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Home My WebLink About20200261.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Application for a Colorado Liquor Sales Room DEPARTMENT: Clerk to the Board DATE: 01/08/2020 PERSON REQUESTING: Chloe A. Rempel Brief description of the problem/issue: Colorado Liquor Sales Rooms are licensed by the CO Dept. of Revenue, but the State allows the local licensing authority to submit comments/concerns. A "Sales Room" is defined as an area in which a licensed winery, limited winery, distillery, or beer wholesaler, sells and serves alcohol beverages for consumption on the licensed premises, sells alcohol beverages in sealed containers for consumption off the licensed premises, or both. Summit Cider and Beverages Corporation, dba Wild Cider, is applying for a permanent winery sales room at 11455 CR 17, Firestone, CO. What options exist for the Board? (include consequences, impacts, costs, etc. of options): After review, and conference with Bob Choate, Assistant County Attorney, staff has recommended the Board select "do not object" on the application because a Liquor Sales Room at the suggested location would not result in any violations. The Board also has the ability to select "object" if other concerns exist. Recommendation: Because Colorado Liquor Sales Rooms are not licensed by the local licensing authority, the Weld County Attorney's Office recommends the Board instruct the Clerk to the Board's Office to place this item on the Consent Agenda, with the recommendation to select "do not object" on the application. Sean P. Conway Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Chair Pro -Tern inert a�/aor eo Approve Recommendation Schedule Work Session cc:cOCQC'. PLCTP). py(1JG). 5oCM3). PPL. < L E tJ Ot lao/ aO Other/Comments: 2020-0261 LGooaa DR 8057 (03/24/17) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division -108 PO Box 173350 Denver, CO 80217-3350 Fax (303) 205-2341 Phone (303) 205-2300 RECEIVED DEC 0 9 2019 Application for Colorado Liquor Sales Room WELD COUNTY Regulation 47-428, 1 C.C.R. 203-2 COMMISSIONERS ❑ Malt Liquor ❑ Limited Winery f❑ Temporary (1 'Permanent (3 days or less) Winery ❑ Distillery 1. Name of Applicant exactly as it appears on your current Colorado Liquor License. SU t v, vv `4 C id er g e,vfr ac�e,s ict C;dery 2. Trade Name of Applicant ti 3. State Sales Tax No. 3°3311sL( 4. Business Address of Applicant (Number and Street) 11 Covy►-i y 1Fd, 17 5. Mailing Address (Number and Street) i(6.5 // 6ovevy Kai I 7 6. Phone Number 303-- 53a --?9 V9 8. Sales Room Location (Full Address) Time: Time: 10. Rights to Premises Granted by: (attach a copy 4�of the Premises Use Authorization letter or lease if not previously submitted) fil k 13t0`lc►v1 11. }denting/Leasing % Basis 12. If Yes, List % and Interested Party. Use Additional Sheet if Necessary. MI Yes No l`a "d Jet — %natiNI- B 3PI ►in PF,,,,,,11,��3---,,,,,,../// Alcohol will be sold (check all that apply) or on -premises consumption (if selected, please file this application with the Local Licensing Authority and the State Licensing Authority) or off -premises consumption WE 14. he Sales Room Applicant affirms they have complied with local zoning restrictions? Lt0 Yes ❑ No DAM ❑ PM DAM ❑PM 15. Additional Required Documents ❑ Attach an outlined diagram of proposed premises ❑ Attach a copy of the premises control plan describing how the premises will be controlled to ensure compliance with liquor code and rules. It must include ❑restricting sales to minors and visibly intoxicated persons and insuring that customers cannot leave the premises with an open container of alcohol. Attach a copy of any contracts and/or operating agreements pertaining to the sales room. Local Licensing Authority Name Weld County, Colorado Date Application Copy Submitted to Local Licensing Authority 12/09/2019 Oath of Applicant: I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. 1 also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor, Beer Code and Liquor Rules which affects my permit. Applicant Signature Not to o Local Licensing Authority Date l t//9 This application for a Sales Room will be granted to the above name applicant unless any of the below tb I listed conditions appl ❑ Issuance of this permit would impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances. ❑ If granted this permit would result in violations of the Colorado liquor code or the laws of the local government. (specify) ❑ Issuance of this permit would violate local zoning laws. For events lasting three consecutive days or less, th determination to the State Licensing Authority. For events lasting four or more consecutive da to the State Licensing Authority. Local Licensing Authorities can send the appr If the Local Licensing Authority does not sub shall deem that the Local Licensing Authority h neighborhood concerns in a manner that is inco mitigate any impacts identified by the Local Licen Licensing Authority Signature Mike Freeman, Cha' If the Local Licensing Authority objects to the sales room, provide a separate page with details of the objection. If any of these conditions apply please contact the State Licensing Authority ty immediately. ❑ Object Do Not Object Applicant Liquor License No. City rre54-Gw•se City 7. Email Address State Co State Co ZIP gd.coy ZIP 806-Z3 t( dam ieidcider co. covv) 9. Dates of Events: From Date: To Date: Title Owraef Authority has ten (10) business days to submit its ority has forty-five (45) days to submit its determination d@state.co.us n within the time specified, the State Licensing Authority osed sales room will not impact traffic, noise, or other ions or ordinances or that the applicant will sufficiently Local Licensing Authority Contact Name Chloe A. Rempel y Phone Number 970-400-4213 c?0o2.o - 0024 / 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, Summit Cider & Beverages LLC is a Limited Liability Company formed or registered on 07/02/2019 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 20191544568 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 07%09/2019 that have been posted, and by documents delivered to this office electronically through 07/10/2019 @ 12:56:00 . 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 07/10/2019 @ 12:56:00 in accordance with applicable law. This certificate is assigned Confirmation Number 11676085 . Secretary of State of the State of Colorado *********************************************t:nd 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_'CertiftcateSearchCriteria.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.usi click "Businesses, trademarks. trade names" and select "Frequently Asked Questions." OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF DOCUMENT FILED I, Jena Griswold , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, the attached document is a true and complete copy of the Articles of Organization with Document # 20191544568 of Summit Cider & Beverages LLC Colorado Limited Liability Company (Entity ID # 20191544568 ) consisting of 3 pages. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 07/18/2019 that have been posted, and by documents delivered to this office electronically through 07/19/2019@ 08:20:14. 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 07/19/2019 @ 08:20:14 in accordance with applicable law. This certificate is assigned Confirmation Number 11692969 . 