The URL can be used to link to this page

Browse Search

Home My WebLink About20161260.tiffFINDINGS AND RESOLUTION RE: FINDINGS AND RESOLUTION CONCERNING APPLICATION OF CAPRICHO ROJO, LLC, DBA CAPRICHO ROJO, FOR TAVERN LIQUOR LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN The application of Capricho Rojo, LLC, dba Capricho Rojo, 3101 Highway 119, Longmont, Colorado 80504, for a Tavern Liquor License, came on for hearing on the 21st 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 Capricho Rojo, LLC, dba Capricho Rojo, 3101 Highway 119, Longmont, Colorado 80504, for a Tavern Liquor License, for the sale of malt, vinous, and spirituous liquors, 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 Tavern Liquor License for Capricho Rojo, LLC, dba Capricho Rojo. WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and the Licensee shall provide documentary evidence that each employee has been "responsible vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the fist available "responsible vendor" class after hiring. Evidence of such shall be included in the referral report submitted by the Sheriff's Office at the time of annual renewal. de: 50('W), App). r3•zoi(O 2016-1260 LC0019 TAVERN LIQUOR LICENSE - CAPRICHO ROJO PAGE 2 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 [License Number] to said applicant to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, 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 April 12, 2017, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, 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 11th day of April, A.D., 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk Sp the Board puty Clerk to the Board unty Attorney Moreno Date of signature: 2016-1260 LC0019 THIS LICENSE MUST BE POSTED IN PUBLIC VIEW DR 8402 (07/01/2012) OF COLORADO STATE DEPARTMENT OF REVENUE LIQUOR 1881 Lakewood, ENFORCEMENT Pierce Street, Colorado Suite 80214 DIVISION 108 CAPRICHO dba CAPRICHO ROJO ROJO LLC 3101 LONGMONT HIGHWAY CO 119 80504 LICENSE ALCOHOL BEVERAGE Liquor 4706070 License Number License Expires April 12, at Midnight 2017 License TAVERN Type (COUNTY) Authorized Beverages MALT, VINOUS, AND SPIRITUOUS This license provisions and shall through the addressed CO 80214. In testimony of be to: is issued subject to the laws of the State Title 12, Articles 46 or 47, CRS 1973, as amended. conspicuously posted in the place above expiration date shown above. Any questions Colorado Liquor Enforcement Division. 1881 whereof, I have hereunto set my hand. 4/13/2016 jj 0,,,,," homk&A,,___94,..L.L. of Colorado and especially under the This license is nontransferable described. This license is only valid concerning this license should be Pierce Street, Suite 108, Lakewood, RLE Division Director Executive Director tia-MCMCIWWWWWW-C1�lL NON -TRANSFERABLE. W V I CL) V '' a: 0 V d z A W t; p_i ciz H r� u kJiCJC5e,inGJ�� CJ�GJ�CiGJ`JCJ�FJ�G1'—GJ�CJ�GJ'J �- March 29, 2016 BOARD OF COUNTY COMMISSIONERS PHONE: (970) 336-7204, EXT.4200 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 Capricho Rojo, LLC dba Capricho Rojo 3101 Highway 119 Longmont, CO 80504 RE: Report of Investigation for Colorado Liquor License Application — Capricho Rojo Dear Ms. Linder: On Monday, March 28, 2016, I traveled to the proposed licensed premises known as Capricho Rojo, located at 3101 Highway 119, Longmont, Colorado. While there I made an on -site inspection regarding the Liquor License Application filed. The application is for a Tavern Liquor License. It will be heard by the Board of County Commissioners as the liquor licensing authority for Weld County on Monday, April 11, 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. Pursuant to Section 12-47-309(3), C.R.S. 3. There are four (4) other liquor establishments in the area. There is one (1) 3.2% beer licensed establishment, 7 -Eleven Store #39510A, located at 3914 Highway 119, Longmont, CO 80504, about a '/2 mile to the east of the premises being inspected. There is also a Retail Liquor Store named CJ's Liquor, one (1) bar, El Caporal and one restaurant, Ole' Hickory Smokehouse and Tavern, that is currently in the process of a Transfer of Ownership with the Weld County Clerk to the Board's Office 2016-1260 LC0019 REPORT OF INVESTIGATION - CAPRICHO ROJO PAGE 2 4. The sign noticing the place, date, and time of the hearing for the liquor license application was posted by the applicant in such a manner that the notice was conspicuous and plainly visible to the public, when I was there at approximately 4:45 pm on March 28, 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. 