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Home My WebLink About20201446.tiffRESOLUTION RE: APPROVE RENEWAL APPLICATION FOR A FERMENTED MALT BEVERAGE ON -PREMISES (COUNTY) LIQUOR LICENSE ISSUED TO ANA M. LUCERO, DBA POLLO FELIZ, AND AUTHORIZE CHAIR TO SIGN - EXPIRES MAY 30, 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, Ana M. Lucero, dba Polio Feliz, presented to the Board of County Commissioners of Weld County, Colorado, an application for the renewal of a Fermented Malt Beverage On -Premises (County) Liquor License for the sale of malt liquors for consumption by the drink on the premises only, subject to the rules and regulations found in Articles 3, and 4, Title 44, C.R.S., and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the sum of $107.50 to the County of Weld for the renewal of the existing license, and WHEREAS, said applicant has exhibited a State License for the sale of malt 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: 2523 8th Avenue Greeley, Colorado 80631 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 2020-07 to said applicant to sell malt liquors for consumption by the drink on the premises only; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 30, 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 Articles 3, and 4, 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. Cc/. SOCIT)J MI5 I ot-G) , C.a.C 6G), O—PpL OCoc5(O42) 2020-1446 LC0045 RENEW FERMENTED MALT BEVERAGE ON -PREMISES (COUNTY) LIQUOR LICENSE — ANA M. LUCERO, DBA POLLO FELIZ PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of May, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: 1,0-44A) v•Jeig, °�'� Weld County Clerk to the Board BY: AP Deputy Clerk to the Board oun Attorney Kevin D. Ross Date of signature: O51 o>a 1a0 Mike Freeman, Chair Yr CY oreno, Pr•-Tem 2020-1446 LC0045 THIS LICENSE EXPIRES MAY 30, 2021 tcarsrrrrr:C:CW:C:Cr.C.C.C.Crrrrrr.CCWIJJ� �JJ� �JJ1 JrrrJ� �J.../` �..1` JJ� �J.../` �J` J rl� FOR A FERMENTED MALT BEVERAGE ON -PREMISES (COUNTY) LIQUOR LICENSE TO SELL AND SERVE FERMENTED MALT BEVERAGES FOR ON -PREMISES CONSUMPTION This is to Certify, that Ana M. Lucero, dba Polio Feliz, of the State of Colorado, having applied for a License to sell malt liquors, and having paid to the County Treasurer the sum of One Hundred and Seven and [50/100] ($107.50) Dollars; therefore, the above applicant is hereby licensed to sell malt liquors by the drink for consumption on the premises only, as a Fermented Malt Beverage Liquor License, at the address of 2523 8th Avenue, Greeley, Colorado 80631, in the Count) of Weld, State of Colorado, for a period beginning on the 31st day of May, 2020, and ending on the 30th day of May, 2021, unless this License is revoked sooner as provided by law. This license is issued subject to the Laws of the State of Colorado and especially under the provisions of Articles 3 and 4 of Title 44, Colorado Revised Statues, as amended. IN TESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers duly authorized this 13th day of May, 2020. TO BE POSTED IN A CONSPIC1!fTh?tS PLACE. NON -TRANSFERABLE. THIS LICENSE MUST BE POSTED IN PUBLIC VIEW bR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1697 Cole Blvd, Suite 200 Golden, CO 80401 ANA M. LUCERO dba POLLO FELIZ 2523 8TH AVENUE Greeley CO 80631 ALCOHOL BEVERAGE LICENSE Liquor License Number 04-00512 License Expires at Midnight May 30, 2021 License Type FERMENTED MALT BE RAGE ON (COUNTY) Authorized Beverages FERMENTED MALT BEVERAGE This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 44, Articles 4, 3, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1697 Cole Blvd, Suite 200 Golden, CO 80401. In testimony whereof, I have hereunto set my hand. 6/8/2020 CM -MickaCc ...A/v/9 Michelle Stone-Principato, Division Director Lu Cordova, Executive Director m 43 In Lin r -- Er 0 O O a CERTIFICATE OF DELIVERY DATE: June 24, 2020 FROM: Chloe A. Rempel. Deputy Clerk to the Board Supervisor SUBJECT: Ana M. Lucero. dba Polio Feliz I hereby certify that I have sent the below documents in accordance with the requirements of Weld County and the Colorado Department of Revenue, Liquor Enforcement Division, on this 25th day of June, 2020. One copy of the signed Weld County Resolution approving renewal Fermented Malt Beverage On -Premises (County) 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 Certified Mail Fee Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) O Return Receipt (electronic) ❑ Certified Mail Restricted Delivery • Adult Signature Required $ • Adult Signature Restricted Delivery $ Postage Total Postage and Fees Postmark Here pCors1a0 h s t To __y (n.Lucab o l i a F A u Z ED treat and Apt. No., or PO Box No. _ s P9 i-h avers c e C' • State, ZIP+4 i -- eco .Oc0 1 PS Form 3800, April 2015 PSN 7530-02-000-9047 See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY Cn C. Date of Delivery X C C m 32 00 .- :._.. . a. 'dia)OOa) 0 O 00 -D cc c " f a) a' rap L _ _ 4) En.. O Q .e -n= c a) a) a) (1) :�.� a) a.ccccocc Ca cc ≥ 31, • -. ue o ....0 IPA .ci V a) O c cUN 15 U cc M -D cd CV E �a)) a O U ■ a) a) 0 -o -1O cti ct) a) Ct O 4J 0 ■ 0 O i a) a) 0 .t9 3 ti) • O et 8 1.)3E-7)° Deco �a (b U co r• e ..a fs P -a a - ems CD T CV : T .0 CO c ( CV O O � U (Ni rn co In 0-' a IIMI 0 a Domestic Return Receipt , July 2015 PSN 7530-02-000-9053 PS Form 3811 Weld County • Clerk to the Board's Office • 1 150 O Street. Greeley. CO 80631 • (970) 400-4213 • crempel@weldgov.com Submit to Local Licensing Authority POLLO FELIZ 2523 8TH AVENUE Greeley CO 80631 RECEIVED MAR 12 2020 WELD COUNTY COMMISSIONERC Fees Due Renewal Fee 117.50 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 Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received by the State. If converted, your check will not be returned. If your check is rejected due to insufficient or uncollected funds, the Department may collect the payment amount directly from your banking account electronically. Retail Liquor or Fermented Malt Beverage License Renewal Application Please verify& update all information below Return to city or county_ licensing author iity by due date Licensee Name ANA M. LUCERO Doing Business As Name (DBA) POLLO FELIZ Liquor License # 04-00512 License Type Fermented Malt Sales Tax License # 042094980000 Expiration Date 05/30/2020 Due Date 04/15/2020 Business Address 2523 8TH AVENUE Greeley CO 80631 Phone Number 9703780158 Mailing Address 2523 8TH AVENUE Greeley CO 80631 Email Operating Manager R x\ L.Qco,t, Date of Birth Home Address 2©0 i -\ a\ o i\) R K Phone Number ce -2 a-3) 3 7,t4.7 1. Do you have legal possession of the pre es at the str et address above? Are the premises owned or rented? [Owned [ ented* *If rented, Yes ❑ No expiration date of lease 2. Are you renewing a storage permit, additional optional premises, sidewa 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 