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Home My WebLink About20161128.tiffFINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF ANA LUCERO, DBA POLLO FELIZ, FOR 3.2% BEER RETAIL LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN The application of Ana Lucero, dba Polio Feliz, 2523 8th Avenue, Greeley, Colorado 80631, for a 3.2% Beer Retail License, came on for hearing on the 28th day of March, 2016, at 9:00 a.m., and the Board of County Commissioners of Weld County, Colorado, having heard the testimony and evidence adduced at said hearing, having considered the testimony, evidence and remonstrances filed with said Board, and having carefully weighed the same, now makes the following findings: 1. The evidence discloses that the applicant has sustained the burden of proof as to the desires of the inhabitants. 2. The applicant is of good character and reputation. 3. The applicant has proven the reasonable requirements of the neighborhood. RESOLUTION 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, the Board has considered the application of Ana Lucero, dba Polio Feliz, 2523 8th Avenue, Greeley, Colorado 80631, for a 3.2% Beer Retail License, for the sale of fermented malt beverages, containing not more than 3.2% of alcohol by weight, for consumption by the drink on the premises only, and WHEREAS, said applicant has paid to the County of Weld the sum of $875.00 for the hearing fee, in addition to the other required fees, and WHEREAS, due to the Findings of the Board of County Commissioners in this matter as stated herein, the Board deems it advisable to approve said application for a 3.2% Beer Retail License for Ana Lucero, dba Polio Feliz. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that having examined said application, the qualifications of the applicant, and the testimony of those present at the hearing, does hereby grant License Number 2016-5 to said applicant to sell 3.2% fermented malt beverages for consumption by the drink on the premises only, only at retail at said location; and the Board does hereby authorize and direct the issuance of said license by the Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld County, Colorado, which license shall be in effect until May 30, 2017, providing that said place where the licensee is authorized to sell 3.2% fermented malt beverages for de So (A^'), Appi. O5114 2016-1128 LC0045 3.2% BEER LICENSE - POLLO FELIZ PAGE 2 consumption by the drink on the premises only and shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said application. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D., 2016. ATTEST: • v •aC,Lld•ve Weld County Clerk to the Board my Attorney Date of signature: eentLP BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mi ek Freeman Ch air Sean P. Conway, Pr.-Te 2016-1128 LC0045 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) STATE OF COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 Pierce Street, Suite 108 Lakewood, Colorado 80214 ANA M. LUCERO dba POLLO FELIZ 2523 8TH AVENUE GREELEY CO 80631 ALCOHOL BEVERAGE LICENSE Liquor License Number 4600512 License Expires at Midnight May 30, 2017 License Type 3.2% BEER ON PREMISES (COUNTY) Authorized Beverages 3.2 PERCENT BEER This license is issued subject to the laws of the State of Colorado and especially under the provisions of Title 12, Articles 46 or 47, CRS 1973, as amended. This license is nontransferable and shall be conspicuously posted in the place above described. This license is only valid through the expiration date shown above. Any questions concerning this license should be addressed to: Colorado Liquor Enforcement Division, 1881 Pierce Street, Suite 108, Lakewood, CO 80214. In testimony whereof, I have hereunto set my hand. 5/31/2016 sjs JJ 00,4 Division Director Executive Director THIS z H O z TO BE POSTED IN A CONSPICUOUS PLACE. BOARD OF COUNTY COMMISSIONERS PHONE: (970) 336-7204, EXT.4200 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 March 17, 2016 Ana Lucero dba Pollo Feliz 2523 8th Avenue Greeley, Colorado 80631-8409 RE: Report of Investigation for Colorado Liquor License Application — Polio Feliz Dear Ana Lucero: On March 16, 2016, I traveled to the proposed licensed premises known as Pollo Feliz, located at 2523 8th Avenue, Greeley, Colorado 80631-8409. While there I made an on -site inspection regarding the Liquor License Application filed. The application is for a 3.2% Beer Retail Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on March 28, 2016, at 9:00 a.m. My inspection revealed the following: 1. The proposed licensed premises is not directly connected to a different licensed premises. Section 12-47-301(3)(a), C.R.S. 2. The diagram of the proposed licensed premises is correct. Section 12-47-309(3), C.R.S. 3. There are two (2) 3.2% Beer Retail liquor licensed establishment located in the immediate one -mile area operated by King Soopers and Everyday. The established neighborhood does contain the following liquor, Tavern or Hotel and Restaurant licensed establishments: • Chippers Classic Lanes — Hotel and Restaurant • Fonta's Pizza — Hotel and Restaurant • White Horse Inn — Tavern • 8th Avenue Wing Shack — Hotel and Restaurant • Mardi Gras Liquor Store • AF Rays — Tavern 2016-1128 LC0045 REPORT OF INVESTIGATION - POLLO FELIZ PAGE 2 4. The sign noticing the place, date, and time of the hearing for the liquor license application was not posted by the applicant when I was there at approximately 1:30 pm on March 16, 2016. The sign needs to be posted at the location by 11:59 am on Friday, March 18, 2016. 5. There are no public or parochial schools, or principal campus of any college, university, or seminary within 500 feet of the proposed licensed premises. Section 12-47-313(1)(d)(I), C.R.S. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, County Commissioner cc: Bruce Barker, County Attorney LC0045 .AYIu.4Lvl iC ¢and'"$3 ra ra 0 31171k, hii-prni arid uwe4- U.S. Postal Service,,, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) L n Postage IT1 Certified Fee In In Return Receipt Fee 0 (Endorsement Required) In Restricted tr (Endorsement Required) f1J Total Postage & Fees City, State, ZIP+4 PS Form 3800 June 2002 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: L dbo. Rollo 05x3 Stb k_ , Cry $O(IS -g`/09 Postmark Here See Reverse for Instructions COMPLETE THIS SECTION ON DELIVERY ❑ Agent 0 Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type giCertified Mail® 0 Priority Mail Express`" 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service label) PS Form 3811, July 2013 7004 2890 0003 5709 1144 Domestic Return Receipt Liquor license application for Polio Feliz March 16, 2016 1. I arrived at 1:30 p.m. and meet with Sgt. Wood, we introduced our self to the employees and were informed the owner and manager were not in. Araceli Moran, an employee of the restaurant allowed us to inspect the area. Both Sgt. Wood and verified the three diagrams of the restaurant, Kitchen, building and establishment. We both agree the diagrams match what we had. When verifying the list on our inspection we had listed Classic lanes and Chipper's Classic lanes and agreed they are one in the same. All others listed were verified except the Bear's Sports Saloon Bar which we were informed the establishment has been closed for at least a year. The only other notation is we could not find a posted sign noticing the place, date and time of the hearing for the liquor license application. _,O,,....s,_, P'2_c7.'.n.-c,i-f9--- Steve Moreno Weld County Commissioner DR 8403 (12/30/14) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Fermented Malt Beverage (3.2% Beer) License Application M New License D New -Concurrent Q Transfer of Ownership • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Local license fee $ R$bt • 5b • Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcement/liquor 1. Applicant is applying as a/an L_ Corporation El Partnership (includes Limited Liability and Husband and Wife Partnerships) Individual El Limited Liability Company C Association or Other 2. Applica�{(s) If an LLC, nap�eI of LLC; if partnership, at least 2 partners' names; if corporation, name of corporation AN I� . I -C�r o FEIN �e1 8l - 0�13g50Z 2a. Trade N e of Establishment A) • oIlo e -1I'2.. � State Sales Tax No. t/VlSUSIness o`t2og4 QS— Telephone q-1-6 31-6-0 ,s-- 3. Address of Premises (s ecify exact I ;y�`'o�n'�of premises) City re CICo County L.3-11A0 State ZIP Code I 4. Mailing Add ess (Number Street) Cit r Town cek,‘ St tee C© ZIP Code gex, \ 5. Email Address 'VA 6. If the premises currently has a liquor or beer license, you MUST answer the following questions Presenf.Trade Name of Establishment (DBA) Present State License No. Present Class of License Present Expiration Date Section A Nonrefundable Application Fees Section B 3.2% Beer License Fees A Application Fee for New License $600.00 l— Application Fee for New License - w/Concurrent Review $700.00 Application Fee for Transfer $600.00 ❑ M1 ❑ ❑ ❑ ❑ ❑ Retail 3.2% Beer On -Premises (City) $96.25 Retail 3.2% Beer On -Premises (County) $117.50 Retail 3.2% Beer Off -Premises (City) $96.25 Retail 3.2% Beer Off -Premises (County) $117.50 Retail 3.2% Beer On/Off Premises (City) $96.25 Retail 3.2% Beer On/Off Premises (County) $117.50 Master File Location Fee $25.00 x To ❑ Master File Background $250.00 x Total 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 $ 1 Application Documents Checklist and Worksheet Instructions: This check list 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 FA A. Applicant/Licensee identified FA B. State sales tax license number listed or applied for at time of application n C. License type or other transaction identified D. Submit originals to local authority E. Additional information may be required by the local licensing authority II. Diagram of the Premises Zi A. No larger than 8 1/2" X 11" V B. Dimensions included (does not have to be to scale). Exterior areas should show control (fences, walls, etc.) C. Separate diagram for each floor (if multiple levels) D. Bold/Outlined licensed premises III. Proof of Property Possession (One Year Needed) • A. Deed in name of the Applicant ONLY (or) (matching question #2) date stamped/filed with County Clerk B. Lease in the name of the Applicant ONLY (matching question #2) • C. Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant • D. Other Agreement if not deed or lease (attach prior lease to show right to assumption) IV. Background Information and Financial Documents A. Individual History Record(s) (Form DR 8404-I) PI B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) C. Purchase agreement, stock transfer agreement, and or authorization to transfer license D. List of all notes and loans. V. Sole Proprietor/Husband and Wife Partnership • A. Form DR 4679 121 B. Copy of State Issued Driver's License or Identification Card for each Applicant VI.,/Corporate iq Applicant Information (If Applicable) A. Ce ficate of Incorporation (and/or) B. Certifi to of Good Standing LI C. Certificate Authorization if foreign corporation • D. List of officers, irectors and stockholders of parent corporation (designate one person as "principal officer") VII. Partnership Applicant Inf ation (If Applicable) • A. Partnership Agreement eneral or limited). Not needed if husband and wife O B. Certificate of Good Standin if formed after 2009) VIII. Limited Liability Company Applican formation (If Applicable) • A. Copy of articles of organization (da stamped by Colorado Secretary of State's Office) • B Certificate of Good Standing if organiz more than two years • C. Copy of operating agreement • D. Certificate of Authority (if foreign company) 2 7. Is the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager under the age of twenty-one years? LIgl Yes No 8. Has the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation) or manager 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 9. Has a 3.2 beer license for the premises to be licensed been denied within the preceding one year? If "yes," explain in detail. [ f 10. Has a liquor or beer license ever been issued to the applicant (including any of the partners, if a partnership; members or manager if a limited liability company; or officers, stockholders or directors if a corporation)? If yes, identify the name of the business and list any current or former financial interest in said business including any loans to or from a licensee. 