 2. These notes are placed within this plat as a condition of approval by the Weld County, Department of Planning Services. The notes, as they appear within this plat, were forwarded to King Surveyors by the Weld County, Department of Planning Services and in no way are to be construed as the act or practice of land surveying as defined by the State of Colorado. These notes simply appear within this plat at the direction of the Weld County, Department of Planning Services. SCALE: 1"=2002 DRAWN BY: CSK4 CHECKED BY: CAD H 0 REVISIONS: C) # LLA21 .0026 LOT LINE ADJUSTMENT Li Cso 00) 0 lad of era it() IL Zoo .7.1 CI Nas hi PROJECT 20210335 1 a SHEET OF 2 4767981 Pages: 2 of 2 10/29/2021 04:47 PM R Fee:23.00 Carly Koppes, Clerk and Recorder, Weld County , CO 11!11 firtigiC r:n:wriga:1MIli laird WWI; LOTLINEADJU,STMENT#LLA21-026 DATE: 7/23/2021 FILE NAME: .2021 0335LLA SCALE: S s S i 1 ro 03 0 z N82?4041,J 28000 CENTERLINE OF FAR LATERAL N8856'51"W 319.32' I i i i • i NORTH QUARTER CORNER SECTION 30, T.7N., R.65W. L3 Ac vvCENTER QUARTER CORNER SECTION 30, T.7N., R.65W. Between Lot B, Recorded Exemption No. 0709-30-1 RECXI6-0064 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 COUIVTY ROAD 78 via R4 WKS 5TH (NOT APART) sirs tone CENTERLINE OF FAR LATERAL aJ S89`01'29"E 2686.35' w.� C) t 44 cv LOT RE, " 112 OTA PART 30' RIGHT OF WAY BOOK 5, PAGE 62 30' RIGHT OF WAY BOOK 5, PAGE 62 4 t = 1S8901'29"E__1361.90' LOT B 120.646 ACRES N8856'51 "W 2700.00' RETREAT AT HA WICSTONES" (7VOTA PART) -r ME Jr, , r Y •:: re - •A.. LOT RECX.W11.2 IOTA PART) rte... ..�. +...� NORTHEAST CORNER SECTION 30, T, TIN, R.65W. FOUND 3 1/2" ALUMINUM CAP ON #6 REBAR, LS 22098, 1995 IN MONUMENT BOX . S. ti .t %In/6W or so r owl mar PACE2s4 JO' R/097 IT /04 War .3 PACE 211 NORTH SIXTEENTH CORNER SECTIONS 30/29, T.7N., R.a65W, FOUND 2 1/2" ALUMINUM CAP ON #6 REBAR, LS 9644, 1995 IN MONUMENT BOX EXISTING TOWN OF EATON ACCESS (COM) EXISTING TOWN OF ♦s: EATON ACCESS (COM) FOUND #4 REBAR BENT FOUND #4 REBAR WITH YELLOW PLASTIC CAP LS 7242 • ,E • :t f FOUt10r 4 REBAR FE DETAIL A FOUND #5 REBAR WITH RED PLASTIC CAP LS 26298 HA WKSTONE OT'A PART) O CNI L17 LOT A SE -416 (NOT P CO t. LB SE -155 (NOTA PAR LOT 28,319 SQ.FT. 0.650 ACRE OTA EAST QUARTER CORNER SECTION 30, T.7N., R.65W. FOUND 3" ALUMINUM CAP ON #6 REBAR, LS 23513 IN MONUMENT BOX S I • 1 U N s 0 .r 4s r SIM cF .4- r St .- I I Sr i L i I I 0) d csa Li to Y J ,71 ) z f Fiti rte u. 0 CNI U) m aNta 0 I I :130.00' 1 • a7.v 4.. U;;Lanej 5 isr":1.+1 M• YS a w nt I I i I I I I I i i i i 200 100 i _ LINE TABLE LINE BEARING LENGTH L1 N38'07'43"W 58.73' L2 N75'10'41 "E 95.00' L3 N78`50'41 "E 202.00' L4 N67 -05'41"E 84.00' L5 N551130'41"E 142.00' L6 N 38.10'41 "E 195.00' L7 N25;55'41 "E 112.00' L8 N13'55' 41 "E 156.00' L9 N24;10'41 "E 198.00' L10 N29'10'41 "E 157.00' L11 N 23-05'41"E 210.00' L12 N28`35'41 "E 222.00' L13 : N 28`05'41 "E L14 N 2220' 41 "E L15 N1115'41"E 15'41 "E L16 N13`00'41 "E L17 S88•55'48"W L18 504'55'48"W L19 541'04'12"E L20 L21 N 56°55'53"E N68`31'05"E L22 58724'24"E 181.00' 143.001 180,00' 200.00' 170.75' 369.28' 16.74' 68.88' 35.56' 86.01'1 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH -BEARING C1 146.96' 431.00' 19`32'11" 146.25' N28'49'05"W C2 115.74' 131.72' 5020'37" 112.05' N 0114'51"E C3 102.94' 219.25' 21'54'08" 102.00' N34'17'13E 200 SCALE IN FEET SCALE: 1"-r-200' 200' 400 600 FOUND O • co #4 REBAR -ant) 0 0* 0 c4 FOUND #4 REBAR WITH RED PLASTIC CAP LS 26298 LOTB SE -153- (W ''A PA 7) FOUND #4 REBAR ..10) RVi OF A)• PACE 44 JO' sag- OF WAY Boar ., PACE 244 • • 1 tiltrN 0 feta 1 LOT A s ?ERNE EASEMENT REC: NO 4239774 L19 0 \\ \irk CPe oe 10' SANITARY SEMEN en.,4seittirmr Rec NO 2161700 (RE UM) \ 15' SAN/WY SEWER EASEMENT REC NO 2413420 LOT B 120.646 ACRES HA WKSTONE SUB 1 L22 LOT A 28,319 SQ•FT. 0.650 ACRE \\e/ ORIGINAL LO \ LINE VACATED BY THIS PLAT • 1 • w. I ;*9.91' -1 EX. ISTING TOWN OF EATON ACCESS • • a;LEEXIATSO111114GACTCEOTS°F tf) !Pr" I acs4 igt REC NO 1427502 EAST QUARTER CORNER FOUND 3" ALUMINUM CAP ON #6 REBAR, LS 23513 IN MONUMENT BOX • itt LE GEND • • • • O FENCE LINE EDGE OF ASPHALT EASEMENT LINE SECTION LINE RIGHT OF WAY LINE BOUNDARY LINE FOUND ALIQUOT CORNER AS DESCRIBED FOUND MONUMENT AS DESCRIBED FOUND #4 REBAR WITH YELLOW PLAS11C CAP LS 38480 SET 24" OF #4 REBAR WITH A RED PLASTIC CAP STAMPED KS, LS 38105 CALCULATED POSITION DETAIL A Christopher A. DePaulis On Behalf Of King Surveyors Colorado Licensed Professional Land Surveyor #38105 DRAWN BY: CSK CHECKED BY: CAD r=4 >No >* ran occos O1OJ03 `JosputM anuQ uap.reo • g 0S9 frizkrA *iris I email: contact@KingSurveyors.com 1Toc-989 (0L6) :auogd KA O) 5 ER ADMIIN REVIEW CSK (a; or 0 LLA2I 0026 cen it< LLI Fa 0 ttn Li Er co re O o o z o u_ o z oo ...71 O QT13 N PROJECT #: 20210335 SHEET 2 OF 2 DEPARTMENT OF PLANNING SERVICES LOT LINE ADJUSTMENT (LLA) ADMINISTRATIVE REVIEW Case #: LLA21-0026 Planner: Maxwell Nader LLA Submittal Date: August 20, 2021 Applicants: Steven Ray and Rhonda Jean Armknecht & Eaton Country Club c/o 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 6'h P.M., Weld County, CO • Subdivision Lot SE -416; being a part of Section 30, T7N, R65W of the 6'h 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 Agency 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 titled: 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 Eaton access point(s) on the plat and label with the approved access permit number, if applicable. L. Setback radiuses for existing oil 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 with 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 fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 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 5 of 5 N 1318 ftE,C 02270836 12/03/91 10:46 x'10.00 1/001 F 2183 IthRY ANN F:EUE;RSTE1N CLERK & RECORDER WELD CO, CO AR227DA3b ENV ,',E 3186 OWNER: EATON COUNTRY CLUB 37661 WELD COUNTY ROAD 39 EATON, COLORADO 80615 LEGAL DESCRIPTION (LOT 8 - EATON COUNTRY CLUB) A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 30, TOWNSHIP 7 NORTH, RANGE 65 WEST OF THE 6th P.M., WELD COUNTY. COLORADO LYING EAST OF FOR FAR LATERAL, BEING MORE PARTICU- LARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER 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 THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH THENCE SOUTH ° 35 WEST, 180 FEET; 