rr�}}embers (LLC), or any other person with a 10% or greater financial interest in the applicant, been found in final order of a taxdgency to be delinquent in the payment of any state or local taxes, penalties, or interest related to a business? ❑ Yes No r 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 fine ial interest in the applicant failed to pay any fees or surcharges imposed pursuant to section 44-3-503, C.R.S.? Li Yes 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 than ' ensed 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 enders (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 y entity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed explanation. ['Yes 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, ' eluding loans to or from any licensee or interest in a loan to any licensee? If yes, attach a detailed explanation. ❑Yes No Affirmation & Consent I declare under penalty of perjury in the second degree that this application and all attachments are true, correct and complete to the best of my knowledge. Type or Print Name of Applicant/Authorized Agent of Business R v\ �- L --u rc i- a Title c Liu In�_7(--- Signature\ ^� 03— 1i -0O Report The foregoing we do hereby Therefore & Approval of City or County Licensing Authority application has been examined and the premises, business conducted and character of the applicant report that such license, if granted, will comply with the provisions of Title 44, Articles 4 and 3, C.R.S., this application is approved. are satisfactory, and and Liquor Rules. Local Licensing Authority For � Weld County, Colorado• Date 05/13/2020 Signature �- �.Ig5l ��,4„4,� : aft Title Mike Freeman, Chair Board of County Coninissioners Attest Esther E. Gesick Clerk to the Board ddow DR 8495 (07/23/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Tax Check Authorization, Waiver, and Request to Release Information I, V\A K \--v C r° am signing this Tax Check Authorization, Waiver CZ \ , Z (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 (hereinafter "Waiver") on behalf of \\ c:. to permit the Colorado Department of Revenue and any other state or local taxing authority to documentation that may otherwise be confidential, as provided below. If I am signing this Waiver myself, including on behalf of a business entity, I certify that I have the authority to execute this Applicant/Licensee. The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. The information obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance obligations, and set forth the investigative, disciplinary and licensure actions the state and local take for violations of the Liquor Code and Liquor Rules, including failure to meet tax reporting The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, concerning the confidentiality of tax information, or any document, report or return filed in connection taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the authorities take final action to approve or deny any application(s) for the renewal of the license, Applicant/Licensee agrees to execute a new waiver for each subsequent licensing period in connection of any license, if requested. By signing below, Applicant/Licensee requests that the Colorado Department of Revenue and taxing authority or agency in the possession of tax documents or information, release information the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicant's/Licensee's authorized representative under section 39-21-113(4), C.R.S., solely to allow the state and local their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. authorizes the state and local licensing authorities, their duly authorized employees, and their use the information and documentation obtained using this Waiver in any administrative or judicial application or license. Name (Individual/Business) F1 t� in sNt Lo ��ra e, fit- i DL }--e-v t Z Social Security Number/Tax Identification Number —) Address • O503 S -v, rev Cit ,Ye��( State Zip go co E 1 Home Phone Number q -7O_ 3 1 3 S-i 7 Business/Work Phone Number 9 7o -- -37 2- c/ 5-8, Printed name of person signing on behalf of the Applicant/Licensee A licant/Licensee's Signature (Siature 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). 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, Polio Feliz LLC is a Limited Liability Company formed or registered on 05/18/2016 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 20161342542 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 04/28/2020 that have been posted, and by documents delivered to this office electronically through 04/29/2020 @ 14:18:55 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 04/29/2020 @ 14:18:55 in accordance with applicable law. This certificate is assigned Confirmation Number 12300002 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/bi:/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, htip:// www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions.- 4 �/� LEASE THIS LEASE, dated C I rl�-r-�20 5 between j , the Landlord, and f\r c ., ` u e_er—O , the 'Lenin t. The Landlord, for and in consideration of the covenants and agreements hereinafter nt'oned, to be kept and perfgdby[►he'Ibnant, does hereby lease to the Tenant, the premises situate in the •= -- * County c f �•Q,� , State of Colorado, described as follows: n D 252'5 by tk 1 WProperty Add= 0 1 ' y'teruiptiun �i �-a�� , Said premises, with the appurtenances, are to be leased to the Tenant from DI ^' cm' 2.C. 2 LJ - , Q� D �y Date until © � w l./ i - 2 ��o/ , at and for a rental of $ �-I- � O OD , payable in monthly installments of $ mom "') ()COl ), in advance, on or before the ' Iday of each and every month during the term of this'lease'at the offifeelif die Landlord oraSthe Landlord may direct in writing. The Tenant further covenants with the Landlord that Thriant4 aLreceiveti said premises In egood,order and condition, and at the expiration of the term of this lease will yield up'said premises to the Landlord in as good order and condition as when the same were entered upon by the Tenant, loss by fire, inevitable accident and ordinary wear excepted, and will keep said premises in good repair during said term at Tailant's own expense. IT IS FURTHER AGREED by the Tenant that napart of the premises will be sublet, nor will this lease be assigned, without the written consent of the Landlord heing.first_obtained:Tenant will not use nor permit the premises to be used for any purposes prohibited by the laws of the United States or of the State of Colorado or the ordinances of the city or town in which the premises is located. IT IS MUTUALLY AGREED that if, after the expiration of this lease, the Tenant shall remain in possession of said premises and continue to pay rent without a written- agreement as to such possession, then the'Tenant shall 3e regarded as a tenant from