11. Does the Applicant, as listed on line 2 of this application, have legal possession of the premises by virtue of ownership, lease or other arrangement? Ownership r a. I leased, list name o 'Landlord pan at inertdt and tYbgwi Mev0-0, ase ri Other (Explain in Detail) andlord and tenant, and date of expiration, EXACTLY as they appear on the lease: ly C Tenant aw., m. tue,E,eo b. Is a'percentage of alcohol sales incluc'fed as compensation to the landlord? If yes complete question 12. c. Attach a diagram and outline or designate the area to be licensed (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". Expires 8/1/aoao n 12. 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 Last Name First Nam ' Date of Birth I FEIN or SSN Interest NA _ First Name Date of Birth FEIN or SSN Interest 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. 13.Name of Manager for all on and on/off applicants. Last Name First N e Ivy Date of Birth 7- 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. 7 15. Tax Distraint Information. Does the applicant or any other person listed on this application and 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. 3 16. '9f 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% of more in the applicant. All persons listed below must also attach form DR8404-I (Individual History Record), and submit fingerprint cards to their local licensing authority. Name Home Address. City & State Date of Birth Position % Owned Name ' ' • Home Address. City & State Date of Birth Position /0 Owned Name Home Address, City & State Date of Birth Position °/0 Owned Name ome Address, City & State Date of Birth Position % Owned Name Home ddress, City & State Date of Birth Position % Owned " Limited Liability Companies and Partnerships - 100% of ownership must be accounted for on question #16 " Corporations - The President, Vice -President. Secretary and Treasurer must be accounted for on question #16 (Include ownership percentage if applicable) Oath of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Au rizetl S n ure }` Prin d Name and Title Date n) A M LALe-es o- o to N) e r 8 /19 As- Report and Approval of ocal Licensing Authority (City/County) Date application filed with local authority 611-43-W1+ , 1+ ICS oW IS Date of local authority hearing (for new license applicants cannot be less than 30 days from date of application 12-47-311 (1) C.R S.) Each person required to file DR 8404-1 has including NCIC/CCIC check for outstanding warrants conduct. an inspection of the proposed premises to ensure class of license. 3 -1(o -2O Co that the applicant is in compliance with. Been fingerprinted X Been subject to background investigation, That the local authority has conducted, or intends to and aware of, liquor code provisions affecting their (Check One) VDate of Inspection or Anticipated Date E Upon approval of state licensing authority 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 12, Article 46 or 47, C.R S. Therefore, this application is approved. Local Licensing Authority for \i\l€1N C1,OUNli (,OWI2fTD0 Telephone Number g70-33(p'70Q/6 L Town. City 52County Signature � n`_ ;Printed 'Mike Name Freeman Title Chair, Weld Countf)ate Commissioners 3/28/2016 Signal r attest) , ,.y , r�0ot j' Printed Name Gesick Title Clerk to the Board Date 3/28/2016 4 NOTICE Pursuant to the liquor laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. Ana Lucero, dba Polio Feliz, 2523 8th Avenue, Greeley, Colorado 80631- 8409 has requested the licensing officials of Weld County Colorado, to grant a 3.2% Beer Retail license. DOCKET #: 2016-41 HEARING DATE: March 28, 2016 HEARING TIME: 9:00 a.m. DATE OF APPLICATION: August 19, 2015 APPLICANT: Ana Lucero dba Polio Feliz 2523 8th Avenue Greeley, Colorado 80631-8409 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: An area bounded on the east by 1st Avenue extended; on the south by 28th Street extended; on the west by 17th Avenue extended; and on the north by 20th Street extended LEGAL DESCRIPTION OF NEIGHBORHOOD SERVED: Lots 6 and 7, Block 11, First Addition, Arlington Park, Weld County, Colorado REQUEST: To grant a 3.2% Beer Retail license for consumption by the drink on the premises only, only at retail at said location. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 5226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. Petitions and comments may be filed in the office of the Clerk to the Board of County Commissioners. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file, please send a copy to ramartinezAco.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 9, 2016 PUBLISHED: March 14, 2016, in the Greeley Tribune Affidavit of Publication NOTICE Pursuant to the liquor laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. Ana Lucero, dba Polio Feliz, 2523 8th Avenue, Greeley, Colorado 80631-8409 has requested the licensing officials of Weld County Colorado, to grant a 3.2% Beer Retail license. DOCKET #: 2016-41 HEARING DATE: March 28, 2016 HEARING TIME: 9:00 a.m. DATE OF APPLICATION: August 19, 2015 APPLICANT: Ana Lucero dba Polio Feliz `(2523 8th Avenue ;Greeley, Colorado 80631-8409 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as fol- lows: An area bounded on the east by 1st Avenue extended; on the south by 28th Street extended; on the west by 17th Avenue ex- tended; and on the north by 20th Street extended LEGAL DESCRIPTION OF NEIGHBORHOOD SERVED: Lots 6 and 7, Block 11, First Addition, Arlington Park, Weld County, Colorado REQUEST: To grant a 3.2%Beer Retail license for consump- tion by the drink on the premises only, only at retail at said loca- tion, If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in this hearing, please contact the Clerk to the Board's Of- fice at (970) 336-7215, Extension 5226, prior to the day of the ;hearing. ;The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Ad- ministration Building, 1150 O Street, Greeley, Colorado 80631. etitions and comments may be filed in the office of the Clerk to e Board of County Commissioners. E -Mail messages sent to :an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case -- ple, please send a copy to rarnartinezaco.weld.co.us. .OARD OF COUNTY COMMISSIONERS ELD COUNTY, COLORADO ATED: March 9,2016 ribune 14, 2016 STATE OF COLORADO County of Weld, I, Kelly Ash SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Fourteenth day of March A.D. 2016 and the last publication thereof: in the issue of said newspaper bearing the date of the Fourthteenth day of March A.D. 2016 that said The Greeley Tribune has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. March 14, 2016 Total Charges: $16.50 14th day of March 2016 My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 any WE any 41L any puZ any awdIV 1O anuenyt1101. aAV.43.6IN any 411 .1, any 4141 • 1O anuany lW • any 4141 1O anuany 4141 any 4191 any Biddy any;0audy any 4F8 any 41L C U O C 'C N c O N N U Z C oa E 3 E E v y - 0 c b C) = O C U o a.E c > c 0 o COE c 0 o c..) m a = > F O ▪ c6 y r o -I o w ¢ N U L :I:17 59U C w G �•CC O C) c a) 7 PO Box 758 PO Box 758 PO Box 758 Greeley CO 80632 Greeley CO 80632 Greeley CO 80632 HOW PAID CASH CHECK [/ c f 7 MONEY ORDER RECEIPT RECEIVED FROM ADDRESS DATE RECEIPT DATE 8 `i9^/5 Qom- m.LuteA0 NO. 89290 RECEIVED FROM ADDRESS fit 1uxwdhid ± 'I) oo J $ 811.56 FOR %ice 3.A eh aT - 0,40-41 ySt-I arthz. Li u►.eii F -w It 00145 1 "� BY 1i\. LucvLn NO. 88291 �l:�� tir FOR tak--V LIS+-1O tb ana 5/too S8 a 5O 1.Paio ` HOW PAID CASH CHECK ,,,� ffff!!l!1111n t V ' '7� 5 J MONEY ORDER RECEIPT RECEIVED FROM ADDRESS FOR L.«:C.rtA_L I.QA LPL_00Y� B rr4111.r:+.-....,r .:-r.. roar _gr _ DATE 3 _a0 "/ s NO. arta, rn. LatiAA0 7,111,0 " 1,1()Wiwi/A and 6'6/00 s 38 .50 0.61 0 und HOW PAID CASH CHECK MONEY ORDER 45 3t t �J �,/ 50 L.C, 6045 pkw- Y B'��Cl0�Ai Y �� 88294 Commercial Gross Leas? i �/ f��_ 1. ames. Th's lease is made by t�1 Ix e I /V eVa V F' 2 ►"l r i Q ke itif, Landlord, and f Na ��rt C� �' , Tenant. 2. Premises Being Leased. Landlord is leasing to Tenant and Tenant is leasing from Landlord the following premises: 2 3 --- cc X12. --� rQe_ �� . -CLC( ov(3 . 3. Term of Lease. This lease begins on 41A c O 1 5 and ends on / ,7?7 i ) . 4. Rent. Tenant will pay rent in advance on the , day of each month. Tenant's first rent payment will be on �4 c 10 z c tS in the amount of $ 1. D o . Tenant will pay rent of $ t,,6 O per month there r. Tenant will pay this rental amount for the entire term of the lease. ❑ Rent will increase each year, on the anniversary of the starting date in paragraph 3, as follows: 5.O tion to Extend Lease First Option. Landlord grants Tenant the option to extend this lease for an additional 4 years. To ex- ercise this option, Tenant must give Landlord written notice on or before /44k`) 1 . Tenant may exercise this option only if Tenant is in substantial compliance with the te1'fns of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: ❑ Second Option. If Tenant exercises the option granted above, Tenant will then have the option to extend this lease for ` ? years beyond the first option period. To exercise this option, Tenant must give Landlord written notice on or before . Tenant may exercise this option only if Tenant is in substantial compliance with the terms of this lease. Tenant will lease the premises on the same terms as in this lease except as follows: 6. Security Deposit. Tenant has deposited $ I l So O with Landlord as security for Tenant's perfor- mance of this lease. Landlord will refund the full security deposit to Tenant within 14 days following the end of the lease if Tenant returns the premises to Landlord in good condition (except for reasonable wear and tear) and Tenant has paid Landlord all sums due under this lease. Otherwise, Landlord may deduct any amounts required to place the premises in good condition and to pay for any money owed to Landlord under the lease. 7. Improvements by Landlord ❑ Before the lease term begins, Landlord (at Landlord's expense) will make the repairs and improvements listed in Attachment 1 to this contract. [L enant accepts the premises in "as is" condition. Landlord need not provide any repairs or improvements before the lease term begins. 8. Improvements by Tenant. Tenant may make alterations and improvements to the premises after obtaining the Landlord's written consent, which will not be unreasonably withheld. At any time before this lease ends, Tenant may remove any of Tenant's alterations and improvements, as long as Tenant repairs any damage ©nolo www.nolo.com LF140 Commercial Gross Lease 5-15, Pg.1 caused by attaching the items to or removing them from the premises. 9. Te('Int's Use of. Premises. Tenant will use the premises for the following business purposes: ate mark Po (to -c-P i'k z Tenant may also use the premises for purposes reasonably related to the main use. 10. Landlord's Representations. Landlord represents that: A. At the beginning of the lease term, the premises will be properly zoned for Tenant's stated use and will be in compliance with all applicable laws and regulations. B. The premises have not been used for the storage or disposal of any toxic or hazardous substance, and Landlord has received no notice from any governmental authority concerning removal of any toxic or hazard- ous substance from the property. 11. Utilities and Services. Landlord will pay for the following utilities and services: Erater r—lectricity [Gas 1 eat qtr -Conditioning Any items not checked will be the responsibility of Tenant. 12. Maintenance and Repairs A. Landlord will maintain and make all necessary repairs to: (1) the roof, structural components, exterior walls, and interior common walls of the premises, and (2) the plumbing, electrical, heating, ventilating, and air-conditioning systems. B. Landlord will regularly clean and maintain (including snow removal) the parking areas, yards, common ar- eas, and exterior of the building and remove all litter so that the premises will be kept in an attractive condition. C. Tenant will clean and maintain Tenant's portion of the building so that it will be kept in an attractive condition. 13. Insurance (3 Landlord will carry fire and extended coverage insurance on the building. B. Tenant will carry public liability insurance; this insurance will include Landlord as an insured party and will be primary to any liability insurance maintained by landlord. The public liability coverage for personal injury will be in at least the following amounts: La..hc( Lorct pu 5 i j S • $ per occurrence. / • $ in any one year. C. Landlord and Tenant release each other from any liability to the other for any property loss, property dam- age, or personal injury to the extent covered by insurance carried by the party suffering the loss, damage, or injury. D. Tenant will give Landlord a copy of all insurance policies that this lease requires Tenant to obtain. 14. Taxes A. Landlord will pay all real property taxes levied and assessed against the premises. B. Tenant will pay all personal property taxes levied and assessed against Tenant's personal property. 