22° 40' WEST. 143 FEET; 28° 25' WEST, 181 FEET; 26° 55' WEST. 222 FEET; 23° 25' WEST. 210 FEET; 29° 30' WEST, 157 FEET; 24° 30' WEST, 196 FEET; 14° 15' WEST, 156 FEET; 26° 15' WEST, 112 FEET; 380 30' WEST, 195 FEET; 55° 50' WEST, 142 FEET; 67° 25' WEST, 84 FEET; 79° 10' WEST, 202 FEET; 83° 00' WEST. 280 FEET; 75° 30' WEST. 95 FEET; 33° 50' WEST. 100 FEET; 11° 40' WEST, 80 FEET; 14° 10' EAST, 86 FEET; THENCE SOUTH 31° 10' EAST, 155 FEET TO THE EAST AND WEST CENTER LINE 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 00° 48' 19" WEST, 62.00 FEET ALONG THE EAST LINE OF SAID SECTION 30; THENCE NORTH 40° 48' 19" WEST, 293.00 FEET; THENCE NORTH 06° 48' 19" WEST, 201.00 FEET; THENCE NORTH 05° 11' 41" EAST, 247.89 FEET; THENCE NORTH 89° 11' 41" EAST, 183.43 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 30; THENCE NORTH 00° 48' 19" WEST, 1910.10 FEET ALONG SAID EAST LINE 70 THE POINT OF BEGINNING; SAID TRACT OF LAND CONTAINS 121 ACRES, MORE OR LESS. LEGAL DESCRIPTION (LOT A) A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECION 30, TOWN- SHIP 7 NORTH, RANGE 65 WEST OF THE 6th P.N., WELD COUNTY, COLORADO, BEING RE PARTICU- LARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 30 AND CONSIDERING THE EAST LIME OF THE NORTHEAST QUARTER OF SAID SECTION 30 TO BEAR NORTH 00° 48' 19" WEST WITH ALL OTHER BEARINGS cONTAINEO HEREIN BEING RELATIVE THERETO; THENCE NORTH 00 48' 19" WEST, 615.88 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 11' 41" WEST, 195.73 FEET; THENCE NORTH 05° 11' 41" EAST, 117.64 FEET; THENCE NORTH 89° 11' 41" EAST, 183.43 FEET TO A POINT ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 30; THENCE SOUTH 00° 48' 19' EAST. 117.00 FEET ALONG SAID EAST LINE TO THE TRUE POINT OF BEGINNING; SAID PARCEL CONTAINS 0.5092 ACRES, MORE OR LESS, AND IS SUBJECT TO AMY RIGHTS -OF -WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY INSTRUMENTS OF RECORD OR AS NOW EXISTING ON SAID PARCEL OF LAND. OWNERS' CERTIFICATE WE, THE UNDERSIGNED, BEING THE SOLE OWNERS IN FEE OF THE ABOVE DESCRIBED PROPERTY DO HEREBY REQUEST A SUBDIVISION EXEMPTION ON THE LAND AS SHOWN HEREON. EATONCLUIYBY: NOTARIAL CERTIFICATE THE F EGOING CEIFICATIO WAS ACKNOLLEDGED BEFORE ME THIS DAY OF , A.D.1991. 15S I ON X I R E S : My Commission E1vires JiDllarY 1 D, i935 WITNESS MY HAND 14 HO SEAL. PU SURVEYOR'S CERTIFICATE I, GERALD 8. McRAE, A REGISTERED PROFESSIONAL LANG SURVEYOR IN THE STATE OF COLORADO DO HEREBY CERTIFY THAT THIS SUBDIVSISION EXEMPTION PLAT WAS PREPARED UNDER MY PERSONAL SUPERVISION, AND THAT THIS PLAT IS AN ACCURATE REPRESENTATION THEREOF. I FURTHER CERTIFY MAT THE SURVEY AND THIS PLAT COMPLIES WITH ALL APPLICABLE RULES, REGULATIONS AND LAWS OF THE STATE OF COLORADO, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, AND WELD COU Y . .S' 75V0'11/4P•diteekrAfied. 95' GERALD B. McRAE, PROFESSIONAL DNGTNEER"AND LAND SURVEYOR, COLORADO REG. NO. 6616 NOTE: ONLY PARCEL A WAS SURVEYED. N -Ar'C AR C...•a CC • ' ,- ..., • I THIS PL T IS ACC0P'1E .DjliDIRE TO , EAR Aft THE FOREG9ING CERV FIEATIIDN-WAS'ACKNOWLEDGED BEFORE NE THIS. j •DAY OF 1r.,r . A.D., 1991. NY COMMION EXPTRTS. 64,.` WITNESS MY NAND AND & s•.co'k! /OO' 64.114'40W. 90' S.14.1O' E 66' $al• 10'E.. 155' COUNTY APPNOVA4, D APPROVED FOR FILING. ICES SUBDIVISION EXEMPTION No. 4I6 f:a•-fe7 /rne Section . If/er,s' /.375 t •/eel, eOSt Cpr,7 e'r S'e2ctio/7 a' , 7:-7d1,.P6510 5 27.00' la 853' S. /P' iv. Poo S. 11°,75' V /80' s2P• 40'4r /1 ' ,3 r8.2,s'1/. /8/ ' ..57t6•5.5' W. !22' s 23• ls'kf. 2/0' ses•Jo'*% 457' st4•JO'* /98' S, /4•/S'W 456. SP6•/511/.. /12'. .910 °,11:71/. 195' S.55•sa'k!. /42' s67•2'5'W 94' 5'79.10'1(/. 202' 3'8 840' fu P8o' 409 ' t V Soo le fr:too' 30 100 Zoo 300 400 Wekt County • Pins found : ,V0.4 Rebar *'/cop 47 /c L. s >Ar 7z4t o Pins Set: No. 4 Re bor tw /Cop 47. f' S. L . * 7t4t ocrci 78 (so' Ro. ui) Lo/ " Ee4 Tat/ COUNTRY CLUB Gros., 1211 Acres Lot R" Gross 24181st. (a509Z Raw. 4 5tosF Vet 1 B, G71 S F (U.4Z86 4c.) I 37. oo' #v 89.11' 4r't. 153.43' 4f036//'4!"£. 11764' S. 89• t i'41"01. 165.7s' 445.11' 41"E. 130. e5 N..06.48` 19'4 201.00 I g' a 30.0 I sea f55 �y Ia $6 C f55I N4064819'11. 293.00 *00.48' 19"W 62.04' Center 5'ee.34 East - lees t '4 l#r7 P See. 3 Cost .1D/9'y East %4 Corner. Section 30 Ns': Ar rir arwMsr wr M SIOSYSr, AMrwAw[• 1As[rrIrs ale IMrprs-wr-NYIr Alm wr writ IR- ,[imara Pr W ar SAM* M MS Mar. VAR (Asfar71?$ Mo R+wrs- -IwY MpleAl *sir K' ~ON AriNtKU mar Awr ar csaviteT(, Asr MOM aw rr1t** ANMFP ITA7II, MO Mt TO St Wee ONLY w T*t towriXT. N(, 1/leOlrllrw 1r arlarise LAY, IFIM MIT essamirace Yr Leal ICITOIr IAN" NM ANr 'freer II T7M!'sarrrr Firma mart ►'ri1Nl AFTER NO• vIfsr A'SCOWAfO lvCN ptrECr. 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IN r J LIVE TO CK:'CON IN EMENT OPER lag1 6 USA= 1429, CHURCH CHILD CAac& SCHOOL :V JJ a,ur-itJu— FEEI LOTS - 4,469.4 Feet 4,469A WGS_1984_Web_M ercator_Auxilia ry_Sp here © Weld County Colorado 0 2,234.68 II i� This map is a user generated static output from an Internet mapping' site and is for rc•erence 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 37661 CR 39, Eaton, CO 80615 Legend A ■ Parcels ZPAG - Zoning Permit for AG NCU - Non Conforming Use SPR - Site Plan Review USR - Use by Special Review Highway Road Road Highway City Limits - Extended Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City r7 Gilcrest Greeley Grover Hudson Johnstown Notes I ilr, i� WELD COUNT'S ONLINE ,' 1a�,PPENCI ION{ LL { dba McCarty's . C II= Om gee i t_. :Iii 4 •. ,.• ithst� I...4 w: :To 1 h}e • 11 I d r. rrr- I r j11,� �' r 4 I.+ Hwr• I 1 lull_ -y �• ..� VC1ffi.,° } pit - w!1 ,. I .. -,., _ ...-r 1y t. .. "} II I, . r ,, ti f I Legend r Q Parcels • s { I� f � _ Address Label d -. Highway „. _ y, ',...T.e -sire ti `t• , IrL_1' County Boundary _ _,' a '' irk it + + rr r • ° a if e 9 X61 P _ + t • fifil • r - - °- 4... ---ii e ` Ild f r `J err .rrr T • —• - - '..^^ f i'•i 1 - rte'-, II ti '. If1� W .xi��h� ' Y `lr ---` 4l ~h'. - I`7 .' I Ste• lalliMMISaaralallaaallaha _JIP • .. �. ., r _ - r II r ik ! I Yea ` ' A s -, +it• r R I _ 1._r t t: • ,. Kra-eificif■ iMI :tip Illientingrei -tAiliktlibiEgA II ark. aini an 4v""arsars • a E Ilk in '. �, its 441 gag ID '.14-1!