month to month at a monthly rental payable in advance equivalent to the last month's rent hereunder, and subject to all the terms and provisions of this lease. • IT IS FURTHER MUTUALLY AGREED that in case said premises are left vacant and any part of the rent herein reserved be unpaid, then the Landlord may, without in any wise being obligated to do so anti'without terminating this lease, re -take possession of said premises and rent the same for such rent and upon such conditions as the Landlord may think best, making such changes and repairs as may be required, giving credit for the amount of rent so received less ill expenses of such changes and repairs, and the Tenant shall be liable for the balance of the rent herein reserved until the expiration of the term of this lease. IT IS AGREED that if the Tenant shall be in arrears in the payment of any installment of rent, or any portion thereof, or in default of any of the covenants or agreements herein contained to be performed by the Tenant, which default shall.be uncorrected for a period of three (3) days after Landlord has given written notice pursuant to applicable law, Landlord may, at Landlord's option, undertake any of the following remedies without, limitation: (a) declare the term of the lease ended; (b) terminate the Tenant's right to possession of the premises and reenter and repossess the premises pursuant to applicable provisions of the Colorado Forcible Entry and. Detainer Statute; (c) recover all press nt and future damages, costs and other relief to which the Landlord is entitled; (d) pursue Landlord's lien remedies; ;e) pursue breach of contract remedies; and/or (f) pursue any and all available remedies in law or equity. In the eve nt possession is terminated by a reason of default prior to expiration of the term, the Tenant shall be responsible for the rent occurring for the remainder of the term, subject to the Landlord's duty to mitigate such damages. Pursuant to applicable law [13-40-104(d.5), (e.5) and 13-40-107.5, C.R.S.] which is incorporated by this reference, in the event repeated or substantial default(s) under the lease occur, the Landlord may terminate the Tenant's possession upon, a written Notice to Quit, without a right to cure. Upon such termination, the Landlord shall have available any and all of the above -listed remedies This lease shall be subordinate to all existing and future security interests on the premises. All notices shall be in writing and be personally delivered or sent by first class mail, unless otherwise providedby law, to the respective panes at the address immediately below their signature. If any term or provision of this lease shall be invalid or uncnforceatle, the remainder of this lease shall not be affected thereby and shall be valid and enforceable to the full extent permitted by law. This lease shall only be modified by amendment signed by both parties. This lease shall be binding on the parties, their personal representatives, ucressors and assigns. The singular shall be deemed to include ithe plur Additional provisions: 's eoMrack does mei ode vok L 'rf In Denver, insert "City and". No. 14. Rev -1-96. LEASE Bradford Publishing 1743 Way= St., Denver, OO 80202 — (303) 292-2500 — 7-98 Copyright 1980 Commercial Gross Leas ames. T 's lease is made by'. i&e iV Y`c fe 1 (ny; >_ NCc1r t C t r1 Tenant. , Landlord, and 2. Premises Being Leased. Landlord is leasing to Tenant and Tenant is leasing from Landlord the following premises: 2,52 .' ..__ t t o e_ c 1 3. Term of Lease. This lease begins on c 1 20 1 5 4. Rent. Tenant will pay rent in advance on thet I �- day of each month. Tenant's first rent payment will be on c j J , Z a LS— in the amount of $ 1 . 9 o ) . Tenant will pay rent of $_lb(!5?) O per month there r. Tenant will pay this rental amount for the entire term of the lease. ❑ Rent will increase each year, on the anniversary of the starting date in paragraph 3, as follows: e 0 (03 and ends on () ky 5.Option to Extend Lease (First Option. Landlord grants Tenant the option to extend this lease for an additional 4 years. To ex- ercise this option, Tenant must give Landlord written notice on or before . Tenant may exercise this option only if Tenant is in substantial compliance with the to s of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: ,O1 ❑ Second Option. If Tenant exercises the option granted above, Tenant will then have the option to extend this lease for , 'j years beyond the first option period. To exercise this option, Tenant must give Landlord written notice on or before . Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: 6. Security Deposit. Tenant has deposited $ SO c> with Landlord as security for Tenant's perfor- mance of this lease. Landlord will refund the full security deposit to Tenant within 14 days following the end of the lease if Tenant returns the premises to Landlord in good condition (except for reasonable wear and tear) and Tenant has paid Landlord all sums due under this lease. Otherwise, Landlord may deduct any amounts required to place the premises in good condition and to pay for any money owed to Landlord under the lease. 7. Improvements by Landlord O Before the lease term begins, Landlord (at Landlord's expense) will make the repairs and improvements listed in Attachment 1 to this contract. 1 enant accepts the premises in "as is" condition. Landlord need not provide any repairs or improvements before the lease term begins. 8. Improvements by Tenant. Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent, which will not be unreasonably withheld. At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any damage C nulo Ca= www.nolo.com 0140 Commercial Gross Lease 5-15, Pg.1 caused by attaching the items to or removing them from the premises. 9. Tena�nt's Use of Premis s. Tenant will use the premises for the following business purposes: 1Cq4.0"CLAA - Vo ett 7 — Tenant may also use the premises for purposes reasonably related to the main use. 10. Landlord's Representations. Landlord represents that: A. At the beginning of the lease term, the premises will be properly zoned for Tenant's stated use and will be in compliance with all applicable laws and regulations. B. The premises have not been used for the storage or disposal of any toxic or hazardous substance, and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazard- ous substance from the property. 11. Utilities and Services. Landlord will pay for the following utilities and services: ater lectricity [U -Gas meat aottr-Conditioning Any items not checked will be the responsibility of Tenant. 