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/CertiflcateSearchCriteria.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." Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. -Filed Colorado Secretary of State Date and Time: 07/02/2019 10:46 PM ID Number: 20191544568 Document number: 20191544568 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-90-301 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Summit Cider & Beverages LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability Co. ", "ltd. liability co.", "limited", "tic.", "1k ", or "ltd. ". See §7-90-60I, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address 11455 Co Rd 17 (Street number and name) Firestone CO 80504 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name.) Reagan Daniel M (Last) (First) (Middle) (Suffix) Street address 11455 Co Rd 17 (Street number and name) Firestone (City) CO 80504 (State) (ZIP Code) Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) ARTORG_LLC Page 1 of 3 Rev. 12/01/2012 (City) CO (State) e following statement is adopted by marking the box.) ©(ThThe person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) Daniel or (if an entity) (Caution: Do not provide both an individual and an entity name.) Reagan M (Last) (First) (Middle) (Suffix) Mailing address 25431 E Indore Dr (Street number and name or Post Office Box information) Aurora CO 80016 (City) CO (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) n one or more managers. or n the members. 6. (The following statement is adopted by marking the box.) n There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute an✓pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Reagan Daniel (Last) 25431 E Indore Dr (First) (Middle) (Suffix) (Street number and name or Post Office Box information) Aurora CO 80016 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marling the box and include an attachment.) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 DocuSign Envelope ID: 11B6C9A8-1D5A-47F4-A8DF-402DD94B0897 COLOADO COMMERCIAL LEASE This lease agreement is entered into on this the 1st day of August , 2019 , by and between: Mark Birkin , (hereinafter called "LESSOR"), whether one or more, and Rocky Mountain Cider CO AKA Wild Cider /Daniel Reagan and Audrey Reagan , (hereinafter called "LESSEE"), whether one or more. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, LESSOR and LESSEE do hereby covenant, contract and agree as follows: 1. PREMISES AND TERM: LESSOR, hereby leases to LESSEE for the term commencing on the 1St day of August , 2019_ and ending on the _31st day of July ,2020_, (the "TERM") the following described premises in its present condition, located in WELD COUNTY 11455 CR 17 Firestone, CO 80505 the Cider Production Facility plus area located outside the Fence surrounding the House and Sheds. The Lease does not include the house and shed inside the fenced in area see Exibit A leased area. (hereinafter called the "PREMISES or LEASED PREMISES"). 2. RENEWAL: LESSEE shall have the option to renew this Lease for three additional three year terms, provided that it is not then in default, for a total of ten years, for and at the rents set forth below: 3. RENT: The LESSEE covenants to pay to LESSOR Rent for the first 12 months will be $2100.00 (Twenty One Hundred dollars) per month, 4. RENT: For Months 13 to 48 will be $2500.00 (Two thousand Five Hundred Dollars) per month. RENT: Rents for Months 49 to 84 will be $3000.00 (Three Thousand Dollars) per month, 6. RENT: Rents for Months 85 to 120 will be $3300.00 (Three Thousand three hundred Dollars) per month (hereinafter "the Rent"), in advance without demand on or before the first day of each month mailed to the LESSOR postmarked prior to the Pt of the month due to the LESSOR at Mark Birkin 13807 Shady Shores Drive Tampa, FL 33613. The Rent for the month of _August 2019 , which is the first month of this lease shall be paid in the amount of $2100.00 Twenty one Hundred dollars Due on August 1St 2019 The LESSEE shall pay the Rent when due and payable, without any setoff, deduction or prior demand whatsoever. Any payment by LESSEE or acceptance by LESSOR of a lesser amount than shall be due from LESSEE to LESSOR shall be treated as payment on account. The acceptance by LESSOR of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that such lesser amount is payment in full, shall be given no effect, and LESSOR may accept such check without prejudice to any other rights or remedies which LESSOR may have -1- against LESSEE. 4. LATE CHARGES: LESSEE shall pay a late charge in the amount of 5% for payments not received by the 5th of the month. Any payments received after the 10th of the month will be an additional Ten percent ( 10_%) of the outstanding delinquent balance for any payment of the rent not made within _10 days after the due date to cover the extra expense involved in handling late payments, but not more than _$450.00 dollars for any one month. This charge is in addition to any other rights or remedies of the LESSOR. 5. UTILITIES: LESSEE shall pay all charges for utilities and water and any tangible tax for the PREMISES including paying for electric used by the cider garden which is run off the main house except for the following, which shall be paid by LESSOR: . On failure of LESSEE to pay the utilities when due, LESSOR shall enforce payment in the same manner as rent in arrears. 6. CONDITION OF PREMISES; USE OF PREMISES: LESSOR agrees that LESSEE, upon paying the rent and on performing all terms of this lease, shall peaceably enjoy the Leased Premises during the term of this lease. By occupying the Leased Premises as a tenant, or installing fixtures, facilities, or equipment or performing finished work, LESSEE shall be deemed to have accepted the same and to have acknowledged that the Premises are in the condition required by this lease. LESSEE acknowledges that LESSEE has examined and knows the condition of the Leased Premises, and has received the same in good order and repair, and agrees: (a) To use these Leased Premises only for Cider Production, Farming of Apples, Cider Garden Venue, Weddings, events and other related activities, or other activities appropriate to the Leased Premises. (b) To surrender the Leased Premises to LESSOR at the end of the Term or any renewal without the DocuSign Envelope ID: 11B6C9A8-1D5A-47F4-A8DF-402DD94B0897 (g) (h) necessity of any notice from either LESSOR or LESSEE to terminate the same, and LESSEE hereby expressly waives all right to any notice which may be required under any laws now or hereafter enacted and in force. (c) To surrender possession of these Leased Premises at the expiration of this lease without further notice to quit, in as good condition as reasonable use will permit. (d) To keep the Premises in good condition and repair at LESSEE's own expense, except repairs which are the duty of LESSOR. (e) To perform, fully obey and comply with all ordinances, rules, regulations and laws of all public authorities, boards and officers relating to the use of the Premises. (f) Not to make any occupancy of the Leased Premises contrary to law or contrary to any directions, rules, regulations, regulatory bodies, or officials having jurisdiction or which shall be injurious to any person or property. Not to permit any waste or nuisance. Not to