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HomeMy WebLinkAbout20200234.tiffRESOLUTION RE: GRANT COUNTY DANCE HALL LICENSE NUMBER 400 ISSUED TO EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB, AND AUTHORIZE CHAIR TO SIGN - EXPIRES DECEMBER 31, 2020, AT 12:00 MIDNIGHT 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, El Centenario Entertainment, LLC, dba El Centenario Nightclub, presented the Board of County Commissioners with an application for a County Dance Hall License to hold public dances at the location described as follows: 10763 Turner Boulevard, Unit 1 Longmont, Colorado 80504 WHEREAS, said applicant has paid to Weld County the sum of $25.00 for said Weld County Dance Hall License, and WHEREAS, having examined said application, the Board deems it appropriate to grant a Weld County Dance Hall License to El Centenario Entertainment, LLC, dba El Centenario Nightclub, and WHEREAS, said license shall be issued upon the express condition and agreement that the public dances will be conducted in strict conformity to all laws of the State of Colorado, and any violation thereof shall be cause for revocation of the license. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Dance Hall License Number 400, be, and hereby is, granted to El Centenario Entertainment, LLC, dba El Centenario Nightclub, to conduct dances at the hereinabove described location. BE IT FURTHER RESOLVED by the Board that said License shall be in effect through 12:00 o'clock midnight, December 31, 2020, conditional upon the applicant conducting all dances in strict conformity to all laws of the State of Colorado. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said License. CG • SOCMS/(Y1K (cXC) , ca.( c.:), GZPP L oa1as(- 2020-0234 LC0042 DANCE, HALL LICENSE - EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of January, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datito) ' ,ok Weld County Clerk to the Board BY: ///'7-Y✓t--1L- I U �/r�'� Deputy Clerk to the Boar APPR• _ D AS TO F ounty rney Date of signature: 01/2.5/2_0 Mike Freeman, Chair rni:3--t"-- Steve Moreno, ro-Tem 2020-0234 LC0042 TO BE POSTED IN A CONSPICUOUS PLACE. LICENSE NUMBER The Board of County Commissioners of Weld County, Colorado, does hereby grant unto _ EL Centenario .ntextainmen-t, _LLC, dba _El _Centenatio_ Nightclub PUBLIC DANCE HALL, Booth or Pavilion on the premises described as follows: ------ YSYSY50 5YSY,!YL�lSu�'Y�.YL -- ' '-' . ' Atz �.' •'.Ye 'a• ' rszeri Y; uaYau�utiK•; 44 4 $.111110::: YSYSY u'LuSu!'u�usJS'Z�u.y Y,ti',Y,V W,V,Y, LLY1: VYs.YSYSYS'Y4:::�� �.•.Y.:YVY.LY..JSYVYVUMY.• �,•,�I ..�..-.vim .e .-._ .-..• VV V,Y V,YVVYV� r, • e..W't USYSY±,U :J:,YS . v v v .ivv.....v• 10763 Turner Boulevard, Unit 1 Longmont, Colorado 80504 This license is issued only for the calender year 20 2Q _ _ _ , and is not transferable. The Board of County Commissioners reserves the right at its discretion to revoke and cancel this license in the event said Board shall determine that the public morals, or public safety, or public health of the Community require such revocation or cancellation. In Witness Whereof, the said Board of County Commissioners has hereunto subscribed its name by its officers duly authorized, this _15th day of _ January , 20 20 16-YA HART INTERCIVIC r�...i-l'y0'N;5u�'Y�'Y�'Y•YiNev•'YSY•u•Y•Y�Y�u'•Y•u�004 4 YI `, V V I, �, V .I M V V V• V ••• M V• rso.-'ss/sa.s.S ....- ' :g.4 • %'=..s ._ss.. s:.so": Ililgglagg ►fl 'a' aY: u'5u'5r'*Su554 a u: I_,r: s, ,:::,:c, :,- .s.: tYgu i •uD.utidsisusu u;•.0 SYSuSYSYW YSu'lttt,•,Y, JYtaYVYS- --- •.YVYVYVY. ottectit eArtutt !!!!reiiiis -..s•. --VVJ�V�,,.w�. lb atY!ruS , , , 1-,YVv, ,ArtiTrievpsywOI m m N U. a a� c$61 A i QNT�=DPI\ CERTIFICATE OF DELIVERY DATE: February 25, 2020 FROM: Chloe A. Rempel, Deputy Clerk to the Board Supervisor SUBJECT: El Centenario Entertainment, LLC 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 February, 2020. One copy of the signed Weld County Resolution approving County Dance Hall License One original Weld County Dance Hall License U.S. Postal Service CERTIFIED MAIL° RECEIPT Domestic Mail Only For delivery information, visit our website at www.usps.com `'. Certified Mail Fee i , Extra Services & Fees (check box, add fee as appropriate) ❑ Return Receipt (hardcopy) $ o Return Receipt (electronic) ❑ Certified Mail Restricted Delivery ❑ Adult Signature Required O Adult Signature Restricted Delivery $ $ Postage Total Postage and Fees Postmark Here tJ�/13/QD.0 I` Sent To EA lC en -}-2 n x c o errmstot i n cn- . LLC. 0 Street and Apt No., or PO Box N t Act Tie} � 1v b N lQ?�v stet ra. o'. oven V City, State, ZIP+4 4 Lo *Atka t >, CO : • O PS Form 3800, April 2015 PSN 7530-02-000-9047 t See Reverse for Instructions • SENDER: COMPLETE THIS SECTION N C cu ela a) CC Cti 0 O N Q Do 2 o 00 v a uu 'a 7 CC o EEc w a C •D x C U.NUU� 222 en E >•,a)a?�C Dff3D U cn , c9 sac, •:3-: - -� cti Iv '� E.cCcc.) cacAcncc 00 0 0 a U 4a) O ta-C C/) Q 0 a) a) bit .≥ a) 0 a 4C) a) a a)) -p o a) -- U U0 ❑❑ M cn T E a) a)) a 0 O ■ a) i > L O C) 13 co a) Co C L O ■ U Q -Co 0 E a a) o 4-1 0 s u S c ?" _ED ; cc(3-- _ 0 cc/3 a d o 4- d c. c C k(1 0 `a J 9590 9402 4445 8248 1213 39 1\ a) a) c.) a) E 0 L C Q N Restricted Delivery U, , July 2015 PSN 7530-02-000-9053 PS Form 3811 Weld County • Clerk to the Boards Office • 1150 O Street. Greeley. CO 80631 • (970) 400-4213 • crempel@weldgov.com WELD COUNTY APPLICATION FOR LICENSE TO CONDUCT PUBLIC DANCE OR DANCES LICENSE FEE: $25.00 Payable to: Weld County Clerk to the Board, P.O. Box 758, Greeley, Colorado 80632. The fee is hereby tendered and application is hereby made for a license to conduct a public dance hall, booth or pavilion, where two(2) or more public dances are held, for the calendar year 2020, or portion thereof. The undersigned hereby makes application for a County Dance Hall License, under the provisions of Chapter 12, Article VI, of the Weld County Code, and Title 12, Article 18, C.R.S., and for that purpose makes the following answers to the questions contained in this application. Every question must be answered. Any false answer or statement made by the applicant constitutes perjury and the person making such statements subjects any license issued herein to revocation. APPLICANT: If application is by a partnership, give names and address of all partners. If application is by a corporation, give names and address of all officers. Applicant Name(s): & l Ce n -t-en-owi c E n-ve.c-+ct , r- mcn+, Lt_G Trade Name (DBA): Lt Ca -n ; o +cl c b Cell Phone: -7ao t 5-1 c - 53 a9 Work Phone: n I A E-mail Address: jj,jplumb ,nc,V\k-a+incA.E Yt.A„I.Cam Physical Address: I O-1C_Q 3 'Tv f-- 1 /d . , V ni -t- l City: 'g-0rl '1.o,m-t- State: CO Zip Code: ge50(-1 Mailing Address: 1 5 Co i ern., , dive., City: n cwt State: CO Zip Code: 80 3O I Are the premises currently licensed under the State Liquor or Beer Code? If answer is "Yes", to whom is the license issued? D( Yes, Name: F( Cen+&t 'ci o C`'. n +c'+ i n n n-+, LL C. No Do you have legal possession of the premises for which this application is made, either by deed, lease, or written permission of owner? IX Yes No Has a license been issued previously? X Yes No 1 M:\CTB\DANCE\Forms List date(s) dances will be held: Eve., -a wo Ins t ;Yl cxcwaHl ce,r+66 vTh STATE OF COLORADO SS COUNTY OF WELD I hereby acknowledge that I have read the above and foregoing application and the answers made thereto are true to my own knowledge. t -u 6 La "-C t X I w1e rt 7 Authoriz _Represen tive (Print Name) u re Date 2 M:\CTB\DANCE\Forms 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, El Centenario Entertainment LLC is a Limited Liability Company formed or registered on 10/26/2017 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 20171808790 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 05/19/2019 that have been posted, and by documents delivered to this office electronically through 05/22/2019 @ 09:39:21 . 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 05/22/2019 @ 09:39:21 in accordance with applicable law. This certificate is assigned Confirmation Number 11587578 . 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/Certi/IcateSearchCriteria.