12. Maintenance and Repairs A. Landlord will maintain and make all necessary repairs to: (1) the roof, structural components, exterior walls, and interior common walls of the premises, and (2) the plumbing, electrical, heating, ventilating, and air-conditioning systems. B. Landlord will regularly clean and maintain (including snow removal) the parking areas, yards, common ar- eas, and exterior of the building and remove all litter so that the premises will be kept in an attractive condition. C. Tenant will clean and maintain Tenant's portion of the building so that it will be kept in an attractive condition. 13. Insurance Landlord will carry fire and extended coverage insurance an the building. B. Tenant will carry public liability insurance; this insurance will include Landlord as an insured party and will be primary to any liability insurance maintained by landlord. The public liability coverage for personal injury will be in at least the following amounts: • $ _., per occurrence. L a. n cH Lora. 1"/ 5 i ti s • $ _._ in any one year. C. Landlord and Tenant release each other from any liability to the other for any property loss, property dam- age, or personal injury to the extent covered by insurance called by the party suffering the loss, damage, or injury. D. Tenant will give Landlord a copy of all insurance policies that this lease requires Tenant to obtain. 14. Taxes A. Landlord will pay all real property taxes levied and assessed against the premises. B. Tenant will pay all personal property taxes levied and assessed against Tenant's personal property. 15. Subletting and Assignment. Tenant will not assign this ease or sublet any part of the premises without the written consent of Landlord. Landlord will not unreasonably withhold such consent. LF140 Commercial Gauss Lease 5-15. Pg.2 all oral agreements between the parties, as well as any prior writings. 24. Successors and Assignees. This lease binds and benefits the heirs, successors, and assignees of the parties. 25. Notices. All notices must be in writing. A notice may be delivered to a party at the address that follows a pa ' signature or to a new address that a party designates in writing. A notice may be delivered: in person ❑ via email, at the addresses provided below ❑ by certified mail, or ❑ by overnight courier. 26. Governing Law. This lease will be governed by and construed in accordance with the laws of the state of 27. Counterparts. The parties may sign several identical counterparts of this lease. Any fully signed coun- terpart shall be treated as an original. 28. Modification. This lease may be modified only by a writing signed by the party against whom such modi- fication is sought to be enforced. 29. Waiver. If one party waives any term or provision of this lease at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this lease, that party retains the right to enforce tat term or provision at a later time. 30. Severability. If any court determines that any provision of this lease is invalid or unenforceable, any in- validity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unenforceable, and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable. Dated: 20r LANDLORD Name of Business: 70 i.5 at s Name of Business: PO TENANT �1 �,} l l By: �kel _/U2Y'aQ2 .r--i B9 Printed N.' ne: 1 rt r i 4v, Y ,q t F NL Z..., Printed Name: a -e.f C' Title: cw.1 Q(' `Z Title: 0 t.) N -rt. t'' Address: 2'5. 23 6 CL" L e 4,42 ('Address: (2 D K .24 X41 •54 l34Email: L—Zfee..1-F� gip t0t, 39 Email: [GUARANTOR By lignin this lease, I personally guarantee the performance of all financial obli ations of Lc> 6D{ier this lease. o ( l ( I u Dated: tn 20, 2015 -- Printed Name: MU C,‘,..22>, PJ e 0.r Title:out u t Address:2c23 p�o (�rQQ.1 T Email: n ( o. Lf 140 C rnmercod Gross Lease 5-15. Po 16. Damage to Premises A. If the premises are damaged through fire or other cause riot the fault of Tenant, Tenant will owe no rent for any period during which Tenant is substantially deprived of the use of the premises. B. if Tenant is substantially deprived of the use of the premises for more than 90 days because of such dam- age, Tenant may terminate this lease by delivering written notice of termination to Landlord. 17. Notice of Default. Before starting a legal action to recover possession of the premises based on Tenant's default, Landlord will notify Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given or mailed to Tenant. 18. Quiet Enjoyment. As long as Tenant is not in default under the terms of this lease, Tenant will have the right to occupy the premises peacefully and without interference. 19. Eminent Domain. This lease will become void if any part of the leased premises or the building in which the leased premises are located are taken by eminent domain. Tenant has the right to receive and keep any amount of money that the agency taking the premises by eminent domain pays for the value of Tenant's lease, its loss of business, and for moving and relocation expenses. 20. Holding Over. If Tenant remains in possession after this lease ends, the continuing tenancy will be from month to month. 22. Disputes ❑ Litigation. If a dispute arises, either party may take the matter to court. f j.-f(ediation and Possible Litigation. If a dispute arises, the parties will try in good faith to settle it through mediation onducted by�� ll ` ❑ U IIA . (k o \r42-5 El a mediator t mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court. ❑ Mediation and Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by ❑ a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. if the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by El ❑ an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator. Landlord need not participate in mediation or arbitration of a dispute unless Tenant has paid the rent called for by this lease or has placed any unpaid rent in escrow with an agreed upon mediator or arbitrator. 22. Addi 'onal, Agreements. Landlord and Tenant additionally agree that:. � _ Q Y �{ _ i 23. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and Oriole CM www.nolo.com 1F140 Commercial Goss leas 5-15. Pq.3 41O7249 O5/14/2O15 O3:O8 PM Total Pages: 1 Rec Fee: $11.OO Doc Fee: $4O.OO Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED DOC FEE: THIS DEED, made this 13th day of May, 2015 between Adrian O. Tarin and Luz Estella Tarin, of the County of Weld and State of Colorado, grantor(s), and Miguel Nevarez-Lucero and Enrique Mendez -Hernandez whose legal address is 1208 24TH Avenue, Greeley, CO 80634 of the County of WELD and State of Colorado, grantee(s): illd, acv WITNESS, that the grantor(s), for and in consideration of the sum of FOUR HUNDRED THOUSAND AND 00/100 DOLLARS (5400,000.00), 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/her heirs, and assigns forever, TENANTS IN COMMON, 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: Lots 6 and 7, Block 11, First Addition to Arlington Park, City of Greeley, County of Weld, State of Colorado. RESERVING HOWEVER, UNTO GRANTOR ALL OIL, GAS, AND OTHER MINERALS PRESENTLY OWNED BY SAID GRANTOR, IF ANY, IN, ON, UNDER, AND UPON AND THAT MAY BE PRODUCED