use the Leased Premises for living quarters or residence. LESSEE shall pay (a) for any expense, damage or repair occasioned by the stopping of waste pipes or overflow from bathtubs, closets, washbasins, basins or sinks, and (b) for any damage to window panes, window shades, curtain rods, wallpaper, furnishings, or any other damage to the interior or exterior of the Leased Premises. Any signs placed upon or about such Leased Premises shall, upon the end of the Term of the lease or upon the earlier termination, be removed by LESSEE, and LESSEE shall repair any damage to the Leased Premises which shall be occasioned by reason of such removal. No other major modifications shall be made without written approval from the LEESOR. Also none of the current fixtures in the building are allowed to be removed without first getting permission from the LESSOR, excluding trade fixtures of the Tenant's business, and subject to the rights and mandates of Tenant's lender. At all times, LESSEE shall keep the sidewalks, if any, in front of or adjoining the Leased Premises clean and in a sightly and sanitary condition. All repairs, except those specific repairs set forth below which are the responsibility of the LESSOR, shall be made by the LESSEE at its own expense. If the LESSOR pays for the same or any part thereof, LESSOR shall be reimbursed by LESSEE for such amount. The LESSOR shall be responsible for making only the following repairs [check those that apply]: -2- [na ] sprinkler system [x ] structural repairs to exterior walls, structural columns and structural floors which collectively enclose the Premises (excluding, however, storefronts), and [x ] the roof over the Premises. The AC and Heating will be the responsibility of the Leesee see below [ x ] Other: Lessee will. Maintain the AC and Heating, Lessee will every 4 months replace all AC filters. [ ] Other: [ ] Other: LESSEE shall give LESSOR notice of the necessity for such repairs and that such repairs did not arise from nor were they caused by the negligence or willful acts of LESSEE, its agents, concessionaires, officers, employees, licensees, invitees, or contractors. 7. FIXTURES AND TRADE FIXTURES. LESSEE shall make no changes, improvements, alterations, or additions to the Leased Premises unless such changes, improvements, alterations, or additions: (a) are first approved in writing by LESSOR; (b) are not in violation of restrictions placed thereon by the investor financing the construction of the building; and (c) will not materially alter the character of such premises and will not substantially lessen the value of the Leased Premises. LESSOR may not unreasonably withhold approval, and if there is a dispute as to reasonableness, it shall be determined by arbitration. All improvements made by LESSEE to the Premises which are so attached to the Premises that they cannot be removed without material injury to the Premises, shall become the property of LESSOR upon installation. Not later than the last day of the Term, LESSEE shall, at LESSEE's expense, remove all of LESSEE's personal property and those improvements made by LESSEE which have not become the property of LESSOR, including trade fixtures, cabinetwork, movable paneling, partitions, and the like; repair all injury done by or in connection with the installation or removal of such property and improvements; and surrender the Premises in as good condition as they were at the beginning of the Term, reasonable wear, and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by LESSEE or LESSEE's agents, employees, visitors, or licensees, excepted. All property of LESSEE remaining on the Premises after the last day of the Term of this lease shall be conclusively deemed abandoned and may be removed by LESSOR, and LESSEE shall reimburse LESSOR for the cost of such removal. 8. SECURITY DEPOSIT: The LESSEE, contemporaneously with the first Rent installment, agrees to deposit with the LESSOR Fourty Two Hundred DocuSign Envelope ID: 11B6C9A8-1D5A-47F4-A8DF-402DD94B0897 Dollars ($_4200.00 ) which sum shall be held by the LESSOR as security for the full faith and performance by LESSEE of all of the terms, covenants and conditions of this lease by LESSEE. The security deposit shall be held, applied to damages or rent and returned to LESSEE all in accordance with the laws of the state where the Leased Premises are located and in force at the time of execution of this lease. 9. LESSOR'S LIEN: As additional security, LESSEE acknowledges, to the extent allowed by applicable law, the LESSOR'S right to hold and sell with due legal notice all property on or to be brought on the Premises in order to satisfy unpaid Rent, expenses, and utilities. No property of LESSEE brought onto the Leased Premises shall be removed by LESSEE other than in the ordinary course of business as long as LESSEE is in default in the terms of this lease. FMS BANK In the event of LESSEE'S failure to pay rent, expenses, or utilities, LESSOR may seize as much property within the premises as is necessary to secure the payment. If the rent or expense is not paid within sixty (60) days after seizure, the LESSOR may sell the seized property. 10. DEFAULT: Each of the following shall be deemed an Event of Default: a. b. c. d. Default in the payment of Rent or other payments hereunder, by Rent or other payments being in arrears for five (10) days. Default in the performance or observance of any covenant or condition of this lease by the LESSEE to be performed or observed. Abandonment of the premises by LESSEE. The filing or execution or occurrence of: i. Filing a Petition in bankruptcy by or against LESSEE. ii. Filing a petition or answer seeking a reorganization, arrangement, composition, readjustment, liquidation, dissolution or other relief of the same or different kind under any provision of the Bankruptcy Act. iii. Adjudication of LESSEE as a bankrupt or insolvent: or insolvency in the bankruptcy equity sense. iv. An assignment for the benefit of creditors whether by trust, mortgage, or otherwise. v. A petition or other proceeding by or against LESSEE for, or the appointment of, a trustee, receiver, guardian, conservator or liquidator of LESSEE with respect to all or substantially all its property. vi. A petition or other proceeding by or against LESSEE for its dissolution or liquidation, or the taking of possession of the property of the LESSEE by any governmental authority in connection with dissolution or liquidation. 11. NOTICE OF DEFAULT. The parties are desirous of giving one another fair notice of any default before termination or other action under this lease requiring such notice. In the event of an act of default with respect to any provision of this lease, neither party can institute legal action with respect to such default without first complying with the following conditions: a. Notice of such event of default must be in writing and must either be hand delivered, mailed to the other party by U.S. Certified Mail, return receipt requested, or if unable to provide notice by these methods, if notice is from LESSOR to LESSEE by posting the notice on the front door of the Leased Premises; b. Such written notice shall set forth the nature of the alleged default in the performance of the terms of this lease and shall designate the specific paragraph(s) therein which relate to the alleged act of default; c. Such notice shall also contain a reasonably understandable description of the action to be taken or performed by the other party in order to cure the alleged default and the date by which the default must be remedied, which date can be not less than 60 days from the date of mailing the notice of default. 