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." SPECIAL WARRANTY DEED 19 A -7-6 ,_57,349& THIS SPECIAL WARRANTY DEED, made as of this 30th day of September 1996, between G.B.G. I, Inc., a Colorado corporation, whose address is 6825 East Tennessee, Suite 235, Denver, Colorado 80224 ("Grantor"), and RRRS LLP, a Colorado limited liability partnership, whose address is 10763 Turner Boulevard, Longmont, Colorado 80504 ("Grantee"). WITNESSETH, That the Grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration, 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, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld, State of Colorado, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference, (the "Property"). TOGETHER with all and singular the rights, tenements, hereditaments, easements, appendages, ways, privileges and appurtenances, if any, thereto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, including without limitation, any right, title and interest of Grantor in and to the adjacent streets, alleys and rights -of -way; TO HAVE AND TO HOLD the said Property above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or person claiming or to claim the whole or any part thereof, by, through or under the Grantor and none other, except for those matters of public record. IN WITNESS WHEREOF, this Special Warranty Deed is executed by Grantor the day and year first above written. G.B.G. I, INC., a Colorado corpo By: Its: STATE OF COLORADO ) C T ; it•i ss. COUNTY OF litgabeigirli-W k`l4eZ) The foregoing instrument was acknowledged before me this 30th day of September, 1996, by 1. ' .c,Nck e&cr, as c- c . - t cc' . of G.B.G. I, Inc., a .....CoIprado corporation. • •.•l'.WITNESS my official hand and seal. 110 TA� , `•My''commission expires: \. - \ 3 - c'1 )� C y ' '• -!, :vim,' 1 . b. \, s J� �� c, Notary Public Or criskgo^es\ofient\gordon\rrrs-sw.ded Weld County CO JA Suki Tsukamoto Clerk & Recorder 7111IIIIIfii;TlHU L 2517494 B-1573 P-851 10/25/96 03:18P PG 1 OF 2 REC DOC 11.00 35.00 1LIQi II liIi J 11 2517494 B-1573 P-851 10/25/96 03:18P PG 2 OF 2 EXHIBIT A (Legal Description) THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 AS BEARING NORTH 89 DEGREES 49 MINUTES WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE EAST QUARTER OF SAID SECTION 10; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10, NORTH 89 DEGREES 49 MINUTES WEST, 451.4 FEET; THENCE NORTH 00 DEGREES 24 MINUTES EAST, 1323.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 24 MINUTES EAST, 262.09 FEET; THENCE NORTH 89 DEGREES 23 MINUTES 42 SECONDS WEST, 299.96 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 33 SECONDS WEST (RECORD SOUTH 00 DEGREES 24 MINUTES WEST), 261.33 FEET THENCE SOUTH 89 DEGREES 15 MINUTES EAST, 300.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO 1IIIIII■iI II'F III I��I[ II it ASSIGNMENT AND ACCEPTANCE OF LEASE. THIS ASSIGNMENT AND ACCEPTANCE OF LEASE is entered into this 1" day of June, 20.1.7 by and between Fiera•Entertainment-LLC, dba El Caporal, Assignee, a Coloradolimited liability company, whose address is 3003 Valmont Road #253, Boulder Colorado 80301 ; and El Centenario Entertainment LLC , whose address is1472 Eaton St. Lakewood, Colorado 80214; and RRR&S LLP, a Colorado Limited liability partnership whose address is 10763 Turner Blvd"Unit A, Longmont Colorado.80504; WITNESSETH: Whereas, pursuant to the Lease dated October 31, 2016, Fiera Entertainment LLC, dba El Caporal, Assignee leased from RRR&S LLP the premises known as Units t&2 located at 10763 Turner Blvd, Longmont; Colorado, 80504 which consist of 2700 square feet of space for a term of five years commencing<on.Oetober, 3.1 20164 renewableautomatically annually. unless terminatedzupomwritten. notice being given at least sixty (60) days prior to -the end of the current term, a copy of which is attached("the Lease"), and Whereas, El Centenario Entertainment, LLC, is taking over the operations of the existing business beginning June t, 2017, and desires to continue to usethe premises for such business under the current terms of the Lease, and Whereas,Fiera.Entertainment.LLC,.dba.ELC.aporal.desires.to,assign.the. Lease.to.ELCentenario. Entertainment LLC, effective June 1, 2017, and Whereas , El Centenario Entertainment LLC desires to accept such assignment and all of the rights and responsibilities contained therein, and Whereas RRR&S desires to approve such assignment upon completion of all repairs. NOW. t HL1tEFORE, Fiera Entertainment LLC, dba El Caporal hereby assigns all ofits rights under the Lease, commencing June 1, 2017 and El Centenario Entertainment LLC, hereby accepts such assignment ofall rights and responsibilities contained herein. . FURTHERMORE, RRR&S LLP hereby approves such assignment. El Centenario Entertainment LLC Fiera Entertainment LLC, dba El Caporal. Owner Assignor RRR&S LLP Landlord Imaging Partner GUARANTY OF LEASE For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned jointly and severally guarantees to RRRS,LLP, a Colorado limited liability partnership ("Landlord"), full and prompt performance and payment to Landlord of all terms, conditions, covenants, representations, warranties, debts, liabilities and other obligations owing by ("Tenant"), which are arising from, related to or connected with that certain lease dated ("The Lease") between Landlord and Tenant for the Leased Premises commonly known as Unit 1, 10763 Turner Blvd, Longmont Colorado 80504; without requiring any notice of nonpayment, nonperformance, or nonobservance, or proof of notice, or demand, whereby to charge the undersigned therefore, all of which the undersigned hereby expressly waives and expressly agrees that the validity of the Guaranty and the obligations of the guarantor here under shall in no way be terminated, affected, or impaired by reason of the assertion by Landlord against Tenant of any of the rights or remedies reserved to Landlord pursuant to the provisions of the Lease. Landlord may grant extensions of time and other indulgences and may modify, amend, and waive any of the terms, covenants, conditions, provisions, or agreements of the Lease and discharge or release any party or parties thereto, all without notice to the undersigned and without in any way impairing, releasing, or affecting the liability or obligation of the undersigned. The undersigned agrees that the undersigned's liability under the Guaranty shall be primary and that Landlord may proceed directly against the undersigned without taking any action under the Lease and without exhausting Landlord's remedies against Tenant; and no discharge of Tenant in bankruptcy or in any other insolvency proceedings shall in any way or to any extent discharge or release the undersigned from any liability or obligation here under. The undersigned further covenants and agrees that this Guaranty shall remain and continue in full force and effect as to any modification of the Lease, and n assignment thereof, without Tenants consent thereto, shall release or discharge the undersigned. It is agreed that the failure of Landlord to insist in any one or more instances upon the strict performance or observation of any of the terms, provisions or covenants of the Lease, or to exercise any rights contained therein, shall not be construed or deemed to be a waiver or relinquishment for the future of such term, provision, covenant or right, but the same shall continue and remain in full force and effect. Receipt by Landlord of rent with knowledge of the breach of any provision of the Lease shall not be deemed a waiver of such breach. The undersigned agrees to pay, in addition to any damages which a court of competent jurisdiction may award, such amount or amounts as the court may determine to be reasonable attorney's fees incurred by Landlord or its successors or assigns in the enforcement of this Guaranty. It is not necessary for Landlord to inquire into the powers of the Tenant, or,if Tenant is a cor, partnership or other entity the officers, directors, partners or agents acting or purporting to act on its behalf. Landlord ma, without notice assign the Guaranty in whole or part. All of the terms and provisions hereof shall inure to the benefit of the respective heirs, executors, administrators and assigns of the Landlord, and be binding upon the successors and assigns of the undersigned. The validity, legality, enforce -ability, and interpretation of this Guaranty shall be governed by the laws of the State of Colorado, without giving effect to principals of conflict of laws. The undersigned acknowledges that the Lease was executed and delivered in the State of Colorado and that the Lease and this Guaranty are to be performed in the State of Colorado. Without limiting the rights of the Landlord to pursue its rights and remedies under this Guaranty (or under any judgment obtained in basis. Notice will be given at the monthly meeting of any large or promoted event to be conducted in the Establishment. o The Glendale Police Department will be immediately notified regarding any