FROM SAID PREMISES. also known by street and number as: 2525 South 8th Avenue, Greeley, CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the 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/her heirs, and assigns forever. The grantor(s), for himself/herself, his/her heirs, and personal representatives or successors, does covenant and agree that THEY shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his/her heirs, and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(s). IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. STATE OF COLORADO COUNTY OF WELD Adridti O. Tarin The foregoing instrument was acknowledged before me this May 13, 2015, by Adrian O. Tarin and Luz Estella Tarin. My Commission expires: BARBARA R C00NROD NOTARY PUBLIC STATE OF COLORADO ' NOTARY ID 19874009882 NY COMMISSION EXPI ES FE RUARY 23019 cA0 SPECIAL WARRANTY DEED Pile N 8413UTG dAims Community College Innovate Educate 1'7T • NO. 12 L,A!L CAD LANG "!LC i)/'%PiNL' 1-baur7.LavD P1:ulixt A A Flat I ran l ET 171 -5.'1r:11.10 1 :- P'sdlo f r/,: a1 I oF'.A41'lN6 'chcn GcJctindo [Aims Community College Innovate Educate rcr. J.-/A4'N0f than r.l.rrts-1-10darz GnA'G) Or: m :Y.4MVHVr; JAims Community Cu!Iebe ini�uvdle LCUJt AIt' 0 n b 3nYN bil0f E:5LI/ "7e0 - f WELD I.' COUNTYONLINE MAPPINGAna M. Lucero, doa Pollo Feliz 1 . • _' .. 103.0 i 1 � � � Q � t�#4 . � � 2329 �' 233 '•3 �,«�, �- _ .. �* „„ s 24TH! 213., -. l' ; .2M0#2 z 2 2400 �' s ._.�4u . . . = 24 262 3 C � suds ....-. t10 1 1 1 1 ' r101j 1 _ 2333; �s� - -. -: - t. , jj,1 4&)i)43#3 ._344 f,1 2406 �, 2349' .. .... _= �; r 10 • ,. - _. 2410 i m,-3 24TH mil!' 2415 _ 24TH ST -., 6 8 • - _ ,- ; , .- y 241. - 40 ' °.: . _ 2403 - - c3;,:x) 2 3 2 • 241 ' is ra o, `"*e4 ,,,, ,. ,,�, - ' - - 1406 C �> a Legend . r_ -.- : , 2440: • .�. .Std) �S y 43' " 1^ ��. u - L ;: .� 241• .�. . : 1 � . .... s ,:.: --�-. ..2400 .� • :� t� ^Ai 7,t, �. 2413 : �, ,4s ��S; YYs •■ 2423 3 ` 2415 USR Uses by Special Revievn : 2 3 E i - ��:3 s a - ui 2415 cr2424 OA' ,43u 1—a4 ( T ? w • 243 jut' t 0D Y 5 W SPR - Site Plan Review 1- > 2450 •• 24350243�► i.._ 4 > 4 42454 > �.... 243 0 ,� 2427 _ - 243 G - . . "'439 �' )` Q Z. NCU - Non Conforming Use ��A- . ;. ,.l, .� w -� � - 24 ��- ' ;; , � , _ ,_43fs .. �_�.�� ' Z �� , � , , ��`"-� 2436 - 24 .-44 3�� -x'443 100 :1 r �& 0 � �.. � 701 --6'5Floodplain - 500 Year - �,�, ' 423`. o • 715 "�-�2 2431 t , .` Z 9 TO1 t� . � . Ly tY _ Lit Floodplain - 100 Year Zone A > 25TH SST" ' re�ley _ Floodplain - 100 Year Floodwa 7.Q '500250 )• �. Y!_ 1 / .. te►� _ 502 25 ^� :, ti-- •• G y 504 ,� Floodplain - 1 Y 00 Year Zone AE �'" i 2501 1 • O '250�s c, • i. c 1 251.. �•.� ; o 1i :.' ., :.et i .1 , 51' - ;. ' ,' �� _mil -� _ ;, _� ■ Floodplain - 100 Year Zone AF 8{6 450 p .518 .//��►/} 1nrC3 ff. . - .� , jnr/,/�,+ ` 506 •I 151:3 25• 14 .„: Floodplain 100 Year Zone AC p, • : - r • ' 7 , PR 32 i �.c� �t'�;� - 2 �� 8 #' , c ,252 1' + "- ;_ Highway . 3/4..�. l 526 •x .eTh PR -> I„ -, 253: 2:5s - 3 C: -28 ,15 3 lilt �� I _ County Boundary 2 54� ,.,., , , ._. ) racY., L lllnl .53. t,25s �� r 81525 �. r-: .-54y 5 v. y," t . ' t 5 . ; g 254 6n� �3 s . . 408 5 5 • • 26TH ST �.•I• 1. • 2.4. �' 600 42� 1 arden City ---r- 2 , � --"--_- ,. 2174. .. .. 603 ..M - 2 635 _ 2600 , • • ` \-:. 2600 .. --- --- - - i ---- 2626 .. . '" 2613 �. 26 625 . r 627 2630 ��11 b 261 - 2628 2r• 2624 2'7�TH SST S j- arden _�„ )04- 500 . 2612 :'- Y.. _� 2 ��iu1 F, >S: �, rte, _ . 2630 .... -.• 2616. 261 9 ; . �..�.�. _ 2,11�2�, 2f� _:7:6. 608602 :�, _ 1 ,5 2 �! w.. 2,0_4 .. .. 2618 20 T- 5. _..,.3. l..•----2638 2640:"^"" ;, 2,71 ;,6-�;.;� - �r `0 _ .. 2'� ul �'f2%r1 �I _ , s : ,'',_^ .. =2642 'ice��1i. _ :, 2.22 2' bu'� t T..,2650 .- : �� i �rr- `�(!`Uu-i �-, :� :- Int }" '"�-r„ 621 12774y.�tL. t ; 2644 266.4 27�THfS�T, o 2�5 1 7- 1., ,, r • i z A p - 4. . .�._ 26682656 I ',1; 2;7THESjTR BEET , ` - 2701 • r =616 2674 L % V • ( 04 • 0 - e2uEg_ O io r 1 t 2708�� 064 I —" 6? 271 •' S PR -1 ; 5SPR-153 2• Notes _ 844.1 0 422.03 844.1 Feet i his map is a user generated static output from an Internet mapping site and is for 2523 8th Avenue, Greeley, CO 80631 WGS_1984 ,c Weld Web- Mercator County Colorado reference only Data layers Auxiliary Sphere that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION 1his 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 This map is a user generateu 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 4/29/2020 Property Report Weld County 4MM PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R3545586 April 29, 2020 Account Information Account Parcel Space Account Type Tax Year Buildings Actual Value Assessed Value R3545586 096117311013 Commercial 2020 1 388,650 112,710 Legal 6134-A L6 & 7 BLK11 1ST ARL PARK (RANCHO ALEGRE) Subdivision Block Lot Land Economic Area ARLINGTON PARK 1ST ADD 11 6 GRLY S. 8TH AVE r Property Address Property City Zip Section Township Range 2523 S 8TH AVE WELD 17 05 65 Owner(s) r Account Owner Name Address R3545586 NEVAREZ-LUCERO MIGUEL 1208 806343516 24TH AVE GREELEY. CO R3545586 MENDEZ-HERNANDEZ ENRIQUE Document History https://propertyreport.co.weld.co.us/?account=R3545586 1/5 4/29/2020 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 12-07-2000 SPR SITE REVIEW PLAN SPR-322 0.00 0 02052408 05-05-1986 SWDN 0.00 01-01-1900 0 146051 SUB SUBDIVISION ARLINGTON PARK ADD 1ST 0.00 0 1706301 04-03-1968 COZ WELD COUNTY ZONING CASE: Z- 100* ZONING C-3 0.00 0 2196188 11-01-1989 WD RISSLER ROGER G ERION DOUGLAS J 24.50 10-30-1989 245,000 2437619 05-09-1995 QC ERION DOUGLAS J FAIRHAVEN LLC 21.50 01-21-1994 215,000 2726611 10-13-1999 WD FAIRHAVEN LLC TARIN ADRIAN LUZ ESTELA O & 14.80 09-30-1999 148,000 4107249 05-14-2015 l SWD TARIN ESTELA TARIN ADRIAN LUZ O NEVAREZ- LUCERO MIGUEL: MENDEZ- HERNANDEZ ENRIQUE 40.00 05-13-2015 400,000 Building Information Building 1 I PAccountNo Building an cy Occupancy R3545586 1 Restaurant ID Type NBHD Occupancy % Complete Bedrooms Baths Rooms 1 Commercial 6909 Restaurant 100 0 0 0 https://propertyreport.co.weld.co.us/?account=R3545586 2/5 4/29/2020 Property Report ID Exterior Roof Cover Interior HVAC Perimeter Units Unit Type Make Gable Complete HVAC 224 0 ID Square Ft Condo SF Total SF Basement Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 2.591 10 1 0 0 0 0 0 0 Built As Details for Building 1 ID Built As Square Ft Year Built Stories Length Width 1.00 Restaurant 2.591 1978 1 0 0 Additional Details for Building 1 ID Detail Type Description i Units 1 Add On Asphalt Average 15,000 1 Add On Concrete Slab Average 360 Valuation Information Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 2230 IMPROVEMENTS SPECIAL PURPOSE- 317.400 92,050 0.000 0 Land 2130 SPECIAL PURPOSE -LAND 71,250 20,660 0.436 19.000 Totals - - 388,650 112,710 0.436 19,000 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL https://propertyreport.co.weld.co.us/?account=R3545586 3/5 4/29/2020 