12. TERMINATION. Upon occurrence of any Event of Default, and after proper notice of default has been given, LESSOR may, at its option, in addition to any other remedy or right given hereunder or by law; Give notice to LESSEE that this lease shall terminate upon the date specified in the notice, which date shall not be earlier than days after mailing or delivery of such notice. The foregoing provisions for the termination of this lease shall not operate to exclude or suspend any other remedy of the LESSOR for breach, or for the recovery of said Rent for the full term. 13. ACCELERATION. LESSEE expressly agrees and understands that upon LESSOR'S termination of this Lease, the entire remaining balance of unpaid Rent for the remaining term of this Lease shall ACCELERATE, whereby the entire sum shall become immediately due, payable, and collectable. To the extent allowed by law, LESSOR may hold the portion of LESSEE'S security deposit remaining after reasonable cleaning and repairs as a partial offset to satisfaction of the accelerated Rent. 14. REPOSSESSION. Upon termination of this lease as provided herein, or pursuant to statute, or by summary -3- DocuSign Envelope ID: 11 B6C9A8-1 D5A-47F4-A8DF-402DD94B0897 proceedings or otherwise, the LESSOR may enter forthwith, without further demand or notice to LESSEE, and resume possession of the Leased Premises. In no event shall such re-entry or resumption of possession or reletting as hereafter provided be deemed to be acceptance or surrender of this lease or a waiver of the rights or remedies of LESSOR hereunder. 15. DEFAULT BY LESSOR. In the event of any default by LESSOR, LESSEE, before exercising any rights that it may have at law to cancel this lease, must first send notice by registered or certified mail, or hand delivery, to LESSOR, and shall have offered LESSOR ninety (90 ) days in which to correct and cure the default or commence a good faith effort to cure such default. 16. RELETTING AFTER TERMINATION. Upon termination of this lease in any manner above provided, LESSOR shall use reasonable efforts to relet the Premises. 17. DAMAGES. Upon termination of this lease in any manner above provided, or by summary proceedings or otherwise, LESSEE shall pay to LESSOR without demand or notice the following: (a) All Rent and other payments accrued to the date of such termination and a proportionate part of the rent otherwise payable for the month in which such termination occurs. (b) All future Rent and other payments to be due under the terms of this lease to the extent Landlord has not been able to offset same by reletting the Premises within 30 days of termination. (c) The costs of making all repairs, alterations and improvements required to be made by LESSOR hereunder, and of performing all covenants of LESSEE relating to the condition of the Premises during the Term and upon expiration or sooner termination of this lease, such costs to be deemed prima facie to be the costs estimated by a reputable architect or contractor selected by LESSOR or the amounts actually expended or incurred thereafter by LESSOR. (d) The attorneys' fees and other costs. 18. EXCLUSIVITY OF LESSOR'S REMEDIES: The receipt of Rent after default, or after judgment or after execution, shall not deprive the LESSOR of other actions against the LESSEE for possession or for Rent or for damages, and all such remedies are non-exclusive and can be exercised concurrently or separately as LESSOR desires. 19. LESSOR NOT LIABLE FOR INJURY OR DAMAGE TO PERSONS OR PROPERTY: The LESSOR shall not be liable for any injury or damage to any person or to any property at any time on said Premises or building from any cause whatever that may at any time exist from the use or condition of the Premises or building from any cause, during the Term or any renewal of this lease. 20. TAXES: Property taxes on the Leased Premises shall be responsibility of LESSOR. Taxes on the personal property of Lessee shall be the responsibility of LESSEE. All other taxes shall be the responsibility of the party incurring same. 21. RIGHT OF RE-ENTRY. LESSOR shall have the right, by itself or agent or with others, to enter the Premises at reasonable hours to examine or exhibit the premises, or to make such repairs and alterations as shall be deemed necessary for the safety and preservation of the building, to inspect and examine, to post such notices as LESSOR may deem necessary to protect LESSOR against loss from liens of laborers, materialmen or others, and for the purpose of permitting or facilitating LESSOR's performance of its obligations hereunder, or for any other reasonable purpose which does not materially diminish LESSEE's enjoyment or use of the Leased Premises. 22. HOLDOVER. If LESSEE shall holdover after the expiration of the Term hereof, with the consent of LESSOR, express or implied, such tenancy shall be from month to month only, and not a renewal hereof; and LESSEE agrees to pay Rent and all other charges as provided herein, and also to comply with all covenants of this lease for the time LESSEE holds over. LESSEE shall be entitled to possession until LESSOR has given LESSEE sixty(60) days notice that such month to month tenancy shall be terminated; otherwise, notice is only required as hereinafter provided as notice of default. If LESSEE shall hold over without the consent of LESSOR, express or implied, then LESSEE shall be construed to be a tenant at sufferance at double the Rent herein provided, prorated by the day until possession is returned to LESSOR. LESSEE'S holding over beyond the expiration of the notice period of a lawful Notice of Termination constitutes holding over without the consent of the LESSOR, and LESSEE shall be construed to be a tenant at sufferance, at double the Rent herein provided, prorated by the day until possession is returned to LESSOR, without limitation to LESSOR'S remedies and rights of recovery under applicable law. 23. NATURE OF RELATIONSHIP BETWEEN PARTIES. The sole relationship between the parties created by this agreement is that of LESSOR and LESSEE. Nothing contained in this lease shall be -4- DocuSign Envelope ID: 11B6C9A8-1D5A-47F4-A8DF-402DD94B0897 deemed, held, or construed as creating a joint venture or partnership between the parties. 