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Home My WebLink About20181276.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/ WORK SESSION REQUEST RE: Application for a Colorado Liquor Sales Room DEPARTMENT: Clerk to the Board PERSON REQUESTING: Chloe A. Rempel DATE: April 17, 2018 Brief description of the problem/issue: Colorado Liquor Sales Rooms are licensed by the Colorado Department of Revenue, but the State allows the local licensing authority to submit comments and/or concerns. A "Sales Room" is defined as an area in which a licensed winery, limited winery, distillery, or beer wholesaler, sells and serves alcohol beverages for consumption on the licensed premises, sells alcohol beverages in sealed containers for consumption off the licensed premises, or both. Haykin Family Cidery, LLC, is currently licensed as a Limited Winery with a Wine Delivery Permit, in Aurora, Colorado. A permanent sales room would allow them to have an area to sell and serve both on and off premises at the proposed location at 42135 CR 43, Ault, CO 80610. The application asks the following: 1. Issuance of this permit would impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances. 2. If granted this permit would result in violations of the Colorado liquor code or the laws of the local government. (specify) 3. Issuance of this permit would violate local zoning laws. 4. If the local licensing authority objects, or does not object to the application for a Colorado Liquor Sales Room. What options exist for the Board? (include consequences, impacts, costs, etc. of options) After review, Staff has recommended the Board select "object" on the application because a Liquor Sales Room at the suggested location would result in Zoning and Building Code violations. The Department of Planning Services requires the applicant to apply for a Use by Special Review Permit, and the pre -application materials have been provided to the applicant. The Building Inspections Department noted that the existing structures on the property are permitted for agricultural uses only, and any other use will constitute a building code violation under Chapter 29 of the Weld County Code. Recommendation: Because Colorado Liquor Sales Rooms are not licensed by the local licensing authority, Staff recommends the Board instruct the Clerk to the Board's Office to place this item on the Consent Agenda, with the recommendation to select "object" on the application. Approve Recommendation Sean P. Conway Julie A. Cozad Mike Freeman Barbara Kirkmeyer, Pro -Tern Steve Moreno, Chair Schedule Work Session Other/Comments: Cr ))L c"y frec O1'19¢.n + (:).-cyan oti/a3/ l8' cc:CcaCPH) 00 I a.PPL'3 4.e,e 0tiie3fr43" 2.0'18-1276 LCr00 DR 8057 (03124/17) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division - 1C8 PO Box 173350 Denver, CO 80217-3350 Fax (303) 205-2341 Phone (303) 205-2300 Application for Colorado Liquor Sales Room Regulation 47-428, 1 C.C.R. 203-2 Temporary X Permanent Malt Liquor X Limited Winery Winery Distillery (3 days or less) 1. Name of Applicant exactly as it appears on your current Colorado Haykin Liquor License. Family Cidery LLC 2. Trade Name of Applicant Haykin Family Cider 3. State Sales Tax No. 30766549 Applicant Liquor License No. 4708089 4. Business Address of 12001 Applicant (Number E. 33rd and Street) Ave., Unit D City Aurora State CO ZIP 80010 5. Mailing Address (Number and Street) 7720 E. Cedar Ave. City Denver State CO ZIP 80230 6. Phone Number 303-641-2561 7. Email Address taiia@haykinfamilycider.com 8. Sales Room 42135 Location Weld (Full Co. Address) Rd. ) 43, Ault, CO 80610 9. Dates of Events: From Date: Time: AM PM To Date: Time: AM PM 10. Rights to Premises Granted by: (attach a copy of the Premises Masonville Use Authorization Orchards letter or lease if not previously submitted) 11. Renting/Leasing `)/0 Basis 12. If Yes, List % and Interested Party. Use Additional Sheet if Necessary. (I Yes O No 13. Alcohol will be sold (check all that apply) X For on -premises consumpt on (if selected, please file this application with the Local Licensing Authority and the State Licensing Authority) X For off -premises consumption 14. The Sales Room Applicant affirms they have complied with local zoning restrictions? r Yes No 15. Additional Required Documents X Attach an outlined diagram of proposed premises X Attach a copy of the premises control plan describing how the premises will be controlled to ensure compliance with liquor code and rules. It must include restricting sales to minors and visibly intoxicated persons and insuring that customers cannot leave the premises with an open container of alcohol. ,X Attach a copy of any contracts and/or operating agreements pertaining to the sales room. Local Licensing Authority Name Weld County Date Application Copy Submitted 04/11/18 to Local Licensing Authority to Oath the provisions of Applicant: best of of the my knowledge. Colorado I declare Liquor) under I also penalty acknowledge Beer,Code of perjury and that Liquor in the it is my Rules second responsibility which degree affects that and this the mypermit. application responsibility and all of my attachments are true, correct, and agents and employees to comply complete with the Applicant Signature K.