6. The proposed premises has the capability of heating and serving sandwiches and other foods, as required by Section 12-47-103(22)(a), C.R.S. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO t��.,li:Q ems' Julie A. Cozad, Commissioner cc: Bruce Barker, County Attorney Capricho Rojo, LLC dba Capricho Rojo Attn: Maribel Linder 1300 Wildrose Court Longmont, CO 80503 r0 .� r-1 r -R 0 N In m O O I' ru 0 N U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here 5 rro .0_ A.92 ate elap)-1.1thatja Stre Apt. No.; /� or PO Box No. )�7 /�c ( t r J lL _ _ /+ i , t. City, State, ZIP+[4_.J 1.4 L! �lJlL`.1 LC0019 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. 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) 400-4225, 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 ramartinez@co.weld.co.us. DOCKET #: 2016-45 HEARING DATE: April 11, 2016 HEARING TIME: 9:00 a.m. APPLICANT: Capricho Rojo, LLC dba Capricho Rojo 3101 Highway 119 Longmont, Co 80504 DATE OF APPLICATION: December 8, 2015 REQUEST: To grant a Tavern license for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld LEGAL DESCRIPTION OF NEIGHBORHOOD SERVED: Northern boundary of Sections 3 and 4; eastern boundary of Sections 3 and 10; southern boundary of Sections 9 and 10; and western boundary of Sections 4 and 9, all in Township 2 North, Range 68 West of the 6th P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 21, 2016 PUBLISHED: March 24, 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, 11500 Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, to 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) 400-4225, prior to the day of the hearing. The complete case fie 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. Petitions and comments may be filed in the office of the Clerk to the Board of CountyCommissioners. 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 ramartinezOco.weld.co.us. DOCKET #: 2016-45 HEARING DATE: April,11, 2016 HEARING TIME: 9:00 a.m. APPLICANT: Capdcho Rojo, LLC dba Capricho Rojo 3101 Highway 119 Longmont, Co 80504 DATE OF APPLICATION: December 8, 2015 REQUEST: To grant a Tavern license for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld LEGAL DESCRIPTION OF NEIGHBORHOOD SERVED: North- ern boundary of Sections 3 and 4; eastern boundary of Sections 3 arid 10; southern boundary of Sections 9 and 10; and western boundary of Sections 4 and 9, all in Township 2 North, Range 68 West of *meth P.M., Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: March 21, 2016 The Tribune March 24, 2016 STATE OF COLORADO County of Weld, I, Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, ss. 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 Twenty -Fourth day of March A.D. 2016 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Fourth 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 24, 2016 Total Cll(arges: $14.02 24th day of March 2016 My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 NOT I CE PURSUANT TO THE LIQUOR LAWS OF COLORADO: e$t\tnDo 1iLc dbo► C.4*ItAG ROJO 1300 Uu1ltsRffiE twsr LiMiteni 'wa3 HAS REQUESTED THE LICENSING OFFICIALSOF _ WCIbtUn4t.WQQSto TO. C1SsEL ATnef!v u4un?. utErls6 LICENSE AT: ,loi Ftl6i++l°W lAIt+hwscMs 84301n HEARING ON APPLICATION TO BE HELD AT: tale tANttali►areiu, CeNreNrtuAc NAm%1ta 1156 "0" G2eCIfy, N TIME AND DATE: IUAM 31,9014,0Q DATE OF APPUCATIONn, 2015 BY ORDER Of:TiAlEitatRN _ C(MAmissi OfFICERS:W4480,0FW04c,fu� 0 0 ass a THE ,.ACE AT SO RmmES a IltNOKSTIAMW. MI R PIC Or • 369-09% .redby NOTICE PURSUANT TO THE LIQUOR LAWS OF COLORADO: emus RD10, Le dba C.p¢two W30 13C0 W Lht'& (.Ltr, L 004l*On, y543 HAS REQUESTED THE LICENSING OFFICIALS OF WEIA (EILMY, ti,oti A TO CNbtE L A TAnt'd Mao. L UJ1:h LICENSE AT: "lel 1t76iermY u9 L D►Jt,tiNa N SO to HEARING ON APPLICATION 10 BE HELD AT: l0f iA tttU.1Y AAIUIIs?sArkN, ftfrhr*INt Nfa'a CA*, use "o' r,, Gino to TIME AND DATE: µAiltH P,2 e Q DATE OF APPUCATION:%Eit�Itt L't, 2015 BY ORDER OF: t4FI6tsUM4 Was** OFFICERS.uw>E1M ar-.e- Sf.._ I N OTICE PURSUANT TO THE LIQUOR LAWS OF COLORADO: �14104LLC C',apRl 0► 0 130D tlataliAtT U kerair, 0i 16513 HAS REQUESTED THE LICENSING OFFICIALS OF WEIR CGS`!. tQaol2P60 TO CoiSth eL A TAICIIN L 2wt l ieMS6 LICENSE AT: J10I 106 ,0"4/ 119 1 tt3MAo,tA 1O3b o HEARING ON APPLICATION TO BE HEN AT: ifsWittAtAtimrnmstit . itel 056 "0" Sri UMW Lg, TINE AND DATE: Well 9. NATE OF APPLICATION: 2 IT ORDER OF: W[1 CAuNtil i OFFICERS: Ott likA- 141, ik R 74 • l 4.. 1 I II ▪ abut iest•Weg Sd MEMO Xi wing WI*t iv u s.