‘T , .' , in 4- f 1?)4 la , .. . - i�0 1._� �A,h.; ' i. � ��cc,. Av.4� �.i �. ` h Flu o" WAPAP'Sie. 1 ' ler A At . __,-,-;., e•'t," it d ie It- IF '' ', .. _ .. _ ' ' • r • y litle ,:rvirsil #41g ,Cil lit:451 eiktr ii,-- 110 e • Sakti ; f2f. I got es t. _ r l� • -- 1 — 37661 CFA 39/ Eaton, CO 80615 2,234.7 0 1,11734 2234/ Feet This map is f= user generated static output from an Internet mapping site and is for Data layers that this be reference only. appear on map may or may not accurate, WGS_1984_Web_Mercator A►uxiliaryr_Sphere current, or otherwise rcliable. Weld County Colorado THIS MAP IS NOT TO BE USED FOR NAVIGATION RIP WELD COUNTY ION, LLC, dba McCarty's ONLINE MAPPING 0 558.67 1,117.3 Feet 1,117,3 WGS_1984_Web_Mercator_Auxilia ry_Sp here 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 ..a+ren e. M tcoal r ton:atb :..L, r l: 4Yi/ 1 • • . ,.,. , / .•y_ re: I a - tar & Legend Farce S Highway County Boundary Notes 37661 CR 39, Eaton, CO 80615 3/31/227 9:45 AM Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R8974873 March 31, 2022 Account Information Account Parcel Space Account Type Tax Year ActualActual Value Assessed Value R8974873 070930100004 Commercial 2022 4 000 000 Legal PT N2 30-7-65 LOT B LOT LINE ADJ LLA21-0 026 Subdivision Block Lot Land Economic Area TWN 7 RANGE 65 Property Address Property City Zip Section Township Range 37661 COUNTY ROAD 39 WELD 30 07 65 Owner(s) Account Owner Name Address R8974873 EATON COUNTRY CLUB PO BOX 240 EATON, CO 806150240 R8974873 ARMKNECHT RHONDA JEAN R8974873 ARMKNECHT STEVEN RAY https://propertyreport.co.weld.co.usl?account=88974873 1/12 3/31/22, 9:45 AM Property Report Document History Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 4767981 10-20-2021 PLT LLA 0026 - LL 0026 A21- 0.00 0.00 10-20-2021 0 *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 R8974873 1 Single Family Residential ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Residential o 9205 Single Family Residential 100 3 2 0 ID Exterior Roof Cover Interior HVAD Perimeter Units Unit Type Make I Frame Masonry Veneer Drywall Forced Air 0 ID Square Ft Condo F Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 15006 0 15 006 11006 456 0 0 148 https://propertyreport.co.weld.00.usl?a000unt=88974873 2/12 3/31/2279:45 AM Property Report Built As Details for Building I ID Built As Square Ft dear Built Stories Length Width 1.00 Ranch tcry 1,006 1969 1 0 0 Additional Details for Building �1 ID Detail Type Description Units 1 Appliance Allowance 1 1 Basement Bsmnt Conc 8 ft 1,006 1 Basement Finished 1,006 1 Fixture Bath 3 1 1 Fixture Bath 4 1 1 Fixture Sink Standard 1 1 Fixture Water Heater 1 1 Garage Attached 456 1 Porch Open Slab 148 Building 2 AccountNo Building ID Occupancy 88074873 2 Country Club ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 2 Commercial 9911 Country luh 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Type Unit Make Package2 Unit 416 0 https://propertyreport.co.weld.00.usPaccount=R8974873 3/12 3/31/22, 9:45 AM Property Report ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 2 7,299 0 0 3,958 0 0 0 0 Built As Details for Building 2 ID Built As Square Ft Year guilt Stories Length Width 2.00 Country Club 4,237 1 96 3 1 0 0 2.00 Country Club 3,062 2000 1 0 0 Additional Details for Building 2 ID Detail Type Description Units 2 Add an Asphalt Average 27,000 2 Add ii On Corn Canopies p Wood Average � 911 2 Add On Wood Balcony 1,718 2 Basement Finished 3,958 2 Basement Storage 3,413 Building 3 AccountNo Building ID Occupancy R8974873 3 Warehouse ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 3 Commercial 9911 Warehouse 100 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Type Unit Make 3 Space Heater 223 0 https://propertyreport.co.weld.00.usl' a000unt=88974873 4/12 3/31122, 9:45 AM Property Report ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SFF Carport Balcony SF Porch SF 3 4,080 0 0 0 0 0 0 0 Built As Details for Building 3 ID Built As quay Ft Year Built Stories Length Width 3.00 Storage Warehouse 3,280 1968 1 0 0 3.00 Storage Warehouse 800 1997 1 0 0 Additional Details for Buildin3 ID Detail Type Description Units 3 I Add On Shed Frame 674 3 Add On Shed Frame 168 Building 4 AccountNo Building ID Occupancy R8974873 4 Golf Course *CODE ID Type NBHD Occupancy %Bedrooms Complete Baths Rooms 4 Commercial 9911 Golf ODE Course 00 0 0 0 ID Exterior Roof Cover Interior HVAC Perimeter Units Unit Type Make 4 None 0 https://propertyreport.co.weld.00.usPaccount=R8974873 5/12 3/31/222 9:45 AM Property Report ID Squares Ft Condo SF Total Basement SF Finished Basement SF SF Carport SF Balcony SF Porch SF 4 1 0 0 0 0 0 0 0 Built As Details for Building 4 ID Built As Square Ft Year guilt Stories Length Width 4.00 Gulf Course GCE 1 1998 1 0 0 No Additional Details for Building 4 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt Totals - - 000 0 0.000 0 Comparable sales for your Residential or Commercial property may be found using our SALES SEARCH TOOL Tax Authorities https://propertyreport.co.weld.00.usPaccount=R8974873 6/12 3/31122, 9:45 AM Property Report Tax Area ID District District Name Current Levy Mill 5055 0700 AIMS JUNIOR COLLEGE 6.342 5055 EATON RECREATION AREA PARK DISTRICT AND 7.15$ 5055 0505 EATON FIRE 9.000 5055 1050 HIGH PLAINS LIBRARY 3.197 5055 0304 NORTH WELD COUNTY WATER (NWC) 0.000 5055 0301 NORTHERN (NC W) COLORADO WATER 1.000 5055 0202 I SCHOOL DIST ST RE2-EATON 43.354 5055 0100 WELD COUNTY 15.038 5055 1200 WEST GREELEY CONSERVATION 0.414 Total - - 85.503 Photo https://propertyreport.co.weld.00.usPaccount=R8974873 7/12 3/31/22, 9:45 AM Property Report https://propertyreport.co.weld.co.us/?account=R8974873 8/12 https://propertyreport.co.weld.co.us/?account=R8974873 3/31/22, 9:45 AM Property Report 24.0' First Floor 1006.0 SF Finished 1006.0 SF Attached 456.0 SF Sketch by Ppex IV'MndowsTM' Bldg 1 Open Slab 120.0 SF 19.0' G 12.0' 30.0' 1/B 4 0' 6.0' L 11.0' 10.0' 26.0' Open Slab 24.0 SF Building 1 Page 1 35.0' s Sketch by Apex Sketch Bldg 2 42.0' WH9' 39.0' 48.0' 4o7LJ 5.a s.o' Finished 3958.0 SF Basement Area 7041.0 SF 31.0' 111 0' 8.0' 23.0' 74.0' 23.0' 15.0' 57.0' Building 2 Page 1 0 oy 27.0' Storage 3413.0 SF 103.7' I https://propertyreport.co.weld.co.us/?account=R8974873 10/12 3/31/221 9:45 AM Property Report 4' 38.5' Sketch by Apex IV" 674.0 SF Shed Open Side 68.0' Addition in 2006 O (-4 First Floor 1360.0' VWH 12' 48.0' YOC 1968 Class D o o First Floor v 1920.0' 12x10 OH v O = YOC 1997 WH 10' 