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Home My WebLink About20193923.tiffRESOLUTION RE: APPROVE TEMPORARY PERMIT FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE FOR COL -BARB, LLC, DBA MAGGI'S KITCHEN, AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Col -Barb, LLC, dba Maggi's Kitchen, 3815 State Highway 119, Longmont, Colorado 80504, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Hotel and Restaurant (County) Liquor License, for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, said License previously held by Rinn Valley, LLLP, dba Rinn Valley Restaurant and Tavern, and WHEREAS, C.R.S. §44-3-303, allows for the issuance by the Board of County Commissioners of a temporary permit to the transferee of an existing liquor license to authorize the transferee to conduct business and sell alcoholic beverages at retail in accordance with said license, subject to compliance with certain conditions, and WHEREAS, Col -Barb, LLC, dba Maggi's Kitchen, has complied with all of the conditions set forth in said Section, and WHEREAS, Col -Barb, LLC, dba Maggi's Kitchen, has also submitted the required application fee for said temporary permit of $100.00. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application and other qualifications of the applicant for the transfer of the Hotel and Restaurant (County) Liquor License and having considered said request for a temporary permit, does hereby grant to Col -Barb, LLC, dba Maggi's Kitchen, 3815 State Highway 119, Longmont, Colorado 80504, a Temporary Permit to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location in accordance with the license previously held by Rinn Valley, LLLP, dba Rinn Valley Restaurant and Tavern, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 120 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said permit. �-�- socgstJni (AO, Cc,CgG),co coR LCO, G2RPl. O9 fact/l9 2019-3923 LC0014 TEMPORARY PERMIT FOR HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of September, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: G/�a.44) fie'. 4•i Weld County Clerk to the Board BY ca. uty Ierk to the Board APPROVED AS TO FORM: ;410% County Attorney Date of signature: O / (0 119 Mike Freeman, Pro -Tern XCUSED P. Conway Steve Moreno 2019-3923 LC0014 PLEASE POST NEAR EXISTING LICENSE TO WHOM IT MAY CONCERN: On the 28th day of August, 2019, Col -Barb, LLC, dba Maggi's Kitchen, submitted an application for the Transfer of Ownership of a Hotel and Restaurant (County) Liquor License, with said license previously being held by Rinn Valley, LLLP, dba Rinn Valley Restaurant and Tavern, expiring on June 12, 2020. Until the Transfer of Ownership has been considered by the Board of Commissioners and notification has been received from the State advising whether this Transfer of Ownership request has been approved or disapproved, the Board hereby authorizes the continued sale of malt, vinous, and spirituous liquors for consumption by the drink on the premises only, at retail at this establishment, which is located at 3815 State Highway 119, Longmont, Colorado 80504, under a Temporary Permit, which has been approved by the Board on September 4, 2019. This Temporary Permit allows Col -Barb, LLC, dba Maggi's Kitchen, to conduct business and sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, at retail at said location, in accordance with the license previously held by Rinn Valley, LLLP, dba Rinn Valley Restaurant and Tavern, subject to all other rules and regulations set forth by the Board of County Commissioners of Weld County, Colorado, for a period of 120 days, or until such time as the application for Transfer of Ownership is approved by the State of Colorado, whichever shall occur first. If there are any questions concerning this matter, please feel free to contact the Weld County Clerk to the Board's Office at (970) 400-4213, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Sincerely, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO arbara Kirkmeyer, Chair cc: Deputy Clerk to the Board, Chloe A. Rempel Assistant County Attorney, Bob Choate Weld County Sheriffs Office Colorado Liquor Enforcement Division 2019-3923 LC0014 Col -Barb, LLC Dba Maggi's Kitchen Carol Parker 3815 State Highway 119 Longmont, CO 80504 August 27, 2019 I, CLcL\ J C0-(1 or (Carol Parker) do hereby request a Temporary Permit for my Hotel and Restaurant (County) Liquor License application to Weld County and the Colorado Department of Revenue. Sincere regards, d,1 -.)-019 Carol Parker I Date DR 8404 (06/10/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application ❑ New License ❑ New -Concurrent X Transfer of Ownership ❑ State Property Only • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcement/liquor 1. Applicant is applying as a/an ❑ Individual ❑ Limited Liability Company ❑ Association or Other ❑ Corporation [ Partnership (includes Limited Liability and Husband and Wife Partnerships) 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation Col -Barb, LLC FEIN Number l- 14707 Business Telephone (303) 678-9100 2a. Trade Name of Establishment (DBA) Maggi's Kitchen State Sales Tax Number 30290923-0000 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 3815 State Highway 119 City Longmont County Weld State CO ZIP Code 80504 4. Mailing Address (Number and Street) 7232 Prairie Circle City or Town Frederick State CO ZIP Code 80530 5. Email Address carolvb40@gmail.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) Rinn Valley Restaurant and Tavern Present State License Number 03-06390 Present Class of License Hotel and Restaurant Present Expiration Date 06/12/20 Section A Nonrefundable Application Fees Section B (Cont.) Liquor License Fees • Application Fee for New License $550.00 • Application Fee for New License w/Concurrent Review $650.00 ❑x Application Fee for Transfer $550.00 • Lodging & Entertainment - L&E (County) $500.00 Manager Registration - H & R $75.00 ■ Manager Registration - Tavern $75.00 • Manager Registration - Lodging & Entertainment $75.00 ■ Manager Registration - Campus Liquor Complex $75.00 ■ Master File Location Fee $25.00 X Total Section B Liquor License Fees ■ Add Optional Premises to H & R $100.00 X Total • Add Related Facility to Resort Complex$75.00 X Total ■ Master File Background $250.00 X Total ❑ Add Sidewalk Service Area $75.00 • Arts License (City) $308.75 • Arts License (County) $308.75 • Beer and Wine License (City) $351.25 • Beer and Wine License (County) $436.25 • Brew Pub License (City) .$750.00 • Brew Pub License (County) $750.00 • Campus Liquor Complex (City) $500.00 • Campus Liquor Complex (County) $500.00 • Campus Liquor Complex (State) $500.00 • Club License (City) $308.75 • Club License (County) $308.75 • Distillery Pub License (City) $750.00 • Distillery Pub License (County) $750.00 • Hotel and Restaurant License (City) $500.00 © Hotel and Restaurant License (County) $500.00 • Hotel and Restaurant License w/one opt premises (City) $600.00 • Hotel and Restaurant License w/one opt premises (County) $600.00 • Liquor —Licensed Drugstore (City) $227.50 ❑ Liquor —Licensed Drugstore (County) $312.50 • Lodging & Entertainment - L&E (City) $500.00 ■ Optional Premises License (City)$500.00 ■ Optional Premises License (County) $500.00 ■ Racetrack License (City) $500.00 • Racetrack License (County) $500.00 ■ Resort Complex License (City) $500.00 ■ Resort Complex License (County) $500.00 ■ Related Facility - Campus Liquor Complex (City) $160.00 ■ Related Facility - Campus Liquor Complex (County) $160.00 ■ Related Facility - Campus Liquor Complex (State) $160.00 ■ Retail Gaming Tavern License (City) $500.00 ■ Retail Gaming Tavern License (County) $500.00 ■ Retail Liquor Store License —Additional (City) $227.50 ■ Retail Liquor Store License —Additional (County) $312.50 ■ Retail Liquor Store (City) . $227.50 • Retail Liquor Store (County)$312.50 ■ Tavern License (City) $500.00 ■ Tavern License (County) $500.00 ■ Vintners Restaurant License (City) $750.00 ■ Vintners Restaurant License (County) $750.00 Questions? Visit: www.colorado.gov/enforcement/liquorfor more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total $ 2019-3923 DR 8404 (06/10119) Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.Colorado.gov/enforcement/liquorfor more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information A. Applicant/Licensee identified IR B. State sales tax license number listed or applied for at time of application ig C. License type or other transaction identified X D. Return originals to local authority RI E. Additional information may be required by the local licensing authority gl F. All sections of the application need to be completed II. Diagram of the premises NI A. No larger than 8 1/2" X 11" kr B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) .I C. Separate diagram for each floor (if multiple levels) J D. Kitchen - identified if Hotel and Restaurant WI E. Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) • A. Deed in name of the applicant (or) (matching question #2) date stamped / filed with County Clerk , " B. Lease in the name of the applicant (or) (matching question #2) • C. Lease assignment in the name of the applicant with proper consent from the Landlord and acceptance by the Applicant • D. Other agreement if not deed or lease. (matching question #2) (Attach prior lease to show right to assumption) IV. Background information and financial documents LK A. Individual History Records(s) (Form DR 8404-I) El B. Fingerprints taken and submitted to the appropriate Local Licensing Authority through an approved State Vendor. Master File applicants submit results to the State using code 25YQHT with IdentoGO. The Vendors are as follows: IdentoGO — https://uenroll.identogo.com/ Phone: 844-539-5539 (toll -free) IdentoGO FAQs: https://www.colorado.gov/pacific/cbi/identification-fags Colorado Fingerprinting — http.//www.coloradofingerprinting.com Appointment Scheduling Website: http://www.coloradofingerprinting.com/cabs/ Phone: 720-292-2722 Toll Free: 833-224-2227 NI C. Purchase agreement, stock transfer agreement, and/or authorization to transfer license fg D. List of all notes and loans (Copies to also be attached) V. Sole proprietor/husband and wife partnership (if applicable) ■ A. Form DR 4679 • B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) • A. Certificate of Incorporation date stamped by the Colorado Secretary of State's Office ❑ B. Certificate of Good Standing • C. Certificate of Authorization if foreign corporation ■ D. List of officers, directors and stockholders of applying corporation (If wholly owned, designate a minimum of one person as principal officer of parent) VII. Partnership applicant information (if applicable) IN A. Partnership Agreement (general or limited). Not needed if husband and wife • B. Certificate of Good Standing (If formed after 2009) VIII. Limited Liability Company applicant information (if applicable) Nl A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office) x B. Certificate of Good Standing ig C. Copy of operating agreement • D. Certificate of Authority if foreign company IX. Manager registration for Hotel and Restaurant, Tavern, Lodging & Entertainment, and Campus Liquor Complex licenses when included with this application • A. $75.00 fee • B. Individual History Record (DR 8404-I) El C. If owner is managing, no fee required 2 DR 8404 (06/10/19) Name Col -Barb, LLC Type of License H&R Account Number 03-06390 7. Is the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers under the age of twenty-one years? Yes No ■ El 8. Has the applicant (including any of the partners if a partnership; members or managers if a limited liability company; or officers, stockholders or directors if a corporation) or managers ever (in Colorado or any other state): (a) Been denied an alcohol beverage license? (b) Had an alcohol beverage license suspended or revoked? (c) Had interest in another entity that had an alcohol beverage license suspended or revoked? If you answered yes to 8a, b or c, explain in detail on a separate sheet. ■ El II x il X 9. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied preceding two years? If "yes", explain in detail. N/A within the II In 10. Are the premises to be licensed within 500 feet, of any public or private school that meets compulsory education requirements Colorado law, or the principal campus of any college, university or seminary? Waiver by local ordinance? Other: N/A of • x or ■ El 11. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1500 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of greater than (>) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal way of the Licensed LLDS/RLS. door- ■ El 12. Is your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 3000 feet of another retail liquor license for off -premises sales in a jurisdiction with a population of less than (<) 10,0000? NOTE: The distance shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises for which the application is being made and ends at the principal doorway of the Licensed LLDS/RLS. ■ ❑X 13a. For additional Retail Liquor Store only. Was your Retail Liquor Store License issued on or before January 1, 2016? ■ El 13b. Are you a Colorado resident? © ■ 14. Has a liquor or beer license ever been issued to Limited Liability Company; or officers, stockholders current financial interest in said business including the applicant (including any of the partners, if a partnership; members or manager or directors if a corporation)? If yes, identify the name of the business and list any loans to or from a licensee. if a any © • 15. Does the applicant, as listed on line 2 of this application, arrangement? have legal possession of the premises by ownership, lease or other Detail) © • ■ Ownership © Lease ■ Other (Explain in a. If leased. list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord KBSB Investment, Inc. Tenant Col -Barb, LLC Expires 08/01/21 b. Is a percentage of alcohol sales included as compensation to the landlord? If yes, complete question 16. • c. Attach a diagram that designates the area to be licensed in black bold outline (including dimensions) which shows the bars, brewery, walls, partitions, entrances. exits and what each room shall be utilized for in this business. This diagram should be no larger than 8 1/2" X 11". 16. Who. besides the owners listed in this application (including persons, firms, partnerships, corporations, limited liability companies) will loan or give money. inventory, furniture or equipment to or for use in this business; or who will receive money from this business? Attach a separate sheet if necessary. Last Name N/A First Name N/A Date of Birth FEIN or SSN Interest/Percentage Last Name N/A First Name N/A Date of Birth FEIN or SSN Interest/Percentage Attach copies of all notes and security instruments and any written agreement or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 17. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? Number of additional Optional Premise areas requested. (See license • Ei fee chart)I N/A 18. For the addition of a Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram of the service area and documentation received from the local governing body authorizing use of the sidewalk. Documentation may include but is not limited to a statement of use, permit, easement, or other legal permissions. 19. Liquor Licensed Drugstore (LLDS) applicants, answer the following: (a) Is there a pharmacy, licensed by the Colorado Board of Pharmacy, located within the applicant's LLDS premise? If "yes" a copy of license must be attached. • X 3 DR 8404 (06/10/19) Name Col -Barb, LLC Type of License H&R Account Number 03-06390 20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? I N/A ■ Mi . ig I N/A 21. Brew -Pub. Distillery Pub or Vintner's Restaurant applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) ■ El 22. Campus Liquor Complex applicants answer the following: (a) Is the applicant an institution of higher education? (b) Is the applicant a person who contracts with the institution of higher education to provide food services? If "yes" please provide a copy of the contract with the institution of higher education to provide food services. Yes No ■ El • El 23. For all on -premises applicants. a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, the Registered Manager must also submit an Individual History Record - DR 8404-I and fingerprint submitted to approved State Vendor through the Vendor's website. See application checklist, Section IV. for details. b. For all Liquor Licensed Drugstores (LLDS) the Permitted Manager must also submit an Manager Permit Application - DR 8000 and fingerprints. Last Name of Manager Parker First Name of Manager Carol 24. Does this manager act as the manager of, or have a financial interest in, any other liquor licensed establishment in the State of Colorado? If yes, provide name, type of license and account number. x 25. Related Facility - Campus Liquor Complex applicants answer the following: a. Is the related facility located within the boundaries of the Campus Liquor Complex? If yes. please provide a map of the geographical location within the Campus Liquor Complex. If no, this license type is not available for issues outside the geographical location of the Campus Liquor Complex. b. Designated Manager for Related Facility- Campus Liquor Complex Yes No ■ El Last Name of Manager N/A First Name of Manager N/A 26. Tax Distraint Information. Does the applicant or any other person listed on this application including its partners, officers, directors. stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. • ljj 27. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the applicant. All persons listed below must also attach form DR 8404-I (Individual History Record), and make an appointment with an approved State Vendor through their website. See application checklist, Section IV, for details. Name Carol Parker Home Address. City & State 7232 Prairie Cir., Frederick, CO 80504 DOB Position President %Owned 100% Name Home Address. City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address, City & State DOB Position %Owned Name Home Address. City & State DOB Position %Owned ** If applicant is owned 100°/o by a parent company. " Corporations - the President, Vice -President, " If total ownership percentage disclosed here please list the designated principal officer on above. Secretary and Treasurer must be accounted for above (Include ownership percentage if applicable) does not total 100%, applicant must check this box: these disclosed herein owns 10% or more of the applicant and does not have financial interest in a 3 or 5, C.R.S. X Applicant affirms that no individual other than prohibited liquor license pursuant to Article 4 DR 8404 (06/10/19) Name Col -Barb, LLC Type of License H&R Account Number 03-06390 I declare under penalty of perjury knowledge. I also acknowledge Colorado Liquor or Beer Cod Oath Of Applicant in the second degree that this application and all attachments are true. correct, and complete to the best of my that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the hich affect my license. A /zed Sin ur � / �( Printed pp��me and Title `:- rol_ (1 Gtr Date P _ I - Jol t Report and Approval of Local Licensing Authority (City/County) Date application filed vktj) local authority Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application) The Local Licensing Authority been: conducted, provisions or Hereby Affirms that each person required to file DR investigation, including NCIC/CCIC check for or intends to conduct, an inspection affecting their class of license anticipated date 8404-I (Individual History Record) or a DR 8000 (Manager Permit) has outstanding warrants of the proposed premises to ensure that the applicant is in compliance with • Fingerprinted • Subject to background That the local authority has and aware of, liquor code (Check One) • Date of inspection • Will conduct inspection upon approval of state licensing authority • Is the Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 1.500 feet of another retail liquor license for off- a jurisdiction with a population of > 10.0000? Drugstore(LLDS) or Retail Liquor Store (RLS) within 3,000 feet of another retail liquor license for off- a jurisdiction with a population of < 10,0000? shall be determined by a radius measurement that begins at the principal doorway of the LLDS/RLS premises is being made and ends at the principal doorway of the Licensed LLDS/RLS. Drugstore (LLDS) have at least twenty percent (200/0) of the applicant's gross annual income derived food, during the prior twelve (12) month period? Yes No premises sales in ■ El II Is the Liquor Licensed premises sales in NOTE: The distance for which the application ■ ■ • Does the Liquor -Licensed from the sale of •IO The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants. and will comply with the provisions of Title 44, Article 4 or 3, C.R.S.. and Liquor Rules. Therefore, this application is approved. Local Licensing Authority for Weld County, Colorado Telephone Number (970) 400-4213 ■ Town, City © County Signature Print Title Date Signature Print Esther E. Gesick Title Clerk to the Board Date RECEIVED WELD COUNTY COMMISSIONERS 5 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Col -Barb LLC is a Limited Liability Company formed or registered on 02/16/2016 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20161109165 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 07/31/2019 that have been posted, and by documents delivered to this office electronically through 08/01/2019 @ 11:55:10 . 