*_a H1�\■tl0 IS IS Mil 60 as I I0 onus eat0.F n MMI (I J.'JYI Mr' MIIUIS j n(0+ Rafaela Martinez From: Sent: To: Subject: Good Morning Frank, Rafaela Martinez Wednesday, March 30, 2016 8:30 AM Frank Haug Capricho Rojo I wanted to let you know that I spoke with Maribel Linder this morning and had her change the date on the Sign that is still posted outside of her facility. She will provide both pictures at the April 11, 2016 Hearing. Thanks! Rafaela A. Martinez Deputy Clerk to the Board 1150 0 Street/P.O. Box 7581 Greeley, CO 80682 tel: (970) 400-4225 fax: (970) 336-7233 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 3-6],id. ii• '- •,.2..I. Tat It 1-1 _j GQIJNTy --ti February 9, 2016 Capricho Rojo, LLC dba Capricho Rojo 3101 Highway 119 Longmont, Co 80306 RE: Request for Concurrent Review of Tavern License Application To Whom it May Concern: CLERK TO THE BOARD PHONE: (970) 336-7215, Ext. 5226 FAX: (970) 336-7233 1150 O STREET P. O. BOX 758 GREELEY, COLORADO 80632 Capricho Rojo, LLC dba Capricho Rojo submitted an Application for a Transfer of Ownership. Soon after the application was submitted, the current Licensee surrendered their County and State License to myself at the Clerk to the Board's Office on December 28, 2015. After speaking with Capricho Rojo and informing them of the options still available to them, they requested to pursue a New Tavern License Application with Concurrent Review. Please use this as formal request for a Concurrent Review of this Tavern License Application. If you have questions or need additional information, please do not hesitate to contact me at (970) 336-7215, Extension 5226. truly yours, cb Rafa`ela A. Martinez Deputy Clerk to the Board ramartinez@weldgov.com RECEIPT DATE IX1171/5 NO 88472 RECEIVED FROM 1T' `�' LL'2' ' &LetiCilt ADDRESS .alt ' cLa/.levu and 6°/oo �� $3$3.5o FOR L.i.Qum, U LAU, CASH 38r JO MONEY ORu 0 Co o @ c0 RECEIVED FRO O m co ADDRESS c • a) °S O a Y N U U o a 0 O Co O • s - U0 (13 • Ca 00 C t • ti O 0 o • Tu i)0aa..0 FOR DATE NIP NA) ph -7k NO. 88473 II7/i5,' RECEIPT DATE c RECEIVED FROM 06/A11-111) CO ADDRESS O U a) RECEIPT etb, FOR a i, Laqun� l iColA4J 11°1 lop 4 IP" PAID' CASH CHECK MONEY ORDER 1,55 $ 1,a5?. ao NO. 88474 $150'15,111' tvo9 Lucbedi ��¢e D i D F E is , UI—& L -U L o vt,E t '/7 Rafaela Martinez From: Sent: To: Cc: Subject: Good. Afternoon Maribel, Rafaela Martinez Tuesday, December 29, 2015 2:59 PM 'maribellacdj@gmail.com' Esther Gesick; Frank Haug New Liquor License Application I just wanted to send you a quick follow up email per our phone conversation today. As I said, Edgar came in and surrendered the Liquor License that is currently on premise. This does not mean that your application is void. You are able to amend the application to reflect a "New Application" as opposed to a "Transfer of Ownership". What this means is that you will not be able to apply for a Temporary License during the processing time, so no Liquor can be sold or be on site at that time. I owever, you can hold Dances and as long as your Food License is in place, you may have food. With that being said, the $100 that would go towards that, I would suggest utilizing it for a "Concurrent Review" with the State Department to help speed up the process on their end. You will have a difference in fees. Your State Fees will go from $2,575 to $2,150 and your County Fees will go from $1,100 to $975 roughly. When you come in we will get exact amounts. As well, please do not forget to bring in a copy of the signed lease and the 3 Letters of reference required to go with your Individual History report. Please don't hesitate to call me with any questions or concerns, I am here to help. Thank you and Happy New Year! Rafaela a. Martinez Deputy Clerk to the Board 1150 O Street/P.O. Box 758IGreeley, CO 80632 tel: (970) 336-7215 X5226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 1 BEFORE THE LIQUOR ENFORCEMENT DIVISION, DEPARTMENT OF REVENUE STATE OF COLORADO ORDER IN THE MATTER OF: RM INC D/B/A ROOM 119 3101 HIGHWAY 119 LONGMONT, COLORADO 80504 Tavern N°. 47-04696 The Director of the Liquor Enforcement Division of the Colorado Department of Revenue, on behalf of the state liquor licensing authority, having reviewed the attached written affidavit for the surrender of license #47-04696 and the applicable statutes and regulations. HEREBY accepts the surrender of license #47-04696, acknowledging in good faith that the person surrendering said license has the lawful right to act on behalf of the licensee, and that the statements in the surrender affidavit are true and accurate. THEREFORE, license #47-04696 is immediately terminated upon the date of signature. Cc1(46t.