� Title Owner Date 4/11/18 This application for If a Sales any of these 1 Room will conditions be Notice granted apply to to please the Local above contact Licensing name the applicant State Authority Licensing unless any Authority of the immediately. below listed conditions apply. Issuance of this permit would impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances. 1 If granted this permit would result in violations of the Colorado liquor code or the laws of the local government. (specify) X) Issuance of this permit would violate local zoning laws. (Zoning & Building Code Violations) For events lasting three consecutive days or less, the Local Licensing Authority has ten (10) business days to submit its determination to the State Licensing Authority. For events lasting four or more cors?cuttve da 0.10.4... ' t .1it,e Authority has forty-five (45) days to submit its determination to the State Licensing Authority. N. Local Licensing Authorities can send the app • al '_ - 1 .. S. -ma OA•1 led@state.co.us If the Local Licensing Authority does not su• let : i•,;4 4):,:. on within the time specified, the State Licensing Authority shall neighborhood g deem that the concerns Local in Licensing Authorit a manner that is as i %'n - .-- - 0' ,A�S�r �' at al � -•� - ions osed s o sales ordinances room will or that not impact the applicant traffic, noise, will sufficiently or other mitigate any impacts identified by the Local Li.:', , )'-Lcjtji. Licensing Authority Signature . `'J ! • el Licensing Authonly Contact Name Phone Number -- , �' 4g i (970)4i_00-42.1 Object Do Not Object Chloe Rempel, Deputy 7. Clerk Mike Freeman , Acting Chair Pro -Tern If the Local Licensing Authority objects to the sales room, provide a separate page with details of the objection. APR 2 8 2048 Chloe Rempel From: Sent: To: Subject: Attachments: Chloe Rempel Thursday, April 12, 2018 10:00 AM Alan Caldwell; Bethany Pascoe; Bob Choate; Bruce Barker; Curtis Hall; Dan Joseph; Dawn Anderson; Don Dunker; Elizabeth Relford; Frank Haug; Gabri Vergara; Jose Gonzalez; Joshua Noonan; Karin McDougal; Lauren Light; Michelle Martin RE: COLORADO LIQUOR SALES ROOM - Haykin Family Cidery, LLC, dba Haykin Family Cider Staff Referral Memo - Haykin Family Cidery.pdf Sorry — the "Staff Referral Memo — Haykin Family Cidery" form is attached. Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 0 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. From: Chloe Rempel Sent: Thursday, April 12, 2018 9:53 AM To: Alan Caldwell <acaldwell@weldgov.com>; Bethany Pascoe <bpascoe@weldgov.com>; Bob Choate <bchoate@weldgov.com>; Bruce Barker <bbarker@weldgov.com>; Curtis Hall <chall@weldgov.com>; Dan Joseph <djoseph@weldgov.com>; Dawn Anderson <dranderson@weldgov.com>; Don Dunker <ddunker@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Gabri Vergara <gvergara@weldgov.com>; Jose Gonzalez <jgonzalez@weldgov.com>; Joshua Noonan <jnoonan@weldgov.com>; Karin McDougal <kmcdougal@weldgov.com>; Lauren Light <Ilight@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Subject: COLORADO LIQUOR SALES ROOM Haykin Family Cidery, LLC, dba Haykin Family Cider Hello, In accordance with the procedure for reviewing Applications for a PERMANENT Limited Winery Colorado Liquor Sales Room, please complete and return the attached "Staff Referral Memo — Haykin Family Cidery". Your report will be used by the Board of County Commissioners in considering the Applicant's Sales Room application. Please see the below for more information about a liquor sales room. PLEASE RESPOND NO LATER THAN: TUESDAY, APRIL 17, 2018 1 Haykin Family Cidery, LLC, is currently licensed as a Limited Winery with a Wine Delivery Permit, in Aurora, Colorado. A permanent sales room would allow them to have an area to sell and serve both on and off premises at the proposed location outside of Ault, Colorado. Colorado Liquor Sales Rooms are licensed by the Colorado Department of Revenue, but the State allows the local licensing authority to submit comments and/or concerns. A "Sales Room" is defined as an area in which a licensed winery, limited winery, distillery, or beer wholesaler, sells and serves alcohol beverages for consumption on the licensed premises, sells alcohol beverages in sealed containers for consumption off the licensed premises, or both. I have attached the applicable CO Liquor Code section. The application asks the following: 1. Issuance of this permit would impact traffic, noise, or other neighborhood concerns in a manner that is inconsistent with local regulations or ordinances. 2. If granted this permit would result in violations of the Colorado liquor code or the laws of the local government. (specify) 3. Issuance of this permit would violate local zoning laws. If you have any questions, please do not hesitate to contact me. Thank you! 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. 2 MEMORANDUM TO: Board of County Commissioners FROM: Michelle Martin DEPARTMENT: Planning Services DATE: 4/12/2018 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room (State Licensed) Applicant(s): Haykin Family Cidery, LLC, dba Haykin Family Cider Address: 42135 CR 43, Ault, Colorado 80610 File Location: LC0022 Reply By: Tuesday, April 17, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempelPweldgov.com. El We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested Colorado Liquor Sales Room. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. The applicant may need a Use by Special Review (USR) Permit prior to operating. I recommend the applicant complete the pre -application form and contact the Planning Department. MEMORANDUM TO: Board of County Commissioners FROM: Bethany Pascoe DEPARTMENT: Zoning and Compliance - Planning Dept. DATE: 4/13/2018 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room (State Licensed) Applicant(s): Haykin Family Cidery, LLC, dba Haykin Family Cider Address: 42135 CR 43, Ault, Colorado 80610 File Location: LC0022 Reply By: Tuesday, April 17, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempelweldgov.com. n We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested Colorado Liquor Sales Room. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. The applicant needs a Use by Special Review (USR) Permit prior to operating. The necessary application is attached. MEMORANDUM TO: Board of County Commissioners FROM: Josh Noonan DEPARTMENT: Weld County Sheriffs Office DATE: April 16, 2018 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room (State Licensed) Applicant(s): Haykin Family Cidery, LLC, dba Haykin Family Cider Address: 42135 CR 43, Ault, Colorado 80610 File Location: LC0022 Reply By: Tuesday, April 17, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempel@weldgov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested Colorado Liquor Sales Room. We have reviewed the request, and recommend approval given that the below or attached condi:'ons are met. See aached letter, or comments below. I reviewed oi.. • local record management system and found no records for the address, 42135 WCR 43, or L aniel Haykin. I did not find any records of interest for Walt Rosenberg. We find no conflicts v ith our interests. MEMORANDUM TO: Board of County Commissioners FROM: Jose Gonzalez DEPARTMENT: Building Department DATE: 04/16/18 SUBJECT: CO Liquor Sales Room Application The Weld County Clerk to the Board's Office has received an application for a Colorado Liquor Sales Room in Unincorporated Weld County: License Type: Colorado Liquor Sales Room (State Licensed) Applicant(s): Haykin Family Cidery, LLC, dba Haykin Family Cider Address: 42135 CR 43, Ault, Colorado 80610 File Location: LC0022 Reply By: Tuesday, April 17, 2018 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. If you have any further questions regarding the application please do not hesitate to contact me at (970) 400-4213 or crempelweldgov.com. We have reviewed the request and find no conflicts with our interests. We have reviewed the request and find that we are NOT in support of the requested Colorado Liquor Sales Room. We have reviewed the request, and recommend approval given that the below or attached conditions are met. See attached letter, or comments below. The existing structures on the property are permitted for agricultural uses only. Any other use will constitute a building code violation under chapter 29 of the Weld County Code. Chloe Rempel From: Sent: To: Cc: Subject: Attachments: Good Evening, Chloe Rempel Monday, April 23, 2018 5:33 PM 'DOR_LED@state.co.us'; 'Robert Runco' Frank Haug RE: Limited Winery Sales Room in Ault CO Liquor Sales Room Appl - Haykin Family Cidery, LLC.pdf Please see the attached Application for a Colorado Liquor Sales Room from Haykin Family Cidery, LLC, which was signed by the Weld County Acting Chair Pro-Tem on Monday, April 23, 2018. After review, the Board of County Commissioners has chosen to object to the application because issuance of this permit would violate local zoning and building laws. The applicant has been provided with the a pre -application for a Use by Special Review (USR) Permit, and is working with the Department of Planning Services. If the establishment gains compliance with local zoning and building laws, please submit for re -review. If you have any questions or concerns, please do not hesitate to contact me. 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. From: Robert Runco [mailto:rrunco@runcolawfirm.com] Sent: Monday, April 16, 2018 1:43 PM To: Chloe Rempel <crempel@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Subject: RE: Limited Winery Sales Room in Ault Thank you, Chloe. I'll get this over to my clients and get them started on the process now. * Please note our new office address. 1 Robert C. Runco, Esq. Runco Law 1616 17th St., Suite 583 Denver, CO 80202 Office. (720) 452-2646 Direct. (720) 452-2647 www.runcolawfirm.com The information contained in this e-mail message and any attachments thereto ("e-mail") is sent by an attorney or an agent of the attorney and is intended to be confidential and for the use of only the individual or entity named above. The information may be protected by attorney -client privilege, work product immunity or other legal rules. If the reader of this message is not the intended recipient, or an employee or agent responsible to deliver it to the intended recipient, you are notified that retention, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone (720) 452-2646 or by e-mail reply, and immediately and permanently delete this e-mail message and any attachments thereto. Thank you. Any U.S. federal tax advice contained in this communication (including any attachments or enclosures) was not intended or written by the author to be used, and cannot be used, for the purpose of (1) avoiding penalties that may be imposed on a taxpayer or (2) promoting, marketing, or recommending to another party any transaction or other matter addressed herein. From: Chloe Rempel <crempel@weldgov.com> Sent: Monday, April 16, 2018 10:56 AM To: Robert Runco <rrunco@runcolawfirm.com> Cc: Esther Gesick <egesick@weldgov.com>; Frank Haug <fhaug@weldgov.com>; Michelle Martin <mmartin@weldgov.com> Subject: RE: Limited Winery Sales Room in Ault Good Morning Robert, After review, the Weld County Department of Planning Services has advised that the applicant may need a Use by Special Review (USR) Permit in order to operate in unincorporated Weld County. Please see the attached pre -application form, and contact Michelle Martin with the Planning Department (mmartinweldqov.com) if you have any questions. 