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Home My WebLink About20203296.tiffRESOLUTION RE: APPROVE RENEWAL APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE FROM COL -BARB, LLC, DBA MAGGI'S KITCHEN, AND AUTHORIZE CHAIR TO SIGN - EXPIRES OCTOBER 24, 2021 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, Col -Barb, LLC, dba Maggi's Kitchen, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Hotel and Restaurant (County) Liquor License, for the sale of malt, vinous, and spirituous liquors, subject to the rules and regulations found in Article 3, Title 44, C.R.S., and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $175.00 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous, and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 3815 State Highway 119 Longmont, Colorado 80504 WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the first available "responsible vendor" class after hiring. Evidence of such shall be included in the referral report submitted by the Sheriff's Office at the time of annual renewal. cc ` ocRG(MK(mac), CAC ')' APPt- O(1la/al 2020-3296 LC0014 RENEW LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Weld County, Colorado, having examined said application and the other qualifications of the applicant, does hereby grant License Number 2020-17 to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until October 24, 2021, 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 9th day of November, A.D., 2020, nunc pro tunc October 24, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d',4ttitAA) .114a:4 Weld County Clerk to the Board County A torney Date of signature: I l I l a l aO " Mike Freeman, Chair Stev= Morena, ro-Tem 2020-3296 LC0014 � `JJ�.J�JJJ✓�J�J��J` Jam' JJ` JJ` _�J.../` Jy`JJI JJl J I1 Aki u IL a. P j 2_ GO_UNTY QUOR License Fee $175.00 COUNTY OF WELD BY AUTHORITY OF THE BOARD OF COUNTY TY COMMISSIONERS TEL AND RESTAURANT (COUNTY) LIQUOR LICENSE T, VINOUS, AND SPIRITUOUS LIQUORS Q S a Ma g tO he Co 1 en, of the State of Colorado, having applied for a License to sell malt urer the sum of One Hundred Seventy -Five and[00/1001 It, vinous, and spirituous liquors se _-....r.g more • ses only, s a owl and Restaurant (County),, at Wu tate of Colorado, for a period ess this icens is revoked sooner r • re 80504, in THIS LICENSE EXPIRES OCTOBER 24, 2021 °CI'S ..../ruSat4""RarSigal"... ..C Licence Number 2020-17 STATE OF COLORADO RETA! L This is to Certify, that Col -Barb L C, vinous, and spirituous liquors, and having Dollars; therefore, the above applicant is hereb 1 than 3.2°/o Alcohol by weight, by � g the drink for consumption on address of 3815 State ig' r p Highway 119, Longmont, Col orado , beginning on the 25th day of October, and 2020, and ending the 24th as provided by law. on day of October, 2 •1 n • fW 21 This license is issued subject to the Laws of the State of Color Colorado Revised Sado and especially under the r tatues, as amended. p ovisions of Article 3 of Tide 44, IN TESTIMONY WHEREOF the Board of County Commissioners authorized this 9th day of has hereunto subscribed its November, 2020, nunspro tuncname by its officers duly October 24, 2020. - TTESZ T: adrift/NJ cdC tido:4A eputy Clerk to the Board �-Y CJ' —C' —CJ' —/sew '�GiC�'c TO BE POSTED IN A CON BY The Board of County Commissioners (:hair, Board of County Commissioners l l l L 1, CS'Is* es es r ens euss es es es raiz° LACE. NON --TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORA DEPARTMENT OF REVE LIQUOR ENFORCEMENT DI 1697 Cole Blvd, Suite 200 Golden, CO 8 COL -BARB, LLC dba MAGGI'S KITCHEN ti 3815 STATE HIGHWAY 1 Longmont CO 80504 ALCOHOL Liquor License Numb0 03-12552 RAGE LICENSE License Expires at Midnight 10/24/2021 License Ty HOTIW Rf STAU T (COUNTY) Authoriz Bever T..YI OUS AND SPIRITUOUS LIQUOR This license is issue subject to the laws of the State of Colorado and especially under the provision Title 4 shall b the e to: C , Articles 4, 3, CRS 1973, as amended. This license is nontransferable and uously posted in the place above described. This license is only valid through n date shown above. Any questions concerning this license should be addressed o Liquor Enforcement Division, 1697 Cole Blvd, Suite 200 Golden, CO 80401. Iamon71►hereof, I have hereunto set my hand. 11/24/2020 CM fize elle Stone-Principato, Division Director Heidi Humphreys, Interim Executive Director N U' a ID CERTIFICATE OF DELIVERY DATE: January 12. 2021 FROM: Chloe A. Rempel, Deputy Clerk to the Board Supervisor SUBJECT: Col -Barb. LLC, dba Maggi's Kitchen I hereby certify that I have sent the below documents in accordance with the requirements of We'd County and the Colorado Department of Revenue, Liquor Enforcement Division.. on this 12th day of January, 2021. One copy of the signed Weld County Resolution approving Renewal Application for a Hotel and Restaurant (County) Liquor License One original Weld County Liquor License One copy of Colorado Liquor License U.S. Postal Service" CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com ago Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ ❑ Return Receipt (electronic) $ ❑ Certified Mail Restricted Delivery $ Adult Signature Required $ Adult Signature Restricted Delivery $ Postage Total Postage and Fees Sid astass Postmark Here Qtfra/@l [`- Sent To f4 --in Caro t ncor a COI" ( rtc-�p • LLC be • s e ' s t pit t.f1 _ _. O Street and Apt. No., or PO Box No. N IO ! H +h Stseq-t Cis , State, ZIP+4® Se a • VO O PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions Weld County • Clerk to the Board's Office • 1150 O Street. Greeley. CO 80631 • (970) 400-4213 • crempel@weldgov.com DR 8400 (07/24/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Retail Liquor or Fermented Malt Beverage License Renewal Application Instructions 1. Complete entire application and attach details, if necessary. 2. Submit application 45 days prior to expiration to your local city or county licensing. Do not submit to the State. 3. Submit the appropriate renewal license fee by license type: License Type Fee License Type Fee Fermented Malt Beverage Off Premise (city) $ 96.25 Hotel & Restaurant / Optional Premise (city) $ 600.00* Fermented Malt Beverage Off Premises (county) $ 117.50 Hotel & Restaurant / Optional Premise (county) $ 600.00* Fermented Malt Beverage On Premise (city) $ 96.25 Liquor Licensed Drug Store (city) $ 227.50 Fermented Malt Beverage On Premises (county) $ 117.50 Liquor Licensed Drug Store (county) $ 312.50 Fermented Malt Beverage On/Off Premises (city) $ 96.25 Liquor Store (city) $ 227.50 Fermented Malt Beverage On/Off Premises (county) $ 117.50 Liquor Store (county) $ 312.50 Arts License (city) $ 308.75 Optional Premises (city) $ 500.00 Arts License (county) $ 308.75 Optional Premises (county) $ 500.00 Beer & Wine (city) $ 351.25 Racetrack License (city) $ 500.00 Beer & Wine (county) $ 436.25 Racetrack License (county) $ 500.00 Brew Pub (city) $ 750.00 Resort Complex (city) $ 500.00 Brew Pub (county) $ 750.00 Resort Complex (county) $ 500.00 Campus Liquor Complex (city) $ 500.00 Related Facility - Campus Liquor Complex (city) $ 160.00 Campus Liquor Complex (county) $ 500.00 Related Facility - Campus Liquor Complex (county) $ 160.00 Campus Liquor Complex (state) $ 500.00 Related Facility - Campus Liquor Complex (state) $ 160.00 Club License (city) $ 308.75 Retail Gaming Tavern (city) $ 500.00 Club License (county) $ 308.75 Retail Gaming Tavern (county) $ 500.00 Distillery Pub (city) $ 750.00 Tavern (city) $ 500.00 Distillery Pub (county) $ 750.00 Tavern (county) $ 500.00 Hotel & Restaurant (city) $ 500.00 Vintner's Restaurant (city) $ 750.00 Hotel & Restaurant (county) $ 500.00 Vintner's Restaurant (county) $ 750.00 * Plus $100.00 for each additional optional premise(s) Liquor eruurcemern urvrsron Submit to Local Licensing Authority RECEIVED OCT 16 2020 WELD COUNTY COMMISSIONERS menewal ree Storage Permit $100 X $ Sidewalk Service Area $75.00 $ Additional Optional Premise Hotel & Restaurant $100 X $ Related Facility - Campus Liquor Complex $160.00 per facility $ Amount Due/Paid $ Make check payable to: Colorado Revenue. The State may convert your check Department of to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. Retail Liquor or Fermented Malt Beverage License Renewal Application Please verify & update all information below Return to city or county licensing authority by due date Licensee Na �i^� b\ �wf 'D Doing Bu ness As Name (DBA) ,, �( /%/� / , -5 (C(1L�ve 1 Liquo License # 'olM -a3 License Type l-i Sales Tax License # ova a3axe: E .I : .n Date act-,. Due Date i BusinessAdddresss� ` Hot /y��( a �- 3S( W '1 1^ 'i /n W C Phone Number Mailin. Address ___. 0 . - '-(1- (Sire -el- Ite-enb1d ai (O�y, / ncu _ ' (D 7 ctrou erating Manager Dat of Birth Home Address 1 of - h fw - Co u Phone umber_;.m 3- r- q 1. Do you ave legal possession of the premises at the treet address above? Are the premises owned or rented? ❑ Owned Rented* *If rented, expiration es ❑ No date of lease 21 2. Are you renewing a storage permit, additional optional premises, sidewalk service area, or related facility? If yes, please see the table in upper right hand corner and include all fees due. ❑ Yes No 3a. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a tax agency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business? ❑ Yes o 3b. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? ❑ Yes 7 No 4. Since the date of filing of the last application, has there been any change in financial interest (new notes, loans, owners, etc.) or organizational structure (addition or deletion of officers, directors, managing members or general partners)? If yes, explain in detail and attach a listing of all liquor businesses in which these new lenders, owners (other ttp licensed financial institutions), officers, directors, managing members, or general partners are materially interested. ❑ Yes No 5. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. ❑ Yes No 6. Since the date of filing of the last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, or had interest in any entity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed explanation. ❑ Yes Itd-No 7. Does the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) have a direct or indirect interest in any other Colorado liquor license including loans to or from any licensee or interest in a loan to any licensee? If yes, attach a detailed explanation. ❑ Yes No 2 DR 8400 (07/24/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Affirmation & Consent I declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge. Type orf not Name of pplicant/Authorized Age ofBusiness ss Or --( Title Sign Date Report & Approval o i or ounty Licensing Authority The foregoing application has en examined and the premises, business we do hereby report that such license, if granted, will comply with the conducted and character of the applicant are satisfactory, and provisions of Title 44, Articles 4 and 3, C.R.S., and Liquor Rules. Therefore this application is approve EL,® Local Licensing Authority For Weld County, Colorado Date 11/9/2020 Signature 44 �LGG.--�.