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 08/01/2019 @ 11:55:10 in accordance with applicable law. This certificate is assigned Confirmation Number 11718104 . SeLretary 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.cos.state.co.us/big. CertificateSearchCriteria.da 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:/ wwni.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. Colorado Secretary of State Date and Time: 07/31/2019 10:59 AM ID Number: 20161109165 Document number: 20191619150 Amount Paid: $10.00 ABOVE SPACE FOR OFFICE USE ONLY Statement of Change Changing the Principal Office Address filed pursuant to § 7-90-305.5 and § 7-90-705 of the Colorado Revised Statutes (C.R.S.) 1. The entity ID number and the entity name, or, if the entity does not have an entity name, the true name are Entity ID number 20161109165 (Colorado Secretary of State ID number) Entity name or True name Col -Barb LLC 2. The entity's principal office address has changed. Such address, as changed, is Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) 3815 State Hwy 119 (Street number and name) Longmont CO 80504 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) 3. (If applicable, adopt the following statement by marking the box and include an attachment.) ❑ This document contains additional information as provided by law. 4. (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 are (mm/dd/yyyy hour: minute am/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 such document is such individual's act and deed, or that such individual in good faith believes such document is the act and deed of the person on whose behalf such individual is causing such document to be delivered for filing, taken in CHANGE_POA Page 1 of2 Rev. 12/01/2012 conformity with the requirements of part 3 of article 90 of title 7, C.R.S. and, if applicable, the constituent documents and the organic statutes, and that such individual in good faith believes the facts stated in such document are true and such document complies with the requirements of that Part, the constituent documents, and the organic statutes. 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 identified in this document as one who has caused it to be delivered. 5. The true name and mailing address of the individual causing this document to be delivered for filing are DeSantis Gennaro (Last) (First) 54 West 11th Avenue (Middle) (Suffix) (Street number and name or Post Office Box information) Denver CO 80204 (City) (State) (ZIP/Postal Code) United States . (Province — if applicable) (Country) (If applicable, adopt the following statement by marking 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). CHANGE_POA Page 2 of 2 Rev. 12/01/2012 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. M" -Filed Colorado Secretary of State Date and Time: 02/16/2016 10:43 AM ID Number: 20161109165 Document number: 20161109165 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Col -Barb (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-, "l.l.c. ", "7lc", or "ltd.". See §7-90-60/, 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 Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) 5830 Bella rosa Parkway (Street number and name) Frederick CO 80530 (City) (Province — if applicable) (State) (ZIP/Postal Code) United States (Country) (City) (Province — if applicable) (State) (ZIP/Postal Code) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) Parker or (if an entity) (Last) Carol Jean (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Street address 6360 Audubon Street Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Frederick (City) CO 80530 (State) (ZIP Code) ARTORG_LLC Page 1 of 3 Rev. 12/01/2012 (City) CO (State) (The following statement is adopted by marking the box.) n The 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) Parker Carol Jean or (if an entity) (Last) (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name.) Mailing address 6360 Audubon Street (Street number and name or Post Office Box information) Frederick CO 80530 (City) (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.) none or more managers. or nthe 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 am/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 Parker Carol Jean (Last) (First) 6360 Audubon Street (Middle) (Suffix) (Street number and name or Post Office Box information) Frederick CO 80530 (City) (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 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 OPERATING AGREEMENT FOR COL -BARB LLC A COt..ORADO LIMITED LIABILITY COMPANY TiIIS AGREENIENT is made and entered into as of February 1(. 2016. by and among. the Member of CUL-BARB LLC (-Company') whose name is set forth on Exhibit A attached hereto and incorporated herein by this reference as the same may from time to time be amended. and Carol Parker. hereinafter referred to as "Manager". W"ITNESSEl H: IT IS AGREED, in consideration of the promises. covenants. performance. and mutual consideration herein as follows: FORMATION OF COMPANY 1 .1 . Arri es of Or mi_oiion. This Company is organized pursuant to the provisions of the Limited Liability Company Laws or the State of Colorado and pursuant to Articles of Organization tiled with the Secretary of State on February 16. 2016. The rights and obligations of the Company and the Member shall he pros idcd in this Operating Agreement. C'ulr)Ifer bew. L'co .1ili(f ',s Uf O7;<t oni: uioli and Ibis Agreement It there is atl)' contlil'I between the provisions of the Articles of Organization and this Operating Agreement. the terms of the Articles of Organization shall control. ['remove. The Company has been formed to manage. lease and operate real and personal property of all kinds and to engage in any and all activities related or incidental thereto and to engau e in any other business activities that it may lawfully do so in order to carry out its purposes. The Company is empowered and authorized to do any and all acts and things appropriate. proper. advisable, incidental to. or convenient for the furtherance and accomplishment of its purpose and for the profits and benefits of the Company. ICl.C f rca/men!. During such time as there is only one Member or the Company, the Company shall be treated as a disregarded entity for federal income tax purposes under Treasury Regulation -301.7701 CAPITAL CONTRIBUTION Ciorrihleriorl. The capital contributions to he made by the Member and with v hich the Company shall begin business are as shown on Exhibil A. attached hereto and incorporated herein by this reference. ..-lcklrtumu! C'uprtu! Contribution). No Member shall be required to make additional capital contributions. A Member may make additional capital contributions to the Company. Lewis. The Company may. as determined by the Manager. borrow money from one or any Manager. Member. or third person upon such tcnns and conditions as the Manager shall determine in its sole discretion. ALLOCATION OF PROFIT AND LOSS: DISTRIBUTIONS .-iitncotrnrrs. All income. f.tanls. losses, credits and deductions shall he allocated to and reported to the Member in accordance with the Member's Membership Interest as a sole proprietor for federal income taxes. All distributions as determined by the Manager shall be distributed to the Member. :1IE<A1BERS The rights. duties and responsibilities of the Member shall he governed by the Colorado Limited Liability Compact\ Act the "Act") codified in Colorado Revised Statues §7- 80-100 ct seq. as it ma' be amended from time to time. Such provisions arc hereinafter incorporated into this Agreement by reference. No Member except one who shall also be a Manager may participate in or have any control over the Company business or have any authority or right to act for or hind the Company. The \leather hereby consents to the exercise by the Manager of the powers conferred on the Manager by this Agreement. 4.3 The Member shall have the right. except as otherwise provided herein. to vote only upon the following matters affecting the basic structure of the Company. which matters shall require the vote of the Member: a) I he admission of substitute Members: t.bf The admission of additional Members: and EC) The amendment of this Agreement. including. without limitation, the provisions herein relating to distribution of profits. Each of the foregoing platters shall require a vote of the Member and the Manager for the matter to be a duly authorized action of the Company. MANAGERS Rules relating. to the rights. duties and responsibilities of the Manager shall he go\ emed by the Colorado Limited Liability Company Act codified in Colorado Revised Statues §7-80- 100 et .suq. as it may he amended from time to time. Such provisions are hereinafter incorporated into this Agreement ba reference. Without limiting the generality of the foregoing. the Manager shall ha%e the powers set forth in Paragraph 5.2. Rights, Powers and Duties of Manager. NIanagement and Control of the Company. l he business and affairs of the Company shall be managed exclusively by the Manager. The Manager shall direct. manage and control the business of the Company to the hest of such manager's ability and shall have full and complete authority, power and discretion to make any and all decisions and to do ari and all things which the Manager shall deem to he reasonably required in light of the Company's business and objectives. The Manager may, it appropriate, establish, if Company funds are available. reserves for working capital and for payment of taxes, insurance, debt service. repairs. replacements or renewals, or other costs and expenses incident to the operation ot'the Company and for such other purposes as the \lanager may determine and thereafter shall maintain such reserves in such amounts as the Manager deems appropriate under the circumstances to the extent that any such reserves arc not in conflict with any other pros isiuns of this Agreement regarding any required disbursements. Authority of the Manager. The \Tanager for. and in the name and on behalf of the Company. is hereby authorized to: execute any and all agreements. contracts. documents. cenitieations and instruments necessary or convenient in connection with the purchase. financing. development, management, operation and disposition of the Company and the Company assets or any portion thereof: employ on behalf of the Company agents, employees. accountants, lawyers, clerical help and such other assistance and services as the Manager may deem proper and to pay therefor such remuneration as the Manager may deem reasonable and appropriate: pay insurance premiums. property taxes and other amounts necessary or appropriate to the management. administration, conservation. improvement. development or operation of the Company and its assets: make and enter into such agreements and contracts with such parties and to give such receipts, releases and discharges with respect to any and all of the foregoing and any matters incident thereto as the Atanager may deem advisable or appropriate: sue and be sued. complain and defend in the name of and on behalf of the Company: operate. maintain. finance. approve. construct, own, grant options with respect to. sell. convey, assign. mortgage and lease any real estate or personal property necessary. con%enient or incidental to the accomplishment of the purposes of the Company: borrow money and issue evidences of indebtedness necessary. convenient or incidental to the accomplishment of the purposes of the Company and secure the same by mortgage. pledge or other lien on any assets; execute. in furtherance of arty and all of the purposes of the Company. any deed. Case111CtU, lease. mortlga!ge. deed of trust. mortgaue note. Promissory note. bill of sale. contract or other instrument ptLrportin!, to convey or encumber any or all of the Company's assets: care for and distribute funds to the Member by way of cash, income. return of capital. or otherwise, all in accordance with the provisions of tlus Agreement. and to perform all matters in furtherance of the objectives of the Company or this Agreement: purchase from or through others contract. liability. casualty or other insurance for the protection of the properties or affairs of the Company. or the Member. or for any purpose convenient or beneficial to the Company: pay all taxes, licenses or assessments of whatever kind or nature imposed upon or against the Company or its property. and for such purposes, to make such returns and to do other such acts or things as may be deemed necessary and advisable lw the Company: to perform all acts and duties relating to the payment of all indebtedness, taxes and assessments: and to negotiate and enter into such agreements deemed necessary and advisable to operate the Company: engage in any hind of activ sty and to perform and carry out contracts of any kind necessary to. or in connection with, or incidental to the accomplishment of the purposes of the Company, as may be lawfully carried on or performed by a limited liability company under the lags of each State in \yhich the Company is then funned or qualified to do business. Any person dealing with the Company or the Manager may rely upon a certificate signed by the Manager with respect to one or more of the foilowin : the identity of any Manager or Member hereof: the existence or non-existence of any tact or facts which constitute a condition precedent to acts by a Manager or in any other manner eennane to the affairs of the Company: the persons who arc authorized to execute and deliver any instrument or document of the Company: or any act or failure to act by the Company or as to any other matter whatsoever ino,olying the Company or ally Member, Duties, Obligations and Agreements of the Manager. The initial number of Managers shall be one ( I ) Manager. The initial Manager shall he Carol Parker. The Manager will continue to hold office until her death, disability or resignation In the event of the death. disability or resignation of the initial Manager, the Member may appoint a successor Manager. At any time if there is more than one Manager, any Manager may act and exercise the authority granted to the Managers in this Operating Agreement without the joinder or consent of the other Manager. WITHDRAWAL OF A MEMBER Withdrawal hdrawal ul rr .1lc,nI>,'r. For purposes of this Agreement. a "Withdrawn Member" is a member who is bankrupt. has resigned. or has retired (a "Withdrawal Event"). Upon a k\rthdrawal Event. the Withdrawn Member or any successor in interest to the Withdrawn Member shall become an Assignee of the Withdraw n Member's \Membership Interest in the Company. Rights oI AvAiencc. The Assignee of a Membership Interest shall he entitled to receive distributions and profits and losses attributable to the Membership Interest in the Company. hut in no event shall the Assignee have the right to participate in. or interfere with. the management or administration of the Company's business or affairs or become a substitute Member unless permitted to do so by a unanimous vote nit' the other Member:. DISSOLUTION L)i.' ,oli,tiuri. The Company shall he dissolved and its assets distributed as provided in the Act. MISCELLANEOUS PROVISIONS lnr,ri•n ent, This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators, successors, and assigns, and each person entering into this Agreement acknowledges that this Agreement constitutes the sole and complete representation made to him or her regarding the Company, its purpose and business, and that no oral or written representations or warranties of any kind or nature have been made regarding the proposed investments, nor any promises. ,guarantees, or representations regarding income or profit to he derived from any future in\e tment, .tlrxli/iculirm. This Agreement may be modified from time to time as necessary only by the written agreement of the Company. acting through the vote or consent of its Manager, and the Member. St-Terabit/ft. The provisions of this Agreement are severable and separate. and if one or more is voidable or void by statute or rule of lags the remaining provisions shall be severed therefrom and shall remain in full force and effect. Gotcrinn,s; Loue. This Agreement and its terns are to he construed according to the lasts of the State of Colorado. IN WITNESS WHEREOF. f-. the undersi+,ned. being the sole Member and the sole Manager of the Company. have executed and acknowledged this Agreement as of the day and year first above written. MEMBER: MANAGER: Carol Parker EXHIBIT A CAPITAL CO\TRII3U TIONS AND MEMBERSHIP IN hRES I S OF NIEMBERS Member Carol Parker Initial Capital Contribution \Iemhership Interest As set forth on the books 100" and records of the Company AGREEMENT FOR PURCHASE AND SALE Dated: July 1, 2019 Agreement made this first day of July, 2019 by and between Katherin Engelhard doing business under the name of RINK VALLEY RESTAURANT AND TAVERN through her Colorado Limited Liability Limited Partnership, the RINN VALLEY LLLP, (hereinafter referred to as "Seller") and Carol Parker doing business through her Colorado Limited Liability Company, COL -BARB LLC, (hereinafter referred to as the "Buyer"). RECITALS WHEREAS, Seller is engaged in the restaurant and tavern business, and operates under the trade name of RINN VALLEY RESTAURANTAND TAVERN; and WHEREAS, Buyer desires to purchase, and Seller desires to sell, substantially all of the assets of Seller's business, including appurtenances thereto upon which Seller currently conducts business, upon the terms and conditions hereinafter set forth; and WHEREAS, the Seller desires to sell and the Buyer desires to buy the business presently operated at 3815 CO -119, Longmont, CO 80504 and known as RINN VALLEY RESTAURANT AND TAVERN along with substantially all assets thereof as contained and identified in Schedule "A" and all inventory as contained and identified in Schedule "B" attached hereto; and WHEREAS, the Seller is a duly organized and validly existing Limited Liability Limited Partnership under the laws of the State of Colorado and is the authorized entity under which Seller operates said business. however, such entity and its ownership and other assets not associated with the RINK VALLEY RESTAURANT AND "TAVERN are specifically not being sold as part of this Agreement; and WHEREAS, the Buyer is a duly organized and validly existing Limited Liability Company under the laws of the State of Colorado and is the authorized entity under which Buyer intends to operate its business under its present name or under any other trade name desired by Buyer; and WHEREAS, the sale, execution and closing of this Agreement by the Seller has been duly authorized by its entity; and WHEREAS, the purchase and closing of this Agreement by the Buyer has been duly authorized by its entity; NOW, THEREFORE, in consideration of the premises and the mutual promises herein contained, and intending to be legally bound, the parties agree as follows: 1. The total Purchase Price for all fixtures, furnishings and equipment is $62,000.00 Page 1 of 6 Phone 303 • 776.4015 HOPP & AssocT.ATES PC 353 Main Street. Longmont, Colorado 80501 866 • 581 • 9037 US dollars payable as follows: cash, certified funds or bank check, upon closing of this Agreement. 2. The property to be sold hereunder shall be conveyed by a standard form Bill of Sale form, duly executed by the Seller. 3. Buyer represents and warrants that it has inspected the property to be sold hereunder and accepts such in their current condition, AS IS, with all faults. 4. Seller agrees to convey good, clear, and marketable title to all the property to be sold hereunder, the same to be free and clear of all liens and encumbrances unless otherwise noted on any attachment hereto. Full possession of said property will be delivered in the same condition that it is now, reasonable wear and tear expected, and Seller warrants that no further liens or encumbrances will be placed or attached to such property. 