15. Subletting and Assignment. Tenant will not assign this ease or sublet any part of the premises without the written consent of Landlord. Landlord will not unreasonably withhold such consent. LF140 Commercial Gross Lease 5-15, Pg.2 all oral agreements between the parties, as well as any prior writings. 24. Successors and Assignees. This lease binds and benefits the heirs, successors, and assignees of the parties. 25. Notices. All notices must be in writing. A notice may be delivered to a party at the address that follows a parts signature or to a new address that a party designates in writing. A notice may be delivered: in person ❑ via email, at the addresses provided below ❑ by certified mail, or ❑ by overnight courier. 26. Governing Law. This lease will be governed by and construed in accordance with the laws of the state of 27. Counterparts. The parties may sign several identical counterparts of this lease. Any fully signed coun- terpart shall be treated as an original. 28. Modification. This lease may be modified only by a writing signed by the party against whom such modi- fication is sought to be enforced. 29. Waiver. If one party waives any term or provision of this lease at any time, that waiver will be effective only for the specific instance and specific purpose for which the waiver was given. If either party fails to exercise or delays exercising any of its rights or remedies under this lease, that party retains the right to enforce tat term or provision at a later time. 30. Severability. If any court determines that any provision of this lease is invalid or unenforceable, any in- validity or unenforceability will affect only that provision and will not make any other provision of this lease invalid or unenforceable, and shall be modified, amended, or limited only to the extent necessary to render it valid and enforceable. Dated: tc-1/ t o t 2 0( .� LANDLORD TENANT 1 Name of Business: . , , NI N. 1 - Name of Business: Po \A0 �� l l c at 2 S' "`` v. RA, By: wet N ev'Q2 .r 4-- f Byit PkiPrinted Ne: En Y' t 4 vle. 1. t N ?— Title: DU. Q_e Title: 0 k) O -Q- Y' Address: ? S 23 �`�CoCe4'-nt, NIdress: (2_0 $ L- a J • -- Email: 34'Email: 0.-tfe' e_-I4P i t6639 GUARANTOR By signing,this lease, I personally guarantee the performance of all financial obli ationsof 25 23 f4,00-f'eR.-� Ci•Q J , OD Peer this lease.__ 0 (1u _.(1 �Z Dated:70, 20/S.Printed Name: �;.2t PO e If G.. Y' -e--Z Title: 0 (.v a) L r Address:21'23 O Cu„ 4 C --I t^2el l , (y0 �6 (°5f Email: r` (0. Printed Name:4.4‘.0, Ktt..i kct, LF140 Commercial Gross Lease 5-15, Pg.4 16. Damage to Premises A. If the premises are damaged through fire or other cause not the fault of Tenant, Tenant will owe no rent for any period during which Tenant is substantially deprived of the use of the premises. B. If Tenant is substantially deprived of the use of the premises for more than 90 days because of such dam- age, Tenant may terminate this lease by delivering written notice of termination to Landlord. 17. Notice of Default. Before starting a legal action to recover possession of the premises based on Tenant's default, Landlord will notify Tenant in writing of the default. Landlord will take legal action only if Tenant does not correct the default within ten days after written notice is given or mailed to Tenant. 18. Quiet Enjoyment. As long as Tenant is not in default ur der the terms of this lease, Tenant will have the right to occupy the premises peacefully and without interference. 19. Eminent Domain. This lease will become void if any part of the leased premises or the building in which the leased premises are located are taken by eminent domain. Tenant has the right to receive and keep any amount of money that the agency taking the premises by eminent domain pays for the value of Tenant's lease, its loss of business, and for moving and relocation expenses. 20. Holding Over. If Tenant remains in possession after this lease ends, the continuing tenancy will be from month to month. 22. Disputes ❑ Litigation. If a dispute arises, either party may take the matter to court. Q.(ediation and Possible Litigation. If a dispute arises, the parties will try in good faith to settle it through mediationrconducted by --, ❑ a mediator t mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, either party may take the matter to court. ❑ Mediation and Possible Arbitration. If a dispute arises, the parties will try in good faith to settle it through mediation conducted by ❑ a mediator to be mutually selected. The parties will share the costs of the mediator equally. Each party will cooperate fully and fairly with the mediator and will attempt to reach a mutually satisfactory compromise to the dispute. If the dispute is not resolved within 30 days after it is referred to the mediator, it will be arbitrated by ❑ an arbitrator to be mutually selected. Judgment on the arbitration award may be entered in any court that has jurisdiction over the matter. Costs of arbitration, including lawyers' fees, will be allocated by the arbitrator. Landlord need not participate in mediation or arbitration of a dispute unless Tenant has paid the rent called for by this lease or has placed any unpaid rent in escrow with an agreed upon mediator or arbitrator. 22. Additional Agreements. Landlord and Tenant additionally agree that: 5Q:11k-z\f-2Y' 23. Entire Agreement. This is the entire agreement between the parties. It replaces and supersedes any and ©nolo MCI www.nolo.com LF140 Commercial Gross Lease 5-15, Pg.3 Flat Iron 0 _ 0 [Mims Community College Innovate Educate .�I k't ,i C7 NO: /..1r.f't Polio reirx 0 Mkt.} DWO 1 /1JK rn Q 0 C 0 n 8/h Ave 806..;,/ 5reele.y (,c'k'mado Oi'AkN/NCB DeAWN 12K f f«arn !-ertvg r toff,?u 1'L) EN l U' dAims Community College Innovate Educate 2r l l(Z.t eleOJtC7 NO. /22 31VN anOA L)ATit cap./o6/zOPt CAD DW/O f'!LC'': D 31VN anOA D 3VIVN NnOA 0 1 rn 252., alit cmeae e3i 6.,! Otthey (..o/Qi (kJo O;F'AVVIN6 CtIA"L%L/): Community College innovate Educate SPECIAL WARRANTY DEED DOC EE: THIS DEED, made this 13th day of May, 2015 between Adrian O. Tarin and Luz Estella Tarin, of the County of Weld and State of Colorado, grantor(s), a . Miguel Nevarez-Lucero and Enrique Mendez -Hernandez whose legal address is 1208 24TH Avenue, Gree • , CO 80634 of the County of WELD and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of FOUR HUNDRED THOUSAND AND 00/100 DOLLARS ($400,000.00), the receipt and sufficiency of which is hereby acknowledged, has gr4nted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his/her heirs, and assigns forever, TENANTS IN COMMON, all the real property, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follow: Lots 6 and 7, Block 11, First Addition to Arlington Park, City of Greeley, County of Weld, State of Colorado. RESERVING HOWEVER, UNTO GRANTOR ALL OIL, GAS, AND OTHER MINERALS PRESENTLY OWNED BY SAID GRANTOR, IF ANY, IN, ON, UNDER, AND UPON AND THAT MAY BE PRODUCED FROM SAID PREMISES. also known by street and number as: 2525 South 8th Avenue, Greeley, CO 80631 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(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/her heirs, and assigns forever. The grantor(s), for himself/herself, his/her heirs, and personal representatives or successors, does covenant and agree that THEY shall and will WARRANT AND FORth ER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his/her heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or undlr the grantor(s). IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above. STATE OF COLORADO Adridn O. Tarin COUNTY OF WELD The foregoing instrument was acknowledged before me this May 13, 2015, by Adrian O. Tarin and Luz Este11i Tarin. My Commission expires: r BARBARA R COONROD NOTARY PUBLIC STATE OF COLORADO ` NOTARY ID 19874039682 MY COMMISSION EXPIRES FEBRUARY 23, 2019 W,ftness trtw hand find offiei'al Notary Public SPECIAL WARRANTY DEED Fite t 8473UTG BILL OF SALE KNOW BY ALL THESE PRESENT, That Adrian O. Tarin and Luz Estella Tarin of the County of Weld, in the tate of Colorado, Seller(s), for all and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDER TION to him in hand paid at or before the ensealing or delivery of these presents by Miguel Nevarez-Lucero and Enrique lendez- Hernandez of the County of Weld, in the State of Colorado, Purchaser(s), the receipt of which is hereby acknowledged has h gained and sold, and by these presents does grant and convey unto the said Purchaser(s), his personal representatives, successors anc� ssigns, the following property, goods and chattels, to wit: a. Inclusions. The Purchase Price includes the following items (Inclusions): (1) Fixtures. If attached to the Property on the date of the contract, the following items are included unless excluded und,e Exclusions: lighting, heating, plumbing, ventilating and air conditioning fixtures, TV antennas, inside telephone, n ork and coaxial (cable) wiring and connecting blocks/jacks, plants, mirrors, floor coverings, intercom systems, built-in tchen appliances, sprinkler systems and controls, built-in vacuum systems (including accessories), garage door openers in uding N/A remote controls: Other Fixtures: f'Qtl)l WALK—IN COOLER If any fixtures are attached to the Property after the date of this Contract, such additional fixtures are also included in the Pur ase Price. (2) Personal Property. If on the Property, whether attached or not, on the date of the Contract, the following items are i luded unless excluded under Exclusions: storm windows, storm doors, window and porch shades, awnings, blinds, screens, indow coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds and all keys. If checked, the following are included: () Water Softeners 0 Smoke/Fire Detectors 0 Carbon Monoxide Ala s (X) Security System () Satellite Systems (Including satellite dishes). Other Personal Property: NONE The Personal Property to be conveyed at Closing must be conveyed by Seller free and clear of all taxes (except personal prope taxes for the year of Closing), liens and encumbrances, except N/A. (3) Parking and Storage Facilities. (X) Ownership of the following parking facilities: ALL PARKING ON DEEDE LOT; and ( ) Use Only ( ) Ownership of the following storage facilities: b. Exclusions. The following items are excluded (Exclusions): Along with all oil, gas and other minerals in and under the bove described property and all oil, gas, and other minerals that may be produced from the above described property. c. Water Rights, Well Rights, Water and Sewer Taps. (1) Deed Water Rights. The following legally described water rights: N/A Any deeded water rights will be by a good and sufficient N/A deed at closing. (2) Other Rights Relating to Water: The following rights relating to water not included in §§ 1, 3, 4 and 5, will be tram rred to Buyer at Closing: NONE. (3) Well Rights. Seller agrees to supply required information to Buyer about the well. Buyer understands that if the well t be transferred is a "Small Capacity Well" or a "Domestic Exempt Water Well," used for ordinary household purposes, Bu er must, prior to or at Closing, complete a Change in Ownership form for the well. If an existing well has not been regis red with the Colorado Division of Water Resources in the Department of Natural Resources (Division), Buyer must comp to a registration of existing well form for the well and pay the cost of registration. If no person will be providing a closin ervice in connection with the transaction, Buyer shall file the form with the Division within sixty days after Closing. The We Permit # is: N/A. (4) Water Stock Certificates. The water stock certificates to be transferred at Closing are as follows: N/A (5) Water and Sewer Taps. Note: Buyer is advised to obtain, from the provider, written confirmation of the amouh remaining to be paid, if any, time and other restrictions for transfer and use of the tap. (6) Conveyance. If Buyer is to receive any rights to water pursuant to § 2 (Other Rights Relating to Water), § 3 (Well Ri ts), or § 4 (Water Stock Certificates), Seller agrees to convey such rights to Buyer by executing the applicable legal instrum t at Closing. located at 2525 South 8th Avenue, Greeley, CO 80631 TO HAVE AND TO HOLD the same unto the Purchaser(s), his personal representatives, successors and assigns, forever. ie said Seller(s) covenants and agrees with the Purchaser(s) his personal representatives, successors and assigns to WARRANT and FEND the sale of said property, goods and chattels, against all and every person or persons whomsoever. When used herein, the sing l r shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, The