� ,i�5I1 Title Mike Freeman, Chair County Board of Commissioners Attest Esther E, Gesi^ Clerk to the �.v Board 3 02a,26. " 002'76' uyuu� oiwn.cn�w IL VIVWNII Tax Check Authorization, Waiver, and Request to Release Information I, am signing this Ta Check Authorization, Waiver (the and Request to Release "Applicant/Licensee") release information and for someone other than Waiver on behalf of the and oversees the and documentation license application section 44-3-101. et seq. with certain tax licensing authorities may and payment obligations. resolution or ordinance with state or local state and local licensing whichever is later. with the renewal any other state or local and documentation to duly licensing authorities, and Applicant/Licensee legal representatives, to action regarding the Information (he n "Waiver") on to permit the Colorado Department of documentation that may otherwise be myself, including on behalf of a business Applicant/Licensee. The Executive Director of the Colorado Colorado Liquor Enforcement Division obtained pursuant to this Waiver may and ongoing licensure by the state and ("Liquor Code"), and the Colorado Liquor obligations, and set forth the investigative, take for violations of the Liquor Code The Waiver is made pursuant to section concerning the confidentiality of tax information, taxes. This Waiver shall be valid until authorities take final action to approve Applicant/Licensee agrees to execute of any license, if requested. By signing below, Applicant/Licensee taxing authority or agency in the possession the Colorado Liquor Enforcement Division, authorized representative under section their duly authorized employees, to investigate authorizes the state and local licensing use the information and documentation application or license. behalf of �O k - Revenue and any other state or local taxing authority to confidential, as provided below. If I am signing this Waiver entity, I certify that I have the authority to execute this Department of Revenue is the State Licensing Authority, as his or her agents, clerks, and employees. The information be used in connection with the Applicant/Licensee.'s liquor local licensing authorities. The Colorado Liquor Code, Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance disciplinary and licensure actions the state and local and Liquor Rules, including failure to meet tax reporting 39-21-113(4), C.R.S., and any other law, regulation, or any document, report or return filed in connection the expiration or revocation of a license, or until both the or deny any application(s) for the renewal of the license, a new waiver for each subsequent licensing period in connection requests that the Colorado Department of Revenue and of tax documents or information, release information and is duly authorized employees, to act as the Applicant's/Licensee's 39-21-113(4), C.R.S., solely to allow the state and local compliance with the Liquor Code and Liquor Rules. authorities, their duly authorized employees, and their obtained using this Waiver in any administrative or judicial Name (Individual/Business c�VCf rI fl_Social `(r -3' LACIA5 Security Number/Tax Identification Number Address City i� rr1�Yvl S to 10— Zip D5 3(1 Home Phone K, „ber " Business/Work Phone Number 3d_(O1i—elIo° Prin name of p rsopsignin�gonn behalf the Applicant/L' fn ee A ant/Licensees Signature (Signatur authorizing the disclosure of confidential tax information) Date signed Privacy Act Statement Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied as a result of refusal to disclose it. § 7 of Privacy Act, 5 USCS § 552a (note). 4 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Col -Barb LLC is a Limited Liability Company formed or registered on 02/16/2016 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 20161109165 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 10/26/2020 that have been posted, and by documents delivered to this office electronically through 10/27/2020 @ 16:07:03 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 10/27/2020 @ 16:07:03 in accordance with applicable law. This certificate is assigned Confirmation Number 12689671 . 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 fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.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:// www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." INDUSTRIAL LEASE AGREEMENT Gross Lease (MODIFIED) THIS LEASE AGREEMENT (the "Lease") dated this day of August, 2019, is executed by and between KBSB investment Inc, Colorado Corporation., hereinafter referred to as "Landlord," and COL -BARB LLC, a Colorado Limited Liability Company, hereinafter referred to as "Tenant." In consideration of the payment of the rent hereunder provided and the keeping and performance of each and every one of the covenants, agreements and conditions of Tenant hereinafter set forth, Landlord does hereby lease unto the said Tenant the following property: 3815 State Hwy 119, Longmont CO 80751, and adjoining parking lot area (the "Property"). and all improvements currently existing or hereafter constructed thereon, subject to the following terms, provisions, covenants, and agreements. 1. Demised Promises. Landlord does hereby lease and demise to Tenant and Tenant hereby leases from Landlord, upon the terms and provisions cfthis Lease, the Property. 2. Condition of Property. The taking of possession of the Property shall be deemed an acceptance of the same by Tenant in its "AS IS" condition without any obligation whatsoever on the part of Landlord to repair, remodel, reconstruct or modify the Property for Tenant. Tenant agrees that It will be responsible for improving the Property for its intended use in accordance with Paragraph 12 below. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. 3. Security for Performance of Lease. $9,700 is required front Tenant pursuant to the terms of this Lease. 4. Use of Property. Tenant (and Tenant's assignee or sublessee) shall use the Property for the operation of a restaurant called Rinn Valley. Tenant shall not use the Property in such a way as to cause unreasonable depreciation and shall neither permit nor suffer any disorderly conduct, noise or nuisance whatever in or about the Property. Tenant shall not use or permit the Property to be used for any business or purpose deemed by Landlord to be extra hazardous, or in any manner as to constitute a violation of any present or future federal, state, county and mur. .cipal laws, rules, regulations, requirements or orders of any lawful governmental or public authority relating to the Property; and Tenant covenants and agrees at its sole cost and expense to fully and promptly comply with all such regulations. Failure of Tenant to comply with any provision of this paragraph 4 shall be deemec an "Event of Default." 5. Rent. 5.1. Monthly Rent and Term. The initial Term of this Lease shall be 2 years, commencing on the Commencement Date. 'tenant shall have the option of one 2 -year renewal term, subject to the terms of this Lease. Tenant shall exercise such option during the last year of the initial Term, but no later than 6 months prior to the end of the initial Term. Tenant agrees to pay Landlord as guaranteed monthly rent ("Gross Lease") for the Property for the full term hereof, payable in monthly installments of $4,850.00 each. Rent payment shall be payable in advance, and without notice, deduction, offset or demand, by the third day of each calendar month during the term hereof, commencing on the Rert Commencement Date, as defined in paragraph 6. Such payments shall be made to Landlord at the address set forth in paragraph 24 below or hereafter or a: such other address as Landlord may designate in writing from time to time. In the event that Tenant takes possession of the Property on a date other than the first day of the month, then the guaranteed monthly Rent for the first month of the term hereof shall be prorated on a per diem basis and shall be immediately paid to Landlord. Page 5.2. Additional Rent. In addition, the Tenant shall pay to Landlord such amounts as may be referred to herein as "Additional Rent." Additional Rent includes all expenses associated with the Property of any kind whatsoever, except those specifically, undertaken by Landlord pursuant to this Lease. 6. Rent Commencement Date - Term, This Lease shall be effective on the date first set forth above. The Rent Commencement Date shall be the date of this Lease. If the Rent Commencement Date is the first day of a calendar month, "Lease Year" shall mean the 12 -month period commencing on the first day of such month. If the Rent Commencement Date is a day other than the first day of a calendar month, the first "Lease Year" shall commence on the Rent Commencement Date and shall end or. the last day of the month in which the one-year anniversary of the Rent Commencement Date occurs, and all subsequent "Lease Years" shall be the twelve month periods beginning en the first day of the month foliowirg the month in which the Rent Commencement Date occurs. The Term of the Lease shall commence on the Rent Commencement Date and shall end or the last day of the second (2nd) Lease Year. 7. Landlord and Tenant Responsibilities. Landlord shall he responsible for paying utilities (except trash removal), the real estate property taxes on the Property, and for no other expenses, Tenant shall be responsible for all other expenses, including parking lot maintenance for Tenant parking, and all other maintenance, repairs, replacements and improvements to the Property in accordance with Paragraphs 10, 11 and 12 hereof as Additional Rent. 8. Taxes. Tenant shall pay all taxes (other than real estate property taxes) prior to delinquency al'. taxes levied against the Property and all personal property and trade fixtures placed by Tenant in the Property. If any such taxes for which Tenant is liable are not paid when due and if Landlord elects to pay the same, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 9. Insurance. 9.1 Tenant shall procure and maintain throughout the term of this Lease such nolicv or policies of insurance upon the Property, at its sole cost and expense. as Landlord may require. All policies of insurance required hereunder shall name Landlord and Tenant as named insureds and shall provide that the proceeds of such insurance shall be payable to Landlord and Tenant, as their interests may appear. If required by Landlord, such policies shall contain a loss payable endorsement in favor of the holder of any mortgage or deed of trust on the Property or any portion thereof. All insurance shall be effected under valid and enforceable policies issued by insurance companies authorized to do business in Colorado and approved by Landlord. The insurance policies shall be endorsed to indicate that Tenant's coverage shall not be invalid due to any act or omission on Landlord's part. 9.2 Landlord and Landlord's agents and employees shall not be liable to Tenant, nor to Tenant's employees, agents or visitors, nor to any other person whomsoever, for any injury to person or damage to the Property or other portions of the Property caused by disrepair or by defect or failure of any structural element of the Property or of any equipment, pipes or wining, or broken glass, or by the hacking up of drains, or by gas, water, stream, electricity, or oil leaking- escaping or flowing into the Property, nor shall Landlord be liable to Tenant, nor to Tenant's employees, agents or visitors, nor to any other person whomsoever, for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever, excepting only duly authorized employees and agents of Landlord. Landlord shall not be held responsible in any way on account of any construction, repair or reconstruction (including widening) of any private or public roadways, walkways or utility lines. 9.3 Landlord shall not be liable to Tenant or to Tenant's employees, agents, or visitors, or to any other person whomsoever, for any injury to person or damage to property on or about the Property caused by the negligence or misconduct of Tenant, its employees, subtenants. licensees or concessionaires, or of any other person entering the Property under express or implied invitation of Tenant, or arising out of the use of the Property by Tenant and the conduct of its business therein, or arising out of any breach or default by Tenant in the performance of its obligations under this Lease; and Tenant hereby agrees to defend and indemnify Landlord and hold Landlord harmless from any loss, expense or claims arising out of such damage or injury. 2 2iage 9.4 Tenant, at its sole cost and expenses, shall maintain occurrence basis commercial general liability insurance with single combined liability limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Pour Million Dollars ($4,000,000.00) in the annual aggregate insuring against all liability of tenant and its authorized representatives arising out of or in connection with tenant's use or occupancy of the premise. 10. 1.1U1. Beginning on the date Landlord delivers possession of the Property to Tenant, landlord shall pay, when due, in addition to any other payments recuired hereunder, the costs of all utilities, including, but not limited to, gas, electricity, water and sewer, used and consumed by Tenant. Tenant shall be responsible for paying n'ash removal of the premise. 11. Ma•ntenance. All repairs or maintenance to the Property shall be made by Tenant at Tenant's expense, and Tenant agrees to maintain the Property and all improvements, fixtures and equipment at any time located upon the Property in good repair, including, but not limited to, the floors, walls, plumbing, electrical wiring and fittings, air conditioning, roof heating fixtures, sewer pipes, water pipes and heating pipes, and to keep the interior of the Property painted and clean, and to he responsible for all glass; provided, however, that any repairs, replacement or installation of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Tenant shall keep the parking areas, storage areas, landscaping and sidewalks at the Property free from ice and snow, litter, debris, dirt and obstruction. 