“,4 Patrick Maroney Director Liquor Enforcement Division 03--(0 Date DEFORL THE STATE LICENSING AUTHORITY STATE OF COLORADO AFFIDAVIT FOR SURRENDER OF STATE LIQUOR LICENSE IN TIlt MATTER OF: LICia"NSEE(? rc I tV TRADBNAMBrgO.11Ifl W ADDRESS: RECEIVED MAR 0 7 2016 WELD COUNTY cr'rv• ixtfigf o4't", CO g 67 LICBNSB NQ.: gN.5601.• t - 'I 70090; e C [c�ot�er S1 Y- _5 . an authorized representative of the above -named ' t.icenseehereby voluntarily gummier the Colorado state liquor license and an related trampingprh'iit Licensee htuaby requests the LiquorBntbreament Division ("Division") of the Colorado Department of Revenue, oa'bettalfofthe State Liquor Licensing Authority, to immediately cancel. tannin etc, rand veld Licensee's Colorado state liquor license. I.ioonsee states that this surrender bf Licensee's Colorado step liquor license r 1rd licensing privileges is made voluntarily by the Licensee, and that Licensee is not surrendering the afrrreaald liquor liaense(s) and privileges as the result of any threat, promise, or coetaton by the Division or any of its •&,eats or employees. Licensee further acknowledges: • This surrender does not violate any requhetnents of a Fore -ibis Entry 80D:taint? (FED) order, or Writ of Restitution requiring the licensee to dispossess the iioennsd premises. • That an application to transfer this liquor license has not been tiled with the local licensing authority. • Thie In not an attempt to avoid prosecution of a violation etc Colorado Liquor Code and that the Division may name to accept this affidavit of sutrender until alter any pending edlnials trative action is complete. • The Licensee's privileges will be canceled, terminated, and voided upon die tounmoe of an order by the Dbector of the Division accepting this voluntary auut+ender of liceaaeo. I affirm under penalty of perjury, I nor authorized to surrender this license on WWI of the aforementioned Licensee. Name' d tr I an PI* tj, s' Slgttaurre 'ZQai o(eva sAs -e me i '' Date .3 (4" BEF'OR'E TTIE STATE LICENSING AUTHORITY STATE OF COLORADO AFFIDAVIT FOR SURRENDER OF STATE LIQUOR LICENSE IN THE MATTER OF: TRADENAME. 1\1. ADDRESS: 51 RECEIVED MAR 0 7 21P,5 WELD COUNTY '8' COMMISSIONERS C: FT Li. ,nor a -TLC � LICE14SE l % „4t ill. t t /d . 4 7 ,911� 6a,u) an authorized representative of the al,ove-named ' Licensee hereby voluntarily surrender the Colorado state liquor license and all related licensi i ig priv ilegeS. Licensee hereby requests the Liquor Enforcement Division ("Division") of the Colorado Dllrartment of Revenue, on behalf of the Slate Liquor Licensing Authority, to immediately cancel, ternniin ite, and veld Licensee's Colorado state liquor license. Licensee states that this surrender of Licensee's Colorado state liquor license i rid licensing privileges is made voluntarily by the Licensee, and that Licensee is not surrendering the ai;creeaid liquor license(s) and privileges as the result of any great, promise, or coercion by the Division or any of its agents or employees. Licensee further acknowledges: • This surrender does not violate any requirements of a Forcible Entry and'D .tauter (FED) order. or Writ of Restitution rearing the licensee to dispossess the licen:ied premises,. • That an application Ur transfer this liquor license has not been filed with the local licensing authority. • 'Phis is not an attempt to avoid prosecution of a violation of the Colorado Liquor Code and that the Division may refuse to accept this affidavit of surrender until after any pending administrative action is complete.. • The Licensee's privileges will be canceled, terminated, and voided upon t1l e issuance of an order by the Director of the Division accepting this voluntary surrcndc. of licenses. i affirm under penalty of perjury, I urn authorized to surrender this license on behalf of the aforementioned Licensee, Name c o i 4"24S Title e7 135 n Signature 1241t4 0(.