Seller(s) have hereunto set their hands and seals, this 13th day of May, 2015. Adrian O. Tarin State of Colorado County of WELD The foregoing instrument was acknowledged before me this 13th day of May, 2015, by Adrian O. Tarin and Luz Estellarin. Witness my hand and seal. My con uis!tt R COONROD RY PUBLIC STATE OF COLORADO ggggg MY COMMISSION EXPIRES FE-RUARY 232019 City of Greelev Great. From the Ground Up. Utility Billing Department utility. billing(a,greeleygov.com Phone: (970) 350-9260 Fax: (970) 350-9736 Service Address: Title Co.: Unified Title Company Contact Name: Barb Coonrod Email: bcoonrod@unifiedtitle.com hone: 970-356-3551 TRANSFER OF OWNERSHIP ***Completed Document Must Be Emailed or Faxed Immediately After Closing* Name(s): G Forwarding Address: Signature(s) Seller Information Phone: * * Name(s) L, Mailing Address: /*ee V/,&a- Buyer Information - A 1 ('' Driver's License/I.D. Number(s): Phone: Signature(s):. ,fin .ry(c:.cc_ (MP ) As a representative of the Title Company listed above, I certify that the driver's license/ I.D. number() and identities of the buyers have been verified by our office. We understand that services will not be transferred to buyer until this completed document is received by the City of Greeley. Signature: Printed Name: Barb Coonrod Title: Closing Agent Date: Finance -Financial Services • 1000 10th Street, Greeley, CO 80631 • (970) 350-9731 We promise to preserve and improve the quality of life for Greeley through timely, courteous and cost-effective service. Unified Title Company of Northern Colorado, LLC 3690 West 10th Street, 2nd Floor Greeley, CO 80634 PHONE: 970-356-3551 FAX: 970-356-2063 PURCHASERS SETTLEMENT STATEMENT SETTLEMENT DATE: PROPERTY ADDRESS: SELLER: LEGAL DESCRIPTION: May 13, 2015 2525 South 8th Avenue Greeley, CO 80631 Adrian O. Tarin and Luz Estella Tarin Lot 6 & 7, Block 11, Arlington Park 1st Addition, County of Weld, State of Colorado. CASE NO.: 8473UTG DATE OF PRORATION: May 13, 2015 PURCHASER: Miguel Nevarez-Lucero and Enrique Mendez -Hernandez DESCRIPTION Deposit or earnest money Principal amount of new loan(s) from Adrian O. Tarin and Luz Estella Tarin Add'l down payment County Property Taxes 1/1/2015 thru 5/12/2015 Contract Sales Price Settlement or closing fee to Unified Title Co. of Northern Colorado (Greeley) Title insurance to Unified Title Co. of Northern Colorado (Greeley) Tax Certificate to Unified Title Co. of Northern Colorado (Greeley) Recording Fees to Weld County Clerk And Recorder State tax/stamps to eTRCO, LLC Attorney fees to Cohen, Payton and Payne LLC Sub -totals Balance Due To Purchaser TOTALS DEBIT CREDI APPROVED AND ACCEPTED $400,000.00 $160.00 $125.00 $25.00 $56.00 $40.00 $350.00 $400,756.00 $557.83 $401,313.83 $5,000.00 $150,00.00 $245, 00.00 $1, 3.83 $401,3; 3.83 $401,3 ` 3.83 Sales or use taxes on personal property not included UNIFIED TITLE COMPANY OF NORTHERN COLORADO, LLC assumes no responsibility for the adjustment of special taxes or assessments unless they are shown on the Treasurer's Certificate of Taxes 1101e. The condition of title to the property is to be determined by reference to the title evidence provided by Seller or by personal investigation. The above statement of settlement is approved as of the settlement date shown above and Escrow Holder is hereby authorized to disburse as Trustee funds as indicated. Purchaser Miguel Nevarez-Lucero Closing Agent Enrique Mendez -Hernandez Unified Title Company of Northern Colorado, LLC A. Settlement Statement U.S. Department of Housing OMB No. 2502.0265 and Urban Development B. Type of Loan 1. O FHA 2. O FmHA 3. O Cony Unins 4. O VA 5. ❑ Cony Ins. 6. ❑x Seller Finance 7. O Cash Sale 6. File Number 8473UTG 7. Loan Number 8. Mortgage Ins Case Number C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.e.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower Miguel Nevarcz-Luecro and Enrique Mendez- Hernandez 1208 24th Avenue Greeley, CO 80634 E. Name & Address of Seller Adrian O. Turin and Luz Estella Turin 2525 South 8th Avenue Greeley, CO 80634 F. Name & Address of Lender Adrian O. Turin and Luz Estella Tarin 2523 South 8th Avenue Greeley, CO 80634 G. Property Location Lot 6 & 7, Block 11, Arlington Park 1st Addition, County of Weld, State of Colorado. 2525 South 8th Avenue Greeley, CO 80631 H. Settlement Agent Name Unified Title Company of Northern Colorado, LLC 3690 West 10th Street, 2nd Floor Greeley, CO 80634 Place of Settlement Unified Title Co. of Northern Colorado (Greeley) 3690 West 10th Street, 2nd Floor Greeley, CO 80634 I. Settlement Date 5/13/2015 Fund: 5/13/2015 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due from Borrower 400. Gross Amount Due to Seller 101. Contract Sales Price $400,000.00 401. Contract Sales Price $400, 00.00 102. Personal Property 402. Personal Property 103. Settlement Charges to borrower $756.00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City property taxes 406. City property taxes 107. County Property Taxes 407. County Property Taxes 108. Assessment Taxes 408. Assessment Taxes 109. School property taxes 409. School property taxes 110. HOA Dues 410. HOA Dues ill. Other Taxes 411. Other Taxes 112. 412. 113. 413. 114. 414. 115. 415. 116. 416. 120. Gross Amount Due From Borrower $400,756.00 420. Gross Amount Due to Seller $401,000.00 200. Amounts Paid By Or in Behalf Of Borrower 500. Reductions in Amount Due to Seller 201. Deposit or earnest money $5,000.00 501. Excess Deposit 202. Principal amount of new loan(s) $150,000.00 502. Settlement Charges to Seller (line 1400) $61505.00 203. Existing loan(s) taken subject to 503. Existing Loan(s) Taken Subject to 204. Loan Amount 2nd Lien 504. Owner carry 5151;)00.00 205. 505. 206. Add'I down payment $245,000.00 506. 50% proceeds to Dvorak and Associates LL $118$000.00 207. 507. 25% proceeds to Kimberly Graham $57,500.00 208. 508. 25% proceeds to Kelly Kincaid $59,500.00 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City property taxes 510. City property taxes 211. County Property Taxes 01/01/15 thru 05/12/15 $1,313.83 511. County Property Taxes 01/01/15 thru 05/12/15 7,313.83 212. Assessment Taxes 512. Assessment Taxes 213. School property taxes 513. School property taxes 214. HOA Dues 514. HOA Dues 215, Other Taxes 515. Other Taxes 216. 516. 217. 517. 218. 518. 219. 519. I 220. Total Paid By/For Borrower $401,313.83 520. Total Reduction Amount Due Seller $388118.83 300. Cash At Settlement From/To Borrower 600. Cash At Settlement To/From Seller II 301. Gross Amount due from borrower (line 120) $400,756.00 601. Gross Amount due to seller (line 420) $40000.00 302. Less amounts paid by/for borrower (line 220) $401,313.83 602. Less reductions in amt. due seller (line 520) $38 118.83 303. Cash To Borrower $557.83 603. Cash To Seller $11.881.17 Section 5 of the Real Estate Settlement Procedures Act (RESPA) requires the Section 4(a) of RESPA mandates that HUD develop and prescribe this standard following: • HUD must develop a Special Information Booklet to help persons form to be used at the time of loan settlement to provide full disclosure borrowing money to finance the purchase of residential real estate to better charges imposed upon the borrower and seller. These are t tird party diStlosures understand the nature and costs of real estate settlement services; that are designed to provide the borrower with pertinent information piing • Each lender must provide the booklet to all applicants from whom it receives settlement process in order to be a better shopper. or for whom it prepares a written application to borrow money to finance the The Public Reporting Burden for this collection of information is estimated purchase of residential real estate; • Lenders must prepare and distribute with average one hour per response, including the time for reviewing in ttuctions the Booklet a Good Faith Estimate of the settlement costs that the borrower is searching existing data sources, gathering and maintaining the data needed, likely to incur in connection with the settlement. These disclosures are completing and reviewing the collection of information. mandatory. This agency may not collect this information, and you are not rehired complete this form, unless it displays a currently valid OMB control nttmber. The information requested does not lend itself to confidentiality. of all the to and to revious Edmons (386) File No. 8473UTG L. Settlement Charges 700. Total Sales/Broker's Commission based on price $400,000.00 @ % =$5,000.00 Paid From Borrower's Funds at Settlement Paid Sel Fund Settle om a 's at ent Division of Commission (line 700) as follows: 701. $5,000.00 to Wheeler Management Group 702. to 703. Commission Paid at Settlement $0.00 $5 100.00 800. Items Payable in Connection with Loan 801. Loan Origination Fee % to 802. Loan Discount % to 803. Appraisal Fee to 804. Credit Report to 805. Lender's Inspection Fee to 806. Mortgage Insurance Application to 807. Assumption Fee to 900. Items Required by Lender To Be Paid in Advance 901. Interest from 5/13/2015 to 6/1/2015 @ $0/day 902. Mortgage Insurance Premium for months to 903. Hazard Insurance Premium for years to 1000. Reserves Deposited With Lender 1001. Hazard insurance months @ per month 1002. Homeowner's insurance months @ per month 1003. City property taxes months @ per month 1004. County property taxes months @ $302.75 per month 1005. Assessment Taxes months @ per month 1006. School property taxes months @ per month 1007. HOA Dues months @ per month 1008. Other taxes months @ per month 1011. Aggregate Adjustment 1100. Title Charges 1101. Settlement or closing fee to Unified Title Co. of Northern Colorado (Greeley) $160.00 `160.00 1102. Abstract or title search to 1103. Title examination to 1104. Title insurance binder to 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees to (includes above items numbers: 1108. Title insurance to Unified Title Co. of Northern Colorado $125.00 $ !:' 69.00 (includes above items numbers: 1109. Lender's coverage 5150,000.00/S150.00. 1110. Owner's coverage 5400,000.00/$1,269.00 1111. Courier/Messenger Fee to 1112. Release Processing Fee to 1113. Wire/Check Fee to 1114. Loan Closing Fee to 1115. E-mail loan doc fee to 1 1 16. E-Recording,Mailing and Processing Fee to 1117. 0 -Recording Fee to eTRCO, LLC 1118. E -Recording Processing/Verification Fee to eTRCO, LLC 11 l9. Tax Certificate to Unified Title Co. of Northern Colorado (Greeley) - $25.00 1200. Government Recording and Transfer Charges 1201. Recording Fees Deed $20.00 ; Mortgage 536.00 ; Rel to Weld County Clerk And Recorder $56.00 1202. City/county tax/stamps Deed ; Mortgage to eTRCO, LLC 1203. State tax/stamps Deed $40.00 ; Mortgage to eTRCO, LLC $40.00 1204. Certified Copies to eTRCO, LLC 1205. E -Recording Fee to eTRCO, LLC 1206. Release fee to Weld County Public Trustee .26.00 1300. Additional Settlement Charges 1301. Survey to 1302. Pest Inspection to 1303. 2014 taxes paid in full $3545586 to Weld County Treasurer POC (S) $3,632.94 $0.00 1304. Attorney fees to Cohen, Payton and Payne LLC $350.00 ' 50.00 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section K) $756.00 $1,:05.00 Previous Editions are Obsolete Page 2 form HUD: Handbook (3/86) •305.2 File No. 8473UTG I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a completed copy of pages I, 2 and 3 of this HUD -I Element Statement. 4 Miguel Nevarez-Lucero ria arm ChC4.— Enrique Mendez -Hernandez SETTLEMENT AGENT CERTIFICATION The H . •-1 ' -ttlement Statement which I have prepared is a true and accurate acc. nt • is transac n. I caused the nds to disbursed/ i rd. ��is temdntr lj nT Agent Date Warning: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. ace Lu L.s -ltsTarin Previous Editions are Obsolete Page 3 form HU iil (3/86) Handbo li 4305.2 REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39-14-102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county cler and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39-14-102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, th clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaratio be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39-14-102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39-5-121.5, C.R.S and 39-13-102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. box numbers. 2525 South 8th Avenue, Greeley, CO 80631 Lot 6 & 7, Block 11, Arlington Park 1st Addition, County of Weld, State of Colorado. 