observed disturbance, either inside or outside. o There will be a minimum of one (1) licensed and trained security guard in the Establishment for every 50-75 patrons present. o Security staffing levels will be adjusted daily if necessary in order to achieve the minimum stated. o If the establishment uses the services of a security guard company rather than employing its own security guards, the security guard company must be licensed by the City of Glendale. o Security guards will be trained in techniques to de-escalate potential violent encounters and difficult situations. o Security will separate and remove all potentially violent patrons in a manner consistent with the law that is designed to prevent a continuation of violent activity inside or outside the premises. o For every five (5) security guards there will be one (1) security supervisor to ensure a minimum span of control of one (1) security supervisor for every five (5) subordinates. o Security guards will be distinctively and uniformly attired. o Security guards will be spread throughout the establishment and not just at the points of ingress and egress. o Perpetrators will be detained by security through lawful means. Witnesses will be encouraged to wait for the police to arrive in order to assist in any investigation. o Identifying information on ejected and/or arrested patrons will be retained on a "banned list" database. These patrons will not be allowed subsequent re-entry. o The levels of lighting inside and outside the establishment will be sufficient for proper observation by security. o All those awaiting admission at the Establishment will be placed in a line, not blocking the sidewalk. All individuals in admission lines will be informed that if they are not orderly they will not be admitted. Individuals who will not be admitted will be encouraged to leave the area. o At closing, security is to ensure orderliness when patrons are exiting the establishment. o Spot checks of employees will be conducted to ensure compliance with establishment policies and applicable laws and rules, including integrity tests for false ID and underage sales. o All Security shall maintain order within the establishment and its immediate surroundings and prevent any activity, which would interfere with the quiet enjoyment of their property by nearby residents. o All staff will be knowledgeable to all security positions and the requirements each different position entails. o It will be the duty of every member of the team to protect the Establishment, its patrons, and employees from any and all perceived and real threatening situations. o The Establishment shall provide working security cameras, which shall take images that are of reasonable quality, and which are on and operable at all times that the Establishment is open, and which cover all of the interior premises that are open to the public. Tapes shall be provided to law enforcement within two (2) business days of the request. RRR&S LLP LEASE AGREEMENT THE LEASE AGREEMENT, MADE THIS 31st day of October,2016, by and between RRR&S,LLP, a Colorado LimitedlLiability Partnership, as Landlord, and Fiera Entertainment LLCk Colorado Limited Liability company, as Tenant. WITNESSETH, THAT, in consideration of' the covenants here in, it is agreed: 1. LEASE OF PREMISES. The Landlord hereby leases to Tenant, and Tenant hereby leases from the landlord the following described property (the Leased Premises) considering approximately 2,700 square feet: Units 1 & 2, 10763 Turner Blvd. Longmont, Colorado 80504, subject to rights of Landlord retained herein. Together with all appurtenances thereto, and all furniture, fixtures, and lease hold improvements attached thereto, in present condition; and together with nonexclusive reasonable access across any other land owned by Landlord as May be required for use of the Leased Premises by Tenant, with such access to be onsuch roadways, sidewalks, and other common areas of which the leased premises are a part, or of any such adjacent lands owned by Landlord, as Landlord may from time to time designate. 2. CONDITION OF PROPERTY. Tenant has examined, and accepts the Leased Premises, building, improvements, and any fixtures, in present condition. No representation, statement, or warranty, express or implied, has been made by or on behalf of Landlord as to such condition, or as to the use that may be made of the Leased Premises. In no event shall the Landlord be liable for any defect in the Leased Premises or for any limitation on its use. Except as otherwise provided in the lease, Tenant shall return the Leased Premises to Landlord upon expiration or termination of this lease, in present condition, ordinary wear and tear accepted. 3. TERM. The term of this lease shall be 5 years, commencing at noon on October 31, 2016, and ending at noon on, October 31,2021. 3.1 Option Term. Tenant shall have the option to extend the term of this lease by giving written notice to the Landlord no later than 120 days prior to the end of the applicable previous term, for two additional 5 year periods each, under the 1 same terms and conditions set forth herein provided however in order to exercise such option, no default exists under the Lease, and provided that Tenant shall have no options after the expiration of the second option period. 3.2 Holdover. Should Tenant hold over and remain in possession of the Leased Premises after the expiration of this lease without the Landlord's consent, it shall not be deemed or construed to be a renewal or an extension of this lease but shall only operate to create a month to month tenancy at 150% of the then existing rent, which tenancy may be terminated by the Landlord at the end of month upon thirty days prior written notice to Tenant. 4. DELIVERY OF POSSESSION. Tenant is currently in possession of the Leased Premises having come into possession under a previous lease agreement. 5. RENTAL. Tenant shall pay to the Landlord, at such place as the Landlord may designate in writing the following rent. 5.1 Initial Term. Base rental of $3800.00 per month for 24 months. 5.2 Option Term. Rent for an applicable option term may be payable in monthly installments as set forth in Section 5.1. Thew Optional Term shall have a five percent annual increase effective on the anniversary date of the Lease. 5.3 Payment. All rental installments are due in advance on the first day of the month. If the lease term includes only a part of any month, rental for such part of a month shall be prorated accordingly. 5.4 Late Charge. Tenant will pay a late charge equal to five percent of any monthly rental payment not paid within 5 days of its due date or the first business day after a legal holiday if the due date falls on a legal holiday, whichever occurs first. Late payments in excess of seven days will be charged an additional 18% interest on the total amount that is past due from the beginning of each month. 5.5 Security Deposit. Upon execution of this Lease by Tenant, Tenant shall deposit with Landlord the amount of $6,000.00 to be held as security for the term of the lease. The security deposit shall be retained by Landlord and cmay baPpliey d Landlord, o aanayrany the extent necessary, to pay Yliecost, r expense including attorneys fees sustained by Landlord by reason of the failure of Tenant to cor4ply with any provision, covenant or agreement of Tenant contained in this lease. To the extent not necessary to cover such loss, cost, damage or expense, the Security Deposit, without any interest thereon, shall be returned to Tenant within sixty (60) days after the expiration of the 2 Lease Term or as may be otherwise provided by law. The Security Deposit shall not be considered as an advance payment of rent or as a measure of the loss, cost, damage or expense which is or may be sustained by Landlord. In the event all or any portion of the security deposit is applied by Landlord to pay any such loss, cost, damage or expense, Tenant shall, from time to time, promptly upon demand, deposit with Landlord such amounts as may be necessary to replenish the security Deposit to its original amount. If there is a Default by Tenant more than two times in any twelve month period, whether or not such Default by Tenant id cures, the amount requires to be deposited with Landlord as a Security Deposit shall automatically be increased to three (3) times the amount set forth on the Lease and the payment of such increased amount shall be required in order to cure the Default, within the same time as the original non-payment or failure of performance which constituted the Default. 