12. Alterations. Tenant shall make no alterations, changes, additions or improvements to the Property without Landlord's prior written consent after receipt of plans and specifications. No such alteration, change, addition or improvement shall be done so as to lessen or materially and disadvantageously affect the value of the Property. Landlord shall not under any circumstances whatsoever be liable for the payment of any expense incurred or the value of any work done or material furnished to the Property by virtue of any construction, alteration, change, addition or improvement undertaken by Tenant. All such work shall be done in a good and workmanlike manner and in compliance with the applicable building and zoning laws and other Regulations at Tenant's sole cost and expense, and Tenant shall he wholly responsible to all contractors, subcontractors, laborers and materialmen therefor. Tenant shall pay for all the foregoing so that no lien shall be asserted against the Property or the Property. Within five (5) days after notifying Landlord of any planned construction, alteration, removal, addition, repair or other improvements, Tenant shall post and keep posted until completion of such work, in a conspicuous place upon the doors providing entrance to the Property, and shall personally serve upon such contractors or subcontractors performing such work, a notice slating that to the extent allowable under applicable law, Landlord's interest in the Property shall not be subject to any lien for such work. Tenant shall defend and indemnify and save Landlord harmless from and against any liabilities, damages or penalties, and any costs, expenses, or claims of any kind or nature arising out of said construction, alteration, or additions, or otherwise, and such indemnification shall apply to any damages or injury to person or property resulting therefrom. 12.: Removal of Fixture. Upon termination of this Lease or Tenant's right to possession of the Demised Premise, by Lapse of time or otherwise, all installations, additions, partitions, hardware, light fixtures, floor covering, non -trade fixtures and improvements, temporary or permanent whether place there by tenant or landlord, shall be Landlord's property end shall remain upon the Demised Premise, all without compensation, allowance or credit to Tenant; provided, however, that if prior to any such termination or within thirty (30) calendar days thereafter Landlord so directs by notice, Tenant, at Tenant's sole expense, shall promptly remove such of the installations, additions, partitions, hardware, light fixtures, flour coverings, ion -trade fixtures and improvements in or to the Demised Premises by or on behalf of removal, failing which Landlord may remove the same and repair the Demised Premises, and Tenant shall pay the cost thereof to Landlord on demand. 13. Lien Protection. Tenant agrees that at no time during the term of this Lease will Tenant permit a lien or encumbrance of any kind or nature to come into existence against the Property, Tenant's interest therein, or the Property. 1f at any tine a lien or encumbrance is hied or recorded against the Property or the Property as a result of Tenant's failure to satisfy same, Tenant shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within thirty (30) days from the date it is filed or recorded against the Property, Tenant agrees it will deposit with Landlord an amount in cash equal to one hundred fifty percent (150%) of the amount of the lien filed or post a bond reasonably satisfactory to Landlord and shall leave the same on deposit with Landlord until said lien is discharged. 14. Signs. Tenant shall not install any signs, window lettering or other advertisement in, upon or around the Property without the prior written approval of Landlord, which shall not be unreasonably withheld. 15. Tenant's Covenants. Tenant, in consideration of the leasing of the Property, as aforesaid, and in addition to any and all covenants hereinabove and hereinafter included in this Lease, covenants and agrees as follows: 15.1 To permit Landlord or its agents to enter upon the Property at any time for the purpose of inspecting and of making repairs. alterations or improvements to the Property or to the Property. 15.2 To keep the Property clean, and in the sanitary condition required by all local, state and feceral governmental agencies. 15.3 Neither to permit nor suffer any unreasonable noise or disturbances whatever, other than those incident to Tenant's regular business. 15.4 Neither to permit nor suffer the Property or the walls or floors thereof, to he endangered by overloading 15.5 Not to use the Property for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor to make any alterations or changes in, upon or about the Property without first obtaining the written consent of Landlord therefor. 15.6 To surrender and deliver up possession of the Property and any appurtenances thereto promptly upon the termination of this Lease. 15.7 To continuously throughout the term of this Lease conduct and carry on in the entire Property the type of business for which the Property are leased and not at any time permit the Property to become vacant. 16. Casualty Damage If the Property or the Property are damaged as a result of fire or other casualty, Landlord may terminate this Lease on twenty days notice to Tenant at anv time within ninety (90) days after the occurrence of such casualty. If the Property cannot reasonable be expected to be restored within two hundred (200) days of the occurrence of such casualty, the Tenant may terminate this Lease within thirty (30) days after the occurrence of such casualty upon ten (10) days notice to Landlord. 17. Indemnification. Tenant shall defend and indemnify and save harmless Landlord, its principals, agents, servants, and employees from and against any and all claims, suits, actions, demands and causes of action arising from or in connection with the Property or the Property during the term hereof. or any holding -over period or extension, for personal injury, loss of life or damaged property sustained in or upon or resulting from Tenant's use of the Property, and from and against all costs, counsel fees, expenses and liabilities incurred in defending any such claims, the investigation thereof or the defense of any action or proceeding brought thereon, and from any _udgment. orders, decrees or liens resultant therefrom and any fines, assessments, duties or obligations levied or imposed by any authority by virtue of any Regulations which are imposed as a result of the use of the Property. I R. Quiet Enjoyment, If, and so long as, Tenant pays Monthly Rent and Additional Rent, and keeps and performs each and every term. covenant and condition herein contained on the part and on behalf of Tenant to be kept and performed, Tenant shall quietly en'oy the Property without hindrance or molestation by Landlord, subject to the terms, covenants and conditions of this Lease. 19. Events of Default. Any of the following events shall constitute and "Event of Default" hereunder: 19.1 If default shall be made in the due and punctual payment of any Monthly Rent, Additional Rent, or any other sums required to be paid by Ter.ant under this Lease when and as the same shall become due and payable, and such default has not been cured within 10 says of the date same becomes due and payable; 1. If Tenant shall vacate or abandon the Property; 2. If default shall be made by Tenant in the performance of or compliance with any of the covenants, agreements, terms or conditions contained in this Lease other than those referred to in the foregoing subparagraphs 19(a) and 19(b), and Tenant shall fail to remedy the same within thirty (3'J) days after Landlord shall have given Tenant written notice specifying such default; or 3. If Tenant shall become subject to any form of bankruptcy or insolvency action which is not dismissed within thirty (30) days of filing. 19.2. Landlord Remeilies. Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter, to: 1. Institute suit against Tenant to collect each installment of Monthly Rent, Additional Rent or other sum as it becomes due or to enforce any obligations under this Lease; or 2. Terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Property from Tenant. Tenant will remain liable to Landlord for damages in an amount equal to :he Monthly Rent and Additional Rent which would have been owing by Tenant for the balance of the term had this Lease not been terminated, less the net proceeds, if any, of any relenting of the Property by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such recovery of possession or reletting. 3. Re-enter and take possession of all or any part of the Property without additional demand or notice, and repossess the same and expel Tenant and any party claiming by, through or under Tenant. and remove the effects of both using such three for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner o' trespass, and without prejudice to any remedies for arrears of rent or right to bring any proceeding for breach of covenants or conditions. No such re-entry or taking possession of the Property by Landlord will be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given to Tenant, No netice from Landlord or notice given under a forcible entry and detainer statute or similar laws will constitute an election by Landlord to terminate this Lease unless such notice specifically so states. Landlord reserves the right, following any re-entry or reletting, to exercise its right to terminate this Lease by giving Tenant such written notice, in which event this Lease will terminate as specified in such notice. After recovering possession of the Propery, Landlord may, from time to time, but will not be obligated to, relet all or any part of the Property for Tenant's account. for such term or terms and on such conditions and other terms as Landlord, in its discretion, determines. 19.3 Nothing contained in this Lease will limit or prejudice Landlord's right to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowable by any laws governing such proceeding in effect at the time when such damages are to be proved, whether or not such amount he greater, equal to or less than the amounts recoverable, either as damages or rent, under this Lease. 19.4 In addition to Landlords rights set forth above, if Tenant fails to pay its rents and all other amounts owing hereunder within the time period set forth herein, more than two (2) times during any calendar year during the term of this ease, or any extension thereof, then upon the occurrence of a third or any subsequent default to the payment of monies during said calendar year, Landlord, at its sole option, shall have the right to require that Tenant, as a condition precedent to curing such default, pay the Landlord, in cash or its equivalent, in advance, the Monthly Rent and Landlords estimate of all other amounts which will become due and owing here- under by Tenant for a period of six (6) months, All such amounts shall be paid by Tenant within thirty (30) days after notice from Landlord demanding the same, All monies so paid shall be retained by Landlord, without interest, for the balance of the term of this Lease and any extension thereof, and shall be applied by Landlord to the last due amounts owing hereunder by Tenant, if; however, Landlord's estimate of the rent and other amounts for which C? 5 P c Tenant is responsible hereunder are inaccurate, when such error is discovered, Landlord shall pay to Tenant, or Tenant shall pay to Landlord, within thirty (30) days after written notice thereof, the excess or deficiency, as the case may be, which is required to reconcile the amount on deposit with Landlord with the actual amounts for which Tenant is responsible. 19.5 No such re-entry or taking possession by landlord shall be construed as an election on landlord's part to terminate or surrender this Lease unless a written notice of such retention is served on Tenant, notwithstanding the service of a Demand For The Payment Of Rent Or Possess:on, or the tiling of a suit under a forcible entry and unlawful detainer statute or similar law, and Landlord and Tenant expressly agree that the service or posting of such Demand will not constitute an election on the part of the Landlord to terminate this Lease. 