2. Type of property purchased: [Single Family Residential [fownhome ❑Condominium ❑Multi -Unit R s ®Commercial [industrial [Agricultural [Nixed Use ['Vacant Land ❑0ther 3. Date of closing: May 13 2015 Month Day Year ..Date of contract if different than date of closing: April 7, 0215 Month, Day, Year 4. Total Sales Price: including all real and personal property. $400,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is n t listed, the entire purchase price will be assumed to be for the real property as per 39-13-102, C.R.S. DYes No If yes, approximate value $ Describe 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the Dproximate value of the goods or services as of the date of closing. Yes ZNo If yes, approximate value $ If yes, does this transaction involve a trade under IRS Code Section 1031?❑Yes DNo 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. ZYes :No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include . ersons within the same family, business affiliates, or affiliated corporations. DYes o 9. Check an of the following that a ['NewDExcellent ['Good ,O rr y to the condition of the improvements at the time of purchase. verage DFair ['Poor [Salvage. 12. 13. For and 14. 15. 16. Rei 17. 18. to property is financed, please complete the following. Total amount financed. $200,000.00 - /c..: -J3 6th' <<`' v Type of financing: (Check all that apply) New ssumed eller ❑Third Party ['Combination; Explain Terms: ['Variable; Starting interest rate ['Fixed; Interest rate % ❑Length of time years ['Balloon payment ['Yes ['No. If yes, amount Due Date Please explain any special terms, seller concessions, or financing and any other information that would he the assessor understand the terms of sale. p properties other than residential (Residential is defined as: sin family detached, townhomes, apartments condominiums) please complete questions 14-16 if applic e. Otherwise, skip to #17 to complete. Did the purchase price include a franchise or lic a fee? [Yes [No If yes, franchise or license fee value $ Did the purchase price involy installment land contract? ['Yes ❑No If yes, date of contract If this wa acant land sale, was an on -site inspection of the property conducted by the buyer prior to t clo ' es ['No larks: Please include any additional information concerning the sale you may feel is important. Signed this 13 day of May 2015 Enter the day, month, and year, have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Please designate buyer or seller. .4.0 1. --- Signature of Grantee (Buyer) or Grantor (Seller) ■ All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed tc Address (mailing) Daytime Phone City, State and Zip Code a 2 3 4 IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. 5 6 THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL 7 SHOULD BE CONSULTED BEFORE SIGNING. 8 9 10 11 U.S. $ 150,000.00 12 13 14 15 16 17 18 19 20 21 22 23 2. Borrower shall pay to Note Holder a late charge of 5% of any payment not received by Note Holder 24 within 4 days after the payment is due. 25 26 27 28 29 30 4. If any payment required by this Note is not paid when due, or if any default under any Deed of Trust 31 securing this Note occurs, the entire principal amount outstanding and accrued interest thereon shall at once 32 become due and payable at the option of Note Holder (Acceleration); and the indebtedness shall bear interest 33 at the rate of 9 percent per annum from the date of default. Note Holder shall be entitled to collect all 34 reasonable costs and expense of collection and/or suit, including, but not limited to reasonable attorneys' fees. 35 36 5. Borrower may prepay the principal amount outstanding under this Note, in whole or in part, at any time 37 without penalty except none. 38 39 Any partial prepayment shall be applied against the principal amount outstanding and shall not postpone the 40 due date of any subsequent payments or change the amount of such payments. 41 42 6. Borrower and all other makers, sureties, guarantors, and endorsers hereby waive presentment, notice of 43 dishonor and protest, and they hereby agree to any extensions of time of payment and partial payments 44 before, at, or after maturity. This Note shall be the joint and several obligation of Borrower and all other 45 makers, sureties, guarantors and endorsers, and their successors and assigns. 46 47 7. Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective 48 upon (a) delivery to Borrower or (b) by mailing such notice by first class U.S. mail, addressed to Borrower at 49 Borrower's address stated below, or to such other address as Borrower may designate by notice to Note 50 Holder. Any notice to Note Holder shall be in writing and shall be given and be effective upon (a) delivery to 51 Note Holder or (b) by mailing such notice by first class U.S. mail, to Note Holder at the address stated in the 52 first paragraph of this Note, or to such other address as Note Holder may designate by notice to Borrower. No. NTD8I-10-06. PROMISSORY NOTE Page 1 of 2 eIA( T,/ M9 Initial The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (NTD81-10-06) (Mandatory I-07) 3. Payments received for application to this Note shall be applied first to the payment of late charges, if any, second to the payment of accrued interest at the default rate specified below, if any, third to accrued interest first specified above, and the balance applied in reduction of the principal amount hereof. PROMISSORY NOTE Greeley, Colorado Date: May 13, 2015 1. FOR VALUE RECEIVED, the undersigned (Borrower) promise(s) to pay Adrian O. Tarin and Luz Estela Tarin (Note Holder) or order, the principal sum of One Hundred Fifty Thousand Dollars ($150,000), with interest on the unpaid principal balance from May 13, 2015, until paid, at the rate of 0 percent per annum. Principal and interest shall be payable at 2729 S. 8'h Avenue, Greeley, CO 80631, or such other place as Note Holder may designate, in 30 payments of Five Thousand Dollars (U.S. $5,000), due on the first day of each month, beginning July 1, 2015. Such payments shall continue until the entire indebtedness evidenced by this Note is fully paid; provided, however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on December I, 2017. 53 54 8. The indebtedness evidenced by this Note is secured by a Deed of Trust dated May 13, 2015, and until 55 released said Deed of Trust contains additional rights of Note Holder. Such rights may cause Acceleration of 56 the indebtedness evidenced by this Note. Reference is made to said Deed of Trust for such additional terms. 57 Said Deed of Trust grants rights in the following legally described property located in the County of Weld, 58 State of Colorado: 59 60 Lots 6 and 7, Block 11, First Addition to Arlington Park, City of Greeley, 61 County of Weld, State of Colorado. 62 63 known as No. 2525 South 8d Avenue, Greeley, CO 80631 (Property Address). 64 Street Address, City, State, Zip 65 66 (CAUTION: SIGN ORIGINAL NOTE ONLY/RETAIN COPY) 67 68 IF BORROWER IS NATURAL PERSON(S): 69 70 l/t'lK,yl 71 Miguel Nevarez-Lucero Enrique Mendez -Hernandez 72 73 74 Borrower's address: 75 76 77 78 KEEP THIS NOTE IN A SAFE PLACE. THE ORIGINAL OF THIS NOTE MUST BE EXHIBITED TO THE 79 PUBLIC TRUSTEE IN ORDER TO RELEASE A DEED OF TRUST SECURING THIS NOTE. No.NTDSI-10-06. PROMISSORY NOTE Page 2 of 2 Initial 1 2 The printed portions of this form, except differentiated additions, have been approved by the Colorado Real Estate Commission. (TD72-8-10) (Mandatory 1-I1) 3 4 IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. 5 THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSUL ED 6 BEFORE SIGNING. 7 8 DEED OF TRUST 9 (Due on Transfer — Strict) to I I THIS DEED OF TRUST is made this 13th day of May, 2015, between Miguel Nevarez-Lucero and Enrique Mendez -Her ndez 12 (Borrower), whose address is 2525 South 8a' Avenue, Greeley, CO 80631; and the Public Trustee of the County in whi h the 13 Property (see § 1) is situated (Trustee); for the benefit of Adrian O. Tarin and Luz Estela Tarin (Lender), whose address is 14 2729 South 8'h Avenue, Greeley, CO 80631. 15 16 Borrower and Lender covenant and agree as follows: 17 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, ereby 18 grants and conveys to Trustee in trust, with power of sale, the following legally described property located in the County of eld, 19 State of Colorado: 20 21 Lots 6 and 7, Block 11, First Addition to Arlington Park, City of Greeley, County of Weld, State of Colorado. 22 23 known as No. 2525 South 8`h Avenue, Greeley, CO 80631 (Property Ad ress), 24 Street Address City State Zip 25 together with all its appurtenances (Property). 26 2. Note: Other Obligations Secured. This Deed of Trust is given to secure to Lender: 27 2.1. the repayment of the indebtedness evidenced by Borrower's note (Note) dated May 13, 2015 in the pri cipal 28 sum of One Hundred Fifty Thousand Dollars (U.S. $150,000), with interest on the unpaid principal balance from Mav 13 2015 29 until paid, at the rate of 0 percent per annum, with principal and interest payable at 2729 South 8`h Avenue, Greeley, CO 0631 30 or such other place as Lender may designate, in 30 payments of Five Thousand Dollars (U.S. $5,000), due on th first 31 day of each month beginning July 1, 2015; such payments to continue until the entire indebtedness evidenced by said ote is 32 fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon shall be d e and 33 payable on December 1, 2017 ; and Borrower is to pay to Lender a late charge of 5% of any payment not received by ender 34 within 4 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said N te, in 35 whole or in part, at any time without penalty except none; 36 2.2. the payment of all other sums, with interest thereon at 9% per annum, disbursed by Lender in accordanc with 37 this Deed of Trust to protect the security of this Deed of Trust; and 38 2.3. the performance of the covenants and agreements of Borrower herein contained. 39 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warran s title 40 to the same, subject to general real estate taxes for the current year, easements of record or in existence, and re orded 41 declarations, restrictions, reservations and covenants, if any, as of this date; and subject to none. 42 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest n the 43 indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other 44 covenants contained in the Note. 45 5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lend r first 46 in payment of amounts due pursuant to § 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by ender 47 pursuant to § 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note 48 6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obli ations 49 under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fin s and 50 impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold paym nts or 5l ground rents, if any, in the manner set out in § 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid i such 52 manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall of be 53 required to make payments otherwise required by this section if Borrower, after notice to Lender, shall in good faith ntest 54 such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforce ent of 55 the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested paymen s and 56 other payments as ordered by the court to the registry of the court in which such proceedings are filed. No. TD72-8-10. DEED OF TRUST (Due on Transfer — Strict) Page 1 of S 57 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Pr perty 58 insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the 1 ser of 59 (a) the insurable value of the Property or (b) an amount sufficient to pay the sums secured by this Deed of Trust as well s any 60 prior encumbrances on the Property. All of the foregoing shall be known as "Property Insurance." 61 The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be hosen 62 by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and re ewals 63 thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shal otify 64 Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies s all be 65 furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. 66 In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof f loss 67 if not made promptly by Borrower. 68 Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided said restoration or re air is 69 economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair s not 70 economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the 71 sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrowe , or if 72 Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with § 16 (Notice) by Le er to 73 Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and a ly the 74 insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this ed of 75 Trust. 