800.0' 17.5' Bldg 3 Office 17' X 20' Building 3 Page 1 14.0' 12.0' Pump Hse 168.0 SF https://propertyreport.co.weld.co.us/?account=R8974873 11/12 3/31122, 9:45 AM Property Report Map Maxar I Weld County Government Powered by Esri Get additional detail with the Map Search. Copyright o 2022 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.usRaccount=R8974873 12/12 HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Background Information AFFIDAVIT DATE: April 4, 2022 FROM: Chloe A. White, Deputy Clerk to the Board Supervisor SUBJECT: Federal Bureau of Investigation (FBI) and State of Colorado Background Checks for Liquor Licensing I hereby certify that I have provided the below documents in accordance with the requirements of Weld County, the State of Colorado, and the Federal Bureau of Investigation (FBI) in November of 2021. oac2„,, Gk dN /WA irQa Chloe A. White, Deputy Clerk to the Board Supervisor Date 1. Agency Privacy Requirements for Noncriminal Justice Applicants 2. Noncriminal Justice Applicant's Privacy Rights 3. Privacy Act Statement 4. Procedures for submitting to a background check in Weld County, Colorado ********************************** I HEREBY AFFIRM THAT I HAVE RECEIVED THE ABOVE DOCUMENTS. I UNDERSTAND THAT I MAY REQUEST THE PROCEDURES FOR OBTAININNG A CHANGE, CORRECTION, OR UPDATE OF A CRIMINAL HISTORY RECORD; THAT I WILL BE PROVIDED A COPY OF THE RESULTS OF THE CRIMINAL HISTORY RECORD; THAT IF I HAVE A CRIMINAL HISTORY RECORD, I WILL BE AFFORDED A REASONABLE AMOUNT OF TIME TO CORRECT OR COMPLETE THE RECORD; AND THAT IF I HAVE ANY OTHER QUESTIONS OR CONCERNS, I MAY REQUEST FURTHER INFORMATION AT ANY TIME FROM THE CLERK TO THE BOARD'S OFFICE OF WELD COUNTY. THE RESULTS OF THE CRIMINAL HISTORY RECORD WILL BE USED FOR AUTHORIZED PURPOSES ONLY. Y '%i✓ �-�if �SQ�-t�� o6/oy/oz_ Print Name Date l�— Signature Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • cwhite@weldgov.com DR 8404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business Ion LLG Home Pho a Number Cellular Number ,V/A g c) S'3 Ss63 2. Your Full Nam (la t, first, middle) l�cxmi G�o�rewo� 3. List an other names you have used ,t/ f1 4. Mailing address (if different from residence) /WA Email ddred yi€/C,shrcuxo®ima� /. ,..,Thi 5. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current /33.6 '4,2,15 COQ' --1, �Gi 7dr , co g'6/, /% zom fir -0,,,± Previous /2.-V( l -->'c, Sfd 6,-,..ele, t c 806 3) /o/zo/ rl/zoiT 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To i/c a L db,tigc62 ;766/ coc2, 39', 664, /O iS /Clear fG/zola 19,4 6 -mad /,/ ,ft PQ/YllrUi i DSO uoglfo, 9, &TWA, .3 020' -s ° oui,4 ��2'i5 cn/Zo,4 kl/ZoIB ci/rot rye Golds ► Nokt goo if-itt SW, 6oldltin ,CO 8040/ 0/,d a,,e 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee ./(//i4 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) El Yes No 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) El Yes ® No DR 8404-1(03/20/19) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) ❑ Yes No 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) ❑ Yes ® No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑ Yes ® No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth Og Jo3It9 S0 b. Social Security Number 9) ' ''9t t 1 " c. Place of Birth / �- /✓ Nlldeolieivrr , (,- MAA) d. U.S. Citizen ❑Yes 'No e. If Nato alined, state where /V4 f. When /j//,Q g. Name of 9istrict Court /t// h. Nat raljzation Certificate Number /(//, 4 i. Date 9f Certification j. If an Alien, Give Alien's Registration Card Number /V ,v/4 k. Permanent Residence Card Number Zo/—042_—‘,5- I. Height 6' 4' m. Weight 205 n. Hair Color 8,,0-4 o. Eye Color %(e p. Gender Male q. Do you have a current Driver's License/ID? If so, give number and state. ®Yes El No # 12"066-O��Ostate Cot rtraola 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 0 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ * If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount P/A d. Provide details of the corporate investment described in 14 (a). You must account separate sheet if needed) for all of the sources of this investment. (Attach a Type: Cash, Services or Equipment Loans Account Type Bank Name Amount ./V74 /4 e. Loan Information (Attach copies of all notes or loans) Nameof Lender Address Term Security Amount A/411 Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct, and complete to the best of my knowledge. Author" natur = - Print Signat a DCOlte.1/Z Title OUJPw f G A+ Date 02912) February 22, 2022 To whom it may concern, My name is Chris Williamson and I am the Head Golf Professional at Eaton Country Club. I am writing this letter in regards to Daniel Kostrewa, the Restaurant and Bar Manager/Owner for McCarty's at Eaton Country Club. Daniel strives to empower employees to succeed and fosters a healthy and safe environment for all who come on property. Daniel leads with the customer in mind but does not neglect the organization or the backend operations. He is efficient and thorough and has improved the atmosphere of our club to keep the safety of employees and as well as customers a high priority. I feel Daniel is qualified and capable to direct and regulate the liquor service. I recommend Daniel Kostrewa to be added to the liquor license. Sincerely, Chris Williamson, PGA Head Golf Professional Eaton Country Club February 22, 2022 To whom it may concern, My name is Stephanie Scott and I am the Administrative Manager at Eaton Country Club. I am writing this letter in regards to Daniel Kostrewa, the Restaurant and Bar Manager/Owner for McCarty's at Eaton Country Club. Daniel's dedication is only matched by his willingness to work and empower the employees to succeed in a healthy and safe environment. Daniel leads with determination and passion for the wellbeing of both customers and members. He has implemented numerous trainings and guidance to the employees of the restaurant and bar. Daniel has established structure and policies that have improved the safety of employees and as well as customers. I feel Daniel is qualified and capable to direct and regulate the liquor service. I recommend Daniel Kostrewa to be added to the liquor license. cerely, anie Scott dministrative Manager Eaton Country Club To Whom it may concern, My name is Kyle Bornhoft, I am currently the AGM of Mccarty's Restaurant. I am writing this letter in regard to Daniel Kostrewa. I have had the pleasure of working with Daniel now for 6 months. Daniel is a great member of this small community here in Eaton CO. Over the last 6 months I have seen his dedication to work and his community, and its only out matched by his compassion for people. I think he more than qualifies for our new liquor license. -Kyle Bornhoft AFFIDAVIT DATE: April 4, 2022 FROM: Chloe A. White, Deputy Clerk to the Board Supervisor SUBJECT: Federal Bureau of Investigation (FBI) and State of Colorado Background Checks for Liquor Licensing I hereby certify that I have provided the below documents in accordance with the requirements of Weld County, the State of Colorado, and the Federal Bureau of Investigation (FBI) in November of 2021. OfAQ,...