6. USE. Tenant may use and occupy the leased Premises as a night club/bar and shall not use or occupy nor permit the Leased Premises, or any part thereof, to be used or occupied for any unlawful business, use or purpose, nor for any business, use, or purpose deemed extra -hazardous or which would void or make voidable any insurance coverage, nor for any purpose or any manner which is in violation of any present or future governmental laws or regulations. It shall be Tenant's sole and exclusive responsibility to meet all fire and safety regulations of any governmental entity having jurisdiction over the Leased Premises, at Tenant's sole expense. It shall be Tenant's sole and exclusive responsibility to meet all licensing requirements of any governmental entity having jurisdiction over the Leased Premises or the use the Leased Premises is put. Tenant shall not allow any odors, fumes, or vibrations on the Leased Premises, or any noise thereon which would cause disruption of normal activities on adjacent premises. The Tenant shall indemnify the Landlord against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable attorney's fees, arising out of any violation of or default in this covenant by Tenant. Landlord shall use its best efforts to prevent odors, fumes, or vibrations on the premises controlled or leased to others by Landlord which would cause harm to the health Tenant. The foregoing, notwithstanding, Landlord' failure o prevent other parties from causing odors, fumes, or vibrations; to emanate onto the Leased Premises shall not be a breach of this Lease. 7. POSSESSION AND QUIET ENJOYMENT. The Tenant, upon the payment of the rent herein reserved and upon the performance of all the terms of this lease, shall at all times during the lease term and during any extension or renewal term, peaceably and quietly posses and enjoy the Leased Premises without any disturbance from the Landlord or from any other person claiming through the Landlord. 3 8. MAINTENANCE AND REPAIRS. The Landlord shall be responsible for maintaining and repairing the exterior structural portions of the building in which the Leased Premises are located, paved parking areas, structural portions of the roof, all in their present condition at the sole cost and expense of the Landlord, except as otherwise provided herein. The Tenant is responsible for maintaining everything in the interior of the Leased Premises, including any electrical, heating, and plumbing fixtures, interior decorating and windows and doors, and is responsible for non-structural costs of repairing the roof. Tenant shall also be responsible, at its cost, for maintaining, repairing and replacing the roof top heating and air-conditioning units. Any damage to the property's interior or exterior caused by Tenants, or an employee or a customer of the Tenant shall be the Tenant responsibility to repair. Such repairs, interior and exterior, ordinary as well as extraordinary, shall be made promtly, as and when necessary. All such repairs shall be in quality and class at least equal to the original work. On default of the Tenant in making such repairs or replacements, the Landlord may, but shall not be required to make such repairs and replacements for the Tenant's account, and the expense thereof shall constitute and be collectable as additional rent, together with interest thereon at the rate of eighteen percent per annum until paid. Tenant shall not allow or permit any waste of the Leased Premises, and shall keep the Leased Premises free from accumulations of trash or debris. Tenant shall not store any items outside of any buildings on the Leased Premises without prior written consent from Landlord, and shall use only such storage areas as may be designated by Landlord. 9. CONDITIONS UPON SURRENDER. Upon the expiration of the term or exercised Option, or earlier termination of this Lease, Tenant shall vacate the Leased Premises in the same condition and repair in which the Leased Premises now is, ordinary wear and tear excepted, and shall remove all of the Tenant's property there from so that the Landlord can repossess the Leased Premises not later than noon on the day upon which this lease or any extension thereof ends, whether upon notice or by holdover or otherwise. The Landlord shall have the same rights to enforce this covenant by ejectment and for damages or otherwise as for the breach of any other condition or covenant of this lease. Except as otherwise provided herein, the Tenant may at any time prior to or upon the termination of this lease or any renewal or extension thereof, remove from the Leased Premises all materials, equipment, and property of every other sort or nature, installed by the Tenant thereon, provided that such property is removed without injury to the Leased Premises. Any such property not removed shall become the property of the Landlord. 10. ALTERATIONS. The Tenant shall have the right, from time to 4 time, to make all such nonstructural alterations and improvements to the Leased Premises as may be reasonably necessary or appropriate, for the conduct of the Tenant's business, provided that prior to commencement of any such work, the Landlord shall, in each case, approve in writing the plans and specifications for such work. All work performed by Tenant shall conform to all applicable governmental regulations and requirements, with all requirements and permits to be paid for by Tenant. If such work performed by Tenant causes damage to the structural portions or roof of the Leased Premises, than the costs of all maintenance and repairs to such damaged parts or roof of any such building shall thereafter be the responsibility of Tenant. Notwithstanding the fact that the alteration may be made by Tenant during the Lease term, the Tenant shall have the duty to return the Leased Premises upon termination or expiration of the lease, to the Landlord in the same condition as when received by the Tenant, ordinary wear and tear excepted; provided, however, that Landlord shall have the option to require Tenant to leave all such alterations, improvements, and fixtures in place, in which the same shall be and remain the property of Landlord. Further, in connection with any improvements and alterations to the Leased Premises, Tenant shall indemnify the Landlord from any lien arising out of any such work performed or materials furnished, and shall indemnify and hold harmless Landlord from liability or loss, of any type or nature, including reasonable attorney's fees, arising out of any lien or claim based on work performed by Tenant. Landlord shall also have the right to post a notice of non -liability for any such work, at appropriate places in the Leased Premises. 11. TAXES AND ASSESSMENTS. The Tenant shall be liable for and agrees to pay all of the personal property taxes and assessments levied or assessed against personal property and fixtures placed in or upon the leased premises by the Tenant. This paragraph is intended to include all the personal property taxes and assessments of every kind and nature whatsoever, which may be levied, imposed or assessed by any level of government, including municipal and county government, or by any special district. 12. UTILITIES. The Tenant shall pay all charges for gas and electricity in connection with the Leased Premises. Tenant shall contract for and place all utilities in Tenant's name. Landlord shall not be liable to Tenant in any way for an interruption in the provision of utilities to the Leased Premises. 13. INSURANCE. The Landlord shall keep the Leased Premises fully insured throughout the term of this lease. The Tenant shall maintain insurance as follows: 13.1. Liability. Liability insurance against claims for personal injury or property damage under a policy of general public liability insurance, with such limits as may be reasonably 5 requested by the Landlord from time to time, but not less than $1,000,000.00 in respect of bodily injury, and $500,000.00 on property damage. 13.2. Personal Property. The Tenant shall maintain insurance on all of the Tenant's personal property, tools, and equipment in or associated with the Leased Premises in an amount satisfactory to the Tenant and in any event shall hold the Landlord harmless against any loss or damage for any reason or from any source to said property, tools, and equipment. 13.3. Other Provisions Regarding Tenant's Insurance. All insurance required of Tenant in this lease shall be affected under enforceable policies issued by insurers of recognized responsibility licensed to do business in the State of Colorado. At least fifteen days prior to the expiration date of any such policy, the original renewal policy for such insurance shall be delivered by the Tenant to the Landlord. Within fifteen days after the premium on any policy shall become due and payable, the Landlord shall be furnished with satisfactory evidence of its payment. 