76 Any such application of proceeds to principal shall not extend or postpone the due date of the installments referre to in 77 §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount o such 78 installments. Notwithstanding anything herein to the contrary, if under § 18 (Acceleration; Foreclosure; Other Remedi s) the 79 Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and o the 80 proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the 81 sums secured by this Deed of Trust immediately prior to such sale or acquisition. 82 All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and ins rance 83 proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and pr eeds. 84 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not c mmit 85 waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this ed of 86 Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, 87 or other documents governing the use, ownership or occupancy of the Property. 88 9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under § 6 ab ve, if 89 Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior 1 en, or 90 if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Le der's 91 option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such actio as is 92 necessary to protect Lender's interest, including, but not limited to: 93 9.1. any general or special taxes or ditch or water assessments levied or accruing against the Property; 94 9.2. the premiums on any insurance necessary to protect any improvements comprising a part of the Prope 95 9.3. sums due on any prior lien or encumbrance on the Property; 96 9.4. if the Property is a leasehold or is subject to a lease, all sums due under such lease; 97 9.5. the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's i terest 98 in the Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securi g the 99 Property, receiver's fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and c sts of 100 an attorney in the employment of Lender or holder of the certificate of purchase; 101 9.6. all other costs and expenses allowable by the evidence of debt or this Deed of Trust; and 102 9.7. such other costs and expenses which may be authorized by a court of competent jurisdiction. 103 Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Prope or by 104 law or otherwise to cure any default under said prior encumbrance. 105 Any amounts disbursed by Lender pursuant to this § 9, with interest thereon, shall become additional indebtedn ss of 106 Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting p ment 107 thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in § 2.2 (Note: Other Obli ations 108 Secured). Nothing contained in this § 9 shall require Lender to incur any expense or take any action hereunder. 109 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, p vided 110 that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Le der's Ill interest in the Property. No. TD72-8-10. DEED OF TRUST (Due on Transfer — Strict) Page 2 of 5 112 11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection wi h any 113 condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby as igned 114 and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with res ct to 115 such proceeds are subject to the rights of any holder of a prior deed of trust. 116 In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trus with 117 the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking o t any 118 part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, in the same ratio s the 119 amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity n the 120 Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Pr perty 121 less the amount of sums secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the ward, 122 all at the value immediately prior to the date of taking. 123 If the Property is abandoned by Borrower or if, after notice by Lender to Borrower that the condemnor offers to m ke an 124 award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is iven, 125 Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the 126 sums secured by this Deed of Trust. 127 Any such application of proceeds to principal shall not extend or postpone the due date of the installments referre to in 128 §§ 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount o such 129 installments. 130 12. Borrower not Released. Extension of the time for payment or modification of amortization of the sums sec d by 131 this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any mann r, the I32 liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lende shall 133 not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise odify 134 amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borr wer's 135 successors in interest. 136 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy here nder, 137 or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 138 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumula ive to 139 all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exe cised 140 concurrently, independently or successively. 141 15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements erein 142 contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Bo ower, 143 subject to the provisions of § 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower s II be 144 joint and several. The captions and headings of the sections in this Deed of Trust are for convenience only and are not to used 145 to interpret or define the provisions hereof. 146 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower p vided 147 for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) ailing 148 such notice by first class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other addr ss as 149 Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and s all be 150 given and be effective upon (I) delivery to Lender or (2) mailing such notice by first class U.S. mail, to Lender's address rated 151 herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in 152 this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein 153 17. Governing Law; Severability. The Note and this Deed of Trust shall be govemed by the law of Colorado, n the 154 event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other 155 provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this e d the 156 provisions of the Deed of Trust and Note are declared to be severable. 157 18. Acceleration; Foreclosure; Other Remedies. Except as provided in § 24 (Transfer of the Property; Assum tion), 158 upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a pr' r lien 159 upon the Property, (unless Borrower has exercised Borrower's rights under § 6 above), at Lender's option, all of the sums 160 secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may i yoke 161 the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and ex enses 162 incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees. I63 If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall giv such 164 notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice and shall cause 165 publication of the legal notice as required by law in a legal newspaper of general circulation in each county in whi h the 166 Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. A r the 167 lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auc on to No. TD72-8-10. DEED OF TRUST (Due on Transfer — Strict) Page 3 of 5 168 the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one 169 or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designe may 170 purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the 171 purchase money. 172 Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of th sale, 173 including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured y this 174 Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 175 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any su s due 176 hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all deli quent I77 principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the 178 manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in ful force 179 and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. I80 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security here nder, 181 Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration unde § 18 182 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such r nts as 183 they become due and payable. 184 Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Accel ration 185 under § 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by fore losure 186 proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solv cy or 187 insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver ay be 188 appointed by any Court of competent jurisdiction upon ex parte application and without notice; notice being hereby ex ressly 189 waived. 190 Upon Acceleration under § 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Len er, in 191 person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Pr perty 192 and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be a plied, 193 first to payment of the costs of preservation and management of the Property, second to payments due upon prior liens, an then 194 to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents a tually 195 received. 196 21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this D ed of 197 Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Tr stee's 198 fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with § 16 (Notice from 199 Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay t e cost 200 thereof to effect the release of this Deed of Trust. 201 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Pr perty 202 under state or federal law presently existing or hereafter enacted. 203 23. Escrow Funds for Taxes and Insurance. This § 23 is not applicable if Funds, as defined below, are bein paid 204 pursuant to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of princi I and 205 interest are payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to -0- of the early 206 taxes and assessments which may attain priority over this Deed of Trust, plus -0- of yearly premium installments for Pr perty 207 Insurance, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bit s and 208 reasonable estimates thereof, taking into account any excess Funds not used or shortages. 209 The principal of the Funds shall be held in a separate account by Lender in trust for the benefit of Borrower and de sited 210 in an institution, the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall ap ly the 211 Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the unds, 212 analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrow r any 213 interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds sh wing 214 credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pled ed as 215 additional security for the sums secured by this Deed of Trust. 216 If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums they 217 fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date n ice is 218 given in accordance with § 16 (Notice) by Lender to Borrower requesting payment thereof. Provided however, if th loan 219 secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts, such deficiency, surplus r any 220 other required adjustment shall be paid, credited or adjusted in compliance with such applicable laws. 221 Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds 222 held by Lender. If under § 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is oth rwise 223 acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by nder, No. TD72-8-10. DEED OF TRUST (Due on Transfer— Strict) Page 4 of 5 224 whichever occurs first, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of 225 Trust. 226 24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer': (i) a 227 transfer or conveyance of title (or any portion thereof; legal or equitable) of the Property (or any part thereof or interest th rein); 228 (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Props (or 229 any part thereof or interest therein); (iii) or an agreement granting a possessory right in the Property (or any portion then f), in 230 excess of 3 years; (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or r ceive, 231 more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in Bo rower 232 and (v) the reorganization, liquidation or dissolution of Borrower. Not to be included as a Transfer are (x) the creation o a lien 233 or encumbrance subordinate to this Deed of Trust; (y) the creation of a purchase money security interest for hou ehold 234 appliances; or (z) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the elec on of 235 Lender, in the event of each and every Transfer: 236 24.1. All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). 