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HomeMy WebLinkAbout760197.tiff FINDINGS AND RESOLUTIONS CONCERNING RETAIL 3. 2 PERCENT FERMENTED MALT BEVERAGE LICENSE, OFF PREMISES ONLY, OF JOHN M. SNOW The application of John M. Snow of 4415 South Eagle Circle, Denver, Colorado, 80203 , for a retail 3. 2 percent fermented malt beverage license, off premises only, came on for hearing on October 13, 1976, and the Board of County Commissioners of the County of Weld having heard the testimony and evidence adduced upon said hearing and having considered the testimony and evidence filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant, John M. Snow, is the lease holder of the said premises sought to be licensed within the meaning of the statutes . 2 . That no question was raised nor objection offered as to the applicant concerning the standing, character or motives of said applicant. 3. The applicant has proven a prima facie case as to the reasonable requirements of the neighborhood. 4. The desires and needs of the inhabitants of the immediate neighborhood, as well as the needs of the traveling public and transients are not fulfilled, inasmuch as there presently is no other retail 3. 2 percent fermented malt beverage license for off the premises sale only, in the area designated as the neighborhood. RESOLUTION WHEREAS, the Board of County Commissioners of the County of Weld, has heard the application of John M. Snow of 4415 South Eagle Circle, Denver, Colorado, 80203, for a retail 3.2 percent fermented malt beverage license for off the premises sale only, at a location described as follows: All that part of the SE4 of Section 31, Township 1 North, Range 66 West of the 6th P.M. , Weld County, Colorado, described as follows: Beginning at the Southeasterly corner of that part of the SEa of said Section 31 lying West of the right of way of the Union Pacific Railway Company; Thence West along the South line of said SEa of Section 31, 184 feet; Thence North 256. 3 feet to a point, thence East to a point on the West side of said right of way; Thence Southwesterly along the West line of said right of way 264 feet, more or less to the point of beginning. WHEREAS, the said Board has made its findings on the evidence and testimony submitted to it, which findings precede this Resolution, and by reference are incorporated herein and made a part hereof, and WHEREAS, the said Board has carefully considered the appli- cation, evidence, and testimony, and given the same such weight as it, in its discretion deemed proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED, that the application of John M. Snow, 4415 South Eagle Circle, Denver, Colorado, 80203 , for a retail 3. 2 percent fermented malt beverage license for off the premises sale only, at the location in Weld County, Colorado, as hereinabove described, be and it hereby is granted and the license applied for shall be granted to said applicant for said premises. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on this 18th day of October , A.D. , 1976 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 1/41 ATTEST: �N i ti E � : Z , v✓ ✓�Gs� i 0 Weld County Clerk and Recorder l /l �` �� � and• Clerk to the Board, C : Y ,Y, r / • B y/n Y d v4 �^ ; ( (�f� i Deputy County Clerk / 5;114/-Y APPROV b AS C unty Attorney No.982 BUSINESS LEASE.—Bra Publishing Co., 1524-46 Stool. Street, Denver. Colorado 76 \s THIS INDENTURE, Made this 25TH .day of AUGUST , 19..7.6-.., between \\ BRUCE D. REED...AND...A.....BETH....REED the lessor.S....and JOHN M. SNOW...AND..-.CATHY....SNOW the lessee.S....; WITNESSETH, That, in consideration of the payment of the rent and the keeping and performance of the covenants and agreements by the said lessees hereinafter set forth, the said lessor...g hereby leases unto the said lessee S the following described premises, situate in the County of WELD in the State of Colorado, to wit• S.E...1./_4...OF SECTION-..31,...TOWNSHIP...1 NOTTH, RANGE 66 WEST OF THE 6TH P.M. TO HAVE AND TO HOLD the same with all the appurtenances unto the said lessee S from twelve o'clock noon of the 25TH day of AUGUST , 19..76.., until twelve o'clock noon of the 24TH day of AUGUST , 19 79 at and for a rental, for the full term aforesaid of EIGHTEEN...THOUSAND...AND._N.Q...ONE-.HUNDRETHS-------* -1++a+..+a,..m...dollars, payable in monthly installments of FIVE HUNDRED AND NQ ONE-HUNDRETHS-.-.-.. ..-.dollars per month, PLUS-.._INSURANCE...AND._.REAL.ESTATE...TAXES....P-RORATED...TO--THE...DATE OFTHIS LEASE. LEASEE HAS-...2....Q.I:IE...YEAR...-OPTIONS...AT.-.THE--.END-..OF....THIS...LEASE..-- WITH THE SAME CONDITION$ APPLICABLE..' in advance, on or before twelve o'clock noon, on the . 1ST day of each calendar month during said term at the office of REED OIL COMPANY 500 N. MAIN S.T. B.RIGHTONbiorado, without notice, And the said lessee—S---in consideration of the leasing of said premises as aforesaid. covenanS and agree--S.