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. From: Robert Runco(mailto:rrunco@runcolawfirm.com] Sent: Thursday, April 12, 2018 10:54 AM 2 To: Chloe Rempel <crempel@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Frank Haug <fhaug@weldgov.com> Subject: RE: Limited Winery Sales Room in Ault Thank you, Chloe. One note, this is a permanent sales room, not temporary, so I believe you have 45 days, if you need, to respond. * Please note our new office address. Robert C. Runco, Esq. Runco Law 1616 17th St., Suite 583 Denver, CO 80202 Office. (720) 452-2646 Direct. (720) 452-2647 www.runcolawfirm.com The information contained in this e-mail message and any attachments thereto ("e-mail") is sent by an attorney or an agent of the attorney and is intended to be confidential and for the use of only the individual or entity named above. The information may be protected by attorney -client privilege, work product immunity or other legal rules. If the reader of this message is not the intended recipient, or an employee or agent responsible to deliver it to the intended recipient, you are notified that retention, dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone (720) 452-2646 or by e-mail reply, and immediately and permanently delete this e-mail message and any attachments thereto. Thank you. Any U.S. federal tax advice contained in this communication (including any attachments or enclosures) was not intended or written by the author to be used, and cannot be used, for the purpose of (1) avoiding penalties that may be imposed on a taxpayer or (2) promoting, marketing, or recommending to another party any transaction or other matter addressed herein. From: Chloe Rempel <crempel@weldgov.com> Sent: Thursday, April 12, 2018 8:57 AM To: rrunco@runcolawfirm.com Cc: Esther Gesick <egesick@weldgov.com>; Frank Haug <fhaug@weldgov.com> Subject: RE: Limited Winery Sales Room in Ault Good Morning, Thank you for providing a copy of your client's application for a Colorado Liquor Sales Room, received April 11, 2018. The sales room location is in unincorporated Weld County. Once Staff has made a recommendation and the document has been signed, I will forward you a copy within the ten (10) business day requirement. If you have any questions or concerns, please do not hesitate to contact me. Sincere Regards, Chloe A. Rempel Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 tel: 970-400-4213 3 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Esther Gesick Sent: Wednesday, April 11, 2018 1:58 PM To: Chloe Rempel <crempel@weldgov.com> Subject: FW: Limited Winery Sales Room in Ault Esther E. Gesick Clerk to the Board 1150 0 Street I P.O. Box 758 'Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Robert Runco[mailto:rrunco@runcolawfirm.com] Sent: Wednesday, April 11, 2018 10:20 AM To: Esther Gesick <egesick@weldgov.com> Subject: Limited Winery Sales Room in Ault Ms. Gesick, I have a limited winery client that intends to open a sales room in Ault, CO. I believe this is within your jurisdiction. I tried to leave a voicemail earlier today, but kept getting cut off. Please find attached a copy of the application as being submitted to the Liquor Enforcement Division today. Can you please confirm that this is within the Weld County Liquor Licensing Authority's district, and that this email will suffice as receipt? Thank you, * Please note our new office address. Robert C. Runco, Esq. Runco Law 1616 17th St., Suite 583 Denver, CO 80202 Office. (720) 452-2646 Direct. (720) 452-2647 www.runcolawfirm.com 4 Co asir, c r F00 itel res o cdes. te-mde ft*" LEASE AGREEMENT THIS AGREEMENT (this "Lease") is entered into as of 5--2018, between Masonville Orchards, LLC, a Colorado limited liability company, ("Lessor") and Haykin Family Cidery LLC, a Colorado limited liability company ("Lessee"), with reference to the following: A. Lessor owns that certain premises containing approximately 700 rentable square feet located at 42135 County Rd 43, Ault, CO 80610 (the "Premises"). B. Lessor desires to lease the Premises to Lessee for Lessee's use, and Lessee wishes to lease the Premises from Lessor for use. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and I essee agree as follows: 1. Lease. Lessor leases to Lessee, and Lessee leases from Lessor, upon the terms and conditions set forth herein, that portion of the Premises consisting of approximately 700 rentable square feet as shown on the drawing attached hereto as Exhibit "A" and incorporated herein by reference for all purposes (the "Premises"). 