5. Closing of the sale, with full payment by the Buyer of the Purchase Price and the delivery by the Seller of the Bill of Sale, will take place on or before July , 2019. Full possession of the subject property shall be given to Buyer at time of closing. 6. The Seller agrees that this Agreement is contingent upon the following conditions: a) Buyer obtaining a Lease on the said premises or that the existing Lease be assigned in writing to the Buyer; and b) Buyer obtaining the approval from the proper authorities of Weld County, Colorado of the transfer of all necessary licenses to the Buyer; and c) The premises and all items transferred to Buyer shall be in the same condition, reasonable wear and tear expected, on the date of closing as they are currently in: and (d) Seller agrees to transfer the existing Direct TV contract to Buyer and will assist to the extent reasonably required by Direct TV for the transfer, however, Seller will no longer be liable for continuing Direct TV services beyond the closing with Buyer being responsible for prorated or proportionate payment of all subsequent services from and after the date of closing. 7. All of the assets to be transferred shall be conveyed by Bill of Sale that shall contain the usual full warranties and covenants of title. Both parties hereto agree, at the closing, to execute all such other documents and take all such steps as may be reasonably required in order to properly carry out the terms of this purchase and sale agreement. 8. It is understood that Buyer is purchasing only the assets of such business from Seller, and Buyer shall not be responsible, in any manner whatsoever, for any liabilities Page 2 of 6 Phone 303 • 776 • 4045 HOPP & ASSOCIATES PC 353 Main Street, Longmont. Colorado 80501 866 • 581 • 9037 of Seller or such business, now existing or which might hereafter arise as a result of Seller's ownership or operation of such business, and Seller shall indemnify and hold harmless Buyer from any such liability or claim, and from all costs and attorney's fees in- curred by Buyer in defending against such liability or claim or incurred in enforcing this indemnity provision. 9. Each party acknowledges that they have been advised to seek independent legal advice regarding this agreement and each has done so to the extent so desired. The Seller has elected to proceed with the law firm of Hopp & Associates, P.C. Although Hopp & Associates, P.C. represents the Seller only, the parties hereby agree to include the attorney fees in the closing expenses with one-half to be paid by each. Unless stated otherwise above, each party acknowledges that they have not received nor relied upon any legal or other opinions, advice, or representations from any real estate broker or agent regarding the terms, provisions, or effects of having entered into this agreement and that no real estate or other commissions are owed by either party regarding this Agreement. 10. All of the terms, representations and warranties shall survive the closing. This Agreement shall bind and inure to the benefit of the Seller and Buyer and their respective heirs, executors, administrators, successors and assigns. 11. If this Agreement shall contain any term or provision which shall be invalid or against public policy or if the application of same is invalid or against public policy, then, the remainder of this Agreement shall not be affected thereby and shall remain in full force and effect. 12. This Agreement shall be construed and governed by the laws of the State of Colorado. 13. All notices and other communications under this Agreement shall be in writing and given by first class mail, return receipt requested, nationally recognized overnight delivery service, or personal delivery to the party to whom it is given, at the party's address set forth herein or such other address as the party may hereafter specify by notice to the other parties given in accordance with this section. Any such notice or other communication will be deemed to have been given as of the date the applicable delivery receipt is received or in the case of mail, three days after it is mailed. If to the Seller: Attention: Rinn Valley LLLP Katherin Engelhard, Authorized Representative 8006 Morningside Drive, Frederick, CO 80516 E-mail: keen13.ke@gmail.com Phone: (303)229-6902 or (303) 774-7815 Hopp Associates, P.C. Walter J. Hopp, esq. 353 Main Street, Longmont, CO 80501 E-mail: walterhopp@hopplaw.org Phone: (303) 776-4045 Page 3 of 6 Phone 303 • 776. 4045 HOPP & ASSOCIATES PC 353 Main Street, Longmont, Colorado 80501 866 • 581 • 9037 i If to the Buyer: Col -Barb LLC Carol Parker. Operating Manager 5830 Bella Rosa Parkway, Frederick, CO 80530 E-mail: Phone: (303) 709-9289 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year first above written. RINN VALLEY LLLP, Seller: Katherin Engelhard, Authorized Representative COL -BARB LLC, Buyer: By: Carol Parker, Operat er Exhibits "A" and "B" to be completed and to be attached hereinbelow 76(60,•-) fL/) te/i O:50i 0670 -� fh Zzi,--0-1 —7) rc) O-1 pa -1 O C/-{i) r-- r/) Jc, te -067y ir) F/7 / et;- rn�n fh 1( y � Page 4 of 6 Phone 303 • 776. 4045 .,;/rfG-7T 7 HoPP & ASSOCIA"IES PC 353 Main Street, Longmont, Colorado 80501 866. 581 • 9037 EXHIBIT A EQUIPMENT LIST Patio: 1 round Iron Tables with 4 chairs 1 Cigarette Butt Dispenser Water Hose Dining Room: 4 Booths and 1- 8' Matching Bench 3 Televisions 12 Wooden 4 -Top Tables with 48 Matching Chairs 1 Welcome Station Armoire 3 Booster Seats and 4 High Chairs Napkin Dispensers and Salt and Pepper Shakers BAR: 4 High -Top Tables with 16 Matching Chairs 16 Bar Stools 1 Double Standup Glass Door Beer Cooler 1 Black Ice -Chilled Beverage Cooler 1 Small Electric Glass Cooler 3 Flat Screen TV's 1 Jagermiester Dispensing Machine 1 Popcorn Machine BAR CONTINUED: Liquor Storage Shelving 1 Projector with Screen Glassware: pint glasses, rocks glasses, shot glasses, martini glasses, wine glasses, tall glasses Bar Tools: shakers, wine openers, bottle pourers, napkin/straw holders, bar mats, cutting board, tongs Clover Point of Sale System: 1 Bar Station with cash drawer, card swipe and printer 2 Clover Mini Stations 1 Star 700 Kitchen Printer KITCHEN AND SERVICE AREA 3 -Burner Coffee Maker 2 Buss Carts and Bins Glass Racks Meat Slicer 8 Movable Storage Shelves 3 Mop Buckets 2 Plumbing Snakes Dolly 2 Ladders Snow Shovels and Miscellaneous Tools Crock Pot 1 Heat Lamp Food Warmer KITCHEN AND SERVICE AREA CONTINUED: Kitchen Aid Mixer Scotsman Ice Machine 3 Stainless Steel Movable Prep Tables 1 Small Utility Table Portable -on -wheels Swamp Cooler Brooms, Dustpans, Trashcans Dishwasher Miscellaneous Pots, Pans, Skillets, Cooking and Mixing Utensils, Thermometers, Containers, Sheet Trays, Baking Pans, Pie Pans, Kitchen Knives, Colanders, Mixing Bowls, Cutting Boards, Serving Trays, Beverage Pitchers and Coffee Servers Large Assortment of Plates, Saucers, Bowls, Drink ware and Silverware Flat Top Grill with 4 Gas Burners and 2 Ovens South bend P48D-CCCC Gas Range with Char Broiler Deep Fat Fryer 2 Pellet Smokers 2 Microwaves Kelvinator Freezer Serial Number: WB62151494 3 -Door Advantage Freezer 2 Refrigerators Serial Numbers: T837220J97 and F27S-10120056 Blodgett Convection Oven All Remaining Food, Beverage, and Consumable Inventories OFFICE: Dell Computer HP Printer 14 Camera Surveillance System Revo Security System ADT Alarm System Safe Tool Kit 2 Portable Heaters Miscellaneous Office Furniture, File Cabinet, and Supplies EXHIBIT "B" TO AGREEMENT FOR PURCHASE AND SALE (inventory purchased) Present inventory, goods, foodstuffs and perishables, condiments, soda and other mixers and liquor if part of the sale, etc., and purveyor and vendor information necessary to identify and inventory transferred, hut not including assignment or other transfer of any purveyor or vendor contracts (include identifying information as specifically as possible): -A If ('nn non- (in SLiL l .Jet L / Y1 CI (4.d ('he Page 6 of 6 Phone 303 • 776 • 4045 HOPP & ASSOCIATES PC' 353 Main Street. Longmont, Colorado 80501 866 • 581 • 9037 BILL OF SALE Dated: July 1, 2019 This Bill of Sale is made as of July 1, 2019 by and between Katherin Engelhard doing business under the name of RINN VALLEY RESTAURANT AND TAVERN through her Colorado Limited Liability Limited Partnership, the RINN VALLEY LLLP, (hereinafter referred to as "Seller") and Carol Parker doing business through her Colorado Limited Liability Company, COL -BARB LLC, (hereinafter referred to as the "Buyer"). RECITALS WHEREAS, Seller and Buyer, entered into an AGREEMENT FOR PURCHASE AND SALE (hereinafter referred to as the "Agreement") dated July 1, 2019 with Katherin Engelhard doing business under the name of RINN VALLEY RESTAURANT AND TAVERN through her Colorado Limited Liability Limited Partnership, the RINN VALLEY LLLP. and Carol Parker doing business through her Colorado Limited Liability Company, COL - BARB LLC, which included certain property and inventory more particularly described on Exhibit "A" and Exhibit "B" attached thereto and hereto; and WHEREAS, such Agreement called for the transfer of certain business property and inventory owned by Seller by a Bill of Sale; NOW THEREFORE, in consideration of the foregoing referenced Agreement and the consideration therein contained, and other good and valuable consideration: 1. Seller hereby sells, transfers, assigns and conveys to Buyer: (1) all improvements, furniture, fixtures, kitchen tools, machines, kitchen equipment, supplies, tables, tools, carts, dollies, and any other items of business property owned by Seller and used in the business referenced in the AGREEMENT FOR PURCHASE AND SALE, as noted in the Exhibit "A" thereto and hereto; and (2) inventory present at the time of closing including, goods, foodstuffs and perishables, condiments, soda and other mixers and liquor if part of the sale, etc.. and purveyor and vendor information necessary to identify and inventory transferred. but not including assignment or other transfer of any purveyor or vendor contracts (include identifying information as specifically as possible) as noted in the Exhibit "B" thereto and hereto, (hereinafter referred to as the "Equipment and Inventory"). 2. Seller hereby transfers, conveys and assigns unto Buyer good and marketable title to the Equipment and Inventory noted in the exhibits attached hereto, free and clear of all liens, debts, encumbrances, and security interests, if any, to have and to hold such items transferred, assigned and conveyed hereunder unto Buyer, its successors and assigns, forever. Seller covenants that it has the right to convey the Equipment and Inventory conveyed hereunder to Buyer and that it has done no act to encumber the Equipment and Inventory. Page 1 of 2 Phone 303 • 776 • 4045 IIOPP & ASSOCIATES PC 353 Main Street, Longmont, Colorado 80501 866 • 581 • 9037 first above written. --/k\e fZtai Tan S1 C-{- RINN VAr:i;v LLLP, Seller: Ka f e in Engelhard, Authorized Representative 3. Notwithstanding the foregoing, it is the intention of Seller to transfer, convey and assign unto Buyer the Equipment and Inventory in "AS IS" condition. Seller has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to the Equipment and Inventory. 4. Seller is a duly organized and validly existing Limited Liability Limited Partnership under the laws of the State of Colorado and is the authorized entity under which Seller operates the above -referenced business, however, such entity and its ownership and other assets not associated with the RINN VALLEY RESTAURANT AND TAVERN are specifically not being sold as part of the Agreement or this Bill of sale; 5. This Bill of Sale shall be construed and governed by the laws of the State of Colorado. IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the day and year Exhibits "A" and "B" from the Agreement to be attached hereto AAR EXHIBIT "A" TO AGREEMENT FOR PURCHASE AND SALE (as completed and attached to the above -referenced Agreement and to be attached hereto as referenced in the above Bill of Sale) EXHIBIT "B" TO AGREEMENT FOR PURCHASE AND SALE (as completed and attached to the above -referenced Agreement and to be attached hereto as referenced in the above Bill of Sale) Page 2 of 2 Phone 303 • 776 • 4045 HOPP & ASSOCIATES P( 353 Main Street, Longmont. Colorado 80501 866 • 581 • 9037 EXHIBIT A EQUIPMENT LIST Patio: 1 round Iron Tables with 4 chairs 1 Cigarette Butt Dispenser Water Hose Dining Room: 4 Booths and 1- 8' Matching Bench 3 Televisions 12 Wooden 4 -Top Tables with 48 Matching Chairs 1 Welcome Station Armoire 3 Booster Seats and 4 High Chairs Napkin Dispensers and Salt and Pepper Shakers BAR: 4 High -Top Tables with 16 Matching Chairs 16 Bar Stools 1 Double Standup Glass Door Beer Cooler 1 Black Ice -Chilled Beverage Cooler 1 Small Electric Glass Cooler 3 Flat Screen TV's 1 Jagermiester Dispensing Machine 1 Popcorn Machine r BAR CONTINUED: Liquor Storage Shelving 1 Projector with Screen Glassware: pint glasses, rocks glasses, shot glasses, martini glasses, wine glasses, tall glasses Bar Tools: shakers, wine openers, bottle pourers, napkin/straw holders, bar mats, cutting board, tongs Clover Point of Sale System: 1 Bar Station with cash drawer, card swipe and printer 2 Clover Mini Stations 1 Star 700 Kitchen Printer KITCHEN AND SERVICE AREA 3 -Burner Coffee Maker 2 Buss Carts and Bins Glass Racks Meat Slicer 8 Movable Storage Shelves 3 Mop Buckets 2 Plumbing Snakes Dolly 2 Ladders Snow Shovels and Miscellaneous Tools Crock Pot 1 Heat Lamp Food Warmer KITCHEN AND SERVICE AREA CONTINUED: Kitchen Aid Mixer Scotsman Ice Machine 3 Stainless Steel Movable Prep Tables 1 Small Utility Table Portable -on -wheels Swamp Cooler Brooms, Dustpans, Trashcans Dishwasher Miscellaneous Pots, Pans, Skillets, Cooking and Mixing Utensils, Thermometers, Containers, Sheet Trays, Baking Pans, Pie Pans, Kitchen Knives, Colanders, Mixing Bowls, Cutting Boards, Serving Trays, Beverage Pitchers and Coffee Servers Large Assortment of Plates, Saucers, Bowls, Drink ware and Silverware Flat Top Grill with 4 Gas Burners and 2 Ovens South bend P48D-CCCC Gas Range with Char Broiler Deep Fat Fryer 2 Pellet Smokers 2 Microwaves Kelvinator Freezer Serial Number: WB62151494 3 -Door Advantage Freezer 2 Refrigerators Serial Numbers: T837220J97 and F27S-10120056 Blodgett Convection Oven All Remaining Food, Beverage, and Consumable Inventories OFFICE: Dell Computer HP Printer 14 Camera Surveillance System Revo Security System ADT Alarm System Safe Tool Kit 2 Portable Heaters Miscellaneous Office Furniture, File Cabinet, and Supplies EXHIBIT "B" TO AGREEMENT FOR PURCHASE AND SALE (inventory purchased) Present inventory, goods, foodstuffs and perishables, condiments, soda and other mixers and liquor if part of the sale, etc., and purveyor and vendor information necessary to identify and inventory transferred, hut not including assignment or other transfer of any purveyor or vendor contracts (include identifying information as specifically as possible): ieima i nl0 Con 5(,rn 'iab/e alb _loi ( nnSuirl'l �pec Ir�CI(-tct ,r [ (-1-)Gj Page 6 of 6 l'hone 303 • 776. 4045 HOPP & ASSOCIATES Y(' 353 Main Street. Longmont. Colorado 80501 866 • 581 • 9037 INDUSTRIAL LEASE AGREEMENT Gross Lease (MODIFIED) THIS LEASE AGREEMENT (the "Lease") dated this day of August, 2019, is executed by and between KBSB Investment Inc, Colorado Corporation., hereinafter referred to as "Landlord," and COL -BARB LLC, a Colorado Limited Liability Company, hereinafter referred to as "Tenant." In consideration of the payment of the rent hereunder provided and the keeping and performance of each and every one of the covenants, agreements and conditions of Tenant hereinafter set forth, Landlord does hereby lease unto the said Tenant the following property: 3815 State Hwy 119, Longmont CO 80751, and adjoining parking lot area (the "Property"). and all improvements currently existing or hereafter constructed thereon, subject to the following terms, provisions, covenants, and agreements. 1. Demised Premises. Landlord does hereby lease and demise to Tenant and Tenant hereby leases from Landlord, upon the terms and provisions of this Lease, the Property. 2. Condition of Property. The taking of possession of the Property shall be deemed an acceptance of the same by Tenant in its "AS IS" condition without any obligation whatsoever on the part of Landlord to repair, remodel, reconstruct or modify the Property for Tenant. Tenant agrees that it will be responsible for improving the Property for its intended use in accordance with Paragraph 12 below. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF THIS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY STATED IN THIS LEASE. 3. Security for Performance of Lease. $9,700 is required from Tenant pursuant to the terms of this Lease. 4. Use of Property. Tenant (and Tenant's assignee or sublessee) shall use the Property for the operation of a restaurant called Rinn Valley. Tenant shall not use the Property in such a way as to cause unreasonable depreciation and shall neither permit nor suffer any disorderly conduct, noise or nuisance whatever in or about the Property. Tenant shall not use or permit the Property to be used for any business or purpose deemed by Landlord to be extra hazardous, or in any manner as to constitute a violation of any present or future federal, state, county and municipal laws, rules, regulations, requirements or orders of any lawful governmental or public authority relating to the Property; and Tenant covenants and agrees at its sole cost and expense to fully and promptly comply with all such regulations. Failure of Tenant to comply with any provision of this paragraph 4 shall be deemed an "Event of Default." 5. Rent. 5.1. Monthly Rent and Term. The initial Term of this Lease shall be 2 years, commencing on the Commencement Date. Tenant shall have the option of one 2 -year renewal term, subject to the terms of this Lease. Tenant shall exercise such option during the last year of the initial Term, but no later than 6 months prior to the end of the initial Term. Tenant agrees to pay Landlord as guaranteed monthly rent ("Gross Lease") for the Property for the full term hereof, payable in monthly installments of $4,850.00 each. Rent payment shall be payable in advance, and without notice, deduction, offset or demand, by the third day of each calendar month during the term hereof, commencing on the Rent Commencement Date, as defined in paragraph 6. Such payments shall be made to Landlord at the address set forth in paragraph 24 below or hereafter or at such other address as Landlord may designate in writing from time to time. In the event that Tenant takes possession of the Property on a date other than the first day of the month, then the guaranteed monthly Rent for the first month of the term hereof shall be prorated on a per diem basis and shall be immediately paid to Landlord. Pa 5.2. Additional Rent. In addition, the Tenant shall pay to Landlord such amounts as may be referred to herein as "Additional Rent." Additional Rent includes all expenses associated with the Property of any kind whatsoever, except those specifically undertaken by Landlord pursuant to this Lease. 6. Rent Commencement Date - Term. This Lease shall be effective on the date first set forth above. The Rent Commencement Date shall be the date of this Lease. If the Rent Commencement Date is the first day of a calendar month, "Lease Year" shall mean the 12 -month period commencing on the first day of such month. If the Rent Commencement Date is a day other than the first day of a calendar month, the first "Lease Year" shall commence on the Rent Commencement Date and shall end on the last day of the month in which the one-year anniversary of the Rent Commencement Date occurs, and all subsequent "Lease Years" shall be the twelve month periods beginning on the first day of the month following the month in which the Rent Commencement Date occurs. The Term of the Lease shall commence on the Rent Commencement Date and shall end on the last day of the second (2nd) Lease Year. 7. Landlord and Tenant Responsibilities. Landlord shall be responsible for paying utilities (except trash removal), the real estate property taxes on the Property, and for no other expenses. Tenant shall be responsible for all other expenses, including parking lot maintenance for Tenant parking, and all other maintenance, repairs, replacements and improvements to the Property in accordance with Paragraphs 10, 11 and 12 hereof as Additional Rent. 8. Taxes. Tenant shall pay all taxes (other than real estate property taxes) prior to delinquency all taxes levied against the Property and all personal property and trade fixtures placed by Tenant in the Property. If any such taxes for which Tenant is liable are not paid when due and if Landlord elects to pay the same, Tenant shall pay to Landlord upon demand that part of such taxes for which Tenant is primarily liable hereunder. 