24. RIGHT OF LESSOR TO PAY OBLIGATIONS OF LESSEE TO OTHERS. If LESSEE shall fail or refuse to pay any sums due to be paid by it under the provisions of this lease, or fail or refuse to maintain the Leased Premises or any part thereof as herein provided, then, and in such event, LESSOR, after 10 days notice in writing by LESSOR to LESSEE, shall have the right to pay any such sum or sums due to be paid by LESSEE and to do and perform any work necessary to the proper maintenance of the Leased Premises; and the amount of such sum or sums paid by LESSOR for the account of LESSEE and the cost of any such work, together with interest on such amount at the rate of 18% from the date of payment by LESSOR until the repayment to LESSOR by LESSEE, shall be paid by LESSEE upon demand in writing. The payment by LESSOR of any such sum or sums or the performance by LESSOR of any such work shall be prima facie evidence of the necessity for such work. 25. MECHANICS AND OTHER LIENS IMPOSED BY LESSEE. LESSEE shall keep the Leased Premises and the improvements at all times during the term free of mechanics and materialmen's liens and other liens of like nature, other than liens created and claimed by reason of any work done by or at the instance of LESSOR, and at all times shall fully protect and indemnify LESSOR against all such liens or claims and against all attorneys' fees and other costs and expenses growing out of or incurred by reason or on account of any such liens or claims. Should LESSEE fail to fully discharge any such lien or claim, LESSOR, at its option, may itself post a statutory bond to cause the Leased Premises to be released from such lien, or such other action as Landlord may deem to be necessary to protect Landlord's interests. All amounts so paid by LESSOR, together with interest the rate of 18% from the time of payment by LESSOR until repayment by LESSEE, shall be paid by LESSEE upon demand, and if not so paid, shall continue to bear interest at the aforesaid rate, interest payable monthly, as additional rent. 26. CONDEMNATION CLAUSE: In the event that all or a part of the Premises is taken by eminent domain or conveyed in lieu of eminent domain, if the Leased Premises cannot reasonably be used by LESSEE for their intended purpose, then this lease will terminate effective as of the date that the condemning authority shall take possession of the same. 27. FIRE CLAUSE: The LESSEE agrees to notify LESSOR of any damages to the Leased Premises by fire or other hazard and also of any dangerous or hazardous condition within the Leased Premises immediately upon the occurrence of such fire or other hazard or discovery of such condition. Upon occurrence of a fire, repairs shall be made by LESSOR as soon as reasonably may be done unless the costs of repairing the Premises exceed 25% of the replacement cost of the building in which case the LESSOR may, at its option, terminate this lease by giving LESSEE written notice of termination within 30 days of the date of the occurrence. If the LESSOR does not terminate this Lease pursuant to the paragraph above, then LESSOR has 30 days after the date of occurrence to give written notice to LESSEE setting forth its unqualified commitment to make all necessary repairs or replacements, the projected date of commencement of such repairs, and the LESSOR'S best good faith estimate of the date of completion of the same. If the LESSOR fails to give such notice, or if the date of completion is more than 90 days after the date of the occurrence, then the LESSEE may, at its option, terminate this lease and the LESSOR will be obliged to refund to the LESSEE any rent allocable to the period subsequent to the date of the fire. 28. WAIVER OF NONPERFORMANCE: Failure of the LESSOR to exercise any of its rights under this lease upon nonperformance by the LESSEE of any condition, covenant or provision herein contained shall not be considered a waiver, nor shall any waiver of nonperformance of any such condition, covenant or provision by the LESSOR be construed as a waiver of the rights of the LESSOR as to any subsequent defective performance or nonperformance hereunder. 29. PAROL EVIDENCE CLAUSE: This instrument constitutes the final, fully integrated expression of the agreement between the LESSOR and the LESSEE, and it cannot be modified or amended in any way except in writing signed by the LESSOR and LESSEE. 30. SUBORDINATION: This lease is subordinate to the lien of all present or future mortgages that affect the Leased Premises and to all renewals, modifications, replacements and extensions of this lease. This clause shall be self -operative but in any event LESSEE agrees to execute promptly and deliver any estoppel certificate or other assurances that LESSOR may request in furtherance of this provision. 31. INSURANCE: LESSEE shall, during the entire term of the lease keep in full force and effect a policy of public liability insurance with respect to the property and the business operated by LESSEE in the property and which the limits of general liability shall be in the amount of -5- DocuSign Envelope ID: 11 B6C9A8-1 D5A-47F4-A8DF-402DD94B0897 _one Million Dollars ($_1,000,000.00 ) combined single limit, naming LESSOR as additional insured. Such coverage shall include a broad form general liability endorsement. The policy shall contain a clause that the LESSEE will not cancel or change the insurance without first giving the LESSOR ten (10) days prior written notice. Duplicate originals or certificates of insurance of the policies provided shall be furnished by LESSEE to each other and shall contain an agreement by the insurer that such policy or policies shall not be canceled without at least ten (10) days prior notice to the LESSOR. 32. NOTICES. All notices and communications concerning this lease shall be mailed to the parties at the following addresses: LESSOR Mark Birkin 13807 Shady Shores Dr Tampa, FL 33613 LESSEE Wild Cider Daniel Reagan Audrey Reagan 11455 CR 17 Firestone, CO 80505 33. SALE BY LESSOR. In the event of a sale or conveyance by LESSOR of all or part of the Leased Premises, the same shall operate to release LESSOR from any future liability upon any of the covenants or conditions, express or implied, herein contained in favor of LESSEE, and in such event LESSEE agrees to look solely to the responsibility of the successor in interest of LESSOR in and to this lease. This lease shall not be affected by any such sale, and LESSEE agrees to attorn to the purchaser or assignee. LESSEE agrees to permit LESSOR, at any time within 60 days prior to the expiration of this lease, to place upon or in the window of the leased premises any usual or ordinary For Rent or similar sign and to allow prospective tenants, applicants or agents of LESSOR to enter and examine the Leased Premises during the last 60 days of the term hereof, and to permit LESSOR or LESSOR's agents, at any time during the term hereof, to conduct prospective purchasers through the Leased Premises during reasonable business hours. 34. COURT ACTION, ATTORNEY'S FEES AND COSTS. If, upon failure of either party to comply with any of the covenants, conditions, rules or regulations of and in this lease, and suit should be brought for damages on account, or to enforce the payment of Rent herein stipulated, or to recover possession of the Premises or to enforce any provision hereof, the losing party agrees to pay to the prevailing party reasonable costs and expenses incurred in prosecuting these suits. -6- 35. ASSIGNMENTS AND SUB -LEASE: The LESSEE hereby agrees not to assign this lease voluntarily or involuntarily, nor to sub -lease the Premises or any part of the Leased Premises, without the written consent of the LESSOR, under penalty of instant forfeiture of this lease. All rights and liabilities herein given to or imposed upon either of the parties shall extend to the heirs, executors, administrators, successors and assigns of such party. 36. INTERPRETATION. Whenever any word is used in this agreement in the masculine gender, it shall also be construed as being used in the feminine and neuter genders, and singular usage shall include the plural and vice versa, all as the context shall require. 