„, . OL1 (c I as Chloe A. White, Deputy Clerk to the Board Supervisor Date 1. Agency Privacy Requirements for Noncriminal Justice Applicants 2. Noncriminal Justice Applicant's Privacy Rights 3. Privacy Act Statement 4. Procedures for submitting to a background check in Weld County, Colorado ********************************** I HEREBY AFFIRM THAT I HAVE RECEIVED THE ABOVE DOCUMENTS, I UNDERSTAND THAT I MAY REQUEST THE PROCEDURES FOR OBTAININNG A CHANGE, CORRECTION, OR UPDATE OF A CRIMINAL HISTORY RECORD; THAT I WILL BE PROVIDED A COPY OF THE RESULTS OF THE CRIMINAL HISTORY RECORD; THAT IF I HAVE A CRIMINAL HISTORY RECORD, I WILL BE AFFORDED A REASONABLE AMOUNT OF TIME TO CORRECT OR COMPLETE THE RECORD; AND THAT IF I HAVE ANY OTHER QUESTIONS OR CONCERNS, I MAY REQUEST FURTHER INFORMATION AT ANY TIME FROM THE CLERK TO THE BOARD'S OFFICE OF WELD COUNTY. THE RESULTS OF THE CRIMINAL HISTORY RECORD WILL BE USED FOR AUTHORIZED PURPOSES ONLY. , Pend g9au NB—&NLY CC -0 o_D92022 Print Name 4g/t/i/44 Signature Date Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • cwhite@weldgov.com DR 8404-I (03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Business 'X on LAC Home Phone Number Al/A Cellular Number 170-3 02-' 310c 2. Your Full Name (last, first, middle) SPP6K P4MI 3. List any other names you have used N/A 4. Mailing address (if different from residence) /VA Email Address MiliefrkliG 2,1c4 9Mrii1,L0/1 5. List current residence address. Include any previous addresses within the lasf five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current 11664 Co.ni-V goal 72 5,everrnce C 0 , go6lC Lee W2o fOk/ Previous 763 OoK04-k kfay it vfin)59r, Co, 605 -Co ,ft 2o17 ep2O2O 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To Car.LS Tavern t3oo I/ 'jam 1 Aleakkj Ow A er Ded2o11 noel R/Vi LI-C (ficcrirJ 37&C( Li 3l Talon CO rteriScr pea -2o16 01142021 7. List the name(s) of relatives working in or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee Y/4 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) X Yes ❑ No PA.1 SPel,C Own a- UYuor LI`c.r lce a 4- R,FF5 T4I,(,n x-4 1,,,,,is,''Go Froil Number 2018 Fl/ not All 5, ,i) DV ' 4- 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) ❑ Yes Et No R 8404-I (03/20/19) 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited ❑ Yes ®N. bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) El Yes No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑ Yes Nj No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth b. b. Social Security Number , c. Place of Birth L%, Coin 11( E. d. U.S. Citizen l rb� IYes 0 N e. If Naturalized, state where (1 J n f. When , A� /Alien/ g. Name of/District Court 11- h. Natur lization Certificate Number NA- i. Date of Certification Ij. If an Give Alien's Registration Card Number A7M 1 N/4 k. Perm vent Residence Card Number A14 I. Height ID" m. Weight I SJ n. Hair Color WI o. Eye Color Bowl p. Gender fs61 a q. Do you have a current Driver's License/ID? If so, give number and state. [,t Yes ElNo # state CO 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 9 b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ 0 * If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Account Type Bank Name Amount N/4 d. Provide details of the corporate investment described in 14 (a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount /1/1 4 e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount nn// Oath of Applicant I declare under penalty of perjury that this application and all attachments are true, correct and complete to the best of my knowledge. Authorize Signature ,Pu b Print Signature fc� ! ≤Pe c K Title 01�4 �� Date 1149-21 February 22, 2022 To whom it may concern, My name is Chris Williamson and I am the Head Golf Professional at Eaton Country Club. I am writing this letter in regards to Paul Speck, the Restaurant and Bar Manager/Owner for McCarty's at Eaton Country Club. Paul strives to empower employees to succeed and fosters a healthy and safe environment for all who come on property. Paul leads with the customer in mind but does not neglect the organization or the backend operations. He is efficient and thorough and has improved the atmosphere of our club to keep the safety of employees and as well as customers a high priority. I feel Paul is qualified and capable to direct and regulate the liquor service. I recommend Paul Speck to be added to the liquor license. Sincerely, Chris Williamson, PGA Head Golf Professional Eaton Country Club February 22, 2022 To whom it may concern, My name is Stephanie Scott and I am the Administrative Manager at Eaton Country Club. I am writing this letter in regards to Paul Speck, the Restaurant and Bar Manager/Owner for McCarty's at Eaton Country Club. Paul's dedication is only matched by his willingness to work and empower the employees to succeed in a healthy and safe environment. Paul leads with determination and passion for the wellbeing of both customers and members. He has implemented numerous trainings and guidance to the employees of the restaurant and bar. Paul has established structure and policies that have improved the safety of employees and as well as customers. I feel Paul is qualified and capable to direct and regulate the liquor service. I recommend Paul Speck to be added to the liquor license. Sincerely, Stele Scott Administrative Manager Eaton Country Club To Whom it may concern, My name is Kyle Bornhoft, I am currently the AGM of Mccarty's Restaurant. I am writing this letter in regard to Paul Speck. I have had the pleasure of working with Paul now for 