9. Insurance. 9.1 Tenant shall procure and maintain throughout the term of this Lease such policy or policies of insurance upon the Property, at its sole cost and expense, as Landlord may require. All policies of insurance required hereunder shall name Landlord and Tenant as named insureds and shall provide that the proceeds of such insurance shall be payable to Landlord and Tenant, as their interests may appear. If required by Landlord, such policies shall contain a loss payable endorsement in favor of the holder of any mortgage or deed of trust on the Property or any portion thereof. All insurance shall be effected under valid and enforceable policies issued by insurance companies authorized to do business in Colorado and approved by Landlord. The insurance policies shall be endorsed to indicate that Tenant's coverage shall not be invalid due to any act or omission on Landlord's part. 9.2 Landlord and Landlord's agents and employees shall not be liable to Tenant, nor to Tenant's employees, agents or visitors, nor to any other person whomsoever, for any injury to person or damage to the Property or other portions of the Property caused by disrepair or by defect or failure of any structural element of the Property or of any equipment, pipes or wiring, or broken glass, or by the backing up of drains, or by gas, water, stream, electricity, or oil leaking, escaping or flowing into the Property, nor shall Landlord be liable to Tenant, nor to Tenant's employees, agents or visitors, nor to any other person whomsoever, for any loss or damage that may be occasioned by or through the acts or omissions of other tenants of the Property or of any other persons whomsoever, excepting only duly authorized employees and agents of Landlord. Landlord shall not be held responsible in any way on account of any construction, repair or reconstruction (including widening) of any private or public roadways, walkways or utility lines. 9.3 Landlord shall not be liable to Tenant or to Tenant's employees, agents, or visitors, or to any other person whomsoever, for any injury to person or damage to property on or about the Property caused by the negligence or misconduct of Tenant, its employees, subtenants, licensees or concessionaires, or of any other person entering the Property under express or implied invitation of Tenant, or arising out of the use of the Property by Tenant and the conduct of its business therein, or arising out of any breach or default by Tenant in the performance of its obligations under this Lease; and Tenant hereby agrees to defend and indemnify Landlord and hold Landlord harmless from any loss, expense or claims arising out of such damage or injury. e.c 2 Pa C G{� 9.4 Tenant, at its sole cost and expenses, shall maintain occurrence basis commercial general liability insurance with single combined liability limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) in the annual aggregate insuring against all liability of tenant and its authorized representatives arising out of or in connection with tenant's use or occupancy of the premise. 10. Utilities. Beginning on the date Landlord delivers possession of the Property to Tenant, Landlord shall pay, when due, in addition to any other payments required hereunder, the costs of all utilities, including, but not limited to, gas, electricity, water and sewer, used and consumed by Tenant. Tenant shall be responsible for paying trash removal of the premise. 11. Maintenance. All repairs or maintenance to the Property shall be made by Tenant at Tenant's expense, and Tenant agrees to maintain the Property and all improvements, fixtures and equipment at any time located upon the Property in good repair, including, but not limited to, the floors, walls, plumbing, electrical wiring and fittings, air conditioning, roof heating fixtures, sewer pipes, water pipes and heating pipes, and to keep the interior of the Property painted and clean, and to be responsible for all glass; provided, however, that any repairs, replacement or installation of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Tenant shall keep the parking areas, storage areas, landscaping and sidewalks at the Property free from ice and snow, litter, debris, dirt and obstruction. 12. Alterations. Tenant shall make no alterations, changes, additions or improvements to the Property without Landlord's prior written consent after receipt of plans and specifications. No such alteration, change, addition or improvement shall be done so as to lessen or materially and disadvantageously affect the value of the Property. Landlord shall not under any circumstances whatsoever be liable for the payment of any expense incurred or the value of any work done or material furnished to the Property by virtue of any construction, alteration, change, addition or improvement undertaken by Tenant. All such work shall be done in a good and workmanlike manner and in compliance with the applicable building and zoning laws and other Regulations at Tenant's sole cost and expense, and Tenant shall be wholly responsible to all contractors, subcontractors, laborers and materialmen therefor. Tenant shall pay for all the foregoing so that no lien shall be asserted against the Property or the Property. Within five (5) days after notifying Landlord of any planned construction, alteration, removal, addition, repair or other improvements, Tenant shall post and keep posted until completion of such work, in a conspicuous place upon the doors providing entrance to the Property, and shall personally serve upon such contractors or subcontractors performing such work, a notice stating that to the extent allowable under applicable law, Landlord's interest in the Property shall not be subject to any lien for such work. Tenant shall defend and indemnify and save Landlord harmless from and against any liabilities, damages or penalties, and any costs, expenses, or claims of any kind or nature arising out of said construction, alteration, or additions, or otherwise, and such indemnification shall apply to any damages or injury to person or property resulting therefrom. 12.1 Removal of Fixture. Upon termination of this Lease or Tenant's right to possession of the Demised Premise, by Lapse of time or otherwise, all installations, additions, partitions, hardware, light fixtures, floor covering, non -trade fixtures and improvements, temporary or permanent whether place there by tenant or landlord, shall be Landlord's property and shall remain upon the Demised Premise, all without compensation, allowance or credit to Tenant; provided, however, that if prior to any such termination or within thirty (30) calendar days thereafter Landlord so directs by notice, Tenant, at Tenant's sole expense, shall promptly remove such of the installations, additions, partitions, hardware, light fixtures, floor coverings, non -trade fixtures and improvements in or to the Demised Premises by or on behalf of removal, failing which Landlord may remove the same and repair the Demised Premises, and Tenant shall pay the cost thereof to Landlord on demand. 13. Lien Protection. Tenant agrees that at no time during the term of this Lease will Tenant permit a lien or encumbrance of any kind or nature to come into existence against the Property, Tenant's interest therein, or the Property. If at any time a lien or encumbrance is filed or recorded against the Property or the Property as a result of Tenant's failure to satisfy same, Tenant shall promptly discharge said lien or encumbrance, and if said lien or encumbrance has not been removed within thirty (30) days from the date it is filed or recorded against the Property, Tenant agrees it will deposit with Landlord an amount in cash equal to one hundred fifty percent (150%) of the amount of the lien filed or post a bond reasonably satisfactory to Landlord and shall leave the same on deposit with Landlord until said lien is discharged. 14. Signs. Tenant shall not install any signs, window lettering or other advertisement in, upon or around the Property without the prior written approval of Landlord, which shall not be unreasonably withheld. 15. Tenant's Covenants. Tenant, in consideration of the leasing of the Property, as aforesaid, and in addition to any and all covenants hereinabove and hereinafter included in this Lease, covenants and agrees as follows: 15.1 To permit Landlord or its agents to enter upon the Property at any time for the purpose of inspecting and of making repairs, alterations or improvements to the Property or to the Property. 15.2 To keep the Property clean, and in the sanitary condition required by all local, state and federal governmental agencies. 15.3 Neither to permit nor suffer any unreasonable noise or disturbances whatever, other than those incident to Tenant's regular business. 15.4 Neither to permit nor suffer the Property or the walls or floors thereof, to be endangered by overloading. 15.5 Not to use the Property for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor to make any alterations or changes in, upon or about the Property without first obtaining the written consent of Landlord therefor. 15.6 To surrender and deliver up possession of the Property and any appurtenances thereto promptly upon the termination of this Lease. 15.7 To continuously throughout the term of this Lease conduct and carry on in the entire Property the type of business for which the Property are leased and not at any time permit the Property to become vacant. 16. Casualty Damage If the Property or the Property are damaged as a result of fire or other casualty, Landlord may terminate this Lease on twenty days notice to Tenant at any time within ninety (90) days after the occurrence of such casualty. If the Property cannot reasonable be expected to be restored within two hundred (200) days of the occurrence of such casualty, the Tenant may terminate this Lease within thirty (30) days after the occurrence of such casualty upon ten (10) days notice to Landlord. 17. Indemnification. Tenant shall defend and indemnify and save harmless Landlord, its principals, agents, servants, and employees from and against any and all claims, suits, actions, demands and causes of action arising from or in connection with the Property or the Property during the term hereof, or any holding -over period or extension, for personal injury, loss of life or damaged property sustained in or upon or resulting from Tenant's use of the Property, and from and against all costs, counsel fees, expenses and liabilities incurred in defending any such claims, the investigation thereof or the defense of any action or proceeding brought thereon, and from any judgment, orders, decrees or liens resultant therefrom and any fines, assessments, duties or obligations levied or imposed by any authority by virtue of any Regulations which are imposed as a result of the use of the Property. 18. Quiet Enjoyment. If, and so long as, Tenant pays Monthly Rent and Additional Rent, and keeps and performs each and every term, covenant and condition herein contained on the part and on behalf of Tenant to be kept and performed, Tenant shall quietly enjoy the Property without hindrance or molestation by Landlord, subject to the terms, covenants and conditions of this Lease. 19. Events of Default. Any of the following events shall constitute and "Event of Default" hereunder: 19.1 If default shall be made in the due and punctual payment of any Monthly Rent, Additional Rent, or any other sums required to be paid by Tenant under this Lease when and as the same shall become due and payable, and such default has not been cured within 10 days of the date same becomes due and payable; 1. If Tenant shall vacate or abandon the Property; 2. If default shall be made by Tenant in the performance of or compliance with any of the covenants, agreements, terms or conditions contained in this Lease other than those referred to in the foregoing subparagraphs 19(a) and 19(b), and Tenant shall fail to remedy the same within thirty (30) days after Landlord shall have given Tenant written notice specifying such default; or 3. If Tenant shall become subject to any form of bankruptcy or insolvency action which is not dismissed within thirty (30) days of filing. 19.2. Landlord Remedies. Upon the occurrence of an Event of Default, Landlord shall have the right, at its election, then or at any time thereafter, to: 1. Institute suit against Tenant to collect each installment of Monthly Rent, Additional Rent or other sum as it becomes due or to enforce any obligations under this Lease; or 2. Terminate this Lease, effective at such time as may be specified by written notice to Tenant, and demand (and, if such demand is refused, recover) possession of the Property from Tenant. Tenant will remain liable to Landlord for damages in an amount equal to the Monthly Rent and Additional Rent which would have been owing by Tenant for the balance of the term had this Lease not been terminated, less the net proceeds, if any, of any reletting of the Property by Landlord subsequent to such termination, after deducting all Landlord's expenses in connection with such recovery of possession or reletting. 3. Re-enter and take possession of all or any part of the Property without additional demand or notice, and repossess the same and expel Tenant and any party claiming by, through or under Tenant, and remove the effects of both using such force for such purposes as may be necessary, without being liable for prosecution for such action or being deemed guilty of any manner of trespass, and without prejudice to any remedies for arrears of rent or right to bring any proceeding for breach of covenants or conditions. No such re-entry or taking possession of the Property by Landlord will be construed as an election by Landlord to terminate this Lease unless a written notice of such intention is given to Tenant. No notice from Landlord or notice given under a forcible entry and detainer statute or similar laws will constitute an election by Landlord to terminate this Lease unless such notice specifically so states. Landlord reserves the right, following any re-entry or reletting, to exercise its right to terminate this Lease by giving Tenant such written notice, in which event this Lease will terminate as specified in such notice. After recovering possession of the Property, Landlord may, from time to time, but will not be obligated to, relet all or any part of the Property for Tenant's account, for such term or terms and on such conditions and other terms as Landlord, in its discretion, determines. 19.3 Nothing contained in this Lease will limit or prejudice Landlord's right to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding an amount equal to the maximum allowable by any laws governing such proceeding in effect at the time when such damages are to be proved, whether or not such amount be greater, equal to or less than the amounts recoverable, either as damages or rent, under this Lease. 19.4 In addition to Landlord's rights set forth above, if Tenant fails to pay its rents and all other amounts owing hereunder within the time period set forth herein, more than two (2) times during any calendar year during the term of this Lease, or any extension thereof, then upon the occurrence of a third or any subsequent default in the payment of monies during said calendar year, Landlord, at its sole option, shall have the right to require that Tenant, as a condition precedent to curing such default, pay the Landlord, in cash or its equivalent, in advance, the Monthly Rent and Landlord's estimate of all other amounts which will become due and owing here- under by Tenant for a period of six (6) months. All such amounts shall be paid by Tenant within thirty (30) days after notice from Landlord demanding the same. All monies so paid shall be retained by Landlord, without interest, for the balance of the term of this Lease and any extension thereof, and shall be applied by Landlord to the last due amounts owing hereunder by Tenant. If, however, Landlord's estimate of the rent and other amounts for which 5 i `Tc Tenant is responsible hereunder are inaccurate, when such error is discovered, Landlord shall pay to Tenant, or Tenant shall pay to Landlord, within thirty (30) days after written notice thereof, the excess or deficiency, as the case may be, which is required to reconcile the amount on deposit with Landlord with the actual amounts for which Tenant is responsible. 19.5 No such re-entry or taking possession by Landlord shall be construed as an election on Landlord's part to terminate or surrender this Lease unless a written notice of such intention is served on Tenant, notwithstanding the service of a Demand For The Payment Of Rent Or Possession, or the filing of a suit under a forcible entry and unlawful detainer statute or similar law, and Landlord and Tenant expressly agree that the service or posting of such Demand will not constitute an election on the part of the Landlord to terminate this Lease. 19.6 Enumeration of the foregoing remedies does not exclude any other remedy, but all remedies are cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity, including but not limited to suits for injunctive relief and specific performance. The exercise or beginning of the exercise by Landlord of any one or more of the rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. 19.7 All costs incurred by Landlord in connection with collecting any rent or other amounts and damages owing by Tenant pursuant to the provisions of this Lease, or to enforce any provision of this Lease, including reasonable attorneys' fees from the date such matter is turned over to an attorney, whether or not one or more actions are commenced by Landlord, shall also be recoverable by Landlord from Tenant. 19.8 In the event of any breach by Tenant of any of the agreements, terms, conditions or covenants contained in this Lease, Landlord, in addition to any and all other rights herein provided and at Landlord's option, shall be entitled to enjoin such breach and shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise for such breach as though re-entry, summary proceedings, and other remedies were not provided for in this Lease. Any amount owed Landlord that is not paid when due shall bear interest from the date due until paid at a rate equal to the greater of (i) 18% per annum, or (ii) a variable rate per annum equal to five percentage points (5%) in excess of the Prime Rate designated by Wells Fargo Bank, N.A., a national banking association ("Wells Fargo") from time to time during the period such amount is owed to Landlord ("Default Interest"). The term Prime Rate shall mean the prime commercial lending rate announced by Wells Fargo, as the same may be changed from time to time. If Wells Fargo shall at any time discontinue using a Prime Rate, Landlord shall, in its reasonable judgment, substitute another means of determining the annual interest rate charged by major commercial banks on 90 -day unsecured commercial loans to their most creditworthy borrowers, and such interest rate as so determined shall thereafter be the Prime Rate. Payment of such interest shall not excuse or cure any default by Tenant. 20. Subordination and Estoppel Certificates. This Lease is automatically subject and subordinate to all mortgages and deeds of trust which now or hereafter may affect the Property or the Property, and Tenant shall execute and deliver upon demand of Landlord any and all instruments subordinating this Lease, in the manner requested by Landlord, to any new or existing mortgage or deed of trust without the necessity for any action or execution of any instruments by Tenant, Landlord or holder of such mortgages or deeds of trust. Further, Tenant shall at any time and from time to time, upon not less than ten (10) days' prior written notice from Landlord, execute, acknowledge and deliver to Landlord a tenant estoppel certificate, certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease as so modified is in full force and effect) and the dates to which Monthly Rent, Additional Rent and other charges are paid in advance, if any, and acknowledging that there are not, to Tenant's knowledge, any uncured defaults on the part of the Landlord hereunder, or specifying such defaults, if any are claimed, and such other matters as Landlord shall reasonably request. If Tenant fails to provide any such estoppel within the required ten-day period, Tenant shall be deemed to have represented that all of the matters set forth in such certificate are true and correct. 