19.6 Enumeration of the foregoing remedies does not exclude any other remedy, but all remedies are cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity, including but not limited to suits for injunctive relief and specific performance. The exercise or beginning of the exercise by Landlord of any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 19.7 All costs incurred by Landlord in connection with collecting any rent or other amounts and damages owing by Tenant pursuant to the provisions of this Lease, or to enforce any provision of this Lease, including reasonable attorneys' fees from the date such matter is turned over to an attorney, whetter or not one or more actions are commenced by landlord, shall also be recoverable by Landlord from Tenant. 19.8 In the event of any breach by Tenant of any of the agreements, terms, conditions or covenants contained in this Lease, Landlord, in addition to any and all other rights herein provided and at Landlord's option, shall be entitled to enjoin such breach and shall have the right to invoke any right and remedy a:lowed at law or in equity or by statute or otherwise for such breach as though re-entry, summary proceedings, and other remedies were rot provided for in this Lease. Any amount owed Landlord that is not paid when due shall bear interest from the date due until paid at a rate equal to the greater of (i) 18% per annum, or (ii) a variable rate per annum equal to five percentage points (5%) in excess of the Prime Rate designated by Wells Fargo lack, V.A., a national banking association ("Wells Fargo") from time to time during the period such amount is owed to Landlord ("Default Interest"). The term Prime Rate shall mean the prime commercial lending rate announced by Wells Fargo, as the same may be changed from time to time. If Wells Fargo shall at any lime discontinue using a Prime Rate, Landlord shall, in its reasonable judgment, substitute another means of determining the annual interest rate charged by major commercial banks on 90 -day unsecured commercial loans to their most creditworthy borrowers, and such interest rate as so determined shall thereafter be the Prime Rate. Payment of such interest shall not excuse or cure any default by 'Tenant 20. Subordination and Estoppel Certificates. This Lease is automatically subject and subordinate to all mortgages and deeds of trust which now or hereafter may affect the Property or the Property, and Tenant shall execute and deliver upon demand of Landlord any and all instruments subordinating this Lease, in the manner requested by Landlord, to any new or existing mortgage or deed of trust without the necessity for any action or execution of any instruments by Tenant, Landlord or holder of such mortgages or deeds of trust. Further, Tenant shall at any time and from time to time, upon not less than ten (10) days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord a tenant estoppel certificate, certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and etTect) and the dates to which Monthly Rent, Additional Rent and other charges arc paid in advance, if any, and acknowledging that there are not, to Tenants knowledge, any uncured defaults on the Landlord part of the Landlord hereunder, or specifying such defaults, if any are ciainted, and such other ti;a�uics as Landlord shall reasonably request. If Tenant fails to provide any such estoppel within the required ten-day period, Tenant shall be deemed to have represented that all of the matters set forth in such certificate are true and correct. 21. ,4ssignmert and Subletting. Tenant may not sublet the Property or any part thereof and may not assign any of its right or interest in this Lease without the express written consent of Landlord, which consent shall Wage not be unreasonably withheld. In any such event, the original Tenant, and any guarantors hereunder, shall not be released from its liability hereunder. 22. Lam. Subject to any purchase money security interest on such items, Tenant hereby grants to Landlord a security interest and express contractual lien upon any and all goods, wares, inventory, furniture, fixtures and equipment belonging to the Tenant and used at, in or titian the Property, whether acquired by the Tenant before or after execution of this Lease to secure the due payment of all Monthly Rent, Additional Rent and other liabilities of the Tenant hereunder_ 23. Waiver. No waiver of any breach of any one of the agreements, terms, conditions or covenants of th.s Lease by Landlord or Tenant shall be deemed to imply or constitute a waiver of any other agreement, term, condition or covenant of this Lease. The failure of either party to insist on strict performance of any agreement, term, condition or covenant, herein set forth, shall not constitute or be construed as a waiver of the rights of either or of the other thereafter to enforce any other default of such agreement, term, condition or covenant; neither shalt such failure to insist upon strict performance be deemed sufficient grounds to enable either party hereto to forego or subvert or otherwise disregard any other agreement, term, condition or covenant of this Lease. 24. Notices. Any notices required or permitted hereunder or which any party elects to give shall be in writing and delivered either personally to the other party and the other party's authorized agent(s) set forth below (or as changed by written notice), or by depositing such notice in the United States Certified Mail, Return Receipt Requested, postage fully prepaid, to the person(s) at the address(es) set forth below, or to such other address(es) as either party may later designate in writing: Landlord: KBSB Investment Inc. 3815 State Hwy 119 Longmont, CO 80751 email: kbsb jhjagatw.live.cont phone: 970-405-2511 Tenant: Col -Barb LLC 5830 Bella Rosa Pkwy. Frederick, CO 80530 email: carolb40@gmaiLwm phone: 303-709-9289 Any notice given by mail as herein provided shall be deemed given when deposited in the United States mail. 25. Successors. All of the agreements, terms, conditions and covenants set forth in this Lease shall inure to the benefit of and be binding upon the heirs, legal representatives, successors, executors and assigns of the parties, except that no assignment or subletting by Tenant in violation of the provisions of this Lease shall vest any rights in the assignee or in the sublessee. 26. Entire Agreement. This Lease constitutes the entire agreement of the parties hereto. Tenant acknowledges and agrees that all representations, promises, terms, conditions, obligations or warranties whatsoever referring to the subject matters hereof, other than those expressly set forth herein, shall be of any binding legal force or effect whatsoever. No modification, change or alteration of this Lease shall be of any legal force or effect whatsoever unless in writing, signed by all parties hereto. 27. Landlord's Right to Cure Tenant's Default, If Tenant shall default in the performance of any covenant contained herein to be performed on Tenant's part, Landlord may, after fifteen (:5) days' notice to Tenant, or without notice if in Landlord's judgment an emergency exists, perform the same for the account and at the expense of Tenant. If landlord shall incur any expense, including reasonable attorneys' fees, in instituting, prosecuting, or defending any action of Tenant, Tenant shall reimburse Landlord for the amount of such expense with interest at the Def alt Rate (18%), from the respective due dates until paid, provided that this shall in no way limit, lessen or affect any claim for damages by Landlord for any breach of default by Tenant anII such amounts 7IPage shall constitute Additional Rent hereunder. Should Tenant become obligated to reimburse or otherwise pay Landlord one or more sums of money pursuant to this paragraph 27, the amount thereof shall be paid by Tenant to Landlord within two (2) days of Landlord's written demand therefor, and if Tenant fads to make such payment, such failure shall be deemed an Event of Default as set forth in paragraph 19 above. The provisions hereof shall survive the termination of this Lease. The previsions hereof shall neither impose a duty on Landlord nor excuse any failure or. Tenant's part to perform or observe any covenant or cond:aon in this Lease contained on Tenant's part to be performed or observed. 28. Enforcement of Lease - Attorneys' Fees. In the event that Landlord commences an action for the enforcement of or arising out of a breach of the terms of this Lease, or is required to take any other action through the use of legal counsel in enforcing the terms of this Lease, then Tenant shall pay, in addition to any other amounts owed under the Lease, all costs of collection and reasonable attorneys' fees. 29. Counterparts. This Lease may be executed in several counterparts and each such counterpart shall be deemed an original. 30. Covenant Against Recordation. Tenant shall not record for public record this Lease Agreement or any part thereof without the prior written consent of Landlord. 31. Miscellan,ous. 31.1 Time of the Essence. Time is of the essence hereof, and each party shall perform its obligations and conditions hereunder within the time hereby required. 31.2 Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. <Addendum A. Equipment List> EXHIBIT A. EQUIPMENT LIST (Owned by Tenant) Patio: 1 round Iron Tables with 4 chairs 1 Cigarette Butt Dispenser Water Hose Dining Room: 4 Booths and 1 - 8' Matching Bench 3 Televisions 12 Wooden 4 -Top Tables with 48 Matching Chairs I Welcome Station Armoire 3 Booster Seats and 4 High Chairs Napkin Dispensers and Salt and Pepper Shakers BAR: Dell Computer, HP Printer, A Camera Surveillance System Revo Security System, ADT Alarm System, Safe Tool Kit, 2 Portable Heaters Miscellaneous Office Furniture, File Cabinet, and Supplies EXECUTED to be effective on the date first set forth above. LANDLORD: KBSB Investment Inc By: ' 4/ Name: B. Lee Title: President TENANT: Carol Jean. Parker By: Individual ly Allen Conway By: Individually 101Page y.). 0 f .UGwHty betI>et edit OA f {�c%'t j 'ti G'14'[ ,11 poi 4, 4,0u4A A,u.CVtf t V Q)..X 4,44040 Q awlic-t-c 15.,x64 4 High -Top Tables with 16 Matching Chairs 16 Bar Stools 1 Double Standup Glass Door Beer Cooler I Black Ice -Chilled Beverage Cooler I Small Electric Glass Cooler 3 Flat Screen TV's 1 Jagermiester Dispensing Machine 1 Popcorn Machine BAR CONTINUED: Liquor Storage Shelving 1 Projector with Screen Glassware: pint glasses, rocks glasses, shot glasses, martini glasses, wine glasses, tall glasses Bar Tools: shakers, wine openers, bottle pourers, napkin/straw holders, bar mats, cutting board, tongs Clover Point of Sale System: 1 Bar Station with cash drawer, card swipe and ?rinser 2 Clover Mini Stations 1 Star 700 Kitchen Printer KITCHEN AND SERVICE AREA: 3 -Burner Coffee Maker 2 Buss Carts and Bins Glass Racks Meat Slicer 8 Movable Storage Shelves 3 Mop Buckets 2 Plumbing Snakes Dolly 2 Ladders Snow Shovels and Miscellaneous Tools Crock Pot I Heat Lamp Food Warmer KITCHEN AND SERVICE AREA CONTINUED: Kitchen Aid Mixer Scotsman Ice Machine Portable -on -wheels Swamp Cooler Brooms, Dustpans, Trashcans Miscellaneous Pots, Pans, Skillets, Cooking and Mixing Utensils, Thermometers, Containers, Sheet Trays, Baking Pans, Pie Pans, Kitchen Knives, Colanders, Mixing Bowls, Cutting Boards, Serving Trays, Beverage Etchers and Coffee Servers Large Assortment of Plates, Saucers, Bowls, Drink ware and Silverware 2 Pellet Smokers 2 Microwaves Kelvinator Freezer Serial Number: WB62151494 3 -Door Advantage Freezer 2 Refrigerators Serial Numbers: T837220.197 and F27S-1 0120056 Blodgett Convection Oven All Remaining Food, Beverage, and Consumable Inventories OFFICE: bArtA Li' r--0 Mcu tge 4235352 09/12/2016 08:42 AM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $338.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED THIS DEED, Made this 7th day of September, 2016, between JABEZ ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY of the County of Weld and State of Colorado, grantor(s), and KBSB INVESTMENT, INC, A COLORADO CORPORATION whose legal address is 10805 TURNER BLVD., LONGMONT, CO 80504 of the County of Weld and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of THREE MILLION FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($3,400,000.00), 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(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: LOT 1, LONGMONT CENTENNIAL INN SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: 3815 HIGHWAY 119, LONGMONT, CO 80504 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appeartaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. 