13.4. Waiver of Subrogation. Landlord and Tenant each waive any and all rights of recovery against the other, or against the officers, employees, agents, and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at that time of such loss or damage. Landlord and Tenant shall, upon obtaining the policies of insured required hereunder, give notice to the insurance carriers that the foregoing mutual waiver or subrogation is contained in this Lease. 14. RIGHT OF ENTRY. The Landlord and its representatives may enter the Leased Premises at any reasonable time for the purpose of inspecting the Leased Premises, performing any work which the Landlord elects to undertake made necessary by reason of Tenant's default under the terms of this lease, exhibiting the Leased Premises for sale, lease, or mortgage financing, or posting notices of no responsibility under any mechanic's lien law. Landlord does reserve the right to go upon and deal with the Leased Premises or any part thereof for the purpose of implementing a common development for any plan for any project of which the leased premises may be a part, and to install nonexclusive roadways and other street improvements for use by vehicles, pedestrians, and for parking; to undertake such drainage programs to handle underground surface drainage water and to try to make any other changes or improvements as Landlord may deem advisable in the exercise of Landlord's sole discretion; provided, however, that any such action by Landlord shall not unreasonably interfere with the rights of Tenant. 6 15. CASUALTY DAMAGE. If the Leased Premises is completely destroyed or so damaged by fire or other casualty as to render it unfit for use by Tenant, and repair or restoration is not economically feasible, or cannot be completed within 180 days from the dated of the event causing the damage or destruction, the Landlord or Tenant may terminate this lease on notice of at least ten days and no more than thirty days. If the lease shall so terminate, all basic and additional rent shall be apportioned to the date of termination. Except as otherwise provided in this article, if the Leased Premises or any part thereof shall be destroyed or damaged, and if this lease shall not be terminated pursuant to rights granted in this article, such damage or destruction shall not effect the provisions of this lease, any rule, law, or regulation to the contrary notwithstanding, and the Tenant's obligations under this lease, including the payment of basic rent and other charges, shall continue without abatement of any kind. 16. CONDEMNATION. If the Leased Premises or such portion thereof, is condemned which will make the Leased Premises unsuitable for the purpose herein leased, by any legally constituted authority, then in either of such events this lease shall cease from the time when possession is taken by such authority and rental shall be accounted for between the Landlord and the Tenant as of the date of the surrender of possession. Such termination shall be without prejudice to the rights of either the Landlord or the Tenant to recover compensation from the condemning authority for any loss or damage caused by such condemnation. Neither the Landlord nor the Tenant shall have any rights in or to any award made to the other by the condemning authority. 17. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign, mortgage, or encumber this lease, nor sublet or permit the Leased Premises or any part thereof to be used by others without the written consent of the Landlord in each instance. If this lease is assigned, or if the Leased P emises or any part thereof is sublet, or occupied by anyone o her than the Tenant, the Landlord may, after default by the Tenan , collect rent from the assignee, sub -tenant, or occupant and app y the net amount collected against all rent herein reserve . No such assignment, subletting, occupancy, or collection shall e deemed a waiver of this covenant, or the acceptance of this assignee, sub -tenant, or occupant as tenant, or a release of Tenant from further performance by the Tenant of the covenants in this lease. The consent by the Landlord to an assignment or subletting shall not be construed to relieve the Tenant from obtaining the consent in writing of the Landlord to any further assignment or subletting. 18. SUBORDINATION TO MORTGAGE. This lease shall be subject and subordinate at all times to the lien of any existing mortgages and trust deeds and mortgages and trust deeds which hereafter may 7 be made a lien on the Leased Premises. Although no instrument or act on the part of the Tenant shall be necessary to effectuate such subordination the Tenant will nevertheless, execute and deliver such further instruments subordinating this lease to the lien of any such mortgages or trust deeds as may be desired by the mortgage or holder of such trust deeds. The Tenant hereby appoints the Landlord as its attorney in fact, irrevocably, to execute and deliver any such instrument for the Tenant. Tenant further agrees at any time and from time to time upon not less than ten days prior written request by Landlord, to execute, acknowledge, and deliver to Landlord a statement in writing certifying that this lease agreement is unmodified and is in full force and effect (or if there have been modifications, that the lease is in force and effect as modified, and stating the modifications); that there have been no defaults there under by Landlord or Tenant (or if there have been defaults setting forth the nature thereof), and the date to which the rent and other charges have been paid in advance, if any, it being intended that such statement delivered pursuant to this requirement may be relied upon by any prospective lender or by any prospective purchaser of all portion of Landlord's interest therein, or by the holder of any existing mortgage or deed of trust encumbering the leased premises. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (1) that this lease is in full force and effect, without modification except as may be represented by Landlord; (2) that there are no uncured defaults in Landlord's performance; and (3) that not more than one month's rent has been paid in advance. Further, upon request, Tenant shall supply to Landlord a corporate resolution certifying that the Tenant is properly authorized to do so, if Tenant is a corporation. Tenant agrees with any mortgagee of Landlord and Landlord that if there is a foreclosure of the afore described mortgages or trust deeds for the use of the motgagee and pursuant to such foreclosure, the Public Trustee or other appropriate officer executes and delivers a deed to the mortgagee or its designee, to the Leased Premises, or in the event Landlord conveys the Leased Premises to the mortgagee or its designee, in lieu of foreclosure, Tenant will agree to such grantee of the Leased Premises, rather than to Landlord, to perform all of Tenants obligations under the Lease, and Tenant shall have no right to terminate the lease by reason of the foreclosure of the mortgage or trust deed or deed given in lieu thereof. 19. INDEMNITY. Tenant shall indemnify and hold harmless Landlord from and against all liabilities, penalties, damages, judgments, and expenses, including reasonable attorney's fees incurred by Landlord in defending or satisfying any claim of any type or nature including personal injury claims and property damage claims, arising out of the use, occupancy, or control of the Leased Premises or any of its appurtenances by Tenant. 8 The Tenant agrees that the Landlord shall not be liable for any damage or loss suffered because of the failure of any heating, plumbing or electrical fixtures. If, as outlined in this lease, the repair of the failed fixture is the Landlord's responsibility the Landlord will repair said fixtures as promptly as is reasonably possible, baring acts of God or other happenings beyond the Landlord's control. 