6 months. Paul has been diligent in my training and learning here at my new position. His leadership and dedication are invaluable and I think he more than qualifies for our new liquor license. -Kyle Bornho HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Notices NOTICE OF APPLICATION TO TRANSFER A LIQUOR LICENSE Pursuant to the Weld County Code, a public hearing will be held 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, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior of the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4213, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to cwhite@weldgov.com. Docket #: 2022-81 Date: September 21, 2022 Time: 9:00 a.m. Applicant: ION, LLC dba McCarty's Eaton P.O. Box 240 Eaton, Colorado 80615 Request: Application to transfer a Hotel and Restaurant (County) Liquor License with one (1) Optional Premises from RnR, LLC, dba McCarty's at Eaton Country Club, 37661 County Road 39, Eaton, Colorado 80615, to ION, LLC, dba McCarty's Eaton, 37661 County Road 39, Eaton, Colorado 80615 Legal Description: Lot B of Lot Line Adjustment, LLA21-0026; being further described as part of N1/2 of Section 30, Township 7 North, Range 65 West of the 6th P.M., Weld County, Colorado Location: west of and adjacent to County Road 39; approximately 0.3 miles south of the intersection at County Roads 78 and 39, and 0.72 miles north of the intersection at County Roads 76 and 39 (see Legal Description for precise location) Board of County Commissioners Weld County, Colorado Dated: September 7, 2022 Published: September 9, 2022, in the Greeley Tribune Prairie Mountain Media, LLC si fi it respponaence mo weldgov.cwn. Docket #: 2022-81 Date: SeFtember 21, 2022 Time: 9:00 a.m. Applicant: ION, LLC "IIIVIK51:;;;;,5"transferafillrIpVii:""ra'"„auil-, n615on to transfer a Hotel and Restaurant uil-, ttyy) Liquor License with one (1) Optional Premises from RnR, LLC, dba McCarty's at Eaton Country Club 37661County Road 39, Ea- ton, Colorado 80615, to ION, LLC, dba MCCarty's Eaton, 37661 County Road 39, Eaton, Colorado 80615 Legal Descriptlonc Lot B of Lot line Adjustment, LLA21-0026; be- ing further North Rang Location: w PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, _Agent, being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites fora legal newspaper under Colo. Rev. Stat. 24-70-103, 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Sep 9, 2022 1" Signature 4!budurdseote day A Notary Public (SEAL) before me this SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 201740319S5 MY COMMISSION EXPIRES July 31, 2025 Account: 1099690 Ad Number: 1919195 Fee: $23.00 SIGN POSTING AFFADAVIT DATE: August 29, 2022 FROM: Chloe A. White, Deputy Clerk to the Board Supervisor SUBJECT: ION, LLC, dba McCarty's Eaton Pursuant to Article 3, Title 44, C.R.S., notice given by posting shall include a sign of suitable material, not less than twenty-two inches wide and twenty-six inches high, composed of letters not less than one inch in height and stating the type of license applied for, the date of the application, the date of the hearing, and the name and address of the applicant, and such other information as may be required to fully apprise the public of the nature of the application. I hereby certify that I provided the Notice Sign for notification of hearing to consider a liquor license application on this 09 +~day of /uctv5-+ , 2022. Ch oe A. White, Deputy Clerk to the Board Supervisor Date Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • cwhite@weldgov.com Chloe White From: Sent: To: Subject: Attachments: Daniel Kostrewa <mccartys39ecc@gmail.com> Thursday, September 8, 2022 2:14 PM Chloe White Fwd: NOTICE OF HEARING - Transfer Liquor License - ION, LLC, dba McCarty's Notice of Hearing - ION, LLC.pdf Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Chloe, attached are the 2 photos. Please let me know if you need anything else. •K, �+ t 't; •r Z�S�.' ,'fir Vag •• r' �i`1 .ltilt.'*• r .�� AY:ZI♦' �1% - %e ‘%\‘‘ 1 ‘114 tie- %::\:‘‘IS:'(;;%?:tt.:;:)).%;:;;::;"1:;;:tit:a%::kl6 414:714:4; $S$ti/Si/&* �31J1ire*, ;i:i�?�tJJk`�?tt_! +. •. ) ,;gib :. fi t.:e. —: 4�' ' Ctiarki st 1 ; it" '%:.• 'it' ..,..,:3/4.:,,::\I\'�i�►\�\1t\\\�ti\\�\�\\tint\.�t1/4 t �i 6 \ ,Z_Oi, �1(A1. - � ,,s- „hal jib August 25, 2022 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com ATTN: PAUL SPECK AND DANIEL KOSTREWA ION, LLC DBA MCCARTY'S EATON P.O. BOX 240 EATON, CO 80615 RE: APPLICATION FOR THE TRANSFER OF A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S EATON Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for the transfer of a liquor license at the property described as: 37661 County Road 39, Eaton, Colorado 80615. The meeting is scheduled for Wednesday, September 21, 2022, 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. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or cwhite@weldgov.com. Sincerely, C9 -Q°",,_ Chloe A. White Deputy Clerk to the Board Supervisor cc: Weld County Attorney's Office From: Chloe White To: mccartys39ecc@gmail.com Subject: NOTICE OF HEARING - Transfer Liquor License - ION, LLC, dba McCarty"s Date: Thursday, August 25, 2022 10:06:00 AM Attachments: Notice of Hearing - ION, LLC.pdf Good morning, This is to advise you that the Weld County Board of Commissioners will hear your request for the transfer of a liquor license at the property described as: 37661 County Road 39, Eaton, Colorado 80615. The meeting is scheduled for Wednesday, September 21, 2022, at 9:00 a.m. Please see the attached letter for further information (hard -copy to follow). Additionally, by the start of next week, I will have the sign posting available for pick-up at the front desk of the Clerk to the Board's Office. The sign needs to be posted no later than Friday, September 9, 2022. Please post the sign at the entrance to the premises (the restaurant). The sign can be taped up, zip tied, etc. You'll need to email me two (2) photos of the sign posting — one photo that's far enough away that I can tell where at the establishment it is posted, and one photo that is close enough that I can read the sign. The photos must be emailed to me no later than Friday, September 9, 2022. If you have any questions, please let me know. Best, Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite@weldgov.com 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. WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING FIRST ' NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL OST PAUL SPECK ION, LLC, DBA MCCARTY'S EATON PO BOX 240 EATON CO 80615 DANIEL KOSTREWA mccartys39ecc@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 25th day of August, 2022. C . Chloe A. White Deputy Clerk to the Board Supervisor HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Receipts RECEIPT DATECoIOS J GOca N0. 