Property Report Tax Authorities Tax Area ID District District Name Current Levy Mill i 0604 0700 AIMS JUNIOR COLLEGE 6.354 0604 1050 HIGH PLAINS LIBRARY 3.217 0604 0301 NORTHERN (NCW) COLORADO WATER 1.000 0604 0206 SCHOOL DIST #6-GREELEY 50.517 0604 0100 WELD COUNTY 15.038 0604 0519 WESTERN HILLS FIRE 10.085 Total - - 86.211 Photo https://propertyreport.co.weld.co.us/?account=R3545586 4/5 4/29/2020 Property Report Sketch 9 0' 4 L_I 120' Sketch by Apex IV \Mndows na Restaurant YOC 1978/1987 Class D HVAC 8' WH 2591.0 sf 73.0' Building 1 Page 1 r �.0 Copyright © 2020 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R3545586 5/5 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 May 5, 2020 ANA M. LUCERO DBA POLLO FELIZ 2523 8TH AVENUE GREELEY, CO 80631 RE: RENEWAL APPLICATION FOR A FERMENTED MALT BEVERAGE ON -PREMISES (COUNTY) LIQUOR LICENSE - POLLO FELIZ 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: 2523 8th Avenue, Greeley, Colorado 80631. The meeting is scheduled for Wednesday, May 13, 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 hearing and you are welcome to attend, you are not required to. The hearing 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, 0,1244, Chloe A. Rempel Deputy Clerk to the Board Supervisor cc: Weld County Attorney's Office WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE ANA M. LUCERO POLLO FELIZ 2523 8TH AVENUE GREELEY CO 80631 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 5th day of May, 2020. Chloe A. Rempel Deputy Clerk to the Board Supervisor APPLICATION FOR RENEWAL OF A FERMENTED MALT BEVERAGE (COUNTY) ON - PREMISES LIQUOR LICENSE APPLICATION -ANA M. LUCERO, DBA POLLO FELIZ Receipts CD O -� 0 L— c.) 0 >m C aU°LS U ° 0 CD CD O a a_ 0 ca 0 U 0 U a) cD O O a) U PO Box 758 Co c0 O cc O U a a) a) O CO (O O cc 0 U a a) a) C� RECEIPT DATE 03iia/aoWso No 9091 8 RECEIVED FROM Pottc F�Aiz1O-anr1o, (Yl , Locerc ADDRESS Ve,r1vee C,rtt(t, CO gd 031 Onc HuncSceci Sedan -icon a- 50 r c o o $ tvi.cso FOR LZo ! T• ._�.�. � ; c _�. aI HOW AID CASH CHECK t I. ` SO MONEY ORDER Se � kf41 POLLO FELIZ ANNA M. LUCERO 2523 8TH AVE GREELEY, CO 8 63� 8411 Pay to the Order of _ a1/4 -4-J _ 03 - II- ZO \tido S)QCC-Vivv\42,0 Qesktive $ 1 / 6A0 (tv o-11 0 -pr KeyBank National Association 1.88&KEY4BIZ Key.comk' For Date Dollars 6359 82-7026/3070 57005 Photo Safe Deposit® DM Alt‘ on back ?\rltWtWO*Li%a.+rWin Arena INara t•rrMWad" IOW^ Perelit nM.s •a•.•ar not .60 1:307070 C arse RECEIPT DATE O3/(IQOSO NO. 90919 RECEIVED FROM Pouo FeA1c. nG, (V) • Lu Ccart ADDRESS ��o�?, Srirtn 2uc.noe, &rca1a Cv31 One. Hundred Sevem 110o — s 1O� • So FOR L Z 6th ner Lkoor L i c.rz.n se Rtu_gouat Fee HOW PAID CASH I CHECK ‘ Q 7 O MONEY ORDER �Cp3coo Can Pre -in; se BY ( / ptax. POLLO FELIZ ANNA M. LUCERO 2523 8TH AVE GREELEY, CO 80631-8411 Pay to the Order of C (jib( Cfr?.. Oillif KeyBank National Association 1.888•KEY4BIZ® Keycom`"' For 0-3 - it - Z 6360 d82-702613070 57005 Date 1Q_?, Vict . o ears Photo Safe Deposit® Ntrl{s on :>rsck attrt.totnOft•LMT\a•✓1Wgamin 'tan .. Ieatt w%ts .111 -ell ••••Tha rantSum- +. v.Ia. � b4tO�Es ---t.. trey 1:307070 2E ?i: ? 60 L000 2 9 5 Lll' 6360 APPLICATION FOR RENEWAL OF A FERMENTED MALT BEVERAGE (COUNTY) ON - PREMISES LIQUOR LICENSE APPLICATION - ANA M. LUCERO, DBA POLLO FELIZ Staff Referral Responses Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Tuesday, May 5, 2020 12:52 PM Alan Caldwell; Bethany Pascoe; Bob Choate; Bruce Barker; Curtis Hall; Dan Joseph; Dawn Anderson; Don Dunker; Elizabeth Relford; Gabri Vergara; Hannah Dutrow; Jose Gonzalez; Joshua Noonan; Karin McDougal; Lauren Light; Tom Parko Jr.; Wendi Inloes RENEWAL LIQUOR LICENSE - Ana M. Lucero, dba Polio Feliz Renewal Liquor License - Polio Feliz.pdf; Staff Referral Memo - Polio Feliz.pdf In accordance with the procedures for processing Renewal Liquor License Applications, please complete and return the attached "Staff Referral Memo — Polio Feliz". Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Tuesday, May 12, 2020 Please note: 1. Licensee: Ana M. Lucero, dba Polio Feliz 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 2. Fermented Malt Beverage On -Premises (County) Licenses allow for malt beverages to be served for on -premises consumption only. 3. Property is permitted under SPR-322. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 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: Dan Joseph DEPARTMENT: Environmental Health DATE: 5/6/20 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: Fermented Malt Beverage On -Premises (County) Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, May 12, 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(a)weidgov.com. Ei 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 May 07, 2020 From: Hannah Dutrow, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0045 Review of the following Liquor License Renewal application by the Department of Planning Services, shows the following: PERMIT INFORMATION: Licensee Name: Ana M. Lucero Sales Tax License #: 42-09498-0000 Business Name: Polio Feliz Business Address: 2523 S 8th Ave, Greeley, Co 80631 Property Owner(s): Nevarez-Lucero, Miguel & Mendez -Hernandez, Enrique PROPERTY INFORMATION: Zone District: C-3 (Commercial) Z-100 Parcel: 0961-17-3-11-013 (consists of approximately .436 +/- acres) Land Use: This use permitted through SPR-322. Upon review of my case files and computer, no active Zoning Violations were noted. STAFF COMMENTS: No planning comments. No compliance comments. SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Board of County Commissioners FROM: Lt Michael Knee DEPARTMENT: Sheriffs Office DATE: 05/07/20 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: Fermented Malt Beverage On -Premises (County) Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, May 12, 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(a�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 for 2523 8th Avenue resulted in no conflicts. A search through Spillman for Polio Feliz resulted in no conflicts. A search through Spillman for Ana M. Lucero resulted in no conflicts. MEMORANDUM TO: Board of County Commissioners FROM: Jose Gonzalez DEPARTMENT: Building DATE: 05/08/2020 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: Fermented Malt Beverage On -Premises (County) Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, May 12, 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: Dawn Anderson DEPARTMENT: Public Works DATE: May 12, 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: Fermented Malt Beverage On -Premises (County) Applicant(s): Ana M. Lucero, dba Polio Feliz Address: 2523 8th Avenue, Greeley, CO 80631 File Location: LC0045 Reply By: Tuesday, May 12, 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(a�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. APPLICATION FOR RENEWAL OF A FERMENTED