1 DEBORAH L EVANS NOTARY PUBLIC I SrfoATEOFCOLOR DO Notary ED 11? 974004903 t My Commission ExMres 04/19;2017 i STATE OF COLORADO COUNTY OF JEFFERSON } } ss. } JABEZ ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY BY M KE I. KIM, MANAGING MEMBER The foregoing instrument was acknowledged before me this 7th day of September, 2016, by MIKE I. KIM AS MANAGING MEMBER OF BE ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY. My Commission expires: 4 ��, (i Witness and and official seal. .. I Notary Public SPECIAL WARRANTY DEED File 0 20223 SECURITY PLAN MAGGI'S KITCHEN • Liquor is all stored in the closet marked "Liquor Storage" on the diagram of the premises. Only the owner has the keys for this room, which will be locked during business hours. • The shelves behind the bar are stocked with liquor. • Beer is stored in the cooler marked "Beer Storage Cooler" on the diagram of the premises. Only the owner has the keys for the cooler, which will be locked during business hours. • Only the owner and two cooks have keys to the front doors of the building. • The building is equipped with a security system, including alarms and cameras. D�T� WELD arar. ON LINE COUNTY MAI'I'INC; Hotel and Restaurant (Count) Liuor License has°16r Mir- d.ee ..' I l ,, - 100 Year AE - V L4 JI • 1r •V I \ T t ,t. " I / 1MUSR' 9-80-441 • C.% a• G, �' OP: N PIT MINA, MA1TE' IALS -.-4 0) USR12-0012 - - • , '3001:l LECOMMUNICAITo i•TeWER Legend _ t Parcels A /AAA A G/• .,: -. - :..:.• _ USR - Uses by Special Review 100 Year A SPR - Site Plan Review Floodplain - 500 Year Floodplain - 100 Year Zone A frera-�; �, �, ,+_, • 11 .. . Floodplain 100 Year Zone AE " ` I • \Floodplain - - 100 Year Floodwa • •1./ --3 �� °: c. �-" ;, \\\!g (Is `, -' ' ' 4 r p 100 Year A i Floodplain Floodplain - 100 - 100 Year Zone Year Zone AI- AC ' 111. Ill„ ► «.,, Address Label I Highway _• I F. -' Firestone L] County Boundary . SP - P R• - k .4 -; S' -1 • s , 233 �IPR—' 05 , �c - u •:� L r ► , - - - - E--- �' x ,.,�, �, F` '�� `'� '� .. PF:-291 3P 17-0004 /SP -58, 241 .. ' I. • 4li.''4. 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CZIOR_inn Vn - -.. �.-_ Ill ' ., --___, _ — 1: 13,408 , .. . , Notes !:+.:3PR201sPR:T 2 G VE MINING _3 2,234.7 0 1,117.34 2,234,7 Feet I his map is a user generated static output from an Internet mapping site and is for Col 3815 -Barb, State LLC, dba Maggi's Kitchen HWY 119, Longmont, CO reference only Data layers that WGS_1984 _Web_Mercator Auxiliary Sphere Weld County Colorado THIS appear on MAP IS NOT this map TO current, BE may or USED may or not be otherwise FOR NAVIGATION accurate, reliable. 80504 n ., ._ .., v v 1,117.3 WELD COUNTY I lotel and Restaurant (County) Liquor License ONLINE MAPPING HIGHWAY=119LWB 561 STAClFCMACH RDN 53 NJ 3356C Li: 13600:t►5 357.; iiii,=STAGEC_OACH;RD U6R1 BUaril tet.:;rf.1',itinegYrigniltdisrb..4 nr_n HIGHWAY,119:EB__,_: 3822— P' 3818 C . . 4;00AC- r3.63(5ft -4 l..-5!6ouiA ivil irs:16 ` .t�' I , 5E:44O2 10910 _ 10702 0 558.67 1,117.3 Feet DOGWOODAVE 116 1'1111111145 WCR 24 11372 11'3'711 #F1 UNION ST tat ism •r _Y.y_r. WGS 1984 Web Mercator_Auxiliary_Sphere c Weld County Colorado 1 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 1.0 W Legend L_J Parcels Highway County Boundary Notes Col -Barb, LLC, dba Maggi's Kitchen 3815 State HWY 119, Longmont, CO 80504 tit WELD COUNTY I lotel and Restaurant (County) Liquor License ONLINE MAPPING OR J miS ., a HIGHWAY 119 EB amassat, rive asag,..., , 3822 139.67 WGS 1984 Web Mercator Auxiliary Sphere c Weld County Colorado 279.3 Feet I HIGHWAY 119 WB air HIGHWAY,;119 WWI" C J HItA (AY 119 Cif W � _ 1: 1,676 O mar -7-1 I nis 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 279.3 0 4 ! I Legend L_J Parcels Highway County Boundary Notes Col -Barb, LLC, dba Maggi's Kitchen 3815 State HWY 119, Longmont, CO 80504 „,,r• WELD Ellie COUNTY I lotel and Restaurant (County) Liquor License t • I ;. .. • 1111 ;-' . t ."f Q p • 4 ' , Legend { , Parcels •; Highway _. [-_, County Boundary . w- M Me = 2 i . gr _. n? .. • , A. = A 3851 4 $ 3815 1 F k • r I • a . • i ` !� s ;4. ' , aft 1:838 O Notes ilLi 139.7 0 69.83 139.7 Feet This map is a usUr generated static output from an Internet mapping site ano is for Col 3815 -Barb, LLC, dba State HWY 119, Maggi's Kitchen Longmont, CO WGS c Weld 1984 Web Mercator County Colorado reference only. Data layers that appear Auxiliary -Sphere THIS MAP on IS this NOT TO map current, BE may or USED may not be accurate, or otherwise reliable. FOR NAVIGATION 80504 10/27/2020 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R0080888 October 27, 2020 Account Information Account L Parcel R0080888 131303000041 Legal Account Tax Space Type Year -- _ — ---- � Commercial 2020 2 Buildings Actual Assessed I Value Value i 3,380,000 958,100 i i LCI-1 L1 LONGMONT CENTENNIAL INN SUB r Subdivision L LONGMONT CENTENNIAL INN SUB Block ! Lot Land Economic Area f 1 FIRESTONE DEL CAMINO W OF 1-25 T I Property Address .. i Property Zip ', Section Township 1 Range f ; 03 02 68 3815 HIGHWAY 119 WELD Owner(s) Account Owner Name Address R0080888 KBSB 10805 TURNER BLVD LONGMONT, CO INVESTMENT INC 805049578 Document History https://propertyreport.co.weld.co.us/?account=R0080888 1/9 10/27/2020 Property Report T Reception I Rec Date Type Grantor Grantee 11-19-2003 SPR SITE PLAN SPR-364 REVIEW iDoc Fee ' Sale Date I Sale Price 0.00 , j 01863893 07-20-1981 02170186 I 02-06-1989 ( QCN 02176994 04-20-1989 QCN 0.00 01-01-1900 ' 0 0.00 ! 01-12-1989 j 0 0.00 03-22-1989 0 02207034 , 03-06-1990 SWDN 1- 1706448 i 12-21-1976 0.00 01-01-1900 0 2119091 COZ SUB WELD COUNTY ZONING CASE: Z-106* ZONING C-3 LONGMONT SUBDIVISION ; CENTENNIAL INN 0.00 0 0.00 CARLSON 2534557 02-24-1997 I WD STENER & FRANCES E 2711161 08-03-1999 i WD 07-05-2001 2863169 WD HYUNG KEUN 137.00 ! 02-20-1997 ; 1,370,000 SUN HYUNG KEUN TWIN PEAKS SUN HOSPITALITY INC TWIN PEAKS THEINCO HOSPITALITY HOSPITALITY INC LLC THIENCO 3406758 ( 07-28-2006 1 PTD ! HOSPITALITY BLC REAL LLC ! ESTATE LLC 3441600 12-13-2006 4235352 SWD BLC REAL ESTATE LLC 09-12-2016 ? SWD JABEZ i ENTERPRISES 180.00 12-07-2006 1,800,000 LL - I 207.00 07-30-1999 2,070,000 265.00 06-27-2001 2,650,000 0.00 07-28-2006 j 0 JABEZ KBSB ENTERPRISES INVESTMENT INC 338.00 09-07-2016, 3,380,000 Building Information Building 1 AccountNo Building ID R0080888 1 Occupancy Hospitality https://propertyreport.co.weld.co.us/?account=R0080888 2/9 10/27/2020 Property Report i oho I ID j Type NBHD j Occupancy , Complete Bedrooms ! Baths 'I„ Rooms I i 1 Commercial I 3919 I Hospitality 100 1 0 0 � 0 1— — — --- — -- — i ID Square Ft 1 ! 10,620 --7 Roof Cover Interior Irregular T 1 HVAC Perimeter Units Unit a Make Package 550 69 Unit Condo SF Total Finished ' ! Basement Basement Garage Carport Balcony Porch SF SF SF SF SF SF 0 0 i 0 0 Built As Details for Building 1 ID I Built As Square Ft Year Built 1.00 i Motel 9,912 1973 L_. Stories 1 Length Width 1 I Multiple - 1.00 708 1992 1 I 0 Residential ' 0 -4 https://propertyreport.co.weld.co.us/?account=R0080888 3/9 10/27/2020 Property Report Additional Details for Building 1 ID Detail Type ! , Description 4 I Units 1 Add On Asphalt Fair 52,286 1 Add On Corn Canopies Wood Average 1,184 1 Add On Concrete Slab Average 594 1 Add On Concrete Slab Average 840 1 Add On i Concrete Slab Average j 333 i + 1 Add On Concrete Slab Average 196 1 Add On 1 Add On 1 Add On Concrete Slab Average Concrete Slab Average Concrete Slab Average Add On 552 594 840 Concrete Slab Average 333 1 Add On Concrete Slab Average i 196 1 Add On ; Concrete Slab Average 552 1 Add On Swimming Pool ! 589 1 Add On Wood Fence 850 AccountNo R0080888 ID Type Building 2 Building ID Occupancy 2 Hospitality NBHD Occupancy ' Complete Bedrooms Baths ' Rooms 2 Commercial 3919 ID 2 Hospitality 100 0 0 Exterior Roof Interior HVAC Perimeter Unit Units j Type Make Cover None 606 https://propertyreport.co.weld.co.us/?account=R0080888 4/9 10/27/2020 Property Report T ID Square Ft Total Condo Basement SF SF Finished Garage Carport Basement SF SF SF 2 ! 27,760 0 1 0 0 0 0 Built As Details for Building 2 ID Built As I Square Ft Year Built L L 4 2.00 ' Motel ! 27,760 Stories Balcony Porch SF , SF Length II Width 1973 2 Additional Details for Building 2 ID Detail Type ,, Description 2 Add On Asphalt Fair 2 i Add On Concrete Slab Average 2 Add On Concrete Slab Average 0 Units � I --r 36,014 2 Add On Concrete Slab Average 2 ! Add On Concrete Slab Average 2,036 2,588 2,036 2,588 0 Type Improvement Valuation Information Code I Description Actual Value 1220 MULTI-UNITS(4- 51,141 8)-IMPRVMTS Improvement ! 2215LODGING- IMPROVEMENTS Land 1120 MULTI-UNITS(4- 8) -LAND Land 2115 LODGING -LAND Totals I - - i 50,055 Assessed Value Acres Land SqFt --4_ 3,660 0.000 723,440 0.000 3,580 ! 0.221 I 9,626 784,191 ! 227,420 3.462 I 150,806 3,380,000 ! 958,100 3.683 ! 160,432 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL https://propertyreport.co.weld.co.us/?account=R0080888 5/9 10/27/2020 Property Report Tax Authorities Tax District Area I ID District Name Current Mill Levy 2341 1050 HIGH PLAINS LIBRARY 2341 0311 I - 2341 I 1202 7- 2341 0512 LEFT HAND WATER 3.217 0.000 LONGMONT CONSERVATION 0.000 I MOUNTAIN VIEW FIRE RESCUE DISTRICT 16.247 2341 0301 NORTHERN COLORADO WATER (NCW) 1.000 2341 0213 I SCHOOL DIST RE1J-LONGMONT 2341 • 0620 ST VRAIN SANITATION 2341 0100 WELD COUNTY Total 57.559 0.484 15.038 I 93.545 Photo https://propertyreport.co.weld.co.us/?account=R0080888 6/9 10/27/2020 Property Report Sketch https://propertyreport.co.weld.co.us/?account=R0080888 7/9 10/27/2020 Property Report 280 0' O O N First Floor 13802.0 sq. ft. Second Floor 13958.0 sq. ft Total Building Area 27760.0 sq. ft. 256.0' Building #2 71 Unit Motel Year Built 1973 Class C WH 10' Individual Window AC Units O 5.0' 0 co I0 10.0' 18.0' .14.0' ;12.0'16.0' �: 34.0' c', 1 0 to ei 34.0' o itt I ;8.0' 122.-11:0...i2.0 . ' 38.0' Cor&ate 38.0' 2584,1a8q.l 177.0' 12.0'.14.0' 8O' o 0r i12.0'a ' 7S o 1 r 34.0' 25.0' 26.0' 24.0' 26.0' 25.0' 26.0' 25.0' 25.0' 26.0' 24.0' 26.0' 25.0' 26.0' 25.0' 1 1 f177.0' f f J, 40:°;4 14.0 14.0' 13.0" 38.0' Concrete 1.0' Second Floor Only 26.0'X 1.0' (3) on Each Side 13.0'' 38.0' 38.0' 20'18 n 34_11 261.0' 280.0' 11 O' 18.0' 5.0 N Asphalt 36014.0 sq. ft. O Sketch by Apex IV Windows^' Building 2 Page 1 https://propertyreport.co.weld.co.us/?account=R0080888 8/9 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 October 28, 2020 ATTN: CAROL PARKER COL -BARB, LLC DBA MAGGI'S KITCHEN 101 4TH STREET DACONO, CO 80514 RE: APPLICATION FOR RENEWAL OF A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license at the property described as: 3815 State Highway 119, Longmont, Colorado 80504. The meeting is scheduled for Monday, November 9, 2020, at 9:00 a.m., in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631. While this is a public meeting and you are welcome to attend, your attendance is not mandatory at this time. The meeting will be live -streamed at www.weldgov.com. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, OL.(2,4_, Re,k Chloe A. Rempel Deputy Clerk to the Board Supervisor cc: Weld County Attorney's Office Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Tuesday, October 27, 2020 4:57 PM 'Carol Parker' NOTICE OF HEARING - Renewal Liquor License Application - Col -Barb, LLC, dba Maggi's Kitchen Notice of Hearing - Col -Barb, LLC, dba Maggi's Kitchen.pdf This is to advise you that the Weld County Board of Commissioners will hear your request for renewal of a liquor license at the property described as: 3815 State Highway 119, Longmont, Colorado 80504. The meeting is scheduled for Monday, November 9, 2020, at 9:00 a.m. Please see the attached letter and copy of your receipts for further information (hard -copies to follow). Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@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. 1 WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE CAROL PARKER COL -BARB, LLC, DBA MAGGI'S KITCHEN 101 4TH STREET DACONO CO 80514 carolvb40@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 28th day of October, 2020. a,. Chloe A. Rempel Deputy Clerk to the Board Supervisor HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Receipts O O 0 O O o - 0 >, m co c a)0O • N- U U • ° M0 a) LW a)a)OED_ O O -O N 0 o 0 8 co c• a)o • ox ai 'O Y CO N N O N -,(1) • O a U' RECEIPT RECEIVED FROM Co ADDRES FOR L DATE t O/'Co l P O9O No. 91179 RECEIPT DATE t©! Ica ao�o NO. 91180 RECEIVED FROM (I (-(3,0u-b, LL,C„ d b a ne-) of 98; ADDRESS as t 5 Slivt-te Huil I `i , C.Brwnen+, CO 20504 ©ne F-fundred Se - e .. "n00- $ t 73. 