91859 0 in O 0 0 CO cc z N- U U o 8 a woo RECEIVED FROM t0fl P le C C k bQa cca►r+ 5a 0-•-i-on ADDRESS -I oCO I cag 3c 2atonf Cam' O $Oc,l _r.Hundre ci *°%s L 700- 00 FOR `9T4 ► EJ Lama R — -Mans r' L. 6�ssCHECRo��e,4 53 lel4-tab W/ Ont. op B bj1 wit v':ae&:.Se ? "#FCC ION Lie OBA McCartys Eaton 37661 VVCR 39 Eaton. CO 80515 Mend a Bank of Colorado 82-244h070 —mart ,l 4swoLuz cued Ceylon 1x.1 :c 'edi chilan . Milt ;LID VALID;:si,9114 VALID VA Elie VALID)lft AUTHOFitZEO I GNA-URE 0753 1-79/zz- $ 1100 Thank You II, DOLLARS CI C 4) U. 3 LA al a�em:,rntit:-sue.. saq�.stria+�•�:•�•Y�"{�i`L�9%+v�&v�]d{2.'•9Cf' iSC^.^�.t_%J3'�-iR:•.'�i�.3Q:p'•7RC•a�n.�5•S'.Z6:m'*J67yeE+t�r..;CCCi:'a!6'`•a^�3G:�316:�'7'''SrOC'._•'dy` _,.V4*C,. fit. �L'''-':'ffi_.tiR1G.*94"o:SRb'3y":.[[•DlEta'.]6y.�S'l�:e'ffi1:.96e'0Fa`ffi36srd611&G39t6'sa@4*iodC"z Co en 0 a) -a a co co 28 4m 00 c7 0 co 0 a) RECEIPT DATE rn { O cl i W' NO 91860 RECEIVED FROM "rO at:toss-en C -Ca cat`-Fds ►OL4Ct) ADDRESS ` W9 ! ,~" 0 t cx#en , co Oco\'5 i o+ c -k a n d re. l w ex)- Five # sees. es . o o FOR U T L s C - "�s L: . Lis .. , I .tezt mot - R "I Orv2a OP BY IHQW:PAID e 00 ION LLC DBA McCartys Eaton 37661 VVCR 39 Eton. CO 80615 j VAllit �lA :Ll$ VALID S*1 ►.'`IALII VA ls� VAIIC "xa AtffHoR17ko $113NATURF, aerJEr: .m3rc A6. •Y;Oa:TR t c7 .'9S'+: iFad .nr J DOLLARS I 1lII' I l III III -coal • HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Staff Referral Responses Chloe White From: Sent: To: Subject: Attachments: Good morning, Chloe White Friday, August 26, 2022 10:46 AM Bethany Pascoe; Bruce Barker; Caitlin Perry; Curtis Hall; Cynthia Villanueva; Elizabeth Relford; Gabri Vergara; Jay McDonald; Karin McDougal; Lauren Light; Maxwell Nader; Michael Knee; Nick Trautner; Robert Adriaens; Sam Kaneta III; Tom Parko Jr.; Tonya Johnson; Wendi Inloes TRANSFER LIQUOR LICENSE - ION, LLC, dba McCarty's Staff Referral Memo - ION, LLC.pdf; Transfer Liquor License - ION, LLC.pdf In accordance with the procedures for processing Transfer 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: Friday, September 16, 2022 Please note: 1. Applicant: ION, LLC, dba McCarty's Paul Speck and Daniel Kostrewa Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 2. Hotel and Restaurant (County) Liquor Licenses with One (1) Optional Premises allow malt, vinous, and spirituous liquors to be sold/served for on -premises consumption only, and in the optional premises (golf course). 3. Full meals are required to be served. 4. The property is permitted under USR-1241. Thank you, Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhited)..weldgov.com 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: Chloe A. White DEPARTMENT: Clerk to the Board's Office DATE: 8/25/2022 SUBJECT: Transfer Liquor License Application The Weld County Clerk to the Board's Office has received an application for the transfer of a liquor license in Unincorporated Weld County: 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 Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Friday, September 16, 2022 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) 400-4213 or cwhite a,weldgov.com. El El El ❑ 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 transfer 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 liquor licensing authority shall use the information resulting from the fingerprint -based and, if applicable, name -based criminal history record check to investigate and to determine if an applicant is qualified for a license pursuant to Articles 3 and 4 of Title 44, C.R.S. However, pursuant to the CJIS Security Policy, the Clerk to the Board's Office (CTB) is not authorized to reveal to the Board of County Commissioners and County Attorney's Office if a criminal history record exists. Nor is CTB authorized to disclose the results of said criminal history record. The applicants, Paul Speck and Daniel Kostrewa, have been reviewed by CTB and received a green light -approved standing. MEMORANDUM TO: Board of County Commissioners FROM: Sam Kaneta III, Captain DEPARTMENT: Weld County Sheriffs Office DATE: 26 Aug '22 SUBJECT: Transfer Liquor License Application The Weld County Clerk to the Board's Office has received an application for the transfer of a liquor license in Unincorporated Weld County: 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 Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Friday, September 16, 2022 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) 400-4213 or cwhitena.weldgov.com. 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 transfer application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. No concerns MEMORANDUM TO: Board of County Commissioners FROM: Nick Trautner DEPARTMENT: Environmental Health DATE: 8/29/22 SUBJECT: Transfer Liquor License Application The Weld County Clerk to the Board's Office has received an application for the transfer of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional Premises Applicant(s): ION, LLC, dba McCarty's; Paul Speck and Daniel Kostrewa Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Friday, September 16, 2022 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) 400-4213 or cwhitetS,weldgov.com. 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 transfer 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: Cynthia Villanueva DEPARTMENT: Planning/Building DATE: 09/08/2022 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 w/ One Optional Premises Applicant(s): ION LLC, dba McCarty's at Eaton Country Club Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Friday, September 16, 2022 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) 400-4213 or cremoelna.weld tov.com. 