MALT BEVERAGE (COUNTY) ON - PREMISES LIQUOR LICENSE APPLICATION -ANA M. LUCERO, DBA POLLO FELIZ Miscellaneous Correspondence May 13, 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 FERMENTED MALT BEVERAGE ON -PREMISES (COUNTY) LIQUOR LICENSE - ANA M. LUCERO, DBA POLLO FELIZ To Whom It May Concern: Please see the attached renewal application, a copy of all supporting documentation, and the associated fees. The Weld County Board of Commissioners approved the application on Wednesday, May 13, 2020. Check #: 6359 Check Date: 3/11/2020 Amount: $117.50 If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Very truly yours, 0a12 -e -,t- a i-ryvtt/u-e. Chloe A. Rempel Deputy Clerk to the Board Supervisor crempel@weldgov.com 5/13/2020 FedEx Ship Manager - Print Your Label(s) D rn C) O C N OO 0 0 M ^3 z•••.1 0 OSOP £PPS VOLL 1HOIN213A0 aHvaNviS d00:£ AVW PI - f1Hl GefoaMEIE 2 = _ m J201120042401uu 0<o c) 0 omo m A WC m m o n co ru m ~ -n m 0 n 0 r m v 0 0 _ 8 Dm L80L 4 X08 Od C) 0 O v v m m z 0 T m m z C m 56BJ3/2925/FE4A 0 r- 0 m z -n 0 n m m v_ z70 ,m=73 Rm or 0m 00mz 0 c� ,O_O D() mZ-,, m -0 o? (no � D> 0 70 CO M 0 0 A UI d30N3S ills 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 5/13/2020 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.: 770454434050 Ship date: 05/13/2020 Estimated shipping charges: 6.65 USD Package Information Pricing option: FedEx Standard Rate Service type: Standard Overnight Package type: FedEx Envelope Number of packages: 1 Total weight: 0.80 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: COUNTYOFWELD-483 DEPARTMENT NAME: WELD CLERK TO THE BOARD SENDER NAME: CHLOE A. 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, attomey'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: Attachments: Good afternoon, Chloe Rempel Monday, May 11, 2020 2:51 PM mnevarez94@yahoo.com Property Lease - Liquor License - Polio Feliz Property Lease - Expires 8-1-2020.pdf The current lease is attached, which expires August 1, 2020. To show that Ana has possession of the premises throughout the term of her liquor license, the new lease/lease renewal would need to be valid through May 31, 2020, at the least. The lease can be valid for longer, but not less. Please email me a copy of the updated lease prior to 5:00 p.m. tomorrow, May 12, 2020. If you have any questions, please do not hesitate to contact me. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 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 Site Plan Review SPR 322 PL STAFF REPORT RETAINED IN I YLtM. REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. IS Om Mak SITE PLAN REVIEW Administrative Review COLORADO Case mber:• SPR 322 Panel Number 0961 17 311013 Applicant: Adrian & Estela Twin Legal Description: R. of Section 17, Township 6 North, Range 67 Welt further described as Lots 6 & 7, Block 11 of Arlington Park First Addition, Weld County, CO Zoning: C-3 Proposed Use: Mexican Restaurant Site Plan Review Standards Fleets the Intent of the Weld Cony Zoning Site Plan Certification induced in Application YES Attention facilities Engineering N/A YES Off street Parking Sea Conditions of Approval #I.a.lt Lai, Id, at, 12.5, Ise YES Loading Areas N/A YES Access Approved in Memo from Diane lioughtaling, Weld Co. PuhlkWWorks dated lurch 13, 2000 YES Setback Requirements 25 feet YES Offset requirements 10 feet YES Landscaping See Conditions of Approval #1.0, I.arla, I.b.1, l.h.], 1.b.3,1.c.12 YES Trash Collection aml Storage See rdition of Approval itla.12, La, lad YES ' Potable Water City of Greeley, See Conditions of Approval # I.c.Io YES Sewage Disposal City at Greeley, See Conditions of Approval #1.0, 1.c.1 YES Environment Standards Noise Ste Condition at Approval # Id, 1414 YES Air On Ste Condition of Awoval MLitt YES Waw (InIity Ste Conditions of Approval # IL3R 1.c.9 YES Radiation See Condition of Approval 01414 YES Neat See Condition of Approval #1.c.14 YES ''Nht See Condition of Approval # Lail I.cl4 YES See Condrtrans of Appal # i xelil YES Property Maintenance This site plan review Is approved with the attached conditions: 14 Prior to recording the Site Plan Review plat, the applicant shall address the lowing to the 'Departnvant of Planning Services' satisfaction: a. The applicant shall submit a revised Site Plan Review plat that is at a scale of one inch equals twenty feet 11;20) which clearly delineates the following information: The applicant shall adhere to the off-street parking design standards per Section 41.1.1.1 of the Weld County Zoning Ordinance. (Dept. of Planning Services) 2. The applicant shall provide at a minimum twenty (20) parking stalls for the Mexican Restaurant . The dimensions of the parking stalls shall adhere to Sections 41.1.2.1 of the Weld County Zoning Ordinance, as amended, (Dept. of Planning Services) 3. The applicant shall provide wheel stops for the parking stalls per Section 41.1.2.4 of the Weld County Zoning Ordinance, as amended. One wheel stop for every two parking stalls is acceptable. (Dept. of Planning Services) 4. The applicant shall address and adhere to the American with Disabilities Act and ADA standards for this facility at all times. Non -ambulatory t Ambulatory parking spaces shall be identified and shown on the plat. Further, the applicant shall delineate the aca3ssible route to public transportation from the parking area and building to Eighth Avenues if applicable to your site, include sidewalk ramps at all intersections and buildings, sidewalk rest areas for streets and driveways over five (5) percent, accessible parking at all public buildings, and crosswalks with a maximum 2 vertical deflection ofone-quarter inch. Please provide details and information of how you will address these issues. Further, the applicant shall align internal parking aisles with driveways and ingresslegress gate openings. (Dept. of Planning Services, Dept. of Public Works) 5. The applicant shall modify their parking plan to eliminate all vehicular parking immediately adjacent to Eighth Avenue, Additional parking shall be provided behind the existing structure, as required. (Dept. of Public Works) g. The applicant shall provide lighter for off-street loading areas per Section 41.2.E of the Weld County Zoning Ordinance, as amended. The lights shall be arranged in a manner es to not Illuminate adjacent properties and to prevent glare onto County streets and alleys. (Dept. of Planning Services) 1. The applicant shall screen the parking from adjacent properties per Section 33.6.1.3 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 8. The applicant shall adhere to the minimum design standards pertaining to public rights°of-way per Section 33,8,1.345 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) The applicant shall place "plant miateriar screening to mitigate the impacts of the facility from Eighth Avenue. The plant material screen