37. MODIFICATION. Any modification or amendment off this agreement shall be in writing and shall be executed by all parties. 38. SEVERABILITY CLAUSE: If any term, covenant, condition, or provision of this lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 39. LAW TO APPLY: This lease shall be construed under and in accordance with the laws of the State of Arizona. Those laws shall govern every aspect of the enforcement of this lease. 40. ADDENDUMS. The following addendums are attached to this lease and shall be initialed by the parties. (Check all that apply or check none) ( ) Option to Purchase ( ) Arbitration Agreement ( ) Other: ( ) None 41. OTHER PROVISIONS: 1. The premises is given to the LESSEE in as is condition, no other warranties or conditions have been made, 2. It is the responsibility of the LESSEE to do all required due diligence as to his or her use of the building in WELD COUNTY to insure his use is allowed in the premises. DocuSign Envelope ID: 11B6C9A8-1D5A-47F4-A8DF-402DD94B0897 Total Deposites Required 1st Months Rent $2100.00 Security Deposite $4200.00 Total Required at at Lease Signing $6300.00 Received $ Date By _ Check # _ Initial All documents such as schedules, exhibits and like documents are incorporated herein and shall initialed by all parties. If LESSEE is a corporation, each person executing this lease represents and warrants that he is duly authorized to execute and deliver this lease on behalf of the corporation. Those persons further represent that the terms of this lease are binding upon the corporation. In Witness Whereof, the undersigned LESSOR and LESSEE execute this lease to be effective as of the day and date first above written. LESSEE(s) 7/31/2019 I 12:16 PM MDT Daniel Reagan Name p—DocuSigned by: +g6#614lVEPgrcA._ LESSEE(s) LESSOR(s) 7/30/2019 111:44 AM MDT Mark Birkin Name .-DocuSigned by: gizd3... LESSOR(s) Name Name Signature Date Signature Date -7- BEFORE THE STATE LICENSLNG AUTHORITY DEPARTMENT OF REVENUE STATE OF COLORADO AFFIDAVIT FOR SURRENDER OF STATE LIQUOR LICENSE IN THE MATTER OF: LICENSEE:tc) C C _ yy 0 u-1-1. TRADE NAME: C`kyr rn 1,ucCktuif ADDRESS: 1 I-bS- CA 1 CITY: Wit ! J STATE: U C ZIP CODE: , C TELEPHONE:, LICENSE NO: 99V99Vci EMAIL: cl t -G a4-yi e { icict' e4^. co -k7 Licensee hereby voluntarily surender the Colorado state liquor, an authorized representative license and of above -named all related licensing riv Licensee hereby requests the Liquor Enforcement Division ("Division") of the Colorado Department of Revenue, on behalf of the State Liquor Licensing Authority, to immediately cancel, terminate, and void Licensee's Colorado state liquor license. Licensee states that this surrender of Licensee's Colorado state liquor license and licensing privileges is made voluntarily by the Licensee, and that Licensee is not surrendering the aforesaid liquor license(s) and privileges as the result of any threat, promise, or coercion by the Division or any of its agents or employees. Licensee further acknowledges: • This surrender does not violate any requirements of a Forcible Entry and Detainer (FED) order, or Writ of Restitution requiring the licensee to dispossess the licensed premises. • That an application to transfer this liquor license has not been filed with the local licensing authority. - This is not an attempt to avoid prosecution of a violation of the Colorado Liquor Code and that the Division may refuse to accept this affidavit of surrender until after any pending administrative action is complete. • The Licensee's privileges will be canceled, terminated, and voided upon the issuance of an order by the Director of the Division accepting this voluntary surrender of licenses. I affirm under penalty of perjury, I am authorized to surrender this license on behalf of the aforementioned Licensee. NamedCA--ti` C° tT} [f , Signature Title q s.'1 d Date Is this Affidavit for Surrender part of a Change of Class or New Issue License? IYes ❑ No 133191 PROPOSED ORCHARD 1334.19 OSITE PLAN SCALE: 1"=100' PlATT,R QUALITY PEA -LIRE (Co ,Bins to UMCC 'IA 3 Sts 3,3.0) F iAing IRRIGATION DITCH coIpos ioo LOCATION I LOW POINT Licensed area inside dashed line Parking area excluded. EXSI ITO STRUCTURE EzUung MRCP. pcd.., \L II 7.7- U -i1I! I1 ' \--, i i EXISTING STRUCTLRri .I . EUSISTING DRIVE -J (RECYCLED, SSPISAIT SURF.10E> N. (? ,I(11;i 1i PARKING Exisong / IRRIGATION DITCH --' 8 0" 1. 12/27/2019 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R5369086 December 27, 2019 Account I Parcel � Space ` Account Tax •Buildings Actual Assessed Type Year i Value Value R5369086 I 131105000041 ' Agricultural 2019 5 ! 315,165 44,670 Legal PT E2SE4 5-2-67 PARCEL B REC EXEMPT RE -41 EXC UPRR RES 11455 17 CR WELD Subdivision Block Lot Land Economic Area Property Address 11455 COUNTY ROAD 17 Property City WELD 3231 FIRESTONE Zip Section j Township Range 05 ' 02 67 Account Owner Name Address R5369086 BIRKIN 11455 COUNTY ROAD 17 LONGMONT, CO MARK 805049562 https://propertyreport.co.weld.co.us/?account=R5369086 1/9 12/27/2019 Property Report I Reception 01743080 ( 01-31-1978 02126067 1611057 Rec Date Type Grantor WDN 12-28-1987 `_ QCN 04-12-1973 RE 2094144 04-01-1987 F WD 2723409 I 09-29-1999 2723410 ` 09-29-1999 Grantee I Doc Fee Sale Date 0.00 I 01-01-1900 0.00 12-22-1987 0 RECORDED = RE -41 E EXEMPTION CRUZ ROBERT & ELEANOR WDN DAIGLE DOROTHY M PRD DAIGLE LAWRENCE A 3025052 n1-2n-2nn3 QCN MULLENAX 3137104 12-19-2003 QC ! 3142042 01-07-2004 I QCN CRAIG C MULLENAX CRAIG C & VANNORSDEL DAVID R 0.00 DAIGLE LAWRENCE A & DOROTHY { M I MULLENAX CRAIG C MULLENAX CRAIG C MULLENAX CRAIG C & i VANNORSDEL DAVID R MULLENAX CRAIG & VANNORSDEL DAVID 91.7%& MULLENAX MULLENAX I CRAIG C CRAIG C (45.85% INT) (45.85% INT) & & 3231530 E 10-29-2004 SWD MULLENAX CRAIG C & 3270646 3329242 3423715 03-22-2005 3413020 08-18-2006 QCN 10-05-2005 QCN MULLENAX CRAIG C (45.85% INT) MULLENAX QCN c CRAIG C { 09-29-2006 I QCN MULLENAX CRAIG C & COLLINS HOLDINGS LLC 3793456 09-20-2011 PTD FOXFIRE LLC MULLENAX CRAIG C (45.85% INT) MULLENAX CRAIG C MULLENAX CRAIG C & COLLINS HOLDINGS LLC FOXFIRE LLC DEUTSCHE BANK NATIONAL TRUST COMPANY 10.00 03-31-1987 100,000 0.00 09-24-1999 ? 0 24.00 09-24-1999 j 240,000 0.80 12-11-2003 8,000 0.00 01-02-2004 0 26.91 09-14-2004 269,100 0.00 02-22-2005 0.00 09-09-2005 0.00 12-01-2005 0.00 ! 09-27-2006 0.00 09-19-2011 https://propertyreport.co.weld.co.us/?account=R5369086 2/9 12/27/2019 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price DEUTSCHE BANK GMAC 3794134 09-22-2011 SWDN NATIONAL MORTGAGE 0.00 09-20-2011 TRUST LLC COMPANY GMAC 3899579 01-02-2013 SWD MORTGAGE BIRKIN MARK 29.99 ! 