00 FOR L C Qi - C,OCkrt . Rt.t1L[.tJoJ &;,0 00 r p`'� ; Ot.,ngt Fez "P 1 75 OO 1 c307Cv BY(lart,tai u.11111iiiiiiiii3111ii iiiiiiiii i.. END •STUB Den HLSC V L n COL -BARB DBA MAGGIE'S KITCHEN 3815 CO -119 LONGMONT, CO 80504 PAY TO TH ORDER OF ocarso hum wos TEk+ BANK MEMO 88-957/1119 MCUSeu •V EZSNICLO! DATE cOCA-e- 3075 Z. ?O2A3 pAittudu2- $ DOLLARS Security Features Included ()atolls on Beck NP Security features. Details on back 8 1 l IJ COL -BARB DBA MAGGIE'S KITCHEN 3815 CO -119 LONGMONT, CO 80504 PAY TO THE ORDER of oc'e kcLrdrn± oev TBK+BANK MEM 88-957/1119 Sae in .22 L>L_).111_ 1o12 cArkya_ . '�'t.. ",•-7! la' ..—z•- OLLARS 3076 Secunty Features Inctudea Dolma on Beck HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Staff Referral Responses Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Tuesday, October 27, 2020 4:45 PM Alan Caldwell; Bethany Pascoe; Bob Choate; Bruce Barker; Curtis Hall; Dawn Anderson; Don Dunker; Elizabeth Relford; Gabri Vergara; Hannah Dutrow; Jose Gonzalez; Karin McDougal; Lauren Light; Michael Knee; Nick Trautner; Tom Parko Jr.; Wendi Inloes RENEWAL LIQUOR LICENSE - Col -Barb, LLC, dba Maggi's Kitchen Staff Referral Memo - Maggi's Kitchen.pdf; Renewal Liquor License Application - Col - Barb, LLC, dba Maggi's Kitchen.pdf In accordance with the procedures for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — Maggi's Kitchen". Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Thursday, November 5, 2020 Please note: 1. Applicant: Col -Barb, LLC, dba Maggi's Kitchen Carol Parker, owner 101 4th Street, Dacono, CO 80514 Property Address: 3815 State Highway 119, Longmont, CO 80504 File Location: LC0014 License Type: . Hotel and Restaurant (County) Liquor License 2. Hotel and Restaurant (County) Liquor Licenses allow for malt, vinous, and spirituous liquors to be sold/served for on -premises consumption only, and require the licensee to serve full meals. 3. Property is permitted under SPR-364. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@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. 1. MEMORANDUM TO: Board of County Commissioners FROM: Nick Trautner DEPARTMENT: Environmental Health DATE: 10/28/20 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Col -Barb, LLC, dba Maggi's Kitchen (Carol Parker - Owner) Address: 3815 State Highway 119, Longmont, CO 80504 File Location: LC0014 Reply By: Thursday, November 5, 2020 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 crempel(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 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: Chloe Rempel, Deputy Clerk to the Board October 29, 2020 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0014 Review of the following liquor license renewal by the Department of Planning Services, Compliance Division, shows the following: PERMIT INFORMATION: Sales Tax License: 30290923 Licensee Name: Col -Barb Operating Manager: Carol Parker Dba: Maggi's Kitchen Mailing & Situs Address: 3815 Highway 119, Longmont, Co 80504 PROPERTY INFORMATION: Property Owner: KBSB Investments, Inc Mailing Address: 3815 State Highway 119, Longmont, Co 80504 Zone District: C-3 (Commercial) (Z-106) Land Use: Site Plan Review (SPR-364) STAFF COMMENTS: Upon review of my case files and computer, no active Zoning Violations were noted. No planning or compliance comments. SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Board of County Commissioners FROM: Jose Gonzalez DEPARTMENT: Building DATE: 11/02/20 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Col -Barb, LLC, dba Maggi's Kitchen (Carol Parker - Owner) Address: 3815 State Highway 119, Longmont, CO 80504 File Location: LC0014 Reply By: Thursday, November 5, 2020 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 crempelweldqov.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: Dawn Anderson DEPARTMENT: Public Works DATE: November 5, 2020 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Col -Barb, LLC, dba Maggi's Kitchen (Carol Parker - Owner) Address: 3815 State Highway 119, Longmont, CO 80504 File Location: LC0014 Reply By: Thursday, November 5, 2020 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 crempel(c�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 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: Lt. Michael Knee DEPARTMENT: Sheriffs Office DATE: 11/05/2020 SUBJECT: Renewal Liquor License Application The Weld County Clerk to the Board's Office has received an application for the renewal of a liquor license in Unincorporated Weld County: License Type: Hotel and Restaurant (County) Liquor License Applicant(s): Col -Barb, LLC, dba Maggi's Kitchen (Carol Parker - Owner) Address: 3815 State Highway 119, Longmont, CO 80504 File Location: LC0014 Reply By: Thursday, November 5, 2020 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 crempel ca 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 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. A search through Spillman resulted in no issues to note for 3815 State Highway 119 (Maggi's Kitchen) A search of Spillman for Carol Parker resulted in no issues. HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Miscellaneous Correspondence November 10, 2020 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:, RENEWAL OF A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE — COL - BARB, LLC, DBA MAGGI'S KITCHEN To Whom It May Concern: Please see the attached renewal application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved the application on Monday, November 9, 2020. Check #: 3075 Check Date: 10/12/2020 Amount: $500.00 If you have questions or need additional information, please do not hesitate to (970) 400-4213. Very truly yours, a:Zr20,x, awitA-e, Chloe A. Rempel Deputy Clerk to the Board Supervisor crempel@weldgov.com contact me at 11/10/2020 FedEx Ship Manager - Print Your Label(s) D rn Z C') 0 00 vCD m; Z-., CD CD 89Z£ 116£ OZ11 1HOIN2IJA0 ONVONd1S dOE:p AON 1.1- 03M J202U20071401uv Ti < o <w ESN r m o m Ti rn 0 m 8 N Z o o m c) co ,23 - Ti m 0 m Ti O Ti 56BJ5/BAB9/B766 0 I- 0 c 0 0 n m m z v 4✓ O z Z70mOO or- or - 0 mZ m ca C) - M.,„>< MocD 70 CD N) w 1:13aN3S 1118 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 11/10/2020 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 REMPEL WELD COUNTY 1150 O STREET RM 166 GREELEY, CO 80631 US 9704004225 Shipment Information: Tracking no.: 772039173268 Ship date: 11/10/2020 Estimated shipping charges: 6.66 USD Package Information Pricing option: FedEx Standard Rate Service type: Standard 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 REMPEL 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 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 $1000, e.g., jewelry, precious metals, negotiable instruments and other items listed in our Service Guide. Written claims must be filed 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 FedEx Service Guide or the FedEx Rate Sheets for details on how shipping charges are calculated. https://www.fedex.com/shipping/shipmentConfirmationAction.handle?method=doContinue 2/2 Chloe Rempel From: Sent: To: Subject: Yes. Process them. Mike Freeman Thursday, October 22, 2020 2:34 PM Chloe Rempel RE: Approval Needed to Accept Late Liquor License Renewal Applications From: Chloe Rempel <crempel@weldgov.com> Sent: Thursday, October 22, 2020 2:31 PM To: Bruce Barker <bbarker@weldgov.com>; Mike Freeman <mfreeman@weldgov.com> Subject: Approval Needed to Accept Late Liquor License Renewal Applications Good afternoon, CTB received two (2) liquor license renewal applications that were submitted after their respective due dates. Pursuant to staff procedures, please respond to this email authorizing me to process both items. 1. RnR, LLC, dba McCarty's at Eaton Country Club 2. Col -Barb, LLC, dba Maggi's Kitchen Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel(a.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. 1 Chloe Rempel From: Sent: To: Subject: Attachments: Good morning, Chloe Rempel Friday, September 25, 2020 11:45 AM Carol Parker Liquor License Expires Soon - Col -Barb, LLC, dba Maggi's Kitchen DR 8400.pdf Your Hotel and Restaurant (County) Liquor License will expire on October 24, 2020. Please complete and return the attached form, along with the associated fees, as soon as possible if you would like to renew your liquor license. Fees Please remit two separate checks: Payable to the Colorado Department of Revenue = $500.00 Payable to Weld County = $175.00 Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Clerk to the Board's Office Weld County 1150 O Street Greeley, CO 80631 Tel: (970) 400-4213 Email: crempel@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. 1 SPR-364 PL STAFF REPORT RETAINED IN TYLER. REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. SITE PLAN REVIEW' Administrative Review Case Number: Site Plan Review 364 Parcel Number 1313-03-000041 Applicant: Kim & Henry Doan, Property Owner Legal Description: Part SE4 of Section 3, Township 2 North, Range 68 West of the r P.M. Weld County, CO Zoning: Commercial, C-3 Existing Use: Travel Lodge Motel, on -site Restaurant and Bar Comments Meets the Intent of the Weld County IMIF w a le Site Plan Certification Included in ' • •Iic - YES RetPnlinn Facilities Engi•neenrig Dept ApproWial LDate Approved YES Mistreat Parkirg Not Approved' per Memo from P. Schd. Weld untyr Public _ Works. dated September 19. 2003 NO Loading Areas — --, NO Access_ Setback Requirements Not i 4 ' I - Needs cioT Access Permit NO 25 Feet YES Offset Requirements 10 Feet YES Landscaping NO Trash Collection and Storage NO Potable Water Left Hand Water District YES age Dl5 al r Saint Vrain Sanitation Distrid YES Environment Standards Pro . art Maintenance YES YES rhis Site Plan Review is approved with the attached conditions: The Site Plan Review Plat shall be prepared per Section 23-2-160.W of the Weld County Code. The applicant shall submit a paper copy of the phut for preliminary inary approval to the Weld County Department of Planning Service&° Upon approval of the paper copy the applicant shall summit a Mylar plat along with all other documentation required as Conditions of Approval, The Myiar plat shall be recorded iri the office of the Weld County Glen and Recorder by Department of Planning Services' Staff within 30 days of approval and with payment of eleven ($11.00) dollars per sheet, (Department of Planning erv►ice's) Prior to recording the Site Plan Review plat, the applicant shall the Department of Planning Services' satisfaction address the following to The applicant shall submit wntten evidence to the Department of Planning Services, from the Colorado Department of Transportation demonstrating that all issues and requirements pertaining to ingress and egress access onto a State Highway have been resolved to the satisfaction of this referral agency (Department of Planning Services) The applicant shall submit wntten evidence to the Department of Planning Services, from the Department of Building Inspection ;stating that the proper permits have been obtained for the two free standing signs on the property that were erected without binlding permits (Department I of Planning Services, Department of Building Inspections) The applicant shall submit written evidence to the Department of PlAnninn Services, from the Department of Building Inspection stating that the proper and appropriate building final inspections and approval have been received for the 939 square fool addition ₹o the apartment adjacent to the 'motel's office has been obtained (Department of Planning Services, Department of Building Inspections) SH 119 is classified as a Colorado State Highway The applicant should contact the Colorado Department of Transportation (COOT) regarding review of this proposed Site Plan Review adjacent to SH 119 CDOT approval will be required regarding existing access onto SH 119 The applicant 'should provide written proof to Public Works regarding coordination with CDCT requirements access, rights -of -way, reservations, improvements, and future expansion (Department of Public Works) .