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: Curtis Hall DEPARTMENT: Public Works DATE: 09/20/2022 SUBJECT: Transfer Liquor License Application The Weld County Clerk to the Board's Office has received an application for the transfer of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional Premises Applicant(s): ION, LLC, dba McCarty's; Paul Speck and Daniel Kostrewa Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Friday, September 16, 2022 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) 400-4213 or cwhite(c,weldgov.com. El 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 transfer 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: Rob Adriaens DEPARTMENT: Building DATE: 9/20/22 SUBJECT: Transfer Liquor License Application The Weld County Clerk to the Board's Office has received an application for the transfer of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License with One (1) Optional Premises Applicant(s): ION, LLC, dba McCarty's; Paul Speck and Daniel Kostrewa Address: 37661 CR 39, Eaton, CO 80615 File Location: LC0037 Reply By: Friday, September 16, 2022 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) 400-4213 or cwhiteAweldgov.com. ❑✓ El El 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 transfer application. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE WITH ONE (1) OPTIONAL PREMISES - ION, LLC, DBA MCCARTY'S Miscellaneous Correspondence September 22, 2022 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION P.O. BOX 17087 DENVER, CO 80217-0087 RE: APPLICATION FOR TRANSFER OF HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - ION, LLC, DBA MCCARTY'S EATON To Whom It May Concern: Please see the attached transfer application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved the application on Wednesday, September 21, 2022. Check #: 753 Check Date: 6/9/2022 Amount: $1,700.00 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@weldgov.com 9/22/22, 12:29 PM FedEx Ship Manager - Print Your Label(s) n O Co vo m " z� LLZ6 9ZO L 0011 1HOINN3AO AlI ORId VOfi:01 d3S £Z - INJ J223022001201uv 18011. X08 Od 0 C 0 O vm O 00 m13 � m �m E Z m O≤'^ T V/ m z Z m m 581 J1:EC8CJFE2D N N � D N O N O O N ri,r1 After printing this label: 1. Use the 'Print. button on this page to print your label to your laser or inkjet printer. 2. Fold the printed page along the horizontal line. 3. Place label in shipping pouch and affix it to your shipment so that the barcode portion of the label can be read and scanned. Warning: Use only the printed original label for shipping. Using a photocopy of this label for shipping purposes is fraudulent and could result in additional billing charges, along with the cancellation of your FedEx account number. Use of this system constitutes your agreement to the service conditions in the current FedEx Service Guide, available on fedex.com.FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non-delivery,misdelivery,or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim.Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any loss, including intrinsic value of the package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental,consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannot exceed actual documented loss.Maximum for items of extraordinary value is $1,000, e.g. jewelry, precious metals, negotiable instruments and other items listed in our ServiceGuide. 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 9/22/22, 12:29 PM 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.: 770010269277 Ship date: 09/22/2022 Estimated shipping charges: 7.66 USD Package Information Pricing option: FedEx Standard Rate Service type: Priority Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 1 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. WHITE ADDITIONAL INFO: CTB DEPARTMENT ORGANIZATION CODE: 10400 Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will not be responsible for any claim in excess of $100 per package, whether the result of loss, damage, delay, non -delivery, misdelivery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a timely claim. Limitations found in the current FedEx Service Guide apply. Your right to recover from FedEx for any bas, including intrinsic value of the package, loss of sales, income interest, profit, attorneys fees, costs, and other forms of damage whether direct, incidental, consequential, or special is limited to the greater of $100 or the authorized declared value. Recovery cannel exceed actual documented loss. Maximum for items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable instruments and other Items listed in our Service Guide. Written claims must be flied within strict time limits; Consult the applicable FedEx Service Guide for details. The estimated shipping charge may be different than the actual charges for your shipment. Differences may occur based on actual weight, dimensions, and other factors. Consult the applicable Fed6c Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fe d ex. corn/shipping/s h i p me ntConfi rmatio nActi o n.handle?method =d o Co n t i n u e 2/2 Chloe White From: Sent: To: Subject: Attachments: Good morning, Chloe White Thursday, March 31, 2022 10:48 AM mccartys39ecc@gmail.com Transfer Liquor License Application DR 8004.pdf I have finished reviewing your transfer liquor license application and am wondering if I can schedule a time for you both to come into the office to make a couple of corrections to documents in the application packet, sign a couple of pages, and submit the fees? When works best for you both? Also, I am missing a couple of items. Please see below for further information. 1. Purchase agreement for the liquor license/restaurant between ION, LLC, and RnR, LLC (signed by Bill), or a notarized letter from him authorizing the purchase. 2. Wholesaler affidavit of compliance from the current wholesalers (form attached). 3. Articles of Organization from the Colorado Secretary of State: https://www.coloradosos.gov/biz/BusinessEntityCriteriaExt.do. 4. Certificate of Good Standing from the Colorado Secretary of State: https://www.coloradosos.qov/biz/BusinessEntityCriteriaExt.do. Thank you, * Please note: my email address has changed from crempelweldctov.com to cwhite@weldgov.com — please use the new email address * Chloe A. White Deputy Clerk to the Board Supervisor Weld County Clerk to the Board's Office 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: cwhite@weldgov.com 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. Hello