237 24.2. If a Transfer occurs and should Lender not exercise Lender's option pursuant to this § 24 to Acc erate, 238 Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including a sums 239 secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides This 240 covenant shall run with the Property and remain in full force and effect until said sums are paid in full. Lender may ithout 241 notice to Borrower deal with Transferee in the same manner as with Borrower with reference to said sums includi g the 242 payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way alte ng or 243 discharging Borrower's liability hereunder for the obligations hereby secured. 244 24.3. Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to § 24.2 abo e, the 245 mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had ac ual or 246 constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Len er be 247 estopped therefrom by virtue thereof. The issuance on behalf of Lender of a routine statement showing the status of th loan, 248 whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender s said 249 rights. 250 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. 251 252 253 254 255 256 Miguel Nevarez- Lucero 257 STATE OF COLORADO COUNTY OF WELD EXECUTED BY BORROWER. Enrique Mendez -Hernandez The foregoing instrument was acknowledged before me this 13°i day of Mav, 2015, by Miguel Nevarez-Lucero and E}trique Mendez -Hernandez. BARBARA R COONROD NOTARY PUBLIC STATE OF COLORADO NOTARY Ip 8749p, 6® 2 MY COMMISSION EXPIRES FEMARY 23, 2019 Witness my hand and official My cousin ssion ex ires: NotVy14G�7ic ifrgbd 258 *If a natural person or persons, insert the name(s) of such person(s). If a corporation, insert, for example, "John Doe as President and 1 e Doe 259 as Secretary of Doe & Co., a Colorado corporation." If a partnership, insert, for example, "Sam Smith as general partner in and for S ith & 260 Smith, a general partnership." A Statement of Authority may be required if borrower is a limited liability company or other entity (§ 8-30- 261 172, C.R.S.) 262 No. TD72-8-10. DEED OF TRUST (Due on Transfer — Strict) Page 5 of 5 DR 8404-1 (03/13/15) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Individual History Record 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 or Tavern 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) PO1 Name of Business Home Phone Number Cellular Number ` O �l i Z 9 i o .34-8-0I-5-6 91-0 313 '751/7- 2. You Full Name (last, first, midK Lfl. c c o U. 11(3._. 3. List any other names you have used - N(A- 4. Mailing address (if different from residence) Email Address N/A - 5. List current residence address. Include any previous addresses within the last five years. (Attach separate sheet if necessary) Street and Number City, State, Zip From To Current 1. o g/ 21+ 6,v.. Gre,ie..,..., ea (,.3 J Zoo3 Presto` Previous 6. List all employment within the last five years. Include any self-employment. (Attach separate sheet if necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From To NIA` 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 NI ] --.....,.,,,,,.., N. A 1 8. Have you ever applied for, held, or had an interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment or inventory to any licensee? (If yes, answer in detail.) ❑ Yes No 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) Yes No A 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.) ❑ Yes No 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.) 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 question #13 is solely for identification purposes. ❑ Yes No 13a./Date ! Social Security Number c. Place f Birth rum-) °) 14 )( d. U.S. Citizen Li Yes ❑ No e. If Natur lized, state w o� a ct, G f. When lI 11 y g. ame of District Cou 'Nu o_.i,-r6i.c O h. Naturalization Certificate Number i. Date of Certification !S9 j. If an Alien, Give Alien's Registration Card Number - 0 IA k. Permanent Residence Card Number I. Heights Jets m. Weight 2r{b n. Hoir Color biota) o. Eye Color fr6iDA) p. G er q. Race I,AQ x- r. Do you have a current Driver's License/ID? If so, give number and state. gYes No # 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ i,�yR.so b. List the total amount of the personal investment , made by the person listed on question #2, in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases or fees paid. $ )1 q $.50 * If corporate investment only please skip to and complete section (d) ** Section b should reflect the total of sections c 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: Cash, Services or Equipment Account Type Bank Name Amount .c}*e Li (.eanse, Fees InOt us-Lii LLein.St Fees "burl) Qx./ ►'1. ►mss keJ ?and k01,1Zaik n�Jone j ()rd r681-i.so 88a.5o 9 ll8 so d. Provide details of the corporate investment described in 14 b. 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 e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount I Oath of Applicant I declare under penalty of p:y�Wat this application and all attachments are true, correct, and complete to the best of my knowledge. orized Signa ure • P int Signatur Lv t,Q_ C- o Title Date �l. 2.454 /1 DR 4679 (03/24/14) COLORADO DEPARTMENT OF REVENUE Affidavit - Restrictions On Public Benefits under the laws of the State of Colorado that (check one): LJ I am a United States citizen. , swear or affirm under penalty of perjury ❑ I am not a United States citizen but I am a Permanent Resident of the United States. ❑ I am not a United States citizen but I am lawfully present in the United States pursuant to Federal law. ❑ I am a foreign national not physically present in the United States. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date (MM/DD/YY) 6d7 -IMP Colorado Driver License Expires: 07-26-2018 Class: R Issued: 06 X013 End: Doe: Rest: Previous Tyke: A Ht: 5'07" Wt: 230 Eyes: BRA S Voter: October 7, 2015 Weld County Clerk of the Board Liquor Licensing 915 10th Street Greeley, CO 80631 RE: Polio Feliz, 2523 8th Avenue, Greeley, CO 80631 To Whom It May Concern: I Jorge Torres, friend of Ana Lucero and food deliverer of Performance Food Service in Henderson, CO, highly recommend her business for a liquor license. I have delivered food products to her restaurants for several years. By offering an additional service to her business would be greatly beneficial to her establishment and the enjoyment of customers. Ana Lucero has been a business owner of Greeley Colorado for many years and to my knowledge has never had any problems, law suites, complaints, or summons to court. She owns a well established business and is a well established individual who has serviced the Greeley community for many years. If you have any questions or concerns, please feel free to contact myself, Jorge Torres (Performance Food Service, 8001 E. 88th Ave., Henderson, CO 80640). Sincereely, rge rres October 7, 2015 Weld County Clerk of the Board Liquor Licensing 915 10th Street Greeley, CO 80631 RE: Polio Feliz, 2523 8th Avenue, Greeley, CO 80631 To Whom It May Concern: I Cristina Enriquez, sister of Ana Lucero and business owner of El Piteado in Greeley, Colorado, highly recommend her business for a liquor license. By offering an additional service to her business would be greatly beneficial to her establishment and the enjoyment of customers. Ana Lucero has been a business owner of Greeley Colorado for many years and has never had any problems, law suites, complaints, or summons to court. She owns a well established business and is a well established individual who has serviced the Greeley community for many years. If you have any questions or concerns, please feel free to contact myself, Cristina Enriquez (El Piteado 435 14th Avenue, Greeley, CO 80631) at 970 378-1133). Sincerely, Cristina Enriquez October 7, 2015 Weld County Clerk of the Board Liquor Licensing 915 10th Street Greeley, CO 80631 RE: Polio Feliz, 2523 8th Avenue, Greeley, CO 80631 To Whom It May Concern: I Gerardo Lucero, brother of Ana Lucero and owner of Los Comales Tortilleria and Los Comales Restaurant in Greeley, CO, highly recommend her business for a liquor license. By offering an additional service to her business would be greatly beneficial to her establishment and the enjoyment of customers. Ana Lucero has been a business owner of Greeley Colorado for many years and to my knowledge has never had any problems, law suites, complaints, or summons to court. She owns a well established business and is a well established individual who has serviced the Greeley community for many years. If you have any questions or concerns, please feel free to contact myself, Gerardo Lucero at Los Comales Totilleria, 513 14th Avenue, Greeley, CO 80631. Sincerely, Gerardo Lucero Memorandum TO: Rafaela Martinez FROM: Dan Joseph SUBJECT: Liquor license inquiry DATE: 8/26/15 CC: Cindy Salazar; Debra Adamson In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for Pollo Feliz, located at 2523 8th Avenue, in Greeley, Colorado. At this time, there are no problems or concerns regarding this establishment. Should you have any questions regarding this matter, please contact me via e-mail at djoseph@co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III MEMORANDUM To: Rafaela Martinez, Clerk to the Board August 28, 2015 From: Bethany Pascoe, Zoning Compliance Officer II, Dept. of Planning Services Subject: LC0045 Review of the following liquor license application renewal request by the Department of Planning Services shows the following: 04-209489-0000 Ana M. Lucero dba Polio Feliz 2523 8th Avenue Greeley, CO 80631 Zone District: C-3 (through Z-100) This is a "Use Allowed by Right" in the C-3 Zone District and is currently permitted under a Site Plan Review (SPR-322). No active Zoning violations were noted. SERVICE, TEAMWORK, INTEGRITY, QUALITY Rafaela Martinez From: Sent: To: Subject: Janet Lundquist Monday, August 31, 2015 9:45 AM Rafaela Martinez RE: New Liquor License Application - Anna M. Lucero, dba Polio Feliz This is an existing location. Public Works doesn't have any comments at this time. Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 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: Rafaela Martinez Sent: Wednesday, August 26, 2015 1:42 PM To: Bob Choate; Dan Joseph; Bethany Pascoe; Tom Parko Jr.; Lisa Carpenter; Janet Lundquist; Roy Rudisill Subject: New Liquor License Application - Anna M. Lucero, dba Polio Feliz Hello! In accordance with the procedure for processing New Liquor License Applications, please review all records on the following document for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License PLEASE RESPOND NO LATER THAN: September 11, 2015 Please note that the Applicant has requested Concurrent review and has paid the additional $100.00 Fee associated with that request. Applicant: Anna M. Lucero dba Polio Feliz File Location: LC0045 Thanks! 1 Rafaela Martinez From: Sent: To: Cc: Subject: Paul Wood Tuesday, March 01, 2016 2:54 PM Rafaela Martinez Paul Wood RE: New Liquor License Application - Ana M. Lucero dba Polio Feliz I have looked to see if the Weld County Sheriff's Office has had any significant reports/incidents with the establishment (Polio Feliz, 2523 8th Avenue, Greeley, CO 80631) and applicant (Anna M. Lucero). According to our Records Management System (Spillman) the Weld County Sheriff's Office has not responded to any significant calls for service at this address or with the applicant in the last calendar year. If you have any questions or concerns, please do not hesitate to contact me. Thanks! Sergeant Paul Wood Animal Control/Municipal Policing/School Resource Units Weld County Sheriff's Office 1950 "O" Street, Greeley, CO 80631 pwoodPco.weld.co.us Ofc: (970) 356-4015 Ext. 2838 Fax: (970) 304-6468 "5e Strong and Courageous." From: Rafaela Martinez Sent: Tuesday, March 01, 2016 2:08 PM To: Paul Wood; Jose Gonzalez; Roy Rudisill Subject: New Liquor License Application - Ana M. Lucero dba Polio Feliz Hello! In accordance with the procedure for Liquor Licenses, please review all records on the following document for any associated reports/incidents during the last year and return your report to the Weld County Clerk to the Boards Office within Two (2) Weeks. PLEASE NOTE THAT THIS ITEM WAS PREVIOUSLY SENT OUT FOR REFERRAL BUT DUE TO LACK OF INFORMATION ON APPLICANT PART IT IS NOW BEING RE -SENT. Your report will be used by the Board of County Commissioners in considering Approval and/or Renewal of the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: March 12, 2016 APPLICANT: Ana Lucero dba Polio Feliz 1 FULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE. NO POUCH NEEDED. 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FedEx Express Saver dawns Saturday twisty NOTmitta. Packages upto 15Bas ❑FedEx Fret Overnight Bacot mat blsFev =mine dein,bBala lenOona, Saturday Dena NOT wobble. 