20. HAZARDOUS MATERIALS INDEMNIFICATION. Tenant and its agents, employees, contractors and invitees shall not engage in any business wherein hazardous substances are used or any hazardous materials released or threatened to be released, including, but not limited to, the business of generating, transporting, storing, treating or disposing of hazardous substances or hazard waste except in conformance with all applicable laws and regulations concerning the use, storage and transportation of hazardous materials. Waste or Materials shall include, but not limited to, substances defined as hazardous substances in the Comprehensive Environmental response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et. Seq.; or Colo. Rev Stat. SEC. 25-16-101 et. Seq. or 25-15-101 et. Seq.; the Materials Transportation Act of 1975, 49 U.S.C. Sec.1801 et. seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sec. 6901 et. seq. or any amendments or supplements thereto. The Leased Premises shall not be used for the storing or disposal of hazardous substances during the term of the lease except in conformance with all applicable laws and regulations concerning the use, storage and transportation of hazardous materials. Tenant shall comply with all applicable environmental laws, rules, and regulations concerning the Tenant's business. Tenant shall provide the Landlord copies of all reports required by environmental agencies within (15) fifteen days of filing. Landlord makes no representations that the Leased Premises is free from Hazardous Waste or Hazardous Material which would adversely affect the health of the Tenant, its agents, employees, or the Tenant's sub -lessee's or subtenants or their customers. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind and all costs and expenses incurred in connection therewith (including but not limited to attorneys'fees and expenses), arising directly or indirectly, in whole or in part, out of the presence on or under the Leased Premises, of any Materials (as defined herein) or any releases or discharges of any Materials by Tenant or any employees, agents, contractors or subcontractors of Tenant or 9 persons occupying or present on the Leased Premises, in connection with handling, treatment, removal, storage decoration, cleanup, transportation, or disposal of any Materials at any time located or present on, under or about the Leased Premises. The forgoing indemnity shall further apply to any residual contamination on or under the Leased Premises or affecting any natural resources and to any contamination of any of the Leased Premises and/or natural resources arising in connection with the generation, use, handling, storage, transport, or disposal of any such Materials and irrespective of whether any of such activities were or will be undertaken in accordance with applicable laws, regulations, codes, and ordinances. All obligations of Tenant hereunder shall survive and continue after the expiration of this lease or its earlier termination for any reason. For purpose of this Agreement, the terms disposal, release, threatened release, hazardous substance, and hazardous waste, shall mean and include any hazardous, toxic, or dangerous waste substance or material or any disposal, discharge, release or threatened release or any defined as such in any federal, state, or local statute, law, ordinance code, rule, regulations, or order or decree concerning any hazardous, toxic or dangerous waste, substance or material as now or at any time hereafter in effect. 21. Intentionally deleted. 22. DEFAULT. The occurrence of any of the following shall constitute an event of default: (1) Delinquency in the due and punctual payment of any rent payable under this lease when such rent shall become payable for a period of three days after written notice. (2) Delinquency by the Tenant in the performance or compliance with any conditions contained in this lease other than those referred to in the foregoing sub -paragraph (1), for a period of thirty days after written notice thereof from the Landlord to the Tenant, except for any default not susceptible of being cured within such thirty day period, in which event the time permitted to the Tenant to cure such default shall be extended for as long as shall be necessary to cure such default, provided Tenant commences promptly and proceeds diligently to cure such default, and provided further that such period of time shall not be so extended as to jeopardize the interest of the Landlord in this lease or so as to subject the Landlord or the Tenant to any civil or criminal liabilities. (3) Filing by the Tenant in any court pursuant to any statues, either of the United States or any state, a petition in bankruptcy or insolvency, or reorganization, or for the appointment of a receiver or trustee of all or a portion of the Tenant's property, or an assignment by the Tenant for the benefit of creditors. (4) Filing against the Tenant in any court pursuant to any statute, either of the United States or any state, of petition in bankruptcy or insolvency or for reorganization, or for appointment of a receiver or a trustee 10 pursuant to the provisions of paragraph 22.2 of this article, after deducting all the Landlord's expenses in connection with such re -letting, including, without limitation, all repossession cost, brokerage commissions, legal expenses, reasonable attorney's fees, alteration costs, and expenses of preparation of such re -letting. The Tenant shall pay such current damages, herein called deficiency, to the Landlord monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect. Nothing herein contained shall limit or prejudice the right of the Landlord to prove for and obtain as liquidated damages by reasons of such termination an amount to the maximum allowed by any statute or rule of law in effect at that time when, and governing the proceedings in which such damages are to be proved, whether or not such amount be greater, equal to, or less than the amount of the difference referred to above. 22.4 Tenants Waiver. In the event of a default by Tenant, other than the payment of rent, which remains uncured after thirty days written notice from the Landlord, the Tenant hereby expressly waives, so far as permitted by law, the service of any notice of intention to renter provided for by any statute, or of the institution of legal proceedings to that end. The Tenant, for and behalf of itself and all persons claiming though or under the Tenant, also waives any right of redemption or reentry or repossession or to restore the operation of this lease in case the Tenant shall be dispossessed byy a judgment or by warrant of any court or judge or in case of reenter or repossession by the Landlord. In case of any litigation under this lease, the Landlord and the Tenant, so far as permitted by law, waive trial by jury in any action, proceeding, or counterclaim brought by either party against the other on any matter for any claim of injury or damage arising out of or in any way connected with this lease, based on the relationship of the Landlord and Tenant, concerning the Tenant's use or occupancy of the Leased Premises. Landlord and Tenant further agree that the party not in default shall be entitled to recover, from the party in default, all cost and reasonable attorney's fees incurred by the non -defaulting party in enforcing its rights under this leased agreement. 22.5 Reenter, Entry or Reentry. The Terms enter, re-enter, entry, or reentry, as used in this lease are not restricted to their technical legal meaning. 22.6 Rate of Interest. Any amounts not paid by Tenant to Landlord when due shall draw interest at the rate of eighteen percent per annum from due date until paid. Payment of such interest shall not excuse or cure default by Tenant under this lease. 22.7 No Waiver by Landlord. No assent, express of implied, to any breach of one or more of the covenants or terms of this lease shall be deemed or construed to be a waiver of any succeeding or 12 other breach. 22.8 Certain Rights of Landlord. If Tenant abandons or vacates any substantial portion of the leased premises or is in default in the payment of any rentals, damage, or other payments required to be paid by this lease, Landlord.may enter upon the Leased Premises, by force if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or more successive sales, with or without notice, to the highest bidder for cash and, on behalf of Tenant, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder, all of Tenant's title and interest in the property sold. The proceeds of any such sale of person property shall be applied by Landlord toward the cost of the sale and then toward the payment of all sums then due by Tenant to Landlord under the terms of this lease. 22.9 Landlord's Limitation of Liability. Notwithstanding anything to the contrary contained herein, Landlord's liability under this lease agreement shall be limited to Landlord's interest in the Leased Premises. 23. MISCELLANEOUS PROVISIONS. The paragraph captions contained in this lease agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms or provisions hereof. 