(0 -1:/t A94) Date „,�� sgr d41 BEFORE THE STATE LICENSING AUTHORITY STATE OF COLORADO AFFIDAVIT FOR SURRENDER OF STATE LIQUOR LICENSE IN THE MATTER OF: LICENSE jy1, ',rL6., TRADENAME: Lkecirt 1I9 ADDRESS: 310 go itsitsaj 119 CITY: Itinef"YLtrt -, o 80.cO'/ LICENSE NO.:, / mot, 4/704109 lv RECEIVED DEC, 2 8 2015 WELD COUNTY COMMISSIONERS L- .1ta015-i5 I L d o uo, , an authorized representative of the above -named Licensee hereby°voluntarily surrender the Colorado state liquor license and all related licensing privileges. Licensee hereby requests the Liquor Enforcement Division ("Division") of the Colorado Department of Revenue, on behalf of the State Liquor Licensing Authority, to immediately cancel, terminate, and void Licensee's Colorado state liquor license. Licensee states that this surrender of Licensee's Colorado state liquor license and licensing privileges is made voluntarily by the Licensee, and that Licensee is not surrendering the aforesaid liquor license(s) and privileges as the result of any threat, promise, or coercion by the Division or any of its agents or employees. Licensee further acknowledges: • This surrender does not violate any requirements of a Forcible Entry and Detainer (FED) order, or Writ of Restitution requiring the licensee to dispossess the licensed premises. • That an application to transfer this liquor license has not been filed with the local licensing authority. • This is not an attempt to avoid prosecution of a violation of the Colorado Liquor Code and that the Division may refuse to accept this affidavit of surrender until after any pending administrative action is complete. • The Licensee's privileges will be canceled, terminated, and voided upon the issuance of an order by the Director of the Division accepting this voluntary surrender of licenses. I affirm under penalty of perjury, I am authorized to surrender this license on behalf of the aforementioned Licensee. Name Title f2 -e -P Signature Date tztiC t,‹ 03/03/2016 THU 15:04 FAX 0001 ********************* *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. DESTINATION ADDRESS SUBADDRESS DESTINATION ID ST. TIME TX/RX TIME PGS. RESULT 2266 913037725749 03/03 15:03 00' 46 2 OK 3131�rt.4) 3- 77 A -57 y9 gd x U w u,A, R.suLd -bp b -.0 (.29.r) thcipyl ,Dad n Oatd b *0 m e. V lL -P-Pate d p 1 qtkx 31sL66u'thiN 0,u , €,(NuaS --..0_,cr‘Ax-i-Lrx.a.z.)vielot.56),V • uirn 0110- "33u- 7233 ,_)rYt a W.. �"1 0/3/O-Ct cam' 5-77 P--57(19 ,L -k-0 v ; ..Q_ -33L-P_-7g33 40,(.x., -Bocu.cl '� D. 'bo)1_ 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 RM INC dba ROOM 119 3101 HWY 119 LONGMONT CO 80504 ALCOHOL BEVERAGE LICENSE Liquor License Number 4704696 License Expires at Midnight July 09, 2016 License Type TAVERN (CITY) Authorized Beverages MALT, VINOUS, AND SPIRITUOUS 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. 7/10/2015 RLE 1.2jjT Division Director 64A,b-etA,•\_as64.4Lk,„,.. Executive Director THIS LICENSE EXPIRES ' J • TO BE POSTED IN A CONSPICUOUS PLA+ CAPRICHO ROJO, LLC 3101 Highway 119 Longmont, Colorado 80306 B: (720) 209-8556 C: (720) 220-6228 December 9, 2015 Hon. Barbara Kirkmeyer Chair Weld County Commissioners 1150 O Street Greeley, Colorado 80632 Dear Commissioner Kirkmeyer: RECEIVED DEC 17 2015 WELD COUNTY COMMISSIONFoc RE: Capricho Rojo, LLC; Applicant for Liquor License Transfer. It is an honor to present the Weld County Commissioners with our Colorado Retail Liquor License Application for your consideration. I believe you will find the application, and supplemental information, complete in accordance with Colorado State Law and the Weld County Code. I have been in business in Colorado for the past 20 years, and have successfully held a hotel and restaurant liquor license in the past. Along with this application, I would respectfully request authorization for a temporary permit to operate my business while the liquor license transfer is pending. Additionally, I ask my business be permitted to use the Dance Hall permit currently in effect for our location, which is good only through December 2015. I will make application for calendar year 2016. If you require any additional information, please let me know. Sincergly, MariLinder Managing Member ti PO Box 758 Greeley CO 80632 O a O 0 (-) CO 0 0 CO a)2O r,U U 0 o m °� O a- 5Ua_CD RECEIPT DATE RECEIVED FROM O fewr 4 AEZDRESS NO. 88505 +n� k-Ixnukn.hol FOR MCI r--- 1$ 4.200. oa a "Ti n FAA p).4 BY 07 RECEIPT DATE f —'1-/(p RECEIVED FROM ADDRESS FOR CASH CHECK Hi 0 9so co NO. 88504 DR 8404 (04/27/15) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application RECEIVED DEC 17 2015 VVCLIJ I.AVVIV I I KNew License ❑ New -Concurrent ❑ Transfer of Ownership COMMISSIONERS • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: wwwcolorado.gov/enforcement/liquor • Local License Fee $ 1. Applicant is applying as a/an ❑ Corporation ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) ❑ ✓ ❑ Individual Limited Liability Company Association or Other 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation Capricho Rojo LLC FEIN Number 47-4288154 2a.Trade Name of Establishment (DBA) Capricho Rojo State Sales Tax Number 30171318 Business Telephone 720-209-8556 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 3101 Highway 119 City Longmont County Weld