21. Assignment and Subletting. Tenant may not sublet the Property or any part thereof and may not assign any of its right or interest in this Lease without the express written consent of Landlord, which consent shall c? not be unreasonably withheld. In any such event, the original Tenant, and any guarantors hereunder, shall not be released from its liability hereunder. 22. Lien. Subject to any purchase money security interest on such items, Tenant hereby grants to Landlord a security interest and express contractual lien upon any and all goods, wares, inventory, furniture, fixtures and equipment belonging to the Tenant and used at, in or upon the Property, whether acquired by the Tenant before or after execution of this Lease to secure the due payment of all Monthly Rent, Additional Rent and other liabilities of the Tenant hereunder. 23. Waiver. No waiver of any breach of any one of the agreements, terms, conditions or covenants of this Lease by Landlord or Tenant shall be deemed to imply or constitute a waiver of any other agreement, term, condition or covenant of this Lease. The failure of either party to insist on strict performance of any agreement, term, condition or covenant, herein set forth, shall not constitute or be construed as a waiver of the rights of either or of the other thereafter to enforce any other default of such agreement, term, condition or covenant; neither shall such failure to insist upon strict performance be deemed sufficient grounds to enable either party hereto to forego or subvert or otherwise disregard any other agreement, term, condition or covenant of this Lease. 24. Notices. Any notices required or permitted hereunder or which any party elects to give shall be in writing and delivered either personally to the other party and the other party's authorized agent(s) set forth below (or as changed by written notice), or by depositing such notice in the United States Certified Mail, Return Receipt Requested, postage fully prepaid, to the person(s) at the address(es) set forth below, or to such other address(es) as either party may later designate in writing: Landlord: Tenant: KBSB Investment Inc. 3815 State Hwy 119 Longmont, CO 80751 email: kbsbmjhjaga@live.com phone: 970-405-2511 Col -Barb LLC 5830 Bella Rosa Pkwy. Frederick, CO 80530 email: caro1b40(a)gmail.com phone: 303-709-9289 Any notice given by mail as herein provided shall be deemed given when deposited in the United States mail. 25. Successors. All of the agreements, terms, conditions and covenants set forth in this Lease shall inure to the benefit of and be binding upon the heirs, legal representatives, successors, executors and assigns of the parties, except that no assignment or subletting by Tenant in violation of the provisions of this Lease shall vest any rights in the assignee or in the sublessee. 26. Entire Agreement. This Lease constitutes the entire agreement of the parties hereto. Tenant acknowledges and agrees that all representations, promises, terms, conditions, obligations or warranties whatsoever referring to the subject matters hereof, other than those expressly set forth herein, shall be of any binding legal force or effect whatsoever. No modification, change or alteration of this Lease shall be of any legal force or effect whatsoever unless in writing, signed by all parties hereto. 27. Landlord's Right to Cure Tenant's Default. If Tenant shall default in the performance of any covenant contained herein to be performed on Tenant's part, Landlord may, after fifteen (15) days' notice to Tenant, or without notice if in Landlord's judgment an emergency exists, perform the same for the account and at the expense of Tenant. If Landlord shall incur any expense, including reasonable attorneys' fees, in instituting, prosecuting, or defending any action of Tenant, Tenant shall reimburse Landlord for the amount of such expense with interest at the Default Rate (18%), from the respective due dates until paid, provided that this shall in no way limit, lessen or affect any claim for damages by Landlord for any breach of default by Tenant an 11 such amounts "Wage shall constitute Additional Rent hereunder. Should Tenant become obligated to reimburse or otherwise pay Landlord one or more sums of money pursuant to this paragraph 27, the amount thereof shall be paid by Tenant to Landlord within two (2) days of Landlord's written demand therefor, and if Tenant fails to make such payment, such failure shall be deemed an Event of Default as set forth in paragraph 19 above. The provisions hereof shall survive the termination of this Lease. The provisions hereof shall neither impose a duty on Landlord nor excuse any failure on Tenant's part to perform or observe any covenant or condition in this Lease contained on Tenant's part to be performed or observed. 28. Enforcement of Lease - Attorneys' Fees. In the event that Landlord commences an action for the enforcement of or arising out of a breach of the terms of this Lease, or is required to take any other action through the use of legal counsel in enforcing the terms of this Lease, then Tenant shall pay, in addition to any other amounts owed under the Lease, all costs of collection and reasonable attorneys' fees. 29. Counterparts. This Lease may be executed in several counterparts and each such counterpart shall be deemed an original. 30. Covenant Against Recordation. Tenant shall not record for public record this Lease Agreement or any part thereof without the prior written consent of Landlord. 31. Miscellaneous. 31.1 Time of the Essence. Time is of the essence hereof, and each party shall perform its obligations and conditions hereunder within the time hereby required. 31.2 Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of Colorado. <Addendum A. Equipment List> EXHIBIT A. EQUIPMENT LIST (Owned by Tenant) Patio: 1 round Iron Tables with 4 chairs 1 Cigarette Butt Dispenser Water Hose Dining Room: 4 Booths and 1 - 8' Matching Bench 3 Televisions 12 Wooden 4 -Top Tables with 48 Matching Chairs 1 Welcome Station Armoire 3 Booster Seats and 4 High Chairs Napkin Dispensers and Salt and Pepper Shakers BAR: Dell Computer, HP Printer, 14 Camera Surveillance System Revo Security System, ADT Alarm System, Safe Tool Kit, 2 Portable Heaters Miscellaneous Office Furniture, File Cabinet, and Supplies EXECUTED to be effective on the date first set forth above. LANDLORD: KBSB Investment Inc By: Name: . : B. Lee Title: President TENANT: Carol Jean Parker By: Individually Allen Conway By: Individually 10 1'atie t/1 Q�u�ri bl os 1- u9' 1,004 vvt ii+) 5h1i w-iAitt {-vi ..e.A..1,44 AA,votAtm v Ax 444/1 'no -ii 0,9 is -0, 4 4:1,t) 4 go, tai L-1.0 4 7,(1) u&Q Qcu&4Lc/ Di Ttl -� 4 High -Top Tables with 16 Matching Chairs 16 Bar Stools 1 Double Standup Glass Door Beer Cooler 1 Black Ice -Chilled Beverage Cooler 1 Small Electric Glass Cooler 3 Flat Screen TV's 1 Jagermiester Dispensing Machine 1 Popcorn Machine BAR CONTINUED: Liquor Storage Shelving 1 Projector with Screen Glassware: pint glasses, rocks glasses, shot glasses, martini glasses, wine glasses, tall glasses Bar Tools: shakers, wine openers, bottle pourers, napkin/straw holders, bar mats, cutting board, tongs Clover Point of Sale System: 1 Bar Station with cash drawer, card swipe and printer 2 Clover Mini Stations 1 Star 700 Kitchen Printer KITCHEN AND SERVICE AREA: 3 -Burner Coffee Maker 2 Buss Carts and Bins Glass Racks Meat Slicer 8 Movable Storage Shelves 3 Mop Buckets 2 Plumbing Snakes Dolly 2 Ladders Snow Shovels and Miscellaneous Tools Crock Pot 1 Heat Lamp Food Warmer KITCHEN AND SERVICE AREA CONTINUED: Kitchen Aid Mixer Scotsman Ice Machine Portable -on -wheels Swamp Cooler Brooms, Dustpans, Trashcans Miscellaneous Pots, Pans, Skillets, Cooking and Mixing Utensils, Thermometers, Containers, Sheet Trays, Baking Pans, Pie Pans, Kitchen Knives, Colanders, Mixing Bowls, Cutting Boards, Serving Trays, Beverage Pitchers and Coffee Servers Large Assortment of Plates, Saucers, Bowls, Drink ware and Silverware 2 Pellet Smokers 2 Microwaves Kelvinator Freezer Serial Number: WB62151494 3 -Door Advantage Freezer 2 Refrigerators Serial Numbers: T837220J97 and F27S-10 120056 Blodgett Convection Oven All Remaining Food, Beverage, and Consumable Inventories OFFICE: \\)6(i(-) 9(11cu\ 0,6(Y\ 4235352 09/12/2016 08:42 AM Total Pages: 1 Rec Fee: $11.00 Doc Fee: $338.00 Carly Koppes - Clerk and Recorder, Weld County, CO SPECIAL WARRANTY DEED THIS DEED, Made this 7th day of September, 2016, between JABEZ ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY of the County of Weld and State of Colorado, grantor(s), and KBSB INVESTMENT, INC, A COLORADO CORPORATION whose legal address is 10805 TURNER BLVD., LONGMONT, CO 80504 of the County of Weld and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of THREE MILLION FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($3,400,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows: LOT 1, LONGMONT CENTENNIAL INN SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: 3815 HIGHWAY 119, LONGMONT, CO 80504 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appeartaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, by, through or under the grantor(s). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. DEBORAH L (.:\TANS i` 0't'.?i" PO -611C ATE Ut: COLOR-1ti_:Q i;oL `y D `' uls 4004!";.10S w.,+,,, Conimiss!or F'( f.:..041 STATE OF COLORADO COUNTY OF JEFFERSON JABEZ ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY • MIKE I. KIM, MANAGING MEMBER The foregoing instrument was acknowledged before me this 7th day of September, 2016, by MIKE I. KIM AS MANAGING MEMBER OF .BABE ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY. t{�� y My Commission expires: "c "i, ( Witness i y• and and official seal. Notary Public SPECIAL WARRANTY DEED File b 20223 ,: P LI Q UDR. it-•'{ I . • 4 .r' r^ • i 16 aff at • 1 1 SECURITY PLAN MAGGI'S KITCHEN • Liquor is all stored in the closet marked "Liquor Storage" on the diagram of the premises. Only the owner has the keys for this room, which will be locked during business hours. • The shelves behind the bar are stocked with liquor. • Beer is stored in the cooler marked "Beer Storage Cooler" on the diagram of the premises. Only the owner has the keys for the cooler, which will be locked during business hours. • Only the owner and two cooks have keys to the front doors of the building. • The building is equipped with a security system, including alarms and cameras. "1 .41seek t WELD COUNTY Transfer Lic ONLINE MAPPING uor License - Cot - Barb, LLC, d pa Ma c l's Kitchen • FF F -.2 rit OIL & GAS PRO[:l l_I TIC F ACI LI SPR R 2 88 HIG.HMAY Ala! Ef3 -40 1 SPR -106 'R-29 1 SPR 17-000 . S' F' R c21 P R —3 S F' I -0f .17 air PR -41 OIL & GAS PRODUCTION FA C I L I TtY4 --1 a it CflAC ely ivapi, -'- f.. #.. ' 1 '; r _• 11 L .: ilbat a .1.:111 T ' I V II IE'i ti t II 1 . Ili° /If - ODE , -I r'- ► 1.IP L \' • Rte{! c.v."yri lid~ • w,t ..: k i `.] .."e,' - 1# ) t ill: t4 _; R it SF' R 3, 173 L }E: E; E ::R T Me e 1 ' R -198-;1 -' 3 FR Au � �'� 'A'! SPR -69 :I F' —�) a RGtl" } ►,, _� .A ., FR -6 treott a ,r ,as 4r..-:, ►� N Qb F i• 1,687.8 0 843.89 1,687.8 Feet YE!�`k r •aP• .j— -- •eatfry 44,r rite egiT$11141, { Y HI ,C RR -35,027 , AMSF'R- I SPR-2G•,' U SR 12-00 12 WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION 0 Fort Collins f4ulder Legend • --, L Parcels USR - Uses by Special Revie'n 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 AI- Floodplain - 100 Year Zone AC Address Label Highway County Boundary Notes 3815 State Highway 119 Longmont, CO 80504 OAC H RD N l his map is a user generated static output from an Internet mapping site and is fof 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 "PPP WELD COUNTY Transfer Liquor License - Col -Barb, LLC, dba N 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 5/21/2019 Property Report Weld County PROPERTY PORTAL Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R0080888 May 21, 2019 Account Parcel Space Type Account r Tax Year Buildings Actual Value Assessed Value R0080888 131303000041 Commercial 2019 2 3.550.000 1,007,440 Legal LCI-1 L1 LONGMONT CENTENNIAL INN SUB Subdivision I Block Lot Land Economic Area LONGMONT SUB CENTENNIAL INN DEL VIEW CAMINO HIGH Property Address Property City Zip Section Township Range 3815 119 HIGHWAY WELD 03 02 68 Account Owner Name Address R0080888 INVESTMENT KBSB INC 10805 805049578 TURNER BLVD LONGMONT. CO https://propertyreport.co.weld.co.usPaccount=R0080888 1/6 5/21/2019 Property Report Reception Rec Date Type Grantor Grantee Doc Fee Sale Date Sale Price 11-19-2003 SPR SITE REVIEW PLAN SPR-364 0.00 0 01863893 07-20-1981 WDN 0.00 I 01-01-1900 0 02170186 02-06-1989 QCN t 0.00 01-12-1989 0 02176994 04-20-1989 QCN 0.00 03-22-1989 0 02207034 03-06-1990 SW D N 0.00 01-01-1900 0 1706448 12-21-1976 COZ WELD COUNTY ZONING CASE: ZONING Z-106* C-3 0.00 0 2119091 SUB SUBDIVISION LONGMONT CENTENNIAL INN 0.00 0 2534557 02-24-1997 WD ►.- CARLSON STENER FRANCES & E HYUNG SUN KEUN 137.00 02-20-1997 I 1.370.000 2711161 08-03-1999 WD HYUNG SUN KEUN PEAKS 207.00 07-30-1999 2.070.000 TWIN HOSPITALITY INC 2863169 07-05-2001 WD INC TWIN HOSPITALITY PEAKS THEINCO HOSPITALITY LLC 265.00 06-27-2001 2.650,000 3406758 07-28-2006 PTD THIENCO HOSPITALITY LLC BLC ESTATE REAL LLC 0.00 07-28-2006 0 3441600 12-13-2006 SWD BLC ESTATE REAL LLC JABEZ ENTERPRISES LL 180.00 12-07-2006 1.800.000 4235352 09-12-2016 SWD JABEZ ENTERPRISES INC KBSB INVESTMENT 338.00 09-07-2016 3,380,000 Building 1 AccountNo Building ID Occupancy -- L R0080888 1 Hospitality https:/lpropertyreport.co.weld.co.us/?account=R0080888 2/6 5/21/2019 Property Report ID Type NBHD Occupancy ok Complete Bedrooms Baths Rooms 1 Commercial 3919 Hospitality 100 0 0 0 ID ExteriorRoof Cover Interior HVAC Perimeter Units Unit Make 1 j Irregular Package Unit 550 69 ID Square Ft Condo SF Total Basement SF Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 1 10,620 0 0 0 0 0 0 0 Built As Details for Building 1 ID Built As Square Ft Year Built Stones Length Width 1 00 Motel 9,912 1973 1 0 0 1 00 Multiple - Residential 708 1992 1 0 0 https //propertyreport co weld co us/9account=R0080888 3/6 5/21/2019 Property Report Additional Details for Buildma 1 I ID Detail Type Description Units 1 Add On Asphalt Fair 52,286 1 Add On Corn Canopies Wood Average 1,184 1 Add On Concrete Slab Average 594 1 Add On Concrete Slab Average 840 1 Add On Concrete Slab Average 333 1 Add On Concrete Slab Average 196 1 Add On Concrete Slab Average 552 1 Add On Concrete Slab Average 594 1 Add On Concrete Slab Average 840 1 Add On Concrete Slab Average 333 1 Add On Concrete Slab Average 196 1 Add On Concrete Slab Average 552 1 Add On Swimming Pool 589 Building 2 AccountNo Building ID Occupancy R0080888 2 Hospitality ID Type NBHD Occupancy Complete Bedrooms Baths Rooms 2 Commercial 3919 Hospitality 100 0 0 0 ID ExteriorRoof Cover Interior HVAC Perimeter Units Unit Make 2 None 606 0 https //propertyreport co weld co us/'Paccount=R0080888 4/6 5/21/2019 Property Report ID Square Ft CondoI SF Total SF Basement Finished Basement SF Garage SF Carport SF Balcony SF Porch SF 2 27/60 0 0 0 0 0 0 0 Built As Details for Building 2 ID Built As Square Ft Year Built Stories Length Width 2.00 Motel 27.760 1973 2 0 0 Additional Details for Building 2 ID Detail Type Description Units 2 Add On Asphalt Fair 36.014 2 Add On Concrete Slab Average 2,036 2 Add On Concrete Slab Average 2,588 2 Add On Concrete Slab Average 2.036 2 Add On Concrete Slab Average 2.588 Type Code Description Actual Value Assessed Value Acres Land SqFt Improvement 1220 MULTI-UNITS(4- 8)-IMPRVMTS 51.141 3.680 0.000 0 Improvement 2215 LODGING- IMPROVEMENTS 2,664,613 772.740 I 0.000 0 Land 1120 MULTI-UNITS(4- 8) -LAND 50.055 3,600 0.221 9,626 ._ Land 2115 LODGING -LAND 784,191 227,420 3.462 150,806 Totals - - 3,550,000 1,007,440 3.683 160,432 Comparable sales for your Residential property may be found using our SALES SEARCH TOOL https://propertyreport.co.weld.co.us/?account=R0080888 5/6 5/21/2019 Property Report Tax Area District ID District Name Current Levy Mill h 2341 1050 HIGH PLAINS LIBRARY 3.252 2341 0311 LEFT HAND WATER 0.000 2341 1202 LONGMONT CONSERVATION 1 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 56.385 2341 0620 ST VRAIN SANITATION 0.519 2341 0100 WELD COUNTY 15.038 Total - - 92.441 Copyright © 2019 Weld County, Colorado. All rights reserved. Privacy Policy & Disclaimer Accessibility Information https://propertyreport.co.weld.co.us!?account=R0080888 6/6 APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Wholesaler Affidavits DR 8004 (12/21/16) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Wholesaler Affidavit of Compliance Section 12-47-303(1)(d), C.R.S. Wholesaler Licensee Name (If an LLC; partnership; corporation or name of corporation) Anheuser-Busch Inc Trade Name of Establishment/Doing Business As (DBA) American Eagle Distributing License Number USY 7O ,) Phone Number 970-663-1690 Physical Address 3800 Clydesdale Pkwy City Loveland State CO ZIP 80538 Email Address Transferor Retailer Licensee Name Rinn Valley LLLP License Number 03-06390 Trade Name of Establishment/Doing Business As (DBA) Rinn Valley Restaurant & Tavern Phone Number 303-709-9289 Physical Address 3815 State Highway 119 City Longmont State CO ZIP 80504 The above wholesaler affirms that all alcohol beverages delivered to the above transferor retailer are: LI Paid in Full (only for the purposes of complying with section 12-47-303(1)(d), C.R.S.) Note: If Paid in full is selected, the wholesaler may no longer extend credit to the transferee or transferor until the local and state licensing authorities have approved the transfer of the liquor license. ❑ Not Paid in Full Wholesaler: American Eagle Distributing Inc. Print Brandon Barrera Title Sales Manager Date 08/02/19 DR 8004 (12/21/16) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Wholesaler Affidavit of Compliance Section 12-47-303(1)(d), C.R.S. Wholesaler Licensee Name (If an LLD; partnership; corporation or name of corporation) High Country.Beverage Corp License Number 2368718'0001 Trade Name of Establishment/Doing Business As (DBA) High Country Beverage Corp 7 Phone 'State ' CO Number 970-622-8444 -LP 80534 Pnysica1 Hadress 4200 Ronald Reagan Blvd City Johnstown Email Address www.highcountrybeverage.com Transferor Retailer Licensee Name License Number Trade Name of Establishment/Doing Business As (DBA) Phone Number Physical Address City 1 State ZIP The above wholesaler affirms that all alcohol beverages delivered to the above transferor retailer are: ® Paid in Full (only for the purposes of complying with section 12-47-303(1)(d), C.R_S.) Note: If Paid in full is selected, the wholesaler may no longer extend credit to the transferee or transferor until the local and state licensing authorities have approved the transfer of the liquor license, FL Not P air6 iiv, 4 i„ ldi Wholesaler: High Country Beverage Corp Signature Print Title Date f Lauren Bertron Accountant High Country Beverage/Crown Distributors 4200 Ronald Reagan Blvd Johnstown, CO 80534 (970) 622-8444 -Northern Colorado Office Lauren Bertron <Ibertron@hcbeer.com> to me Good morning, Tue, Jul 2, 10:39 AM We do not have an outstanding balance for Rinn Valley Restaurant & Tavern so we are not able to print anything out since there is no data. However, attached is a Wholesaler Affidavit for you to fill out and send back to me. That is to transfer the license from you to the new owner. That will need to be filled out by you. The box stating that you have paid in full should be sufficient and you shouldn't need a statement at that point. Also, we have updated the name in our records to be Rinn Valley from Ole Hickory. Please let me know if you have any questions or concerns. Thank you, APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Individual History Record and Background Check xx INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY "" TIME RECEIVED REMOTE CSID DURATION PAGES STATUS August 30, 2019 at 1:17;O1 PM MDT Safeway 1828 71 2 Received 2019-08-30 11:35 OR 8404.1(03/20/19) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Safeway 1828 3038332968 » Weld County IT Individual History Record P 1/2 To be completed by the following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers of a corporation, all directors of a corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of a limited liability company, and members owning 10% or more of the company; and any intended registered manager of Hotel and Restaurant, Tavern and Lodging and Entertainment class of retail license Notice: This individual history record requires information that is necessary for the licensing investigation or inquiry. All questions must be answered in their entirety or the license application may be delayed or denied. If a question is not applicable, please indicate so by "N/A". Any deliberate misrepresentation or material omission may jeopardize the license application. (Please attach a separate sheet if necessary to enable you to answer questions completely) 1. Name of Busines .eit— ,f C Q (Ark.,-- Home Phone Number j"la5'Cc1, Cellular Number 3o io�i'qZl� 2. Void{ F II Naa (last, first, middle) VOA r 3. List any other name you have used nO 4. Mailing address (if different from residence) 1)? - fc rte_ 0.car. _. Email Address (.CA -r61. ue +107i) 1-ncul .corn 5. List current rest ence address. Include any previous addresses within the last five years. (Attach separ sheet if necessary) Street and Number 'Current,'cci City,, State, Zip From To y �4 _ -��v c1 e1"1(/t�- b 0.S","4 lec_ 1 Pr . A-4- Previous �c� L 0 . Cnecisirck 011 DS'vt� l)- . CaG A 6. List all employment within e last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address Number, City, State, Zip) Position Held From To r lic,Z ► e 444- ((Street, 51 t,J� ti Q kA .c (' 'o`il .o! ila(r - 44,- 7. List the name(s) of relatives working In or holding a financial interest in the Colorado alcohol beverage industry. Name of Relative Relationship to You Position Held Name of Licensee fil-JU-m/\_-9-- _ 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, Yes furniture, fixtures, equipment or inventory to any licensee? (if yes, answer in detail.) ■ No a �i 1,�-ter t ,t C,e �nC CIA- `� � 1 - - n� (Y)- (1U U — 9_.1)1'1 - 1u ni),--Q a tit = 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you • YesAlo applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail 2019-08-30 11:35 DR 8404-I (03/20119) Safeway 1828 3038332968 >> Weld County IT P 2/2 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) ❑ YesJo 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) ❑ Yes No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ■ Yes,e_No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in q estion #13 is solely for identification purposes. 