2. Term and Ontioq The term of the Lease shall commence upon the date as provided above and shall expire on April 1, 2019; except as otherwise terminated under the terms and conditions of this Lease. Upon sixty (60) days' notice from Lessee to Lessor prior to the expiration of the Term, the Lease may be extended for an additional Term under the same terms and provisions. 3. Wit. Lessee shall pay to Lessor as Base Rental under this Lease the sum of $1.00 ("Base Rental") for each month, during the Term of this Lease. Base Rental provided for in this Lease shall be due on the first day of each month during the Term of this Lease. All Base Rental and other payments required by this Lease to be paid to Lessor shall be made without any right of set-off, abatement, or deduction of any kind unless specifically provided for in this Lease. Base Rent for any partial month shall be prorated 4. ,Limitation of Liability and Indemnity. Lessor shall not be liable to Lessee, or any of its agents, employees, servants or invitees, for any damage to persons or property due to the condition or design or any defect in the Premises or its mechanical systems which may exist or subsequently occur, and Lessee with respect to itself and its agents, employees, servants and invitees, expressly assumes all risks and damage to persons and property, either proximate or remote, by the reason of the present or future condition of the Premises. Each party will indemnify, defend and save harmless the other party, its officers, directors, members, partners, agents, employees, lenders and independent contractors and all persons and entities claiming through any of these persons or entities from and against any and all claims, damages, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees in connection with any claim whatsoever, arising from any breach of this agreement, arising wholly or in part by any act or omission of the breaching party, its agents, employees, contractors, Lessees, concessionaires, or licensees. This paragraph is for the benefit of the Lessee and Lessor only, and no right of action shall accrue hereunder to any third party by way of subrogation or otherwise. 5. Es. Lessee shall use the Premises only for a cider tasting and sales facility. The Lessee will not use or suffer or permit the usage of the Premises for any other purpose. In connection with the use of the Premises, Lessee shall: (a) Conform to all applicable laws, ordinances, rules and regulations of any public authority affecting the use of the Premises by Lessee; and shall correct at Lessee's own expense any failure of compliance created through Lessee's fault or by reason of Lessee's use. (b) Refrain from any activity which would be reasonably offensive to Lessor, or which tend to create a nuisance or damage the reputation of the Premises. Without limiting the generality of the foregoing, Lessee shall not permit any objectionable noise or odor to escape or be emitted from the Premises. (c) Not commit or suffer any waste of the Premises. (d) Regardless of any whether any work done by Lessee is permitted under this Lease and regardless of whether consent has been given, Lessee shall keep the Premises free of all liens whatsoever caused by or suffered by Lessee, and Lessee shall immediately discharge any such liens and otherwise immediately hold Lessor harmless therefrom. 6. Services and Utilities. All payments for water and sewer services, and all other utilities required by Lessee including gas and electricity are included in the Base Rent. 7. Furniture. Lessee shall have no claim to ownership of any fixtures, furniture, and equipment placed in the Premises prior to the execution of this I ease. Except as provided in the following sentence, all furniture and equipment placed in the Premises by Lessee shall remain the property of Lessee, subject to the rights of Lessor therein as provided by law. The Lessee may, at the expiration of the term hereof, remove all furniture and equipment if such removal is done so as not to damage the Premises. 8. Insurance. Lessor shall continuously keep and maintain fire and casualty insurance for all of the personal property within the Premises. In addition, Lessee shall continuously keep and maintain commercial general liability insurance, contractual liability insurance, and to the extent required by law, workers' compensation insurance, as necessary. All such insurance shall include Lessor as a standard loss payee, as its interests may appear, or, if applicable, as an additional insured party, whose interests in the insurance coverage and proceeds cannot be defeated by the conduct of the insured ply 9. Alterations. Lessee may not make any alterations, improvements or additions to the Premises (collectively, "Improvements") without the express prior written consent of Lessor. Any Improvements to which Lessor consents must be constructed and installed in accordance with any requirements imposed by Lessor to protect Lessor's interest in the Premises. Further, upon termination of this Lease, any Improvements to the Premises shall remain in the Premises, and Lessee shall not have the right to remove such Improvements. 