State CO ZIP Code 80504 4. Mailing Address (Number and Street) 1300 Wildrose Court City or Town Longmont State CO ZIP Code 80503 5. Email Address maribellacdj@gmail.com 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) Present State License Number Present Class of License Present Expiration Date Section A Nonrefundab e Application Fees Section B (Cont.) Liquor License Fees ■ Application Fee for New License $ 600.00 AApplication Fee for New License w/Concurrent Review $ 700.00 Li Application Fee for Transfer $ 600.00 ❑ Liquor Licensed Drugstore (City) $227.50 ■ Liquor Licensed Drugstore (County) $312.50 ❑ Manager Registration - H & R $ 75.00 ❑ Manager Registration - Tavern $ 75.00 ❑ Master File Location Fee $ 25.00 X Total Section B Liquor License Fees ❑ Add Optional Premises to H & R $100.00 X Total ❑ Master File Background $250.00 X Total ❑ Add Related Facility to Resort Complex ..$ 75.00 X Total ❑ Optional Premises License (City) $500.00 ❑ Optional Premises License (County) $500.00 ❑ Racetrack License (City) $500.00 ❑ Racetrack License (County) $500.00 ❑ Resort Complex License (City) $500.00 ❑ Resort Complex License (County) $500.00 ❑ Retail Gaming Tavern License (City) $500.00 ❑ Retail Gaming Tavern License (County) $500.00 ❑ Retail Liquor Store License (City) $227.50 ❑ Retail Liquor Store License (County) $312.50 ❑ Tavern License (City) $500.00 I& Tavern License (County) $500.00 ■ Vintners Restaurant License (City) $750.00 ❑ Vintners Restaurant License (County) $750.00 ❑ Arts License (City) $308.75 ❑ Arts License (County) $308.75 ❑ Beer and Wine License (City) $351.25 ❑ Beer and Wine License (County) $436.25 Li Brew Pub License (City) $750.00 ❑ Brew Pub License (County) $750.00 ❑ Club License (City) $308.75 ❑ Club License (County) $308.75 ❑ Distillery Pub License (City) $750.00 ❑ Distillery Pub License (County) $750.00 ❑ Hotel and Restaurant License (City $500.00 ❑ Hotel and Restaurant License (County) $500.00 ❑ Hotel and Restaurant License w/one opt premises (City) $600.00 ❑ Hotel and Restaurant License wtone opt premises(County) $600.00 Questions? Visit: www.colorado.gov/enforcement/llquorfor 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 checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: wwwcolorado.gov/enforcement/liquor for more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant information V A. Applicant/Licensee identified B. State sales tax license number listed or applied for at time of application \� C. License type or other transaction identified `ill D. Return originals to local authority O E. Additional information may be required by the local licensing authority II. Diagram of the premises \b A. No larger than 8 1/2" X 11" lfl B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) C. Separate diagram for each floor (if multiple levels) ■ D. Kitchen - identified if Hotel and Restaurant L■I E. Bold/Outlined Licensed Premises III. Proof of property possession (One Year Needed) • A. Deed in name of the Applicant (or) (matching question #2) date stamped / filed with County Clerk B. Lease in the name of the Applicant (or) (matching question #2) ❑ C. Lease Assignment in the name of the Applicant with proper consent from the Landlord and acceptance by the Applicant ❑ D. Other Agreement if not deed or lease. (matching question #2) (Attach prior lease to show right to assumption) IV,,, ^Background information and financial documents �J A. Individual History Records(s) (Form DR 8404-I) ❑ B. Firprints 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 (Copies to also be attached) V. Sole proprietor / husband and wife partnership • A. Form DR4679 • B. Copy of State issued Driver's License or Colorado Identification Card for each applicant VI. Corporate applicant information (if applicable) NA. Certificate of Incorporation dated stamped by the Secretary of State i B. Certificate of Good Standing 1i I C. Certificate of Authorization if foreign corporation ❑ D. List of officers, directors and stockholders of Applying Corporation (if wholly owned, designate a minimum of one person as Principal Officer of Parent) VII. Partnership applicant information (if applicable) • A. Partnership Agreement (general or limited). Not needed if husband and wife • B. Certificate of Good Standing (If formed after 2009) VIII.\Limited Liability Company applicant information (if applicable) WI A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office) -16 B. Certificate of Good Standing C. Copy of operating agreement • D. Certificate of Authority if foreign company IX. Manager registration for hotel and restaurant, tavern licenses when included with this application ❑ A. $75.00 fee B. Individual History Record (DR 8404-I) C. If owner is managing, no fee required 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? 