12-13-2012 LLC 3979541 11-21-2013 USR USR13 0019 USR13 0019 USE BY I 3979541 11-21-2013 USR SPECIAL REVIEW ' USR13-0019 WINERY BED & BREAKFAST 299,900 0.00 11-13-2013 0 0.00 Building 1 AccountNo Building ID Occupancy R5369086 1 Single Family Residential on Ag ID Type Residential ID Exterior Frame Hardboard NBHD Occupancy 3231 Roof Cover Single Family Residential on Ag Complete Bedrooms Baths s Rooms 100 3 HVAC Perimeter all Hot Water Baseboard 3 Unit Units Type 0 Make Condo Total Finished Garage Carport Balcony Porch SF Basement Basement ! SF SF SF SF '' SF SF https://propertyreport.co.weld.co.us/?account=R5369086 3/9 12/27/2019 Property Report Built As Details for Building 1 ID Built As Square Ft Year Built Stories 1.00 2 Story I 2,386 I 1919 2 Additional Details for Building 1 Length Width ID Detail Type 1 Description Units 1 Add On Fireplace Wood 1 Appliance Allowance Fixture Allowance Fixture Fixture Porch End Solid Wall Bath 2 Bath 3 Porch End Solid Wall AccountNo R5369086 Type NBHD Out Warehouse 100 Building ID Exterior ID ! Square Ft 2 4,900 RoofInterior HVAC Cover Hot Water 308 Radiant Building 2 Building ID 2 Occupancy ° Co mplete Occupancy Warehouse Bedrooms 1 Baths Rooms Perimeter Units Unit Type Condo Total Finished SF Basement Basement SF SF 0 Make https://propertyreport.co.weld.co.us/?account=R5369086 4/9 12/27/2019 Property Report Built As Details for Building 2 ID Built As Square Year Stories Ft ; Built — — Equipment 2.00 i Building- 4,900 2004 Commercial Length 68 56 Width Additional Details for Building 2 ID Detail Type Description Units a 2 Add On j Finished Sapce in OutBldg 2 Add On OB Plumbing Fixture 2 f Porch Slab Roof Ceil AccountNo R5369086 Building 4 Building ID 4 Occupancy Shed - Cattle 440 3 320 ID Type NBHD I Occupancy Complete Bedrooms Baths Rooms 4 Out Building Shed - Cattle ID Exterior Roof Interior ! HVAC Cover 4 ( Condo SF Total Finished Basement Basement SF SF Perimeter Units 39 0 Garage Carport Balcony SF SF i SF Porch SF https://propertyreport.co.weld.co.us/?account=R5369086 5/9 12/27/2019 Property Report Built As Details for Building 4 ID ID I Built As 4.00 Shed - Cattle Square Ft 180 Year Built 2004 No Additional Details for Building 4 Building 5 AccountNo Building ID R5369086 5 ID Type NBHD Occupancy 5 Out Building Stories Length Width 1 15 ! 12 Occupancy Shed - Cattle Complete Bedrooms Baths Rooms Roof ID Exterior Cover Interior ! HVAC Perimeter Units Type Make Total Square Condo ' Basement Ft SF SF 5 432 Finished Garage Carport ! Balcony Porch Basement SF I SF SF SF SF Built As Details for Building 5 Square Year ID Built As Ft Built 5.00 Shed Cattle Stories Length Width 432 2004 1 36 No Additional Details for Building 5 Building 8 https://propertyreport.co.weld.co.us/?account=R5369086 6/9 12/27/2019 Property Report AccountNo Building ID Occupancy R5369086 8 Type NBHD Occupancy 8 Out Shed - Building Cattle Complete 100 Shed - Cattle Bedrooms I Baths Rooms ; Roof ID i Exterior Cover i Interior HVAC Perimeter Units ? TType mt Make 8 None 39 0 ID Square Condo Ft SF 8 ' 64 ' 0 I I. Total Finished Basement Basement SF SF Built As Details for Building 8 ID Built As 8.00 2004 8 8 Shed - Cattle Square Year Ft Built No Additional Details for Building 8 Garage ! Carport Balcony Porch SF SF SF SF Stories Length Width !; https://propertyreport.co.weld.co.us/?account=R5369086 7/9 12/27/2019 Property Report Type Improvement 12235 Improvement 4277 Improvement 4279 Land Land Land Totals 4167 2135 Code Description WAREHOUSE/STORAGE- IMPS FARM/RANCH RESIDENCE -IMPS FARM RANCH SUPPORT BLDGS WAREHOUSE/STORAGE- LAND Actual Value Assessed Value Acres Land SqFt 91,435 213,909 1,989 7,615 GRAZING LAND - 4147 AGRICULTURAL 213 WASTE LAND 4 315,165 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL 26,520 0.000 15,290 0.000 580 0.000 2,210 0.250 0 60 12.250 533,610 10 0.500 21,780 44,670 13.000 566,280 Tax District Area ID 2259 0700; AIMS JUNIOR COLLEGE District Name 2259 0305 CENTRAL WELD COUNTY WATER 2259 1050 2259 1202 2259 2259 0512 (CWC) HIGH PLAINS LIBRARY LONGMONT CONSERVATION MOUNTAIN VIEW FIRE RESCUE DISTRICT 0301 NORTHERN COLORADO WATER (NCW) 2259 0201 SCHOOL DIST RE1-GILCREST 2259 0100 WELD COUNTY Total Current Mill Levy 6.354 0.000 3.217 0.000 16.247 1.000 17.073 !' 15.038 ht>ps://propertyreport.co.weld.co.us/?account=R5369086 8/9 12/27/2019 Property Report ( Li Building 2 Building 7 r,. Building 1 Page 1 Building 2 Page 1 Copyright © 2019 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer I Accessibility Information https://propertyreport.co.weld.co.us/?account=R5369086 9/9 I . , • e r:iir WELD COUNTY Wild Cider ONLINE MAPPING US 9/-,i ii ATION FAC. AMUSR- MINER S RES. USR-132 6AM GRAVEL MININS&`BATCH PL ANI -63 FARM - 4,469.4 0 2,234.68 4,469.4 Feet WGS_1984_Web_ Mercator_Auxiliary Sphere (ci Weld County Colorado WINE J MINER EAKFA 00 YBar A astone SR -,107 AG IRRIGATION BUS EOUSETRAIN CENTER & RANCH PJSR-131 L) WINE FAC This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend I Parcels USR - Uses by Special Revieti SPR - Site Plan Review Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Highway Road Road Highway City Limits - Extended Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest Notes 11455 CR 17, Firestone, CO 80504 „ •- _ ► WELD iiiirHis ONLINE COUNTY MAPPING; Wild Cider , I ' In _ ti•� .- �.�'_ •� r is �� - .. �___ __. .- -. _.- _- •.. TYYZI- 1_ � ___. ,.� - n. _ _f firi Ar jir ,,,,,,Hie . i • - Legend tl f �--.� .-. Parcels t ' ”` I ! �: , •• �.-. it.._ - ,;- _ - '_';- ."'v. '' 'el Floodplain Floodplain Floodplain Floodplain - 500 - 100 - 100 100 Year Year Zone Year Floodwa Year Zone A AE kt, Y :: �:; IT J� • Floodplain p - - 100 Year Zone M- i `111:"' `" +y y Floodplain Address - Label 100 Year Zone AC _ in i ..,t, ' U Highway Highway 'Id b i ! C. I L_ County Boundary r ,, •, _ _ Dt ' • - • yTt •-u i ♦ { - 4 d vi. ,, I 41s• I. •...„ ► .gip, • _ ,rte vs... F• �.: .. ' 1 .. 40!! ) �y J •J a_ Nom` r. ryj _ , . ; . rin•--4%T/..•r r1• • •A 'i'S-. '• ""' %� 7I � ti. # ; .,..'4,Von, .. fe i •l ' ,'+. - aJk. - lar---.•�. ---• '77r ...... ... -_ � - ----_ 4 yI,I. .. J vii s"re- t•. r �. Y i 1:13,408 0 - Notes ? X34.7 0 1,117.34 2,234.7 Feet [his map is a user generated static output from an Internet mapping site and is for 11455 CR 17, Firestone, CO 80504 WGS1984, rc Weld Web Mercator Auxiliary County Colorado Sphere reference only Data layers that appear THIS MAP on IS this NOT map TO may or may current, or BE USED not be accurate, otherwise reliable FOR NAVIGATION WELD COUNTY Wild Cider C_)NI_INI: mArrING 558.7 0 279.33 558.7 Feet WGS 1984 Web Mercator_ Auxiliary Sphere c Weld County Colorado This map is a user generate() 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 ins 4 Legend r J Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Highway County Boundary Notes 11455 CR 17, Firestone, CO 80504 APPLICATION FOR COLORADO LIQUOR SALES ROOM - SUMMIT CIDER AND BEVERAGES CORPORATION, DBA WILD CIDER Staff Referral Responses Chloe Rempel From: Sent: To: Subject: Attachments: Good morning, Chloe Rempel Friday, December 27, 2019 11:38 AM Alan Caldwell; Bethany Pascoe; Bob Choate; Bruce Barker; Curtis Hall; Dan Joseph; Dawn Anderson; Don Dunker; Elizabeth Relford; Gabe Kalousek; Gabri Vergara; Hannah Dutrow; Jose Gonzalez; Joshua Noonan; Karin McDougal; Lauren Light; Tom Parko Jr.; Wendi Inloes CO LIQUOR SALES ROOM APPLICATION - Summit Cider and Beverages Corporation, dba Wild Cider Staff Referral Memo - Wild Cider.pdf; CO Liquor Sales Room - Wild Cider.pdf; 20131857 - USR13-0019.pdf In accordance with the procedures for reviewing Applications for a Permanent Winery Colorado Liquor Sales Room, please complete and return the attached "Staff Referral Memo — Wild Cider". Your report will be used by the Board of County Commissioners in considering the Applicant's Sales Room application. Please see the below for more information about a liquor sales room. PLEASE RESPOND NO LATER THAN: Friday, January 3, 2020 Wild Cider at 11455 CR 17, Firestone, CO 80504, is an existing winery that used to be owned by Rocky Mountain Cider Company, and was recently absorbed by Summit Cider and Beverages Corporation. While the company operating the winery has changed, the property remains owned by Mark Birkin. The property is permitted under USR13-0019 (attached). A permanent sales room would allow the new licensee to sell and serve both on and off premises. Colorado Liquor Sales Rooms are licensed by the Colorado Department of Revenue, Liquor Enforcement Division, but the State allows the local licensing authority to submit comments and/or concerns. A 'Sales Room' is defined as an area in which a licensed winery, limited winery, distillery, or beer wholesaler sells and serves alcohol beverages for consumption on the licensed premises, in sealed containers for consumption off the licensed premises, or both. The application asks the following, which requires your review: 1. Issuance of this permit would impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances. 