10. No Warranties. Lessee acknowledges that Lessee has examined the Premises and is relying solely on its examination thereof, and that Lessor has made no representations or warranties of any kind, expressed or implied, concerning the condition of the Premises or their suitability to Lessee. As 2 of the Commencement Date, Lessee accepts the Premises in their present condition, existing "AS IS" and with all defects, patent or latent, known or unknown, and all faults, known or unknown, now existing or hereafter arising. Lessor has made no promises to alter, repair or improve the Premises. Notwithstanding the foregoing, Lessor represents that Lessor has not received any written notice of violation of any laws, codes or regulations with respect to the Premises. 11. Damaee and Destruction. (a) If the Premises, or any portion thereof, are damaged or destroyed by any ernise whatsoever, such that the Premises are untenantable for a period of at least thirty (30) days, this Lease shall terminate immediately. Rent and any other payments for which Lessee is liable shall be apportioned and paid to the date of such damage or destruction, and Lessee shall immediately deliver possession of the Premises to Lessor. (b) If all or any portion of the Premises is damaged or destroyed by any cause whatsoever, and such damage or destruction is not significant enough to cause a termination of the Lease, Lessor agrees to use good faith efforts to repair such damage. Notwithstanding any such damage, Lessee shall continue to be obligated to pay all rent under this Tease during the period of restoration. 12. Condemnation. Upon any taking by condemnation or other eminent domain proceeding of all or a portion of the Premises, this Lease shall terminate. As between Lessor and Lessee, any awards or damages payable as a result of such taking by condemnation or other eminent domain proceeding shall be the sole property of Lessor, and Lessee shall have no claim to any part thereof. 13. Certificates. Lessee agrees to furnish to Lessor certificates certifying as to any information reasonably requested by either Lessor. 14. Condition of Premises and Surrender of the Premises. Lessee acknowledges that (a) Lessee has fully inspected the Premises and accepts the same in their present condition, "as is, where is", with all faults, and (b) Lessor has made no warranties or representations to Lessee whatsoever with respect to the condition of the Premises. Upon the expiration or termination of this Lease, Lessee agrees to return the Premises to Lessor in the same condition as upon delivery, regular wear and tear excepted. 15. Mos, Lessee shall not place any signs or symbols on in the windows or doors of the Premises or on any exterior part of the Premises without the prior consent of Lessor, which consent shall not be unreasonably withheld. 16. Liens. Lessee shall keep the Premises free and clear of all liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 17. Certificates. Licenses and/or Permits. Lessee shall, at Lessee's sole expense, obtain all necessary certificates, licenses or permits to do business in the Premises, which may be required by any governmental authorities. 18. Default and Remedies. Time is of the essence of this Lease. In the event the Lessor declares a default under the Lease, then this Lease shall terminate without liability by Lessor unless the default was caused by Lessor, and Lessee was not in any way responsible for the default. The following shall constitute a default ("Default) under this Lease: 3 (a) If Lessee receives any written notice of default under the Lease and if the default was caused by or contributed to by Lessee, then Lessee shall be deemed to be in Default under this Lease unless Lessee cures the same within thirty (30) days, and the Lessor recognizes the cure and waives the default. (b) Except as otherwise provided herein, in the event Lessee fails to pay any Base Rent following delivery of five (5) days' notice from Lessor that such payment is past due, or (c) In the event Lessee fails to cure any non -monetary obligation required of Lessee under this Lease and does not correct or commence and diligently pursue to completion the required corrective action within twenty (20) days after receipt of written notice from Lessor specifying the nature in which Lessee is in Default, then Lessee shall be deemed to be in Default; and Lessor may, at its option, exercise any right or remedy available under this Lease, or as provided by law, consecutively or concurrently, to redress such Default. Lessor shall only be obligated to give written notice of failure to pay any Base Rent twice during the term of the Lease. Upon the third occasion on which Lessee fails to pay any Base Rental or other charges of the Lessee when due, Lessee shall be in Default automatically at the expiration of five (5) days from the due date, without Lessor being obligated to give any notice of nonpayment. No further notice shall be necessary from Lessor in order to declare a Default or exercise any right or remedy, except as specifically provided for in this Lease. Lessor shall have the right to recover (a) all unpaid rent and other charges to which Lessee is responsible hereunder for the period prior to the time Lessor re-enters the Premises, together with interest thereon at five percent (5%) per annum; (b) the cost of clean-up and repair and the cost of correcting any damages to the Premises or any Defaults or restoring any unauthorized alterations, the cost of making any repairs or restoration required of Lessee but not fully performed; and (c) reasonable attorneys' fees incurred in connection with the Default, whether