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? ❑ 0 If you answered yes to 8a, b or c, explain in detail on a separate sheet. 9. Has a liquor license application (same license class), that was located within 500 feet of the proposed premises, been denied within the preceding two years? If "yes", explain in detail. ■ / 10. Are the premises to be licensed within 500 feet of any public or private school that meets compulsory education requirements of Colorado • i0 law, or the principal campus of any college, university or seminary? or Waiver by local ordinance? Other: ❑• 11. 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 current financial interest in said business including or directors if a corporation)? If yts, identify,the name of the business and list` y any loans to or from a licensee. QO_1 r L eB& ' -� r O %%a e urrf rtt tIl4tre5 • • 12. 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? 0 M Detail) ❑ Ownership II Lease $ Other (Explain in a. If leased, list name of landlord and tenant, and date of expiration, exactly as they appear on the lease: Landlord Rodolfo Montes Tenant Capricho Rojo LLC Fxpires 8)3I/1") b. Is a percentage of alcohol sales included as compensation to the landlord? If yes complete question 13. • 0 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". 13. 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 First Name Date of Birth FEIN or SSN Interest/Percentage Not Applicable Last Name First Name Date of Birth FEIN or SSN Interest/Percentage Attach copies of all notes and security instruments, and any written agreement, or details of any oral agreement, by which any person (including partnerships, corporations, limited liability companies, etc.) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or conditional in any way by volume, profit, sales, giving of advice or consultation. 14. Optional Premises or Hotel and Restaurant Licenses with Optional Premises: Has a local ordinance or resolution authorizing optional premises been adopted? • El Number of additional Optional Premise areas requested. (See license fee chart) d v 15. Liquor Licensed Drug Store applicants, answer the following: (a) Does the applicant for a Liquor Licensed Drug Store have a license issued by the Colorado Board of Pharmacy? •❑ If "yes" a copy of license must be attached. _ 16. Club Liquor License applicants answer the following: Attach a copy of applicable documentation (a) Is the applicant organization operated solely for a national, social, fraternal, patriotic, political or athletic purpose and not for pecuniary gain? E] (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? ❑ ❑ I (c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? ❑ ❑ 17. Brew -Pub License or Vintner Restaurant Applicants answer the following: (a) Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) • • 18a. For all on -premises applicants. (If this is an application for a Hotel, Restaurant or Tavern License, the manager must also submit an individual History Record - DR 8404-I) Last Name of Manager First Name of Manager Date of Birth Linder Maribel 18b. 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. • Name Type of License Account Number 19. 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 ❑ 12 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 20. If Directors, or 8404-I applicant members (Individual is General with a corporation, ownership History Partners, Record), partnership, and of 10% Managing or and association more submit in Members. fingerprint the or Applicant. limited In cards addition, liability to All the persons local company, applicant listed licensing applicant must list auttfri below any must stockholders, must y. list also all Officers, attach partners, form DR Name Maribel Linder Home Address, 1300 Wildrose City & State Court, Longmont, CO 80503 DOB Position Managing Membe %Owned 100 Name Home Address, City & State DOB Position % Owned Name Home Address, City & State DOB Position % Owned Name Home Address, City & State DOB Position % Owned Name Home Address, City & State DOB Position % Owned k* ** ** XApplicant If Applicant Corporations If total liquor ownership license is owned 100% - The President, percentage affirms that no pursuant by a parent company, please list the designated principal officer on question Vice -President, Secretary and Treasurer must be accounted for on question disclosed