13a.`Date of Birth Ott- ' S al Security Number ' - tl � Place of i h e GoMC( �' d. U.S. Citizen +Yes ❑No e. If Naturalized, state where f. When Name of District Court h. Naturalization Certificate Number i. Date of Certification I If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I. Height m. Weight v n. Flair Color ( r\ a. Eye Color �� rp. Gel der q. Do you have a current Driver's t icense/1D? If so, re number and state. CC Yes ❑ No # Cia.' 7 14. Financial Information. a. Total p h e price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ fOV)0 b. List the total afnourtt of the personal investment . made by the person listed on question #2, in this Chess Including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ * If corporate investment only please skip to and complete section (d) **Section b should reflect the total of sections is and e c. Provide details of the personal investment described in 14b. You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Services or Equipment Account Type Bank Name Amount /Caash, d. Provide details of the corporate investment descnbed in 14 (a). You must account for all of the sources of this investment. (Attach a separate sheet if needed) Type: Cash, Services or Equipment Loans Account Type Bank Name Amount ACA -- e. Loan Information (Attach copies of all notes or loans Name of Lender Address Term Security Amount C7 1 Ain kIP(lac__Sew abkAckaci -)./ Oath of Applicant I declare under penalty of eriury that thi application and all attachments are true, correct. and complete to the best of my knowledge. Autho ed/S-gnature �-�/{� _D to t> - �R l Pn Signature leaf\ /� L G.il UI e V -Pat jT.(%QtT MIe Date bi- aat AFFIDAVIT DATE: August 1, 2019 FROM: Chloe A. Rempel, Deputy Clerk to the Board SUBJECT: Federal Bureau of Investigation (FBI) and State of Colorado Background Checks for Liquor Licensing I hereby certify that I have provided the below documents in accordance with the requirements of Weld County, the State of Colorado, and the Federal Bureau of Investigation (FBI), on this 1st day of August, 2019. Chloe A. Rempel, Deputy Clerk to the Board Date 1. Agency Privacy Requirements for Noncriminal Justice Applicants 2. Noncriminal Justice Applicant's Privacy Rights 3. Privacy Act Statement 4. Procedures for submitting to a background check in Weld County, Colorado ********************************** I HEREBY AFFIRM THAT I HAVE RECEIVED THE ABOVE DOCUMENTS. I UNDERSTAND THAT I MAY REQUEST THE PROCEDURES FOR OBTAININNG A CHANGE, CORRECTION, OR UPDATE OF A CRIMINAL HISTORY RECORD; THAT I WILL BE PROVIDED A COPY OF THE RESULTS OF THE CRIMINAL HISTORY RECORD; THAT IF I HAVE A CRIMINAL HISTORY RECORD, I WILL BE AFFORDED A REASONABLE AMOUNT OF TIME TO CORRECT OR COMPLETE THE RECORD; AND THAT IF I HAVE ANY OTHER QUESTIONS OR CONCERNS, I MAY REQUEST FURTHER INFORMATION AT ANY TIME FROM THE CLERK TO THE BOARD'S OFFICE OF WELD COUNTY. THE RESULTS OF THE CRIMINAL HISTORY RECORD WILL BE USED FOR AUTHORIZED PURPOSES ONLY. HOWEVER, BECAUSE YOU ARE APPLYING FOR A PUBLIC LICENSE, THE RESULTS OF THIS RECORD ARE CONSIDERED AN OPEN RECORD AND ONLY PERSONAL IDENTIFYING INFORMATION WILL BE REDACTED. LIQUOR LICENSE ALICATIONS ARE A MATTER O PUBLIC RECORD. eailaX 1-e_fLn OVA 1,O , at Eq Print Name Date Weld County • Clerk to the Board's Office • 1150 O Street, Greeley, CO 80631 • (970) 400-4213 • crempel@weldgov.com `COLORADO Bureau of Investigation Depat,ment of P,,,bhcSa Biometric Identification and Records Unit 690 Kipling Street, Suite 4000 Lakewood, CO 80215 DATE 08/05/2019 WELD COUNTY CLERK TO THE BOARD'S OFFICE 1150 O STREET 80631 Page 1 of 1 RE: PARKER,CAROL JEAN I DATE OF BIRTH: SOC: XXX-XX- No Colorado record of arrest has been located based on above name and date of birth or through a search of our fingerprint files. The Colorado Bureau of Investigation's database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. On occasion the Colorado criminal history will contain disposition information provided by the Colorado Judicial system. Additionally, warrant information, sealed records, and juvenile records are not available to the public. Since a record may be established after the time a report was requested, the data is only valid as of the date issued. Therefore, if there is a subsequent need for the record, it is recommended another check be made. Falsifying or altering this document with the intent to misrepresent the contents of the record is prohibited by law and may be punishable as a felony when done with intent to injure or defraud any person. Sincerely, John Camper, Director Colorado Bureau of Investigation 700 Kipling Street Suite 1000, Lakewood, CO 80215 cdpsweb.state.co.us Jared Pons, Governor I Stan Hilkey, Executive Director Page 1 of 1 CIVIL APPLICANT RESPONSE ICN E2019217000000122607 CIDN OCA CONCJ6331 PARKER,CAROL JEAN I DOB MNU SOC SEX F RAC W HGT 507 COCBI0000 COLORADO B OF I DENVER CO 2019/08/02 A SEARCH OF THE FINGERPRINTS ON THE ABOVE INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA. CJIS DIVISION 2019/08/05 FEDERAL BUREAU OF INVESTIGATION COCBI0000 CO BUREAU OF INVEST COLORADO CRIME INFO CTR STE 3000 690 KIPLING ST DENVER,CO 80215-8001 August 1, 2019 To Whom It May Concern: I am writing this letter of recommendation for Carol Parker receiving a liquor license from Weld County. I have known Carol for over 15 years and have found her to always be very responsible not only in her business activities but also her civic activities. Carol has always been very watchful of those she is serving at her restaurants and also those at dinners she has catered. Please feel free to telephone me if you have any questions or are in need of more information. Respectfully yours, Sue Mason Vice President Trinity Ladies Auxiliary 303-833-3506 IDEA TO PRODUCT REALIZATION August 2, 2019 To Whom It May Concern: 7097 COLORADO BLVD POST OFFICE BOX 237 FREDERICK, CO 80530 303.833.3223 303.833.3303 [fax] www.hwimfg.com i WI HALLECK - WILLARD, INC We have known Carol Parker for about 10 years. During this period she has demonstrated that she is a very honest, trustworthy and reliable person. Carol is dedicated, energetic and conscientious in whatever she does. She clearly demonstrated this in the management of her restaurant at Bella Rosa for 10 years. She is our friend and we have witnessed first hand her good judgement and proven work habits. She can be trusted. Sincerely, Mike and Savidi Halleck ONORATO GARAGE 7301sT St. Firestone, Co. 80520 303-833-9982 From: Tony E. Onorato Jr. To: Whom it may concern Date: 5 August 2019 Subject: Carol Parker I have known Carol Parker for the past 12 years. During that time she has proven time after time that she is a true friend. As manager of Bella Rosa Restaurant for 10 years she has consistently demonstrated that she is very devoted to her job and her customers. Carol has always put the personal touch to whatever she does whether It be her cooking or her decorating the restaurant. Sincerely: 0/ d! To E. O orato Jr Chloe Rempel From: Sent: To: Subject: Attachments: Carol Parker <carolvb40@gmail.com> Tuesday, August 27, 2019 8:40 PM Chloe Rempel Money for business Parker Wilts Mobile .pdf y Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. To show where I got the money to buy business 1 dotloop signature verification: THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS 1st REALTY ASSOCIATES, INC. kw KELLERWILLIAMS 1st Realty Associates CONTRACT FOR SALE MOBILE HOME (NO LAND) Date: Seller: Buyer: 08/23/2019 Carol Parker Jeffrey Wilts 1. Agreement. Buyer agrees to buy and Seller agrees to sell the Home described below on the terms and conditions set forth in this Contract for Sale ("Contract"). 2. Home. The "Home" is the following described mobile home or manufactured home: Address: 1210 MacJames Court, Dacono, CO Year: 1973 Size: 64x14 Make: HIL Serial Number: 0259497G The Home does not include the purchase of any real property. 3. Inclusions. The Purchase Price includes the following items, if belonging to the Seller and located on the Lot (as defined below): lighting, heating, plumbing, ventilating and air conditioning units, skirting, access (e.g.: ramp, deck, stairs, etc.), storm windows and doors, screens, awnings, bathroom and kitchen fixtures, window boxes, chandeliers, fireplace screens and equipment, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, kitchen appliances, humidifiers, non -free standing cabinets, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers (including 0 remote controls). If checked, the following are owned by the Seller and included: N None H Solar Panels H Water Softeners Ti Security Systems ri Satellite Systems (including satellite dishes). If any additional items are attached to the Lot after the date of this Contract, such additional items are also included in the Purchase Price. 4. Additional Inclusions. The following items are also included in the Purchase Price: all appliances as seen in the home on 8/22/2019. NOTE: This contract is inclusive of the land being Page 1 of 8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 1s` Realty Associates, Inc., without right of transfer. All rights reserved. dotloop signature verification: THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS is` REALTY ASSOCIATES, INC. transferred in the Colorado Contract to Buy/Sell Real Estate. Both land and mobile home are valued at $60,000 together, not individually. Neither mobile home or land shall transfer to buyer without the other 5. Exclusions. The following items are excluded from the Purchase Price: n/a 6. Dates and Deadlines. Event Date or Deadline Alternative Earnest Money Deadline 08/26/2019 UCC Deadline n/a UCC Objection Deadline n/a Seller's Property Disclosure Deadline complete Inspection Objection Deadline n/a Inspection Resolution Deadline n/a New Loan Application Deadline n/a New Loan Objection Deadline n/a Lease Deadline n/a Lease Objection Deadline n/a Lot Owner Approval Deadline n/a Closing Date 08/30/2019 Possession Date PCOA Possession Time PCOA 7. Purchase Price. The Purchase Price set forth below is payable in U.S. Dollars by Buyer as follows: Item Amount Amount Purchase Price $ 60000 Earnest Money $ 1000 New Loan $ Page 2 of 8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 1a Realty Associates, Inc., without right of transfer. All rights reserved. dotioop signature verification: THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS 1st REALTY ASSOCIATES, INC. Cash at Closing $ 59000 TOTAL $ 60000 $ 60000 8. Earnest Money. The Earnest Money set forth in this section, in the form of a personal check/good funds, will be payable to and held by Fideility National Title (Earnest Money Holder), in its trust account, on behalf of both Seller and Buyer. The Earnest Money deposit must be tendered, by Buyer, on or before the Alternative Earnest Money Deadline. The parties authorize delivery of the Earnest Money deposit to the company conducting the Closing (Closing Company), if any, at or before Closing. In the event Earnest Money Holder has agreed to have interest on Earnest Money deposits transferred to a fund established for the purpose of providing affordable housing to Colorado residents, Seller and Buyer acknowledge and agree that any interest accruing on the Earnest Money deposited with the Earnest Money Holder in this transaction will be transferred to such fund. 9. Financing (check the appropriate box): 9.1. ® Cash. If the box is checked, Buyer is paying the Purchase Price with cash and this Contract is NOT contingent on Buyer obtaining financing. 9.2. n New Loan. If the box is checked, Buyer is to pay all or a portion of the Purchase Price with a New Loan. Buyer agrees to apply for the New Loan, in good faith, on or before the New Loan Application Deadline. This Contract is contingent upon Buyer determining, in Buyer's sole subjective discretion, whether the New Loan is satisfactory to Buyer, including its availability, payments, interest rate, terms, conditions and cost. In the event the New Loan is not satisfactory, Buyer may terminate this Contract on or before the New Loan Objection Deadline. 10. Prorations. Seller will be credited by Buyer for any remaining fuel oil and/or propane and any prepaid monthly rental at Closing. 11. Certificate of Title and Bill of Sale. Seller represents and warrants that the Home together with the Inclusions, are free from any and all claims of creditors and are not encumbered by any security interest, or, if they are, that the security interest will be paid off or released against the Home and/or Inclusions on or before Closing. On or before UCC Deadline, the Seller, at Seller's expense, will furnish the Buyer with a judgment search and UCC searches from the Colorado Secretary of State and from the County Clerk of the county where the Home is located and also the County Clerk of the county where the Seller resides, (if different from the county of the Home location), all in the State of Colorado, indicating there are no liens encumbering the Home or the Inclusions. This Contract is contingent upon Buyer's approval of the UCC searches. If the UCC searches are not satisfactory to Buyer, in Buyer's sole subjective discretion, Buyer may terminate this Contract on or before the UCC Objection Deadline. Upon the Closing of this transaction, the Seller will furnish the Buyer with a Certificate of Title (if available) to the Home or other satisfactory evidence of title together with a Bill of Sale with Page 3 of 8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 1st Realty Associates, Inc., without right of transfer. All rights reserved. dotloop signature verification: THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS 1st REALTY ASSOCIATES, INC. affidavit, transferring title to the Home and Inclusions, free and clear from all liens and encumbrances except as is otherwise provided herein ("Title Documents"). 12. Sales Tax. Any sales tax owed on the purchase/sale of the Home or Inclusions will be promptly paid by n Buyer ® Seller n %2 by Buyer and 1/2 by Seller when due. 13. Lease. The Home is presently located on real property ("Lot") owned by another party ("Lot Owner"). Seller n does M does not have a written lease with the Lot Owner of the Lot ("Lease"). If Seller does have a Lease, Seller agrees to provide a copy of the Lease to Buyer on or before the Lease Deadline. This Contract is contingent upon Buyer's approval of the Lease. If the Lease is not satisfactory to Buyer, in Buyer's sole subjective discretion, Buyer may terminate this Contract on or before the Lease Objection Deadline. As of the date of this Contract, Seller represents that the current monthly Lot rent is $D12. At Closing, Seller will assign and Buyer will assume the Lease. Buyer will credit to Seller for any security deposit being held by the Lot Owner for the Lease. 14. Lot Owner Approval. This Contract is contingent upon the Lot Owner approving this Contract and approving the assignment of the Lease or giving Buyer a new lease for the Lot on or before the Lot Owner Approval Deadline. If neither the Buyer nor Seller receives written approval of this Contract, consent to assign the Lease or a new lease acceptable to Buyer from the Lot Owner on or before the Lot Owner Approval Deadline, this Contract automatically terminates. Any fee charged by the Lot Owner for such approval will be paid by n Buyer n Seller n 1/2 by Buyer and % by Seller. 15. Seller's Property Disclosure. On or before Seller's Property Disclosure Deadline, Seller agrees to disclose to Buyer any latent (hidden) defects actually known by Seller. Seller agrees that disclosure of latent defects will be in writing. Except as otherwise provided in this Contract, Buyer acknowledges that Seller is conveying the Home and Inclusions to Buyer in an "As Is" condition, "Where Is" and "With All Faults." 16. Inspection. On or before the Inspection Objection Deadline, Buyer has the right to inspect the Home, Lot and Inclusions. Seller agrees that all utilities will be turned on and be connected for Buyer's inspection. Buyer may, on or before the Inspection Objection Deadline: 16.1. Notice to Terminate. Notify Seller in writing that this Contract is terminated; or 16.2. Inspection Objection. Deliver to Seller a written description of any unsatisfactory inspection item that Buyer requires Seller to correct. 16.3. Inspection Resolution. If an Inspection Objection is received by Seller, on or before Inspection Objection Deadline, and if Buyer and Seller have not agreed in writing to a settlement thereof on or before Inspection Resolution Deadline, this Contract will automatically terminate on Inspection Resolution Deadline unless Seller receives Buyer's written withdrawal of the Inspection Objection before such termination, i.e., on or before expiration of Inspection Resolution Deadline. Page 4 of 8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 1st Realty Associates, Inc., without right of transfer. All rights reserved. dotloop signature verification: THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS 1st REALTY ASSOCIATES, INC. 17. Damage. Buyer, except as otherwise provided in this Contract or other written agreement between the parties, is responsible for payment for all inspections, tests, engineering reports, or other inspections performed at Buyer's request (Inspections) and must pay for any damage that occurs to the Home and Inclusions as a result of such Inspections or caused by Buyer. The provisions of this section survive the termination of this Contract. This paragraph does not apply to items performed pursuant to an Inspection Resolution. 18. Closing. The "Closing" will occur on the Closing Date at which time Buyer will deliver to Seller the Purchase Price and Seller will deliver to Buyer the Title Documents. The time and place for Closing will be set by Title Company. Both parties agree to reasonably cooperate with the Closing Company to complete the Closing to include signing any documents reasonably requested by the Closing Company. Any fee charged by Closing Company to close this transaction will be paid by n Buyer n Seller ® % by Buyer and 1/2 by Seller. 19. Possession. Possession of the Home and Inclusions will be delivered to Buyer on Possession Date at Possession Time. If Seller, after Closing, fails to deliver possession as specified, Seller will be subject to eviction and will be additionally liable to Buyer for payment of $200 per day from Possession Date and Possession Time until possession is delivered. 