or not any litigation is commenced. The foregoing remedies shall not be exclusive but shall be in addition to all other remedies and rights provided under applicable law, and no election to pursue one remedy shall preclude resort to another consistent remedy. If Lessor shall at any time fail to make any payment or perform any other obligation of Lessor hereunder after the receipt of notice and the lapse of all applicable cure periods, then Lessee shall have the right, but not the obligation, after five (5) days' notice to Lessor, or without notice to Lessor in the case of any emergency, and without waiving or releasing Lessor from any obligations of Lessor hereunder, to make such payment or perform such other obligation of Lessor in such manner and to such extent as Lessee shall deem necessary, and in exercising any such right, to pay any incidental costs and expenses, employ attorneys, and incur and pay reasonable attorneys' fees and disbursements. Lessor shall pay to Lessee upon demand all sums so paid by Lessee and all incidental costs and expenses of Lessee in connection therewith, and together with interest thereon at the rate of five percent (5%) per annum or any part thereof or the then maximum lawful interest rate, whichever shall be less, from the date of the making of such expenditures, and if Lessor does not reimburse Lessee for such costs within fifteen (15) days from the date of such demand, Lessee may deduct such amount from Base Rent payable under this Lease. 4 19. Attorneys' Fees and Costs of Enforcement. If either party hereof commences an action to enforce any of the provisions of this Lease, the prevailing patty in such action shall be entitled to collect all of the costs of such action (including, without limitation, reasonable attorneys' fees and court costs) from the other Ply. 20. Cumulative its and Remedies. No right or remedy contained herein or provided by law is intended to be exclusive of any other right or remedy, but shall be cumulative and in addition to every other right or remedy. 21. Assignment and Subletting. Lessee may not assign Lessee's rights under this Lease or sublet all or any portion of the Premises, without the prior written consent of Lessor, which consent shall not be unreasonably withheld. 22. Notice. All notices required hereunder shall be in writing and shall be delivered personally or deemed given two (2) days after depositing the same, with postage prepaid, in the U. S. Postal Service and addressed to the following address or to such other addresses as to which either party may give notice from time to time: LESSOR LESSEE: Masonville Orchards, LLC 4545 Cobb Lake Dr. Fort Collins, CO 80524 Attn: Walt Rosenberg Haykin Family Cidery LLC 12001 E. 33r° Ave. Aurora, CO 80010 Attn: Daniel Haykin 23. General Provisions. This Lease sets forth the complete agreement between Lessor and Lessee regarding the subject matter hereof, and this Lease may not be terminated, amended or modified in any respect except by agreement in writing executed by both Lessor and Lessee. All duties and obligations of Lessee under this Lease that are unperformed shall survive the termination or expiration of this Lease. Except as limited by this Paragraph, this Lease, and all the terms and conditions hereof, shall be binding upon and inure to the benefit of both Lessor and Lessee and their respective successors, representatives and assigns. 24. Acknowledgement. Both parties acknowledge that they have been given a reasonable period of time to study this Lease and to consult with an attorney if they so wish, before signing it. The parties certify that they have fully read, have received an explanation of, and completely understands the terms, nature, and effect of this Lease. The parties further acknowledge that they are executing this Lease freely, knowingly, and voluntarily and that each party's execution of this Lease is not the result of any fraud, duress, mistake, or undue influence whatsoever. In executing this Lease, neither party relies on any inducements, promises, or representations by the other party other than the terms and conditions of this Lease, and both parties agree that no special weight or interpretation shall be given to any provisions of this Lease based upon the drafting of the Lease by a specific party. 25. Governing Law and Jurisdiction. This Lease shall be governed by the laws of the State of Colorado. Each party consents to jurisdiction within the State of Colorado and to venue within Denver 5 Title: ‘-',"e • County. 26. Entire Agreement. This Lease constitutes the entire agreement between the Lessor and the Lessee. No prior agreement or understanding with respect to the Lease shall be valid or of any force or effect. No representations, warranties, express or implied, or covenants with respect to the Premises have been made except as provided by this Lease. 27. Binding Effect. This Lease shall be binding upon the parties, their heirs, legal representatives, successors and assigns, subject to the restrictions set forth herein on assignment. 