*�ruIti•a) Section 23-3-250 A 8 addresses Sewage Disposal Uses located in Commercial Zone Districts shall have adequate sewage disposal facilities The application materials state that St drain Sanitation District (SVSD) provides sewer service to the motel facility, including Simons Bar SVSD stipulated' two requirements are to be addressed for continued service The applicant; shall provide wntten evidence from Rob Fleck, District Engineer, to the Department of Planning Services, stating these conditions have been addressed and/ or met to the satisfaction of SVSD (St Vrain Sanitation District) The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response received September 8, 2003 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Plianning Sarvzes) The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Building Inspection letter dated September 12, 2003 have been met (Department' of Planning Services) H The applicant shall submit a plan describing any proposed on -site signs Any proposed sign shalt adhere to Sections 23-4-100 and 23-4-110 of the Weld County Code All proposed signs shall apply for and receive a bLYding permit (Department of Planning Services) 5Siins • 3 em on hwwti - 1 oex1pe,s.F %1,n ItnbMcWb The applicant shall submit calculations for review by the Department of Public Works for the storm water retention basin, The letter will need to be stamped by a licensed engineer from the State of Colorado. (Department of Public Works) J. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated August 27, 2003 have been met. (Department of Planning Services) 2. The plat shall be amended to delineate the following: A. Section 2.3-2-250,A.1 Stormwater Management, states "Ali users of land in } Commercial Zone Districts shall provide and maintain stormwater retention facilities designed to retain the storm water runoff in excess of historic flow from the undeveloped site. The storrnwater retention facility on a rtev&lopedi site chnli a retentionfacility -..-�v�vrrvv v.av view,• be designed for a one -hundred -year storm. The storrnwater retention facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site." This shall be delineated on the Site Plan Review plat. (Department of Planning Services) S. Section 23-2-250.A.2 Parking, states `Sufficient screened, off-street, paved parking areas shall be provided in the Commercial Zone Districts to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and accessory uses." Appendix 23-A addresses the parking requirement for a facility of this type. The 71 room motel requires one (1) parking space per unit for a total of 71 parking spaces. The restaurant and bar area requires one space for six or a minimum of twenty (20) spaces. Finally, one parking space per employee, as stated in the application materials, there are 18 employees. Total parking for this facility is 109 spaces of which two parking spaces shall meet the Americans with Disability Act standards. This shall be delineated on the Site Plan Review Oat, (Department of Planning Services) The requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with tare (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-way (State Highway 119), Grading shalt not be greater than 2% for the handicap stalls and access aisles. The two handicapped stalls must be shown on the plans, along with dimensioning. e ---Further the ramps from the parking area shall identify a landing area for non - ambulatory users of this facility. This shall be delineated on the Site Plan Review plat. (Departments of Planning Services, Public Works) D. Parking for this site plan shall meet County standards as specified in Weld County Code 23.4.30.B and Appendix 23-A and Appendix 23-B. Parking stall standard dimensions are: stall width is 9 -feet, stall to curb is 19 -feet, and aisle width is 24 -feet. Ten percent (10%) of the parking spaces may be for small cars. Small car stall dimensions are: stall width is 8 -feet and stall to curb is 16 -feet. The applicant shalt comply with these standards for this Site Plan Review. Include stall dimensioning and the number of classification stalls on the plans. Loading/service areas shall be paver, (Department of Planning Services) E. Article IV - Supplementary District Regulations. Division 1 - Off -Street Parking and Loading Requirements are discussed. The parking requirements shall adhere to Sections 23-4-20, 23-4-30, 23-4-40 (Appendix 23-B) and 234-50 of the Weld County Code. The applicant shall adhere to these standards for all on - site parking. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) All parking spaces for the employees and clients of this facility snail adhere to the dimensions of Section 23-4-30.6, and Appendix 23-A of the Weld County Code. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) The applicant shall delineate the location of all curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) Section 23-3-250.A.3 addresses Street Access. Lots in commercial zone districts shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the County Thoroughfare Plan and/or the Master Plan of the affected municipality. This facility accesses directly onto State Highway 119. The application materials did not include evidence of an access permit from the Colorado Department of Transportation, (CDOT). The Colorado Department of transportation IffflT\ has jurisdiction ni#nr nil n.nnesnr-rtin to C4..#.i Llir�4o�aini.n t ra spo to ioi n (CDOT) ) h has jur iauiction n maa all accesses to State I iig IVVO7a. Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit to this facility. Further, the applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 119, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT), The right-of-way for State Highway 119 shall be delineated right-of-way on the plat. The applicant shall contact CDOT to verify the future right-of-way dimension at this location, This shah be delineated on the Site Flan Reviewt, plat. (Department of Planning Services) SON itah 1 Welti• The applicant has provided a facsimile of a letter dated July 6, 2003 from Tim Mercer, owner of the Longmont Waffle House, the adjacent property to the west of this fadlity stating that Mr. Mercer does not have any conflicts with allowing the Longmont Travel Lodge customers to utilize the access associated with this property. The applicant shall submit an easement certificate recorded in the Weld County Clerk and Recorders office signed by all parties associated with this agreement. At a minimum, the easement shall include language outlined in Appendix 24-F.2. Further a legal description shall be included in this document specifically addressing the location and type of easement. (Department of Planning Services) J. Section 23-3-250. A.6 addresses Trash receptacles. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. dare - These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. The application materials delineated a "dumpster" of unknown dimension in the northeast corner of the property adliacent rear •v rr� v�.r •r, �' ti+MjMVVI ITi to the rear property line, This trash receptacle shall be screened from all rights -of -way and adjacent properties with an opaque material. Access to the enclosure shall be gated at all times. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) Section 23-3r28Q.A.9 addresses Outside Storage. Uses in Commercial Lone Districts involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights -of -way and all adjacent properties. The application materials do not address storage of any materials on site. In the future, should there be any outside storage. the area is to be screened with an opaque material on all sides, (Department of Planning Services) Section 23-3-250.6 addresses Operation Standards. Uses in Commercial Zone Districts shall demonstrate conformance with the following operation standards to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation of the Uses permitted shall conform to these standards. 1. Noise. Uses and structures in Commercial Zone Districts shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101 CRS. 2. Air Quality. Uses in the Commercial Zone Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. 3. Water Quality. Uses in the Commercial Zone Districts shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission, 4. Radiation and Radioactive Materials, The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. 5. Heat. Uses located within Commercial Zone Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the lot fine more than five (5) degrees Fahrenheit. 6. Light. Any Fighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets; and no colored lights may be used which may be confused with cr construed as traffic control devices. (Department of Planning Services) 3. Section 26.2-50 addresses maximum lot coverage. Al land use applications in the MUD area shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage as defined as 85% for the commercial zone district. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers it is covered by decorative gravels or wood chips, or if it is otherwise suitably landscaped. 4. Section 26-2-70 addresses the Landscape regulations. Section 26-2-70,B addresses the landscape criteria for all property and development within the MUD area. Section 26-2-70.B.1 states landscapes shall utilize the following principles: (a) well -p canned and approved planting schemes; (b) appropriate selection of droug hi -tolerant turf species to minimize water needs and the use of water -hungry species of turf; (c) mulch to reduce evaporation; (d) zone plant groupings according to their microc,lirnatio needs and water requirements; (e) Irn provement the soil organic matter needed; (U1 efficient __`vf .r..r,v.v.i.+.+. ., of the soil with rFru aat•r if IIS:. ,f"y �J �. LA, �1� efficient ll irrigation design; and (g) proper maintenance and irrigation scheduling. Sections 26-2- 70.B.2 through Section 26-2-70.8,7 specifically address the criteria to be utilized in the preparation of the Landscape plan. A. Section 26-2-70.C addresses the landscape requirements for parking lots. The following criteria shall be met for this applicat€on: f A minimum of ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (t 0 or more spaces. The requirement may be counted toward the maximum lot coverzige requirement of each zone district. At least seventy-five percent (75%) of the required landscape area shall include living plant material, 2. Berrruing and shrub or tree planting shall be used to screen parking lots from view of the roadway, Berms can vary in height depending on location and proximity of existing trees. Bens shall have smooth transitions from the top of the curb to the setback lire so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. See Appendix 26-H to this Chapter. 3. Landscaping techniques shall be used le alleviate the harsh visual appearance that accompanies parking lo. See Appendix 26-1 to this Chapter. At least seventy-five percent (75%) of the length of the frontage of the parking lot must be effectively screened. 4. A minimum of five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five (5) feet by five (5) feet. Trees should be distributed throughout the parking area, however, they shall be placed so that they do not obstruct visibility for cars and pedestrians. See Appendix 26-J of the Weld County Code. 5. Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material, Plant material shall be used to soften the appearance of the screen. B, Section 26-2-70.0 addresses landscape requirements along roadway corridors, with Section 26-2-70.D.2 addressing the design criteria. 1 Plantings along road rights -of -way shall be integrated with the rest of the site. 2. That portion of a lot in any zone district which abuts a public Or private road right-of-way shall be landscaped with a minimum two -and -one -half - inch caliper shade tree or six-foot minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot, for every forty (40) linear feet of street frontage. Trees may be grouped with a maximum distance of one hundred (100) feet between trees or groupings, with exceptions made at entrance drives. A minimum landscape setback along State Highway 119 shall be fifty (b0) feet measured from the existing or planned future right-of-way. 4. Along State Highway 119, tree planting distances shall be clustered or grouped from the roadway to avoid a straight line of trees. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds (two [2] or more rows of plant material rather than a single row). A mix of coniferous and deciduous trees and shrubs shad be planted in clusters or groupings. Applicants adjacent to State Highway 119 shall construct a berm along State Highway 119 with maximum 5:1 side slopes to a height sufficient to screen ground plane development (parking lots, storage areas or other similar site elements) as far as one hundred eighty (1$) feet from the right-of-way line (fifty [501 feet of landscape setback plus one hundred thirty [1301feet of site development). The maximum height berm required shall be six (6) T.11'1# above the existing elevation in the location _ of the feet elevai o a location the berm. if needed, additional height beyond that which can be achieved with a six -foot -high berm shall be achieved through dense landscape plantings. Plantings on top of berms shall be designed so as to not create snow traps. A berm may not be required if the subject property is elevated above the roadway and it can be demonstrated that views into the site will not be possible for a distance of one hundred eighty (180) feet. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. There shall be a minimum twenty -foot -wide landscape setback measured from the existing or planned future right-ol-way to any parking lot, fencing, storage area or structure. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. The Landscape Plan, shall at a minimum, delineate: A. The applicant shall include in the Landscape Plan in accordance with Section 23- 3-250.x,.5, delineating the following information: B. The installation schi d ule that specifies when the landscaping will be installed on site. {Department of Planning Services) C. A Plant Material List specifying the Botanical and Common names of all plant material to be installed; the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) D. A landscape maintenance schedule which specifically states who will perform maintenance and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) E. The size, type and color of the gravel mulch shall be noted. Planning Services) F. G The size of the metal edging, if applicable, shah be noted. Planning Services) (Department of (Department of The method of nativr: grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre, and/or pounds per square foot. (Department of Planning Services) H. Section 26-2-90 addresses the Sign regulations, with Section 26-2-90.B defining the sign district regulations. 1. No sign shall be structurally erected, enlarged, constructed, reconstructed. relocated, refaced or otherwise! altered in the MUD area without first obtaining a building permit from the Department of Planning Services. 2. No sign shall be erected at or near the intersection of any road or driveway in such a manner as to obstruct free and clear vision of motorists or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of the sight distance triangle. 3. No sign other than traffic control signs shall he erected, constructed or maintained within, over or upon the right-of-wwRy of any road or highway within the MUD area. 4. All signs and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. 5. Section 26-2-90.1).2 addresses attached signs: size, height and design limitations. A. Awning signs shall not be larger than twenty-five (25) square feet nor ten percent (10%) of the awning surface area, whichever is smaller. B. Marquee, canopy, overhead canopy, under -canopy, projecting or wall signs: 1. Minimum height requirements: These signs shall be mounted al least fourteen (14) feet above any driveway and at least nine (9) feet above any walkway over which they are erected. 2. Maximum height requirements: The top line of these signs shall not be higher than the top of the waii, roof eaves or parapet line of the building to which it is attached. C. Section 26-2-90.0.3 addresses detached signs: size, height and design limitations. 1. Detached signs shall not be located in the visuar sight triangle. 2. O11 -site detached signs shall have a minimum setback of twenty-five (25) feet and a minimum offset of ten (10) feet from the road right-of-way. 3. On -site identification signs shall have a minimum setback of fifteen (15) feet and a minimum offset of ten (10) feet from the road right-of-way. 4. Detached signs shall have surrounding landscaping which extends a minimum of three (3) feet from all s Gies of the sign base. 5. The total height of any monument or pole sign shall not exceed twenty-five (25) feet above the adjoining ground elevation. 6. Monument signs shall have an enclosed, solid base or structural base with the base at least three -fourths (3) the width of the widest part of the sign face. An enclosed or solid sign base shall not be required if the lower edge of the sign face is not higher than one (1) foot above the finished grade. Monument signs shall be on -premises signs, the sign area shall not exceed twenty-five (25) square feet, and the sign shall not exceed five (5) feet in height above the average adjacent grade, if located fifteen (15) feet from the street right-of�way. For each additional two (2) feet of setback from the street right-of-way, one (1) additional foot may be added to the height of the sign to a maximum of eight (8) feet. D. Section 26-2-90.D.4 addresses Development Complex Signs: Definition, Size and Design Limitations, 1. A development complex sign is a detached sign on the premises of the development which primarily identifies or directs attention to the name, symbol or location of the development complex. 2. A development complex is a group of freestanding buildings or buildings constructed in such a way as to give an appearance of being interrelated due to architectural similarity, interconnected drives, parking areas and/or platting of the development. A development complex includes uses which provide a combined sense of place such as office or business parks, shopping centers, industrial parks, apartment complexes and hotels. 3. The minimum spacing between signs shall be six hundred (6 00) feet. E. Section 23-4-100 addresses signs in the commercial and industrial zone districts. This facility is permitted to have 2 signs per Lot, with each sign face area being 150 square feet or less. All other standards shall comply with Section 26-2-90.D.3. 1. Signs attached flush against a supporting wall, but not above the roof line, there are no limitations on a sign solely used for identification purposes, However, Section 23-4-100.0.2 states one nameplate, per public entrance, per business, of not more than two (2) square feet per face which is suspended under a canopy. Subsection D43 states, the sum of all commercial building identification signs on a given building shall not exceed eight (6) percent of that wall. This facility has numerous signs Located on site, including a temporary banner sign that is to be removed within ten (1 o) days after the event has occurred. The applicant shall provideevidence of compliance with the sign code as addressed herein. Further, the applicant shall bring into compliance the two on -site signs as addressed in a referral received from the Department of Building Inspection dated September 12, 2003, Written evidence of compliance with the requirements of the Department of Building Inspection referral shall be submitted to the Department of Planning Services. 6. The following notes shall be placed or the plat: 1, In accordance with the 'veld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 2. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department. Mountain View Fire Protection District and the Department of Planning Services for review, Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed State Highway 119. (Department of Planning Services) 4.. AM liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, D.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) b. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of asolid waste in the Solid wastes Disposal Sites and Facilities Act, 30-20-10o.5,D.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance r nnrtitinnc (napartrhant of Pi uhlie Health and Pntilironment) vW .w-rw. w• .r. `r.��r y�� •I IILr1!• \F7 1 1AV11\/' Health 4ttP 1 and 1�I 1714 VI t171V1 Ill 7 The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes, as amended. (Department of Public Health and Environment) B. Fugitive dust shall be controlled on this site, (Department of Public Health and Environment) 9. The facility shall utilize the St. Frain Sanitation District for sewage treatment and disposal. (Department of Public Health and Environment) 10. The facility shall obtain water service from the Left Hand Water District. (Department of Public Health and Environment) 11. The facility shall comply with the Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 12. The facility shall contact a commercial waste hauler to remove and dispose waste products. (Department of Public Health and Environment) 13. Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 14, All structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 15, Effective January 1, 2003, Building Permits will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 202-11) (Department of Planning Services) 16. The applicant shall adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code. (Department of Planning Services) 17. The applicant shall adhere to the lighting standards, in accordance with Sadin n 2t9- 2O and Section 23-3-'75f1 f t r,p the, tM al'l r'.i i,. h 1 ••••••••• • +r• •• S� ' and Section iw v ar..ru.I.d.v yr LP f .tea r v 411..1 1.14.+VI IIy %ea.uu . (Department of Planning Services) 18. Property Maintenance. Property located within Commercial Zone Districts shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of noxious weeds. (Weld County Codification Ordinance 2000-1) (Department of Planning Services) Prior to Recording the Plat: A. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) 7 Prior to the release of building permits: A. A Final Site Plan and building construction plans must be submitted to the L Mountain View Fire Protection District for review and approval. The applicant shall submit written evidence of approval to the Department of Building Inspection. (Mountain View Fire Protection District) B. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23-2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) C. The applicant shall submit two complete sets of blueprints to the Weld County Department of Building Inspection. (Building Department) e4 D. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program, (Ordinance 2002-11) (Department of planning Services) E. The applicant shall receive approval from the Department of Planning Services for a Geologic Hazard Permit, Permit Number GHDP-20. All requirements as outlined in the GHDP letter shalt be addressed to the satisfaction of the Department of Planning Services, {Department of Planning Services) 8. Prior to operation A. The facility shall provide evidence to the Department of Planning Services that the restaurant is appropriately licensed and meets all requirements of the Colorado Retail Food Establishment Rules and Regulations. Please review the enclosed materials and then call to schedule an appointment so that I may reserve a sufficient amount of time with you. The purpose of the meeting rig will be to familiarize you with the requirements identified in the referrals associated with this letter and the procedure for completing the Site Plan Review plat that shall be submitted for recording within 30 days of the date of this letter. in this instance, November 7, 2003 unless other arrangements have been approved by this office, Site Plan Review conditionally approved by: Date; October 3, 2003 datillitglinN DOD VS hrmn ult. two r.ko le Ire0 N,Y run hind tiLl1.cy tQIOWI {I #1 I{aa SIh IF IIU.1llyhYiid 1 _ SITE PLAN REVIEW 364 TRAVEL0bGE OF LONGMONT LILENC! AREA FOR PARKING . L MKriN6u6EHOL.Eex t ul:lnitlaRii. P0NALCEtt� \ •-. 1 I -r l . j !.. I v/C{WITY 4JAr' au R.AYW. EABU SNT,6Ci0k tu. K4c. 10tton I I 11oFOOIT ROW. EaltriEedtrittOKOPI, AMC. twos) - Jr -•• LEGAL CIL5O-renal L. dr-Lavonsi Erna iIrn LrllF•AIW. p ws:al Aa NJ'! ra.r:JlypJ rode Hann Ek MO LA to 6°-r W rnq Cin,1a PARtaLM Ia nn vsWll%I zow1NG L.P•rrvy 1? PLAT NOTE - N IVs NGtAAPIt I L'LEc l o F -040u IION OF n'l NtKiWN babaICM5 REFER I4 ui PereitENi ci 1'I Nat* SEIII.Fas GAOL HLINDERLoV% (IRlit IA I1 MQNT {:Elm I alms! ON SLUNIALlatc RL..LYtiIILIs 16'114" HOQKt114, Il1:C CC118u111 10 FOOT uII,.1T5r IAttiiENT HITLIS ADDRESS.. U*wH ri S ,�1JJsll11 f l4nT UTILITYEk9EYEN1 I I I PKJPIaTY cwIL6q GCKt:NCATE wo.i.o.twoo4t mu( lur•Y us.. unto dra Wan.byLuu' I.r SY t es born lac donned adoll b rnnk.aad ohd LINaCA nYWJaase W. Iiantral' Lott cYluglr Aufa mid Lr& MIA Icairk 1. fib ON I MN Ng 10,11 Z011411110 A CIO al Rai V4 rn.- wi%e ccaa au atrsGru.h ittro biro= cirati!r 1•I ira'b J Cw„b l;arl0 r,,a Y• r. 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