23.1 Time is of the Essence. Time is of the essence of this lease agreement and of all provisions herein. This lease agreement shall be construed and effected and enforced in accordance with the laws of the State of Colorado. 23.2 Invalidity of Provisions. If any provisions of this lease agreement shall be declared invalid or unenforceable, the remainder of the lease agreement shall continue in full force and effect. 23.3 Entire Agreement. This lease agreement contains the entire agreement between the parties, and any executory agreement hereafter made shall be ineffective to change, modify, or discharge it in whole or in part, unless such executory agreement is in writing and signed by the party against whom the enforcement of the change, modification or discharge is sought 24. Notices. Any notice from one party to another, required by the terms of this lease agreement, may be delivered in person to such party (delivered to one of two or more persons named as a party shall be effective notice to all), or shall be delivered by first class mail, postage prepaid, and shall be deemed given one day after the date mailed, addressed to the respective parties as follows: 13 LANDLORD: RRRS, LLP 10763 Turner Blvd. Longmont, CO 80504. 303-678-0443 TENANT: Fiera Entertainment LLC dba El Ccaporal, 10763 Turner Blvd. , #1, Longmont, CO 80504. 303- 25. MEMORANDUM: RECORDING. This lease agreement shall not be recorded in the office to the County Clerk and Recorder in the county in which the Leased Premises are located, without prior written consent of both parties. However, in order to effect public recording of notice of this lease the parties may, at the time this lease agreement is executed, or at any time thereafter upon request of either party, execute a memorandum of lease incorporating therein by reference the terms of this lease agreement, but deleting therefrom any express statement or mention of the amount of rent herein reserved, which instrument may thereafter may be recorded by either party in the office of the County Clerk and Recorder of the county in which the Leased Premises are located. 26. BINDING EFFECT. This agreement shall bind and extend to the heirs, representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this lease agreement on the date set forth opposite their respective signatures. LANDLORD: RRRS, LLP. Rick L. Hiatt/Property Manager TENANT: For: Fiera Entert By: Name: Elvira es Mercado 14 Certificate of Acknowledgme t of Notary Public State of 4'/.01-4 pip County of ��//�'i On ,i7//% before me, /Yjre, /t 5%h nail, a notary public, ho personally appeared ��jia� J°w proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of f la'4da that the foregoing is true and correct. Witness my hand and official seal. Signature (Seal) NOTARY PUBLIC STATE MY COMMISSION EXPIRES OCT. It 2019 15 Z_St 3L/ i� kr 1 8,4a 114 IL St" 51rk 14.2709l TAWS cr7 v g/9- E r isoceL Cott -- 4 LOUEYt lb czz F V ' AJoP 5wr. 4 ,meem,..4 plemi red Let J DAi✓l l fbgalz. O • • a gra- �ioR--- 3 and arS Sr RECORDED EXEMPTION NO. I3I3-I0-I- RE 957' LEGAL DESCRIPTION That portion of the Northeast Quarter of Section 10, Township 2 North, Range 68 West of the 6th ?.M., Weld County, Colorado more particularly described as follows: Considering the South line of the Northeast Quarter of said Section 10 as bearing North 89'49' West and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 10; thence along the South line of the Northeast Quarter of said Section 10, North 89 49' West, 451.4 feet; thence North 00'24' East, 1323.4 feet to the true point of beginning; thence North 00'24' East, 524.18 feet; thence North 89'32'17" West, 299.91 feet; thence South 00'24'33" West, 522.67 feet; thence South 89'15' East,300:0 feet to the true point of beginning. The above described tract contains 3.604 Acres, more or less. Subject to any rights of way or other easements as described by Instru- ments of Record or as now existing on said described tract. SURVEYOR'S CERTIFICATE I hereby certify that this plat was prepared- by me. -grid that the same is correct to the best of my knowledge and belief. ave. eJa ALLEN L. ROYER LSS 1682 We, the;urdersigned, being the so19,eyners in fee of •e above described propy4r y, do hereby piiMivide thesame,im n on the ; map. DENNIS HIATT RONALD RIATT LONGMONT PARTNERSHIP II The, foregoing certification was acknowledged before C A.D., 198(,. My commission expires: • Notary Public` !w4'. --) 1 . !q Witness my hand *id seal STOCKER day of eetill MAR- Sine A Me14W UNOA S. NELSON IN Foss Ew. Not L 1387 The accompanying plat is accented and approved for filing. Department of Planning 5ervi ' rector The foregoing certification was acknowledged before me this 01,b day of , A.D., 19,11 My Commission expires; Notary Public:. Witness my Hand and Seal my io ontian maw Feb. Yi.1430 B 1156 REC 02099117 05/08/87 15:40 $6.00 2/002 F 0521 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Sheet 2 of 2 RECO^.DED EXEMPTION tlO. AR2099117 NO 0V O ▪ • O or 03 cn- 0 a 0 UN .O (4 ..a .4a coa co C.) co o W E. o CO W rD .w44 N $a a 04 a 030 N N .44 O 0344 N N 5. oo' E4' 33"W 1313-10-I- RE 957 FRIZ .# 4'95 ENV *4582 A PORTION: OP TES NS 4 of Sec. 10, T 2N, R 69W of the 6th P.M. WELD COUNTY, COLORADO N. 89 ' 32' / 7" W. 29 9.91' TRACT I AREA - 1.802 Acne5 89°28'Vt.°e. 217.96 - TRA CT 2 AREA- 1.801 ACRES 5, 9°, ' E. LOCATION MAP Scale -1"=2000' COWRY. II! N N 0 N ro I0 S. uws Ni5q Sea to LEGEND -•2e -Pin found. Sept. 24, AREA 1986 Tract 1-1.802 Acre Tract 2-1.802 Acre Total 3.604 Acre SCALE -1"60' BASIS Or BEARINGS -The East line of the above shown tract bearing N. 00°24' E. Sheet 1 of 2 MI!" WELD COUNTY •' �� C�NI_INE: Liquor License Renewal Application iblHIGHW LG n.WA B ii ail SPR-106 PRr29 S"R 17-00b4SPR 149 yS _ S F R -3 t* S Pk -9 ,.17 �� �- .G � v v v v } I�SP_R , 3 C ORRErTe' ?' SPR-19 - PR -4001 S ;3.x13 ill,* yr- 174SPR -4 1 _ .�*' ��� C. F.c RC4' spR-6 I A (,F ' 'l .Ul- R fl - # r�.1. +' ',: i •irini liar.r ; �# L r'HI! t__TF-i I 1,687.8 WGS 1984 Web Mercator_Auxiliary_Sphere c Weld County Colorado 0 CORY ORY A\ il,. 843.89 1,687.8 Feet W CRr24 F west ° SF'R-201 SF'R-104 I his map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend Parcels USR - Uses by Special Review SPR - Site Plan Review Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year 7nne Al- Floodplain - 100 Year Zone AC Address Label Highway Li County Boundary Notes El Centenario Entertainment, LLC dba El Centenario Nightclub 10763 Turner Boulevard, Unit 1, Longmont, CO 80504 WELD COUNTY ONLINE MAPPING Liquor License Renewal Application Igo, is HIGHW G HW Y=1€1.9 •W ;360 6,3,641 J 65 5,1 .6 �'_ 1 0 6: t) �t 0,6713''4 `ire tar-ErTriS711614� .(15 9 R - �► riel 11.4a1 1 �'44O .� . 1'u Su 110'42;1 I,tit'43t31 �._ 6t ...te a.deswr.Ia ali F�.O REs E R�P,1._ ov a Z -I,C� eprT tJ .1p ss,4 P,v4pi54;oicsr4?)74,*; tu:056 *DU R`A'N G.01P L1`W :171452 tlikatill14171,15,1a4; wintiaThcA94;11taC31.61,46 WGS 1984 Web Mercator Auxiliary Sphere c Weld County Colorado 1 ASHA4E 10'910 10910#2.215'9 #12r71 421.94 aliC 107651 843.9 Feet 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 • Boulder Denve El Centenario Entertainment, LLC dba El Centenario Nightclub 10763 Turner Boulevard, Unit 1, Longmont, CO 805(14 WELD COUNTY ONLINE MAPPING Liquor License Renewal A Egli% WGS 1984_ Web Mercator Auxiliary_ Sphere c Weld County Colorado polication Ma asap a m a: r amiseS. tare 105.5 Feet This map is a user generated SLJUL output Dior; Jr) ternet 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 POIY'ef Nohona! Geifslond dCt Legend El Centenario Entertainment, LLC dba El Centenario Nightclub 10763 Turner Boulevard, Unit 1, Longmont, CO 80504 12/27/2019 Property Report Weld County PROPERTY PORTAL Account Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R0086087 December 27, 2019 Parcel Account Tax Actual Assessed Space Type Year I Buildings Value Value R0086087 131310100038 Commercial 2019 3 1,200,000 ( 348,000 Legal 25107-X1 PT NE4 10 2 68 TRACT 2 REC EXEMPT RE 957 Subdivision Property Address City - 4----. 