20. Maintenance. Seller will maintain all heating, plumbing and lighting fixtures, and all appliances and other electrical devices in the same condition as they exist as of the date of this Contract, reasonable wear and tear excepted. 21. Risk of Loss. Except as provided herein, risk of loss or destruction from any causes of loss is assumed by the Seller until Closing. In the event of any such destruction the Buyer will have the option of proceeding with the Closing, subject to an agreement on the reduction of the Purchase Price, or the Buyer may declare this Contract terminated. 22. Termination. In the event this Contract is "terminated" as provided in this Contract, all things of value will be returned and the parties relieved of all obligations hereunder. 23. Time of Essence. Time is of the essence for all dates and deadlines in this Contract. This means that all dates and deadlines are strict and absolute. If any payment due, including Earnest Money, is not paid, honored or tendered when due, or if any obligation is not performed timely as provided in this Contract or waived, the party failing to perform is in default. 24. Default and Remedies. In the event of a default, the parties have the following remedies: 24.1. Buyer Defaults. Seller may cancel this Contract. All Earnest Money (whether or not paid by Buyer) will be paid to Seller, and retained by Seller. It is agreed that the Earnest Money is LIQUIDATED DAMAGES, and not a penalty, which amount the parties agree is fair and reasonable and said payment of Earnest Money is SELLER'S ONLY Page 5of8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 1" Realty Associates, Inc., without right of transfer. All rights reserved. dotloop signature verification: THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS 1st REALTY ASSOCIATES, INC. REMEDY for Buyer's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. 24.2. Seller Defaults. Buyer may elect to treat this Contract as canceled, in which case all Earnest Money received hereunder will be returned and Buyer may recover such damages as may be proper. Alternatively, Buyer may elect to treat this Contract as being in full force and effect and Buyer has the right to specific performance or damages, or both. 25. Notice, Delivery. 25.1. Physical Delivery and Notice. Any document, or notice to Buyer or Seller must be in writing, except as provided below, and is effective when physically received by such party, any individual named in this Contract to receive documents or notices for such party, the Broker, or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party, not Broker or Brokerage Firm). 25.2. Electronic Notice. As an alternative to physical delivery, any notice, may be delivered in electronic form to Buyer or Seller, any individual named in this Contract to receive documents or notices for such party, the Broker or Brokerage Firm of Broker working with such party (except any notice or delivery after Closing must be received by the party; not Broker or Brokerage Firm) at the electronic address of the recipient by facsimile or email. 25.3. Electronic Delivery. Electronic Delivery of documents and notice may be delivered by: (1) email at the email address of the recipient, (2) a link or access to a website or server provided the recipient receives the information necessary to access the documents, or (3) facsimile at the Fax No. of the recipient. 26. Legal fees, Cost and Expenses. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation relating to this Contract, prior to or after Closing Date, the arbitrator or court must award to the prevailing party all reasonable costs and expenses, including attorney fees, legal fees and expenses. 27. Mediation. If a dispute arises relating to this Contract, (whether prior to or after Closing) and is not resolved, the parties must first proceed, in good faith, to mediation. Mediation is a process in which the parties meet with an impartial person who helps to resolve the dispute informally and confidentially. Mediators cannot impose binding decisions. Before any mediated settlement is binding, the parties to the dispute must agree to the settlement, in writing. The parties will jointly appoint an acceptable mediator and will share equally in the cost of such mediation. The obligation to mediate, unless otherwise agreed, will terminate if the entire dispute is not resolved within thirty days of the date written notice requesting mediation is delivered by one party to the other party. This section will not alter any date in this Contract, unless otherwise agreed. Page 6 of 8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 15' Realty Associates, Inc., without right of transfer. All rights reserved. dotloop signature verification:. THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS 1st REALTY ASSOCIATES, INC. 28. Earnest Money Dispute. The parties authorize the Earnest Money Holder to release the Earnest Money following receipt of written mutual instructions, signed by both Buyer and Seller. In the event of any dispute regarding the release of the Earnest Money, Earnest Money Holder is not required to release the Earnest Money. The parties authorize and instruct the Earnest Money Holder, to either: (1) wait for any proceeding between Buyer and Seller; (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction, (Earnest Money Holder is entitled to recover court costs and reasonable attorney and legal fees incurred with such action); or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holder's notice to the parties, Earnest Money Holder is authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder must disburse the Earnest Money pursuant to the Order of the Court. The parties reaffirm the obligation of Mediation. This paragraph survives cancellation or termination of this Contract. 29. Good Faith. Buyer and Seller acknowledge that each party has an obligation to act in good faith. 30. Choice of Law. This Contract and all disputes arising hereunder are governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in Colorado. 31. Entire Agreement: This Contract contains the entire agreement between the Seller and Buyer and nothing is binding on either of them which is not contained in this Contract. This Contract also binds any party who succeeds to the interest of the Seller or Buyer. SELLER: dotloop verified 08/24/194:33 PM MD APYB-KSNK-H6IT-RHIF Seller Address: Phone No.: Email Address: Date Seller's Broker Seller's Broker's Name: Phone No.: Email Address: Date Seller Date Fax No.: ❑ Seller's Agent ❑ Transaction -Broker Fax No.: Page 7 of 8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 1e Realty Associates, Inc., without right of transfer. All rights reserved. dotloop signature verification: THIS FORM HAS NOT BEEN APPROVED BY THE COLORADO REAL ESTATE COMMISSION. IT WAS PREPARED BY THE COX LAW FIRM, LLC AS LEGAL COUNSEL FOR KELLER WILLIAMS 1st REALTY ASSOCIATES, INC. Seller's Brokerage Firm's Name: Address: Phone No.: Email Address: BUYER: dotloop verified 0824/19216 PM MDT LEBM-WBJ5-75NE-QV49 Buyer Address: Phone No.: Email Address: Date Buyer's Broker Buyer's Broker's Name: Phone No.: Email Address: Buyer's Brokerage Firm's Name: Address: Phone No.: Email Address: Date Fax No.: Buyer Date Fax No.: Fi Buyer's Agent ® Transaction -Broker Fax No.: Fax No.: Page 8 of 8 ©2010-6/2016 by Damian L. Cox, Cox Law Firm, LLC (303-688-1550), for the exclusive use by Keller Williams 1st Realty Associates, Inc., without right of transfer. All rights reserved. APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Notices 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 August 30, 2019 ATTN: CAROL PARKER COL -BARB, LLC DBA MAGGI'S KITCHEN 7232 PRAIRIE CIRCLE FREDERICK, CO 80530 RE: HEARING TO CONSIDER REQUEST FOR A TEMPORARY PERMIT - TRANSFER HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE APPLICATION Dear Applicant: This is to advise you that the Weld County Board of Commissioners will hear your request for a Temporary Permit for the transfer of a liquor license at the property described as: 3815 State Highway 119, Longmont, Colorado 80504. The meeting is scheduled for Wednesday, September 4, 2019, 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, a. Chloe A. Rempel Deputy Clerk to the Board cc: Weld County Attorney's Office Chloe Rempel From: Sent: To: Subject: Attachments: Good afternoon, Chloe Rempel Friday, August 30, 2019 4:40 PM Carol Parker Notice of Hearing re: Temporary Permit for a Transfer Liquor License Application Notice of Hearing - Temporary Permit.pdf This is to advise you that the Weld County Board of Commissioners will hear your request for a Temporary Permit for the transfer of a liquor license at the property described as: 3815 State Highway 119, Longmont, Colorado 80504. The meeting is scheduled for Wednesday, September 4, 2019, at 9:00 a.m. Please see the attached letter for further information (hard -copy to follow). Sincere regards, Chloe A. Rempel Deputy Clerk to the Board 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 WELD COUNTY LIQUOR LICENSE CERTIFICATE OF MAILING FIRST NAME LAST NAME COMPANY ADDRESS 1 CITY STATE POSTAL CODE CAROL PARKER COL -BARB, LLC, DBA MAGGI'S KITCHEN 7232 PRAIRIE CIRCLE FREDERICK CO 80530 carolvb40@gmail.com I hereby certify that I have sent a notification of hearing date letter in accordance with the notification requirements of Weld County in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 30th day of August, 2019. Chloe A. Rempel Deputy Clerk to the Board APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Receipts 00 ct 0 0 L- 0 0o m 0 0 Ct 0 0 U 0 .> m 0 U o CD a) PO Box 758 PO Box 758 Greeley CO 80632 Cr) 0 cc 0 U a C) CD RECEIPT DATE ogl 9-71 S019 NO. 9 0 6 23 RECEIVED FROM M q miGh S K �+en ADDRESS ��l S �.�,y.��b; ahw� (\.Lon�tnantcori,o9 ant ThousQ.rza Fri Et tA. + coltoo $ I(O4400 FOR 3TCt'TE —T"rmnsF'c`f L ;Dboor L -;c ertcgc Ottel. Fit HOW PAID CASH CHECK hO6O cep MONEY ORDER 'ITIVE GRAY X Ma66i`Kitchen Carol J Parker 3815 Co -11q Lon6movnt, CR 80504 PAY 1OTHE ORDER OF. TBK BANK, SSB MEMBER FDIC FOR L19095791: 030 Hi- R LIcen�t BY, a+ s Li(N ned t a - '- 88-957/ 1119 2026 (ULSOPI\LLSL-J $ 105D ...- aSseaS, .Y•._ _ea Sir RECEIPT DATE Cols"7 aor9 RECEIVED FROM (Y)otfli S + X1 3gS4-otfe G� ADDRESS 'l �j �7� �'(•� Sn1 cey, If, nine 1 --ion Are ci Five vtN ',too FOR Thr�Lc Utica( HOW EXECUTIVE GRAY Ma661T Kitchen Caro! J Parker 3815 6o-1161 Lorvmort, CO 80504 OLLARS grY,47 . .•4.-,,,.,.,.»_.....W.....o. .... • •••• % • NIA.. .r No. 90624 Lat;C-€.3e1SL �pcoa'7 H t• R B@OtVotL, RA4tresi f n eks Unnmited t -800 -2`b -0s$8 hwuir a lec$MMu.Hrtn!ted corn PAY CCUTHE JCLC.,O ORDER OF \kak_kcIAAA0 TBK BANK, SSB MEMBER FDIC FOR 88-957/1119 SECURED BY) st, L L9095 ? Features Included. Qereds on Back. 2027 OLLARS u Security Features Included. ,Details cia Back NP APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Staff Referral Responses APPLICATION FOR A HOTEL AND RESTAURANT (COUNTY) LIQUOR LICENSE - COL -BARB, LLC, DBA MAGGI'S KITCHEN Miscellaneous Correspondence Chloe Rempel From: Sent: To: Carol Parker <carolvb40@gmail.com> Friday, August 30, 2019 7:50 AM Chloe Rempel Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I need you to change the EIN number on my liquor license I think I gave you the wrong number cause I don't want to switch over clover it didn't match my EIN is 81-1472717 1 SPR-364 Wine. COLORADO Ce Mar lbw Apphcanf. Legai 1)E'Scrrpfion. PL STAFF REPORT RETAINED IN TYLER. REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING_ SITE PLAN RE VIE W Adini►tistrative Review Sic P B;I Rcwe.v 354 Parcel NurnL-er ':{':i K.rn R -err), ;)oa',. f'ro; e.r',, C)-tinn: Parl SE4 rr` S.!C1 or' :i. 7uwrwl �. 1 I\Orl Rire„e '6 'v', r.51 ,if CIC.rrtp C❑ Ir;rttng Canrrrmr(::r C :1 Ex'sHng Ilse �r�•.ri L r,pr. f: ere•. nn s.'e Rasrri..ra't a rr+J 3.r ri c,a's i�+r irlt:r•; rif 'n it 4Ve:d County. 4�?Ue I S.ic Plan Certif.t::ilicn — r Inc.t..rtel ,ii AFtk;1 .dii, 11 ',H,". RraNnlion c ar'ilings rqa:-•r.nr! - - I - -ES -- f-r.ynee.ir; Ue;r'. 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Pr ,'•erty Marrten.r.,,re - s This _cite Plan Review is approved with the attached conditions. - The Site Plan Review Plat s!r;a'I :ae ;lrep;ired per Sector 23-2-1Cr0 W of the Weld Cou'tly Cc ie The app Icanf shall subrn I a paper copy o` fete plat to, prelrniirary aplrrovai 'r, rl e lr:reld Cctiilty Department or Planning Ser'viCEs Upon approv a Er ;IF payer Copy :rte Zppl rAri' '7al srrlsm:'. a My tar pia1 along wr'h all Other docr.filenlatior Ccn.a:lons of Appr'.a: T e r.i} tar plat Shall he reCordE d Cc..nt'y CIN•k ars:: R'corder :,y _ t.arim1rrlr of P:ar n:rg Services' Slafr w tits 30 days nr a;ip•c,..rl n ! i' ien; of e,Pven $' srr CC la s Per sheet {.Depar.'nant ❑f P'lrn nrJ SCrviEes 1 Prior to recording the Site Plan Review plat, the applicant shall) address the following to the Department of Planning Services' satisfaction The applicant shall submit written evidence to the Department of Planning Services, from the Colorado Department of Transportation demonstrating that all issues and requirements pertaining to ingress and egress access onto a State Highway have been resolved to the satisfaction of this referral agency (Department of Planning Services) B The applicant shall submit wntten evidence to the Department of Planning Services, from the Department of Building Inspection ;stating that the proper permits have been obtained for the two free standing signs on the property that were erected without building permits (Department I of Planning Services, Department of Building Inspections) C The applicant shall submit written evidence to the Department of Planning Services, from the Department of Building inspection stating that the proper and appropriate building final inspections and approval have been received for the 939 square foot addition to the apartment adjacent to the 'motel's office has been obtained (Department of Planning Services, Department of Building Inspections) SH 119 is classified as a Colorado State Highway The applicant should contact the Colorado Department of Transportation (COOT) regarding review of this proposed Site Plan Review adjacent to SH 119 CDOT approval will be required regarding existing access onto SH 119 The applicant should provide written proof to Public Works regarding coordination with CDOTI requirements access, rights -of -way, reservations, improvements, and future expansion (Department of Public Works) Section 23-3-250 A 8 addresses Sewage Disposal Uses located in Commercial Zone Distncts shall have adequate sewage disposal facilities The application materials state that St Vram Sanitation District (SVSD) provides sewer service to the motel facility, including Simons Bar SVSD stipulated' two requirements are to be addressed for continued service The applicant'' shall provide wntten evidence from Rob Fleck, District Engineer, to the Department of Planning Services, stating these conditions have been addressed and/ or met to the satisfaction of SVSD (St Vrain Sanitation District) I bola S►+At s The applicant shall attempt to address the requirements (concerns) of the Mountain View Fire Protection District, as stated in the referral response received September 8, 2003 Evidence of such shall be submitted in writing to the Weld County Department of Planning Services (Department of Plianning Services) G The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Building Inspection letter dated September 12, 2003 have been met (Department' of Planning Services) H The applicant shall submit a plan describing any proposed on -site signs Any proposed sign shall adhere to Sections 23-4-100 and 23-4-110 of the Weld County Code All proposed signs shall apply for and receive a building permit (Department of Planning Services) %Si s • 3 bH en "'at 1zr c, The applicant shall submit calculations for review by the Department of Public Works for the storm water retention basin, The letter will need to be stamped by a licensed engineer from the State of Colorado. (Department of Public Works) J. The applicant shall submit evidence to the Department of Planning Services that all conditions and requirements as indicated in the Department of Public Health and Environment letter dated August 27, 2003 have been met. (Department of Planning Services) 2. The plat shall be amended to delineate the following: A. Section 23-2-250.A.1 Stormwater Management, states "Ali users of land in Commercial Zone Districts shall provide and maintain stormwater retention facilities designed to retain the stormwater runoff in excess of historic flow from the undeveloped site. The stormwater retention facility on a developed site shall be designed for a one -hundred -year storm. The stormwater retention facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the undeveloped site." This shall be delineated on the Site Plan Review plat. (Department of Planning Services) B. Section 23-2-250.A.2 Parking, states 'Sufficient screened, off-street, paved parking areas shall be provided in the Commercial Zone Districts to meet the requirements of employees, company vehicles, visitors and customers of the Uses Allowed by Right and accessory uses." Appendix 23-A addresses the parking requirement for a facility of this type. The 71 room motel requires one (1) parking space per unit for a total of 71 parking spaces. The restaurant and bar area requires one space for six or a minimum of twenty (20) spaces. Finally, one parking space per employee, as stated in the application materials, there are 18 employees. Total parking for this facility is 109 spaces of which two parking spaces shall meet the Americans with Disability Act standards. This shall be delineated on the Site Plan Review plat, (Department of Planning Services) The requirements of the American Disability Act (ADA). ADA parking spaces are twenty (20) feet by eight (8) feet with five (5) foot aisles. A minimum of one space must be van accessible with an eight (8) foot aisle. An accessible path shall be required from the building to the public right-of-way (State Highway 119). Grading shall not be greater than 2% for the handicap stalls and access aisles. The two handicapped stalls must be shown on the plans, along with dimensioning. Further, the ramps from the parking area shall identify a landing area for non - ambulatory users of this facility. This shall be delineated on the Site Plan Review plat (Departments of Planning Services, Public Works) D. Parking for this site plan shall meet County standards as specified in Weld County Code 23.4.30.B and Appendix 23-A and Appendix 23-B. Parking stall standard dimensions are: stall width is 9 -feet, stall to curb is 19 -feet, and aisle width is 24 -feet. Ten percent (10%) of the parking spaces may be for small cars. Small car stall dimensions are: stall width is 8 -feet and stall to curb is 16 -feet. The applicant shall comply with these standards for his Site Plan Review. Include stall dimensioning and the number of classification stalls on the plans. Loading/service areas shall be paved, (Department of Planning Services) E. Article IV - Supplementary District Regulations. Division 1 — Off -Street Parking and Loading Requirements are discussed. The parking requirements shall adhere to Sections 23-4-20, 23-4-30, 23-4-40 (Appendix 23-B) and 23-4-50 of the Weld County Code. The applicant shall adhere to these standards for all on - site parking. This shall be delineated on the Site Plan Review plat, (Department of Planning Services) F. All parking spaces for the employees and clients of this facility shall adhere to the dimensions of Section 23-4.30.0, and Appendix 23-A of the Weld County Code. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) The applicant shall delineate the location of ail curb stops in the parking areas per Section 23-4-30.D of the Weld County Code. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) Section 23-3-250.A.3 addresses Street Access Lots in commercial zone districts shall have safe access to an approved public or private street. The design designation of any street or highway as to type shall be in conformance with that shown on the County Thoroughfare Plan and/or the Master Plan of the affected municipality. This facility accesses directly onto State Highway 119. The application materials did not include evidence of an access permit from the Colorado Department of Transportation, (CDOT). The Colorado Department of Transportation (CDvT) has ,,,,isdictian over all ro to state Highways. y , Please contact CDOT to verify the access permit or for any additional requirements that may be needed to obtain or upgrade an access permit to this facility. Further, the applicant shall provide to the Weld County Department of Planning Services a copy of the access permit issued by the Colorado Department of Transportation (CDOT) which grants access to State Highway 119, or written evidence that the applicant has complied with the requirements of the Colorado Department of Transportation (CDOT), The right-of-way for State Highway 119 shall be delineated right-of-way on the plat. The applicant shall contact CDOT to verify the future right-of-way dimension at this location, This shall be delineated on the Site Play. ReviewL plat. (Department of Planning Services) fr-y tUlpI ipo t`+ '154.. The applicant has provided a facsimile of a letter dated July S, 2003 from Tim Mercer, owner of the Longmont Waffle House, the adjacent property to the west of this facility stating that Mr. Mercer does not have any conflicts with allowing the Longmont Travel Lodge customers to utilize the access associated with this property. The applicant shall submit an easement certificate recorded in the Weld County Clerk and Recorders office signed by all parties associated with this agreement. At a minimum, the easement shall include language outlined in Appendix 24-F.2. Further a legal description shall be included in this document specifically addressing the location and type of easement. (Department of Planning Services) J. Section 23-3-250. A.6 addresses Trash receptacles. Areas used for trash collection shall be screened from public rights -of -way and all adjacent properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. The application materials delineated a "dumpster" of unknown dimension in the northeast corner of the property adjacent to the rear property line, This trash receptacle shall be screened from all rights -of -way and adjacent properties with an opaque material. Access to the enclosure shall be gated at all times. This shall be delineated on the Site Plan Review plat. (Department of Planning Services) Section 23-3.250.A.9 addresses Outside Storage, Uses in Commercial Zone Districts involving outdoor storage of vehicles, equipment or materials when permitted shall be screened from public rights -of -way and all adjacent properties. The application materials do not address storage of any materials on site. In the future, should there be any outside storage, the area is to be screened with an opaque material on all sides, (Department of Planning Services) Section 23-3-250.B addresses Operation Standards. Uses in Commercial Zone Districts shall demonstrate conformance with the following operation standards to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation of the Uses permitted shall conform to these standards. f. Noise, Uses and structures in Commercial Zone Districts shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101 C.R.S, 2. Air Quality. Uses in the Commercial Zone Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. 3. Water Quality. Uses in the Commercial Zone Districts shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission, 4. Radiation and Radioactive Materials, The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. 5. Heat. Uses located within Commercial Zone Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the lot line more than five (5) degrees Fahrenheit. 6. Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets, and no colored lights may be used which may be confused with or construed as traffic control devices, (Department of Planning Services) 3. Section 26.2-50 addresses maximum lot coverage. All land use applications in the MUD area shall adhere to the regulations governing the maximum percentage of lot coverage. The maximum lot coverage is defined as 85% for the commercial zone district. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers it is covered by decorative gravels or wood chips, er if it is otherwise suitably landscaped. 4. Section 26-2-70 addresses the Landscape regulations. Section 26-2-70,B addresses the landscape criteria for all property and development within the MUD area. Section 26-2-70.8.1 states landscapes shall utilize the following principles: (a) well -planned and approved planting schemes; (b) appropriate selection of drought -tolerant turf species to minimize water needs and the use of water -hungry species of turf; (c) mulch to reduce evaporation; (d) zone plant groupings according to their microtrlimatic needs and water requirements; (e) improvement of the soil with organic if needed; (f) efficient - _ �-i .. r.....,. organic matter „4cv cu, cu wicn� irrigation design; and (g) proper maintenance and irrigation scheduling. Sections 26-2- 70.8.2 through Section 26-2-70.B.7 specifically address the criteria to be utilized in the preparation of the Landscape plan. A. Section 26-2-70.C addresses the landscape requirements for parking lots. The following criteria shall be met far this application: 1. A minimum of ten percent (10%) of the area of a parking lot must be landscaped if the lot contains ten (10) or more spaces. The requirement may be counted toward the maximum lot coverage requirement of each zone district. At least seventy-five percent (75%) of the required landscape area shall include living plant material, 2. Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as to not create snow traps, with allowances made for placement of the sidewalk. Grading of berms shall not be lumpy or abrupt. See Appendix 26-H to this Chapter. 3. Landscaping techniques shall be used !n alieviate the harsh visual appearance that accompanies parking to. See Appendix 26-1 to this Chapter. At least seventy-five percent (75°.,) of the length of the frontage of the parking lot must be effectively screened. 4. A minimum of Five percent (5%) of the parking area shall be landscaped exclusive of setback areas. Trees planted in parking areas should be either in bays or planting islands of at least five (5) feet by five (5) feet. Trees should be distributed throughout the parking area, however, they shall be placed so that they do not obstruct visibility for cars and pedestrians. See Appendix 26-J of the Weld County Code. 5. Loading, service or storage areas must be screened with an opaque screen that is an integral part of the building architecture. Chain link fencing with slats or pallets are not an acceptable screening material, Plant material shall be used to soften the appearance of the screen. 0. Section 26-2-70.0 addresses landscape requirements along roadway corridors, with Section 26-2-70.D.2 addressing the design criteria. 1. Plantings along road rights -of -way shall be integrated with the rest of the site, 2. That portion of a lot in any zone district which abuts a public or private road right-of-way shall be landscaped with a minimum two-and-one-half- nch caliper shade tree or six-foot minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the lot line towards the interior of the lot, for every forty (40) linear feet of street frontage. Trees may be grouped with a maximum distance of one hundred (100) feet between trees or groupings, with exceptions made at entrance drives. 3. A minimum landscape setback along State Highway 119 shall be fifty (50) feet measured from the existing or planned future right-of-way. 4. Along State Highway 119, tree planting distances shall be clustered or grouped from the roadway to avoid a straight line of trees. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds (two [2] or more rows of plant material rather than a single row). A mix of coniferous and deciduous trees and shrubs shall be planted in clusters or groupings. 5. Applicants adjacent to State Highway 119 shall construct a berm along State Highway 119 with maximum 5:1 side slopes to a height sufficient to screen ground plane development (parking lots, storage areas or other similar site elements) as far as one hundred eighty (1$U) feet from the right-of-way line (fifty [50] feet of landscape setback plus one hundred thirty [130] feet of site development). The maximum height berm required `hall be Six (5) feet above the existing elevation in the ioeation of the berm. If needed, additional height beyond that which can be achieved with a six -foot -high berm shall be achieved through dense landscape plantings. Plantings on top of berms shall be designed so as to not create snow traps. A berm may not be required if the subject property is elevated above the roadway and if can be demonstrated that views into the site will not be possible for a distance of one hundred eighty (180) feet. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. 6 There shall be a minimum twenty -foot -wide landscape setback measured from the existing or planned future right -at -way to any parking lot, fencing, storage area or structure. Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards contained within this Chapter and any other more restrictive requirements contained in Chapters 23 and 24 of this Code. 5 The Landscape Plan, shall at a minimum, delineate: A. The applicant shall include in the Landscape Plan in accordance with Section 23- 3-250.A.5, delineating the following information: B. The installation schi Jule that specifies when the landscaping will be installed on site. (Department of Planning Services) C. A Plant Material List specifying the Botanical and Common names of all plant material to be installed, the size of the plant material at installation and whether the plant material is to be containerized or B&B. (Department of Planning Services) D. A landscape maintisnance schedule which specifically states who will perform maintenance and that maintenance is on -going and shall not end upon final acceptance by the Department of Planning Services. (Department of Planning Services) E. The size, type and color of the gravel mulch shall be noted. (Department of Planning Services) F. The size of the metal edging, if applicable, shall be noted. (Department of Planning Services) G The method of nativrs grass planting shall be called out as drilled or broadcast and applied at a rate of how many pounds per acre, and/or pounds per square foot. (Department of Planning Services) H. Section 26-2.90 addresses the Sign regulations, with Section 26-2-90.B defining the sign district regulations. 1, No sign shall be structurally erected, enlarged, constructed, reconstructed. relocated, refaced or otherwise altered in the MUD area without first obtaining a building permit from the Department of Planning Services. 2. No sign shall be erected at or near the intersection of any road or driveway in such a manner as to obstruct free and clear vision of motorists or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of the sight distance triangle. 3. No sign other than traffic control signs shall he erected, constructed or maintained within, over or upon the right-of-way of any road or highway within the MUD area. 4. All signs and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. 5. Section 26-2-90.D.2 addresses attached signs: size, height and design limitations. A. Awning signs shall not be larger than twenty-five (25) square feet nor ten percent (10%) of the awning surface area, whichever is smaller. B. Marquee, canopy, overhead canopy, under -canopy, projecting or wall signs: 1. Minimum height requirements: These signs shall be mounted at least fourteen (14) feet above any driveway and at least nine (9) feet above any walkway over which they are erected. 2. Maximum height requirements. The top line of these signs shall not be higher than the top of the wail, roof eaves or parapet line of the building to which it is attached, C. Section 26-2-90.0.3 addresses detached signs: size, height and design limitations. 1. Detached signs shall not be located in the visual sight triangle. 2. Off -site detached signs shall have a minimum setback of twenty-five (25) feet and a minimum offset of ten (10) feet from the road right-of-way. 3. On -site identification signs shall have a minimum setback of fifteen (15) feet and a minimum offset of ten (10) feet from the road right-of-way. 4. Detached signs shall have surrounding landscaping which extends a minimum of three (3) feet from all sides of the sign base. 5. The total height of any monument or pole sign shall not exceed twenty-five (25) feet above the adjoining ground elevation. 6. Monument signs shall have an enclosed, solid base or structural base with the base at least three -fourths (3/4) the width of the widest part of the sign face. An enclosed or solid sign base shall not be required if the lower edge of the sign face is not higher than one (1) foot above the finished grade. Monument signs shall be on -premises signs, the sign area shall not exceed twenty-five (25) square feet, and the sign shall not exceed five (5) feet in height above the average adjacent grade, if located fifteen (15) feet from the street right-of-way. For each additional two (2) feet of setback from the street right-of-way, one (1) additional foot may be added to the height of the sign to a maximum of eight (8) feet. D. Section 25-2-90.D.4 addresses Development Complex Signs: Definition, Size and Design Limitations, 1. A development complex sign is a detached sign on the premises of the development which primarily identifies or directs attention to the name, symbol or location of the development complex. 2. A development complex is a group of freestanding buildings or buildings constructed in such a way as to give an appearance of being interrelated due to architectural similarity, interconnected drives, parking areas and/or platting of the development. A development complex includes uses which provide a combined sense of place such as office or business parks, shopping centers, industrial parks, apartment complexes and hotels. 3. The minimum spacing between signs shall be six hundred (600) feet. E. Section 23-4-100 addresses signs in the commercial and industrial zone districts. This facility is permitted to have 2 signs per Lot, with each sign face area being 150 square feet or less. All other standards shall comply with Section 26-2-90.D.3 1. Signs attached flush against a supporting wall, but not above the roof line, there are no limitations on a sign solely used for identification purposes. However, Section 23-4-100.D.2 states one nameplate, per public entrance, per business, of not more than two (2) square feet per face which is suspended under a canopy. Subsection D,3 states, the sum of all commercial building identification signs on a given building shall not exceed eight (8) percent of that wall. This facility has numerous signs located on site, including a temporary banner sign that is to be removed within ten (10) days after the event has occurred, The applicant shall provide evidence of compliance with the sign code as addressed herein, Further, the applicant shall bring into compliance the two on -site signs as addressed in a referral received from the Department of Building Inspection dated September 12, 2003. Written evidence of compliance with the requirements of the Department of Building Inspection referral shall be submitted to the Department of Planning Services. 6. The following notes shall be placed on the plat: 1. In accordance with the Weld County Code, no land, building or structure shall be changed in use or type of occupancy, developed, erected, constructed, reconstructed, moved or structurally altered or operated in the Commercial Zone District until a Site Plan Review has been approved by the Department of Planning Services. (Department of Planning Services) 2. The application does not propose any portion of the site to be leased to another party. In the event that a portion of the building is proposed to be leased to another party in the future, the applicant shall submit a copy of the lease agreement and information regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld County Building Inspection Department, Mountain View Fire Protection District and the Department of Planning Services for review. Based upon the proposed use andlor impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Department of Planning Services) 3. There shall be no parking or staging of trucks allowed State Highway 119. (Department of Planning Services) 4. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100, C.R.S., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 5. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid wastes Disposal Sites and Facilities Act, 30-20.100.5,C.R.S., as amended. (Department of Public Health and Environment) 6. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance rnnriitinnc (nanortmant of PiiihIilc Health and Environment) rw, 7. The facility shall adhere to the maximum permissible noise levels allowed in the Commercial Zone District, as delineated in 25-12-103, Colorado Revised Statutes, as amended, (Department of Public Health and Environment) B. Fugitive dust shall be controlled on this site. (Department of Public Health and Environment) 9. The facility shalt utilize the St. Vrain Sanitation District for sewage treatment and disposal. (Department of Public Health and Environment) 10. The facility shall obtain water service from the Left Hand Water District. (Department of Public Health and Environment) 11, The facility shall comply with the Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishments. (Department of Public Health and Environment) 12. The facility shall contact a commercial waste hauler to remove and dispose waste products. (Department of Public Health and Environment) 13. Landscaping materials as indicated in the approved landscape plan shall be maintained at all times. Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the earliest possible time. (Department of Planning Services) 14, Ail structures, including signs, on site must obtain the appropriate building permits. (Department of Planning Services) 15. Effective January 1, 2003, Building Permits will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 16. The applicant the adhere to the lighting requirements for off-street parking spaces per Section 23-4-30.E of the Weld County Code. (Department of Planning Services) 17. The applicant shall adhere to the lighting standards, in accordance with Secton 23-2-250 and Section 23-3-250.9.6 of the Weld County Code. (Department of Planning Services) 18. Property Maintenance. Property located within Commercial Zone Districts shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the properly owners allow the growth of noxious weeds. (Weld County Codification Ordinance 2000-1) {Department of Planning Services) 6. Prior to Recording the Plat: A. The applicant shall enter into an Improvements Agreement according to policy regarding collateral for improvements and post adequate collateral for parking and landscaping requirements. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the plat. (Department of Planning Services) 7. Prior to the release of building permits: A. A Final Site Plan and building construction plans must be submitted to the Mountain View Fire Protection District for review and approval. The applicant shall submit written evidence of approval to the Department of Building Inspection. (Mountain View Fire Protection District) B. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared per Section 23.2-260.D of the Weld County Code and submitted to the Department of Planning Services to be recorded. (Department of Planning Services) C. The applicant shall submit two complete sets of blueprints to the Weld County Department of Building Inspection. (Building Department) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) D. E. The applicant shall receive approval from the Department of Planning Services for a Geologic Hazard Permit, Permit Number GHDP-2O. Al! requirements as outlined in the GHDP letter shall be addressed to the satisfaction of the Department of Planning Services, (Department of Planning Services) B. Prior to operation A. The facility shall provide evidence to the Department of Planning Services that the restaurant is appropriately licensed and meets all requirements of the Colorado Retail Food Establishment Rules and Regulations. Please review the enclosed materials and then call to schedule an appointment so that I may reserve a sufficient amount of time with you. The purpose of the meeting will be to familiarize you with the requirements identified in the referrals associated with this letter and the procedure for completing the Site Plan Review plat that shall be submitted for recording within 30 days of the date of this letter. In this instance, November 7, 2003 unless other arrangements have been approved by this office, Site Plan Review conditionally approved by: Date: Planner October 3, 2003 M.M0u. OMM MA. MUM I RI 1 SITE PLAN REVIEW 364 TRAVELODGE OF LONGMONT LLLLL ucam.a.soaMiw=.E.. --t zuuJUY cu L./C/N/rr, Msr' III I BREP.M AEVLEwMOMS: Hello