2. If granted, this permit would result in violations of the Colorado liquor code or the laws of the local government. 3. Issuance of this permit would violate local zoning laws. Thank you, Chloe A. Rempel Deputy Clerk to the Board Supervisor Weld County 1150 O Street Greeley, CO 80631 tel.: 970-400-4213 1 MEMORANDUM TO: Board of County Commissioners FROM: Dawn Anderson DEPARTMENT: Public Works DATE: December 31, 2019 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room - Permanent Winery Applicant(s): Summit Cider and Beverages Corporation, dba Wild Cider Address: 11455 CR 17, Firestone, CO 80504 File Location: LC0022 Reply By: Friday, January 3, 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. E El El El We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested Colorado Liquor Sales Room. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. 1. No parking or staging will be allowed on Weld County roadways. 2. The applicant shall use traffic control consistent with previous events. MEMORANDUM TO: Board of County Commissioners FROM: Dan Joseph DEPARTMENT: Public Health and Environment DATE: 12/31/2019 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room - Permanent Winery Applicant(s): Summit Cider and Beverages Corporation, dba Wild Cider Address: 11455 CR 17, Firestone, CO 80504 File Location: LC0022 Reply By: Friday, January 3, 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(cr�weldgov.com. ❑ El El El We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested Colorado Liquor Sales Room. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. EH licenses a mobile at this location, which is separate from the production facility. MEMORANDUM TO: Board of County Commissioners FROM: Captain Alan Caldwell DEPARTMENT: Sheriff's Office DATE: 01/0720 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room - Permanent Winery Applicant(s): Summit Cider and Beverages Corporation, dba Wild Cider Address: File Location: Reply By: 11455 CR 17, Firestone, CO 80504 LC0022 Friday, January 3, 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�weldoov.com. El El We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested Colorado Liquor Sales Room. 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 January 7, 2020 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0022 Upon review of the Application for Permanent Winery by the Department of Planning Services shows the following: PERMIT INFORMATION: Applicant: Summit Cider & Beverages Corporation Wild Cider (Trade Name) 11455 County Road 17 Firestone, Co 80504 PROPERTY INFORMATION: Zone District: Agriculture 1311-05-0-00-041 (consists of approximately 13 +/- acres) Land Use: USR13-0019 for a Winery (Cidery and Tasting Room) and Breakfast Facility. This USR also referred to Special Events occurring on -site. Upon review of my case files and computer, no active violations were noted. STAFF COMMENTS: No comments from the Department of Planning Services. SERVICE, TEAMWORK, INTEGRITY, QUALITY MEMORANDUM TO: Board of County Commissioners FROM: Jose Gonzalez DEPARTMENT: Building DATE: 01/08/2020 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room - Permanent Winery Applicant(s): Summit Cider and Beverages Corporation, dba Wild Cider Address: 11455 CR 17, Firestone, CO 80504 File Location: LC0022 Reply By: Friday, January 3, 2020 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempelweldqov.com. ❑✓ ri 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 Colorado Liquor Sales Room. 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 COLORADO LIQUOR SALES ROOM - SUMMIT CIDER AND BEVERAGES CORPORATION, DBA WILD CIDER Miscellaneous Correspondence Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good afternoon, Chloe Rempel Monday, January 20, 2020 12:26 PM Franco - DOR, Daisy; LIQLICENSING - DOR, DOR_ daniel@wildcider.com; audrey@wildciderco.com Weld County Approved Application for a CO Liquor Sales Room - Wild Cider CO Liquor Sales Room - Wild Cider.pdf Please see the attached application for a Colorado Liquor Sales Room (Permanent Winery) for Summit Cider and Beverages Corporation, dba Wild Cider, which was reviewed and approved by the Weld County Board of Commissioners on Monday, January 20, 2020. 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 Chloe Rempel From: Sent: To: Subject: Attachments: For your processing. Esther Gesick Monday, December 9, 2019 11:39 AM Chloe Rempel FW: Wild Cider - Under new ownership Application for Colorado Liquor Sales Room - Wild Cider.pdf; Signed Lease Agreement.pdf; Cert of Good Standing.pdf; 8.5x11 diagram.pdf; Articles of Organization.pdf; Affidavit for Surrender of State Liquor License .pdf Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Carly Koppes <ckoppes@weldgov.com> Sent: Monday, December 9, 2019 8:13 AM To: Esther Gesick <egesick@weldgov.com> Subject: FW: Wild Cider - Under new ownership Please see below, thanks and have a good day! Survey: Tell us how we are doing Thank you, Carly Koppes Weld County Clerk and Recorder 1402 N 17th Ave Greeley, CO 80634 (970) 400-3155 (720) 652-4200 x 3070 Cell: (970) 815-1166 ckoppes@�co.weld.co.us From: Audrey Reagan <audrey@wildciderco.com> Sent: Saturday, December 7, 2019 11:32 AM 1 To: Carly Koppes <ckoppes@weldgov.com> Subject: Wild Cider - Under new ownership ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Carly, My husband and I purchased Wild Cider (a hard cider company located in Firestone off County rd 17/Hwy 119) in August of this year. We received our federal liquor license a couple weeks ago and are working now to get our state license. I was told to send the attached documents to the county clerk for review. Please let me know if you have any questions of need any additional information in order to ensure the state licence process is as smooth as possible. I believe the only action required aside from review (especially the "Notice to Local Licensing Authority" section) is to send approval to the dor led@state.co.us email. Again, please let me know if you have questions or if I need to send this elsewhere! *please note we are currently an LLC (Summit Cider & Beverages LLC) but have applied to become an S Corp. We are waiting on the IRS at this point for that determination and the state recommended we just file for the state license and a Corp. Thanks so much, Audrey Reagan Owner, Wild Cider audrey@wildciderco.com 11455 County Rd 17 Firestone, CO 80504 Ph:303-532-9949 2 Hello