28. Survival of Lessee's Obligations. All indemnifications and other obligations of Lessee pursuant to this Lease that arise, commence, are created, or occur during the term of this Lease shall survive the termination of this Lease. ACCORDINGLY, the parties have executed this Lease as of the date first set forth above. LESSOR: LESSEE: MASONVILLE ORCHRADS, LLC, HAYIUN FAMILY CIDERY LLC, a Colorado limited liability company, a Colorado limited liability company By: AM /-- ge 5e.4iae'(� By: Daniel Haykin Title: Owner 6 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 E;Mil WELD COUNTY CO Liquor Sales Room - Haykin Family Cic aims% ONLINE MAPPING 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 "7111 WELD COUNTY CO Lic ark ONLINE MAPPING uor Sales Room - I laykin Family Cic ery, LLC RE"4302 LOT B RE -2338 `nT A Kt -4618 LOT C RE -4618 LOT D RE -2104 AM LOT RE -4559 LOT D R DAIRY 250 COWS USR-1507 ILD CARE CENTER RE -2704 AM LOT B ECX13-01C1 LOT A RE -2810 _OT /► RE -4559 RE! -4552 LOT C LOT A RE -4559 LOT B RECX16-0092 LOT B RE -4588 LOT n A ... •i � RF_1043 LOT A F:E-2652 LOT A RE: -768 RE -768 LOT B LOT B RECX13-0101 LOT B RE -4588 LOT B .� e% -+ ell n 1\L.-S,i a.a; PARCEL A RE -2722 PARCEL B RE -2662 LOT B RE -199G Aryl ddd LOT C . LPT_11 1: 12,819 0 2,136.5 WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado 0 1,068.23 2,136.5 Feet This map is a user generated static output frurn an Internet [napping site any 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 S Legend Parcels Recorded Exemption C LOT1 LOT 2 LOT A LOT B LOT C LOT D LOTS A & B PARCEL 1 PARCEL 3 7 PARCEL A PARCEL B TRACT A TRACT B USR - Uses by Special Reviev Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone Al- Floodplain - 100 Year Zone AC Address Label Highway int‘i Pni inriani Notes 7.1171 WELD COUNTY Co Liquor Sales Room db... ik - Ha kin Famil y Cicery, LLC s 42.278 • - Legend L_ Parcels • Highway UCounty �_� Boundary 1 o � ' 4223.2 Iso B - r r. _ ' - - • i 094 • ._�� i -.a - - - at —+� 20765 01 C •r- '• - is a. _ kry (20697• •r • F P II a It .ice` _�.r . i �� ->. . da.Au 21037 �aYr�wr K -9 i .. ..., _... •l _ ..... sikY Ws - •11Y. , ...-....±..",?: • T4 . • �-` � N.1[..i 1 r.�• I •� r. _-. ' i '�� V . ...1Mle�^"Ji� �N!l :..°Y.! .I �', w.. ti .1. .` •.14.��.� IN•`� . •.....,..: •v LV1�Iy .ate i. E �M M • L :^." .. 1: 3,2050 Notes 534.1 0 267.06 534.1 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that WGS_1984_ Web_ Mercator_Auxiliary_Sphere © Weld County Colorado THIS appear MAP on this map may or may not be accurate, current, or otherwise reliable. IS NOT TO BE USED FOR NAVIGATION 4/12/2018 Property Report Weld County PROPERTY PORTAL Account R4721207 Property Information (970) 400-3650 Technical Support (970) 400-4357 Account: R4721207 April 12, 2018 Account Information Parcel S ace ' Account ( Tax I Buildings { Actual ( Assessed p 1 Type j Year I g Value Value --_-____ i_ 055133400010 1 Agricultural I 2018 12 57,437 16,670 i Legal PT SE4 33 8 65 LOT C REC EXEMPT RE -4559 I Subdivision Block Lot Land Economic Area Property Address 8207 PIERCE Property Zip ;I Section Township j Range City I c 1 42135 COUNTY ROAD 43 WELD 33 08 65 Owner(s) i Account I Owner Name Address I R4721207 I ROSENBERG WALT 4545 COBB LAKE DR FORT COLLINS, CO i 805249321 Document History https://propertyreport.co.weld.co.us/?account=R4721207 1/7 4/12/2018 Property Report Reception Rec Date Type Grantor 3471643 04-26-2007 RE RE -4559 3471643 04-26-2007 i RE 3828161 Grantee RE -4559 Doc Fee RECORDED EXEMPTION SEADER 02-29-2012 WD ROBERT LEEROY RE -4559 ROSENBERG WALT Sale Date Sale Price 0.00 j 04-26-2007 i 0 0 0.00 6.50 02-23-2012 65,000 Building Information Building 1 AccountNo R4721207 ID ID Square I Ft 1,664 8801 Building ID Occupancy Equipment Building Occupancy Complete Bedrooms Equipment I 100 Building Interior HVAC Condo jTotal Basement SF ' SF 0 None Built As Details for Building 1 0 Baths i Rooms Unit Perimeter Units TypeI Make Finished Basement Garage ? Carport Balcony Porch I SF SF SF SF SF ID Built As Square Ft 4 Equipment Building 1,664 Year Built Stories Length Width 32 52 https://propertyreport.co.weld.co.us/?account=R4721207 2/7 4/12/2018 Property Report Additional Details for Building 1 ID Detail Type Description 3 Units 1 j Add On OB Plumbing Fixture Average Building 2 AccountNo Building ID R4721207 ID Type 2 Occupancy Utility Building ° I NBHD Occupancy Complete Bedrooms 2 Out Building 8801 Utility Building 100 ID Exterior Cover Interior HVAC Total ID i Square Condo Basement Ft SF SF Built As Details for Building 2 ID Built As Square Year Ft E Built 2.00 Utility Building 748 a 2015 Additional Details for Building 2 ID Detail Type ': Description 2 Add On Perimeter Units � Type Make 112 1 Garage Carport Balcony ! Porch SF SF SF ? SF Stories ( Length Width fi 34 22 O8 Open Shelter Lean To Wood 320 https://propertyreport.co.weld.co.us/?account=R4721207 3/7 4/12/2018 Property Report 0919 0100 WELD COUNTY Valuation Information Type Improvement Land Land Totals Code j Description i Actual Value Assessed Value FARM RANCH 4279 SUPPORT BLDGS FLOOD IRRIGATED LAND - AGRICULTURAL Acres 39,096 11,340 0.000 18,339 Land SqFt 5,320 { 14.850 3 646,866 13,504 2 j 10 I 0.310 57,437 j 16,670 l 15.160 660,370 Tax Area District ID 0919 i 0700 0919 a 0501 0919 Total 4 - Tax Authorities District Name AIMS JUNIOR COLLEGE AULT FIRE 1050 HIGH PLAINS LIBRARY 0304 NORTH WELD COUNTY WATER (NWC) 0301 NORTHERN COLORADO WATER (NCW0209 ; SCHOOL DIST RE9-AULT 1200 WEST GREELEY CONSERVATION Current Mill I Levy 6.317 I 8.045 3.256 0.000 1 1.000 27.213 15.800 i 0.414 62.045 I https://propertyreport.co.weld.co.us/?account=R4721207 4/7 Hello