6 Special Handling end Delivery Signature Options ❑ r1gneeili %ror:ies Odndemor.ridar..rrra PnrgM %aFa Express Sew, so retles Obey Freight No Signaturemcths Required obtaining a onebre tar gam y Does this shipment contain dangems goods? DirectSigreWre sm.erem.cembaeben nug roe.y/**me = One box must be checked ❑Yes s N° ❑ Nerfegthet.. ❑ tbwnDemream re nine. orplacedFat Wpm 0WrrelunmbeaNpwdn%is:wrltyrq Indirect S.iiq �naature enre edSass.=ne one is eematare SOWN. at Wra=ff. Ww des.' Foe ra dlaeen.nadofee ids ❑ Drylce oryrsa.almlusa kg Cargo Aircraft Only 7 Payment Bills. �xM.i nde:r Swoon Iwe babied Falb Am No ceenh:NN* Total Packages Total Weight Total Declared Valuet Blew et Awl*. or Creek Cad Mebane ❑ Recipient ❑ Third Party ❑ Credit Card ❑ Cash/Check Dab ET- Ie e a tenI:bedys Crewe nendmpu twee• weempw. Seaeklndesb. ByraeYUAAA ry � twin* � condioremm. a back a.Wiland edeccneeredsSeiteeiude.InWaeane oor Rem Dune 2/00•PartrY1279421994-20)1 FedEimNROIN Il.SA6e$ 553 Site Plan Review SPR-322 PL STAFF REPORT RETAINED IN I YLtr . REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. COLORADO SITE PLAN REVIEW Administrative Review Case Number SPR 322 Parcel Number 0961 17 311013 Applicant: Adrian & Estela Tarin Legal Description: Pt. of Section 17, Township 5 North, Range 67 West further described as Lots 6 & 7, Block 11 of Arlington Park First Addition, Weld County, CO Zoning: C-3 Proposed Use: Mexican Restaurant Site Plan Review Standards Meets the Intent of the Weld County Zoning !1111 1 1 1 i 1 a 9 ' A a. Site Plan Unification Included in Application YES Retention facilities Engineering N/A YES Off street Parking See Conditions of Approval #1.a.1, 12.1,1.23, 1.2.4, 1,a3,1,a3 l Loading Areas N/A Approved in Memo dated March I3,10000 from Diane houghtalhng, Weld Co. PublicWorks YES Setback Requirements 25 feet YES Offset Requirements 10 feet YES Landscaping See Conditions of Approval #1.a.9, l,a,ffl, I.b.li 11.2, I.c.12 YES Trash Collection and Storage See Condition of Approval ..11.3, #1.4.12, 1.c.4, 1.6 YES Potable Water City of Greeley, See Conditions of Approval # I.c.1O Sewage Disposal City of Greeley, See Conditions of Approval #1.c.7, Id • s. I Environment Standards Noise See Condition of Approval # Icy&'Lill YES Air Quality Set Condition of Approval #1.c.14 YES Water Quality ' See Conditions of Approval #1.{, r 1.c3 YES ttadiation• I Ste Condition of Approval 1.c.J4 YES Heat See Condition of Approval #1.c.14 YES Light See Condition of Approval #Lai, l.d.14 . YES Property Maintenance See Conditions of Approval #14 1 4 YES This site plan review is approved with the attached conditions: 1, prior to recording the Site Plan Review plat, the applicant shall address the following to the Department of Planning Services satisfaction: a, The applicant shall submit a revised Site Plan Review plat that is at a scale of one inch equals twenty feet (1:20) which clearly delineates the following information: The applicant shall adhere to the off-street parking design standards per Section 41.1.2."1 of the Weld County Zoning Ordinance. (Dept. of Planning Ser rices) The applicant shall provide at a minimum twenty (20) parking stalls for the Mexican Restaurant . The dimensions of the parking stalls shall adhere to Sections 41.1.2 1 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 3. The applicant shall provide wheel stops for the parking stalls per Section 41.1.2.4 of the Weld County Zoning Ordinance, as amended. One wheel stop for every two parking stalls is acceptable. (Dept. of Planning Services) 4. The applicant shall address and adhere to the American with Disabilities Act and ADA standards for this facility at all tins. Non -ambulatory / Ambulatory parking spaces shall be identified and shown on the plat. Further, the applicant shall delineate the accessible route to public transportation from the parking area and building to Eighth Avenue. If applicable to your site, include sidewalk ramps at all intersections and buildings, sidewalk rest areasfor streets and driveways over five (5) percent, accessible parking at all public buildings, and crosswalks with a maximum 2 l vertical deflection of ore -quarter inch. Please provide details and information of how you will address these issues. Further, the applicant shall align internal parking aisles with driveways and ingress/egress gate openings. (Dept. of Planning Services, Dept. of Public Works) 5. The applicant shall modify their parking plan to eliminate all vehicular parking immediately adjacent to Eighth Avenue. Additional parking shall t* provided behind the existing structure, as required_ (Dept. of Public Works) 6. The applicant shall provide lighting for off-street loading areas per Section 4124 of the Weld County Zoning Ordinance, as amended. The lights shall be arranged in a manner as to not illuminate adjacent properties and to prevent glare onto County streets and alleys. (Dept. of Planning Services) The applicant shall screen the parking from adjacent properties per Section 33.6.1.3 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) #. The applicant shall adhere to the minimum design standards pertaining to public rights -of -way per Section 336.135 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 9, The applicant shall place "plant materiar screening to mitigate the impacts of the facility from Eighth Avenue, The plant material screen shall be placed between the road right-of-way and the restaurant that fronts this road as depicted on the redlines. The buffer strip shall be a minimum of ten (10) feet in width and run the length of the property line that fronts Eighth Avenue. Further, the applicant shall adhere to all landscape requirements of Section 33.6.1.5 of the Weld County Zoning Ordinance, as amended, Please note, per the Weld County Zoning Ordinance, as amended, the applicant shall provide landscaping on fifteen (15) percent of the site. In your specific case, the site is approximately 19,000 square feet, fifteen percent of the site is 2+850 square feet. This is the total minimum area to be landscaped. (Dept. of Planning Services) 10, The applicant shall describe the landscape maintenance plan for this area, The landscape maintenance 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. (Dept. of Planning Services) 11. The sign shall be located, and designed in accordance with the requirements of Section 42 of the Weld County Zoning Ordinance, as amended. (Dept. of Planning Services) 3 I' 12, In accordance with Section 33 61.6 of the Weld County Zoning Ordinance, the applicant shall screen all trash receptacles from adjacent right-of-ways and adjacent properties. Further, the areas shall be designed in such a manner that will prevent scattering of trash. (Dept. of Planning Services) 13. The applicant shall delineate on the plat where the Mexico Express Buses will load and unload passengers. (Department of Planning Services) b. The applicant shall include in the Landscape Plan the following information: 1. An installation schedule which specifies when the landscaping will be installed on site. (Dept. of Planning Services) 2. A Plant Material List specifying the Botanical and Common names of alt 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. (Dept. of Planning Services) 3. A landscape maintenance 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. (Dept. of Planning Services) c. The following notes shall be placed on the plat: 1. In accordance with the Weld County Zoning Ordinance, 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 or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. 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, and the Department of Planning Services for review. Based upon the proposed use and/cr impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application. (Dept. of Planning Services) 3. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-101, C.FMCS., as amended), shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination, (Health Dept.) 4 No permanent disposal of wastes shall be permitted at this site. (Health Dept.) 5. Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Health Dept.) The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes, (Health Dept) 7. Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) The restaurant shall utilize the existing municipal sewage treatment system, City of Greeley. (Health Dept.) 9. All pesticides, fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Health Dept.) 10. The facility shall utilize the existing public water supply, City of Greeley. (Health Dept.) 11. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishment. (Health Dept,) 12, 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. (Dept. of Planning Services) 13. All structures, including signs, on site must obtain the appropriate building permits, (Dept. of Planning Services) 14. The site shall maintain compliance with the Weld County Zoning Ordinance, as amended at all times. (Dept. of Planning Services) d. The applicant shall submit a plan describing any proposed on -site signage. Any proposed sign shall adhere to Section 42.3 of the Weld County Zoning Ordinance. AN proposed signs shall apply for and receive a building permit . (Dept. of Planning Services) Prior to Recording the Plat: a. The applicant shall submit a landscape plan to the Department of Planning Twin, page 5 Services for review and approval. Upon approval the Landscape Plan shall be placed on the plat. (Dept of Planning Services) b. The applicant shall complete an improvements Agreement with Weld County for the purpose of ensuring the timing and completion of on -site parking and landscaping improvements. This agreement shall be reviewed and approved by the Weld County Department of Planning Services, Public Works Department, and the Board of County Commissioners. Upon approval of the agreement, the applicant shall submit adequate collateral which equals the amount of the improvements to be completed. (Dept. of Planning Services) Prior to the release of building permits: a, Upon approval by the Department of Planning Services, the Site Plan Review plat shall be recorded. (Dept. of Planning Services) Site Plan review conditionally approved a by: Kim Ogle, Planner 1� Date: March 1612000 Tarim, page 1 SITE PLAN ADMINISTRATIVE REVIEW NOTES In accordance with the Weld County Zoning Ordinance, 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 or industrial zone districts until a Site Plan Review has been approved by the Department of Planning Services. (Dept. 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, and the Department of Planning Services for review. Based upon the proposed use and/or impacts of the leased portion, the Department of Planning Services may require a new Site Plan Review application- (Dept. of Planning Services) 3, All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Acts 30-204011 CRS., as amended), shall be stored and removed for mail disposal in a manner that protects ainet surface and groundwater contamination. (Health Dept.) No permanent disposal of wastes shall be permitted at this site. (Health Dept.) Waste materials shall be handled, stored and disposed of in a manner that controls fugitive dust, blowing debris and other potential nuisance conditions. (Health Dept.) The maximum permissible noise level shall not exceed the commercial limit of 60 db(A), as measured according to 25-12-102, Colorado Revised Statutes, (Health Dept.) ' Adequate toilet facilities shall be provided for the public and employees. (Health Dept.) B. The restaurant shall utilize the existing municipal sewage treatment system, City of Greeley. (Health Dept.) 9 All pesticides, fertilizer and other potentially hazardous chemicals must be stored and handled in a safe manner Reference 25.8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. (Health Dept.) 10. The facility shall utilize the existing public water supply, City of Greeley. (Health Dept.) 11. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations governing the regulation of food service establishment. (Health Dept.) 12. 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. (Dept. of Planning Services) 1 ') All rIri ar ii4rno ir►r.Ei'dinn esnne ran eito rYhl te+ nhts2in tho 3rtnrrirlrimtt hi tiiriinn IF -J 111.1M wIrtrat nit, WW1 111111 IM I lA 140 4 aft In siva cal a, 0. IMO Tern I SigniracaiaR €r ee tI • I Eighth imam SITE PLAN - RANCHO ALEGRE me.atr ' - a NC /7e Hamra Worm last P ta+.rlw LAW Jei1r Site Plan Review (SPR 322) Rancho Alegre Restaurant mii.....: : E II h... ,, . _r�_. ° • km 11 ! c, kci: • II s- fT "I• iI. it. 2 ✓ 4. 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