shall be placed between the mad right-of-way and the restaurant that fronts this road as depicted on the redlines. The buffer strip shall be a minimum of ten (10) feet in width and run the length of the property line that fronts Eighth Avenue. Further, the applicant shall adhere to all landscape requirements of Section 33.6.1.5 of the Weld County Zoning Ordinance, as amended. Please note, per the Weld County Zoning Ordinance, as amended, the applicant shall provide landscaping on fifteen (15) percent of the site. In your specific case, the site is approximately 19,000 square feet, fifteen percent of the site is 2,850 square feet. This is the total minimum area to be landscaped. (Defpt. of Planning Services) 10, 'The applicant shall describe the landscape maintenance plan for this area. The 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. (Dept. of Planning SeNiic es) 11. The sign shall be located, and designed in accordance with the requirements of Section 42 of the Weld County Zoning Ordinance, as amended. (Dept of Planning Services) 3 12. In accordance with Section 3341.6 of the Weld County Zoning Ordinance, the applicant shall screen all trash receptacles from adjacent righter -ways and adjacent properties. Further, the areas shall be designed in such a manner that will prevent scattering of trash. (Dept. of Planning Services) 13. The applicant shall delineate on the plat where the Mexico Express Buses will load and unload passengers. (Department of Planning Services) b. The applicant shall include in the Landscape Plan the following information: 1. An installation schedule which specifies when the landscaping will be installed on site. (Dept. of Planning Services) 2. A Plant Material List specifying the Botanical and Common names of ail plant material to be installed; the So of the plant material at installation and whether the plant material is to be containerized or B&B. (Dept. of Planning Services) 3. A landscape maintenance schedule which specifically Mates who will perform maintenance and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (wept. of Planning Services) c. The following notes shall be placed on the plat: 1, In accordance with the Weld County Zoning Ordinance, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or stsucturally altered or operated in the commercial or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. of Planning Services) 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 tease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, and the Department of planning Services for review. Based upon the proposed use andlor impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Dept of Planning Services) 3. All liquid and solid wastes (as defined In the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, CRS,, as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Health Dept.) 4 4. No permanent disposal of wastes shall be permitted at this site. (Health Dept) 52 Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Health Dept.) S. The maximum pidrmisble noise level shall not exceed the commercial licit of 60 db(A), as measured ac corrding to 25-12402, Colorado Revised Statute, (Health Dept.) 7. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) IL The restaurant shall utilize the existing munldpal sewage treatment system, City of Greeley. (Health Dept) 9. All pesticides, fertilizer and other potentially hazardous chemicals must be stored and handled In a safe manner. Reference 258-20&5 Colorado Water Quay Control Act and Rules and Regulations thereof. (Health Dept.) 10. The facility shall utilize the existing public water supply, City of Greeley. (Health Dept.) 11. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishment. (Health Dept.) 12. 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. (Dept. of Planning Services) 13. All structures, including signs, on site must obtain the appropriate building permits. (Dept. of Planning Services) 14. The site shall maintain compliance with the Weld County Zoning Ordinance, as amended at all times. (Dept. of Planning Services) d. The applicant shall submit a plan describing any proposed on -site signage. Any proposed sign shall adhere to Section 42.3 of the Weld County Zoning Ordinance. All proposed signs shall apply for and receive a building permit . (Dept. of Nanning Services) 2. Prior to Ring the Plat: a The applicant shall submit a landscape plan to the Department of Planning Tarin, page 5 Services for review and approval. Upon approval the Landscape Plan shall be placed on the plat. (Dept, of Planning Services) b. The applicant shall complete an Improvements Agreement with Mk, County for the purpose of ensuring the timing and completion of on -site parking and landscaping improvements. This agreement shall be reviewed and approved by the Weld County Department of Planning Services, Public Works Department, and the Board of County Commissioners. Upon approval of the agreement, the applicant shall submit adequate collateral which equals the amount of the improvements to be completed. (Dept. of Planning Services) 3. Prior to the ease of building permits: a. Upon approval by the Department of Planning Services, the Site Plan Review plat shall be recorded. (Dept. of Planning Services) Site Plan review conditionally approved by _ _ torte: March 16a 2000 Kim Coplai Planner If Term, page 1 SIFE PLAN ADMINISTRATIVE REVIEW NOTES in accordance with the Weld County Zoning Ordinance, 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 or industry zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. 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, 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. (Dept. of Planning Services) 3. Ail liquid and solid wastes (as defined in the mid Wasters Disposal Sites and Facilities Act, 30-20-101, C.R.Q.. as amended), shall be stored and removed for final disposal al h a manner that protects against surface and groundwater contamination. (Health Dept.) 4. No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 5. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Health Dept.) 6. The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured acceding to 2542402, 2402, Colorado Revised Statutes. (Health Dept.) Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) The restaurant shall utilize the existing municipal sewage treatment system, City of Greeley. (Health Dept.) 9 All pesticides, fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 2544205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Health Dept.) 10. The facility shall utilize the existing public water supply, City of Greeley. (Health Dept) 11. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishment. ( Health Dept.) 12. 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 al the earliest possible time. 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