10763 TURNER BLVD 7 Block Lot Land Economic Area DEL CAMINO HIGH VIEW Property Zip Section Township 10 1 02 Range I 68 Account Owner Name Address R0086087 RRRS LLP 10763 TURNER BLVD LONGMONT, CO 805049578 4 https://propertyreport.co.weld.co.us/?account=R0086087 1/6 12/27/2019 Property Report Reception Rec Date Type I Grantor Grantee 03-25-1988 ' SPR SITE PLAN SPR- j I REVIEW 107,103,83 07-18-2000 02231647 10-31-1990 PTD SPR r Doc Fee I Sale Date Sale Price 4- —1- 0.00 SITE PLAN REVIEW -4 SPR-309 0.00 0.00 10-30-1990 I 0 ! i 0 1706448 I 2080821 WELD I CASE: Z- 12-21-1976 COZ COUNTY 106* ZONING ZONING C-3 12-16-1986 i WD 2099117 05-08-1987 RE POWER LONGMONT CAR WASH PARTNERSHIP INVESTORS LTDI RECORDED EXEMPTION 2517494 i 10-25-1996 SWDN G B G I INC RRRS LLP L. - I RE -957 0.00 28.30 11-21-1986 283,000 0.00' 0 0.00 € 09-30-1996 Building 1 AccountNo Building ID Occupancy R0086087 ID Type NBHD ° Occupancy Complete Car Wash Bedrooms Baths Commercial 3919 I Car Wash I 100 I 0 ID Exterior Roof Interior Cover -1- HVAC Perimeter Units Unit Type 4- Flat Space 514 0 Heater Square Condo Ft ! SF 13,850 Total Basement SF Finished Basement SF Make Garage Carport Balcony SF ; SF SF 0 0 0 0 Porch SF 0 _j _ https://propertyreport.co.weld.co.us/?account=R0086087 2/6 12/27/2019 Property Report Built As Details for Building 1 Square Year Ft Built 3,410 1987 1 10,440 1987 ID Built As 1.00 Retail Store 1.00 Car Wash - Self Service Additional Details for Building1 ID 1 Detail Type Description Stories Length Width 0 0 �i 0 -y— Units 1 Add On Concrete Slab 26,420 Add On Concrete Slab AccountNo 11,440 Building 2 Building ID R0086087 ! 2 Type Occupancy Retail I ` ! NBHD Occupancy 'i1 o Complete Bedrooms j Baths Rooms i Commercial 3919 Retai 100 0 0 ID Exterior RooRoof Interior ! HVAC Perimeter Units Type Make t 2 Flat Package ! 422 0 Unit ID Square Ft Condo I Total Finished SF Basement Basement SF I SF 0 0 Garage Carport Balcony I Porch SF SF SF SF https://propertyreport.co.weld.co.us/?account=R0086087 3/6 12/27/2019 Built As Details for Building 2 Property Report ID ID ID Built As Square Year Ft Built Retail 2.00 Store , Stories Length Width 6,300 1987 1 Additional Details for Building 2 r j ID 1 Detail Type I Description Units 2 ! Add On Concrete Slab 12,338 Building 3 AccountNo I Building ID R0086087 " 3 Type NBHD I Occupancy Complete Bedrooms Baths 3 Rooms Occupancy Warehouse Commercial 3919 Warehouse 100 r Exterior Cover Interior HVAC Perimeter Units •Unit Make Flat None 64 l Square E Condo Ft SF Total Basement SF Finished Basement SF Built As Details for Building 3 r_ _ ID Built As Square Year Ft Built 3.00 Light Commercial 240 i 2002 Utility Garage '', Carport ; Balcony SF SF ! SF 0 Stories Length Width Porch SF No Additional Details for Building 3 https://propertyreport.co.weld.co.us/?account=R0086087 4/6 12/27/2019 Property Report Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 2212 MERCHAND IMPROVEMENT SING- 566,128 164,180 0.000 0 Improvement 2230 IMPROVEMENTS SPECIAL PURPOSE- 224.936 65,230 0.000 0 Improvement 2235 IMPS WAREHOUSE/STORAGE 1,214 350 0.000 0 Land 2130 SPECIAL LAND PURPOSE- 407,722 118,240 1.800 78,408 Totals - - 1,200,000 348,000 1.800 78,408 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL Tax Area ID District District Name Current Levy Mill 2341 e 1050 HIGH PLAINS LIBRARY 3.217 2341 0311 LEFT HAND WATER 0.000 2341 1202 LONGMONT CONSERVATION 4 0.000 2341 0512 MOUNTAIN DISTRICT VIEW FIRE RESCUE 16.247 _ 2341 0301 NORTHERN (NCW) COLORADO WATER 1.000 2341 0213 SCHOOL DIST RE1J-LONGMONT 57.559 2341 0620 ST VRAIN SANITATION 0.484 2341 0100 WELD COUNTY 15.038 Total - - 93.545 https://propertyreport.co.weld.co.us/?account=R0086087 5/6 12/27/2019 Property Report .h. • n Building 1 Page 1 Building 2 Page 1 Building 3 Page 1 Copyright © 2019 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R0086087 6/6 NOTICE Pursuant to the liquor laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4213, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Petitions and comments may be filed in the office of the Clerk to the Board of County Commissioners. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to crempel@weldgov.com. DOCKET #: 2020-16 HEARING DATE: January 15, 2020 HEARING TIME: 9:00 a.m. APPLICANT: El Centenario Entertainment, LLC dba El Centenario Nightclub 10763 Turner Boulevard, Unit 1 Longmont, CO 80504 REQUEST: To grant a County Dance Hall License, expiring December 31, 2020 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 31, 2019 PUBLISHED: January 3, 2020, in the Greeley Tribune Affidavit of Publication NOTICE Pursuant to the liquor laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of -County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this hearing, please contact the Clerk to the Board's Of- fice at (970) 400-4213, prior to the day of the hearing. The complete case file maybe examined in the office of the Clerk to the Board of County Commissioners, Weld County -Ad- ministration Building, 1150 0 Street, Greeley, Colorado 80631. Petitions and comments may be filed in the office of the Clerk to the Board of County Commissioners. E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to crempel@weldgov.com. DOCKET #: 2020-16 HEARING DATE: January15, 2020 HEARING TIME: 9:00 a.m. APPLICANT: El Centenario Entertainment, LLC dba El Centenario Nightclub 10763 Turner Boulevard, Unit 1 Longmont, CO 80504 - REQUEST: To grant -a Cdunty Dance Hall License, expiring De- cember 31, 2020 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: December 31, 2019 The Tribune . 1L January 3, 20.0_ - STATE OF COLORADO County of Weld, I Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Third day of January A.D. 2020 and the last publication thereof: in the issue of said newspaper bearing the date of the Third day of January A.D. 2020 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. January 3, 2020 Total Charges: $11.88 3rd day of January 2020 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 January 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 ATTN: LUCIA FELIX DE SAMANIEGO EL CENTENARIO ENTERTAINMENT, LLC EL CENTENARIO NIGHTCLUB 1526 TERRA ROSA AVENUE LONGMONT, CO 80501 RE: 2020 COUNTY DANCE HALL LICENSE APPLICATION Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for a 2020 County Dance Hall License at the property described as: 10763 Turner Boulevard, Unit 1, Longmont, Colorado 80504. The meeting is scheduled for Wednesday, January 15, 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. If you have any questions concerning this matter, please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. Sincerely, eaau, 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 Friday, January 10, 2020 3:52 PM Javier Jimenez Notice of Hearing - 2020 County Dance Hall License Notice of Hearing - Dance Hall License.pdf This is to advise you that the Weld County Board of Commissioners will hear your request for a 2020 County Dance Hall License at the property described as: 10763 Turner Boulevard, Unit 1, Longmont, Colorado 80504. The meeting is scheduled for Wednesday, January 15, 2020, at 9:00 a.m. While this is a public hearing and you are welcome to attend, your attendance is not mandatory. If you have any questions or concerns, 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 LUCIA WELD COUNTY DANCE HALL LICENSE CERTIFICATE OF MAILING ;LAST NAME FELIX DE SAMANIEGO COMPANY EL CENTENARIO ENTERTAINMENT, LLC, DBA EL CENTENARIO NIGHTCLUB ADDRESS 1 1526 TERRA ROSA AVENUE CITY LONGMONT STATE POSTAL CODE CO 80501 jjjplumbingheating@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 10th day of January, 2020. a• Chloe A. Rempel Deputy Clerk to the Board O 0 E2 O (NI O t U 0 0 • m CO a)OO • ° 0 UU) - Y m �UaO RECEIPT DATE aI&I ► SOVi NO. 90809 RECEIVED FROM at C€ fl f f x i O E nk--f-a i n (Yt,t>+, LLC. ADDRESS ►oiCoB Tven,u- E,Ivd.Vn�t I, Lpr‘ nt, CO %s0504 Tt (J 1= v?£ + /(Od $ 00 FOR c�� O a0 Count pourY2 Hall Lice -n Lt.QtR HOW PAID CASH f S Q O CHECK MONEY ORDER tr cash O1�1 �Ce_. L• l' c ein BY OAC) P.. Rmta November 19, 2019 CLERK TO THE BOARD PHONE: (970) 400-4225 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 www.weldgov.com ATTN: LUCIA FELIX DE SAMANIEGO EL CENTENARIO ENTERTAINMENT, LLC EL CENTENARIO NIGHTCLUB 1526 TERRA ROSA AVENUE LONGMONT, CO 80501 RE: DANCE LICENSE RENEWAL Dear Licensee: This letter is to inform you that your dance license will expire December 31, 2019. Enclosed is an application form. If you would like to renew your Dance License, please complete the application form and return it with a check in the amount of $25.00. Please be sure to sign the application form. Your application will be considered for approval by the Board of County Commissioners at a regular board meeting. Upon approval, a new license will be issued and mailed to you. Your check should be made payable to: "Weld County Clerk to the Board" and remitted to the above address as soon as possible. If you have questions or need additional information, please do not hesitate to contact me at (970) 400-4213. Sincere regards, Chloe A. Rempel Deputy Clerk to the Board Supervisor crempel@weldgov.com Hello