--as follows, to wit: To pay the rent for said premises as hereinabove provided: to keep the improvements upon said premises, including all sewer connections, plumbing, wiring, and glass, in good repair at the expense of said lessee 5 and at the expiration of this Lease to surrender and deliver up said premises in as good order and condition as when the same were entered upon, loss by fire, inevitable accident or ordinary wear excepted; to sublet no part of said premises, nor assign this Lease or any interest herein, without the written consent of the lessor_$___firat being obtained;to use said remises for no purpose prohibited by the laws of the United States,or the State of Colorado, or the ordinances of the said City or Town of__.B�LGHTON and for no improper or questionable purpose whatsoever; to keep the sidewalks in front of and around said premises free from ice and snow, and said sidewalks and premises free from all litter, dirt, debris and obstructions; to keep said Drem4 �.1q}y n the sanitary condition required by the ordinances and the health and police regulations of the said City or Town of__DISISaI1 ; to neither permit nor suffer any disorderly conduct, noise or nuisance whatever about said premises having a tendency to annoy or disturb any persons occupying adjacent premises; to neither hold nor attempt to hold the lessor_Q____Iiable for any injury or damage, either proximate or remote, occurring through or caused by any repairs, alterations, injury or accident to adjacent premises or other parts of the above premises not herein demised, or by reason of the negligence or default of the owners or occupants thereof or any other person, nor liable for any injury or damage occasioned by defective electric wiring,or the breaking or stoppage of plumbing or sewerage upon said premises or upon adjacent premises, whether said break- ing or stoppage results front freezing or otherwise; to neither permit nor suffer said premises, or the walls or floors thereof, to be endangered by overloading, nor said premises to be used for any purpose which would render the insurance thereon void or the insurance risk more hazardous, nor make any alterations or change in, upon, or about said premises without first obtaining written consent therefor; to permit the lessg,r a to place a "For Rent" card upon said premisjess aatt�yaaany time after thirty days before the end of this Lease; to allow said IepsorcomOtQy c��{yna eXt of jye dd o ttERY s Rion and go through and view said premises; to occupy the same as AA It iiss/latg��r//eeedGGthallt�,all.•l assessments J {�forr water rents that may be levied against said premises during the continuance of this Lease shall be paid by the said leasep and that all charges for beating and lighting the said premises shall be paid by the said lessee_ as the same become due and payable and that in case said premises shall become untenantable on account of damage by fire, flood or act of God, this Lease may be thereupon terminated by the said lessee a It is further agreed that no assent• expressed or implied, to any breach of any one or more of the covenants or agreements hereof shall be deemed or taken to be a waiver of any succeeding or other breach. It is mutually agreed that if after the expiration of this Lease, the lessee ' shall remain in possession of said premises, and continue to pay rent without written agreement as to such possession, then such lessee b shall be regarded as a tenant from month to �imonth at a monthly rental, payable in advance, equivalent to the last monthly installment hereunder, and subject to all the terms and provisions of this Lease. It is further mutually agreed that in case said premises are left vacant and any part of the rent therein reserved be unpaid, then the lessor_$__may, without in anywise being obliged so to do, and without terminating this Lease, retake possession of said premises, and rent the some for such rent and upon such conditions as the lessor-S---may think best, making such changes and repaairrrs as may be required, giving credit for the amount of rent so received less all expenses of such changes and repairs, and said lessee_.tQ__shall be liable for the balance of the rent herein reserved until the expiration of the term of this Lease. IT IS EXPRESSLY UNDERSTOOD AND AGREED By and between the parties aforesaid, that if the rent above reserved, or any part thereof,�hall be in arrears, or if default shall be made in ans of the covenants or agreements herein contained, to be kept by the I said lessee it shall and may be lawful for the said lessor_____to declare said tern ended, and enter into the said premises. r any part thereof, either with or without process of law, to re-enter, and the said lessee or any person or persons occupying the same, to expel, remove, and put out, using such force as may be necessary in so doing, without being liable to prosecution or in damages therefor, and the said premises again to repossess and enjoy, as in the first and former estate of the said lessor And if at any time said term shall be ended as aforesaid or in any other way, the said lessee_S___hereby covenant__S___and agrees'. to gp ren der and deliver up said premises peaceably to said lessor-_S_, immediately upop, the termination of said term, and if the lesse ._..shall remain in possession of the same after the termination thereof, said lessee D shall be deemed guilty of a forcible detainer of said premises under the statute• hereby waiving all notice, and shall be subject to eviction and removal, forcibly or otherwise, with or without process of law•as above stated. And it is further expressly understood and agreed that all the covenants and agreements in this Lease contained shall extend to and be binding upon, the heirs, executors, legal representatives and assigns of the respective parties hereto. This Lease is made by and between the parties hereto with the express understanding and agreement that, in the event the lessee becomes insolvent, or is declared bankrupt, then, in either event, the lessor may declare this Lease ended, and all rights to lessee hereunder shall thereupon terminate and cease. • LEASEE AGREES TO PURCHASE__ALL_GASOLINE__PRODUCTS_FROM__REED_QIL_CO, LEASEE AGREES THAT__REED__OIL__C-0...__WILL__SET__PUMP_PRLCE__MAINTAINING--A MAXIMUM MARGIN__OF__3C_-_PER__GALLONL.____T ESS__THAN__THAT-_WILL--BE--NEGDTIABLE. IN WITNESS WHEREOF. the parties hereto have hereunto set their La ds and seals the sl y and year first above written. w lA BRUCE D. REED LEASOR i ISEALI r` /-�..,c- 1/-,r /'�� !..._eC L.. S ^"j j-14"-4' ISRALI Hello