here does not total 100%, applicant must check this box: individual other than these disclosed herein, owns 10% or more of the applicant, to Title 47 or 48, C.R.S. #20 #20 (Include ownership percentage if applicable) and does not have ownership in a prohibited I declare complete em oy under to s the to co penalty !Dist ply o of my ith perjury t knowledge. provisions in the second I also of the acknowledge degree Colorado Oath that that Liquor Of this Applicant application it is or my Beer responsibility Code and all which attachments and affect the are responsibility my license. true, correct, and of my agents and ut sized ignature UAkOte Printed Maribel Name and Under, Title Managing Member Date 12/08/15 Report and Approval of Local Licensing Authority (City/County) Date applica ion iled with local authority Date of local authority application 12-47-311 hearing (for new (1) C.R.S.)/1, license applicants; cannot QC! te be less than 30 days from date of Ifitiangleits I7 aol5- The Local Licensing Authority Hereby Affirms that each person required to file DR 81\y/t; 4-(Individual History Record) has: Been fingerprinted Been subject to background investigation, including NCIC/CCIC check for outstanding warrants That compliance (Check the local One) authority has with, and aware conducted, or intends to conduct, of, liquor code provisions affecting a' an inspection their of the proposed premises to ensure class of license that the applicant is in Date of inspection or anticipated date 3 aQRae Will conduct inspection upon approval of state licensing authority The are the Therefore, satisfactory. desires foregoing of this application the application We adult do report inhabitants, has that is been approved. examined; such and license, will comply and if granted, the with premises, will the provisions business meet the of to reasonable Title be conducted, 12, requirements Article 46 and or 47, character of C.R.S. of the neighborhood the applicant and Local Licensing Authority Weld for County, Colorado Telephone Number 970-356-4000 Town, City County Signature Print Mike Freeman, Chair Title Weld County BoardDate of Commissioners 4/11/ Title Clerk to the Board 14JU// Date Signat re ttest) Print Y. EL / Itig 1r sther Gesick Jul ._ off' •16 4 COMMERCIAL LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into on September 1, 2015 by and between Rodolfo Montes dba RM Inc, whose address is 153 Eagle Avenue, Mead, CO 80542 (hereinafter referred to as "Landlord"), and Maribel Linder dba Capricho Rojo whose address is 1300 Wildrose Court, Longmont, CO 80503(hereinafter referred to as "Tenant"). ARTICLE I - GRANT OF LEASE Landlord, in consideration of the rents to be paid and the covenants and agreements to be performed and observed by the Tenant, does hereby lease to the Tenant and the Tenant does hereby lease and take from the Landlord the property described in Exhibit "A" attached hereto and by reference made a part hereof (the "Leased Premises"), together with, as part of the parcel, all improvements located thereon. Landlord is the owner of certain real estate described as 3101 Highway 119 in Weld County, Colorado (the "Real Estate"). The Real Estate is improved with a single story building (the "Improvements") (the Real Estate and the Improvements are collectively referred to as the "Property"). Landlord hereby leases and demises to Tenant the following described portion of the Property: Described in Exhibit "A". ARTICLE II - LEASE TERM Section 1. Total Term of Lease. The term of this Lease shall begin on the commencement date, as defined in Section 2 of this Article II, noon September 1, 2015, and shall terminate on midnight August 31, 2017 (the "Term"). Subject to Tenant's performance of all obligations under the Lease, including, without limitation, payment of Rent and Additional Rent, Tenant shall enjoy quiet possession of the Premises. ARTICLE III - EXTENSIONS Option to Extend. The parties hereto may elect to extend this Agreement upon such terms and conditions as may be agreed upon in writing and signed by the parties at the time of any such extension. Tenant shall, provided the Lease is in full force and effect and Tenant is not in default under any of the terms and conditions of the Lease at the time of notification or commencement, have one (1) option to extend this Lease for a term of three (3) years as of the date the extension term is to commence, on the same terms and conditions set forth in the Lease, except as modified by the terms, covenants and conditions as set forth below: (a) If Tenant elects to exercise said option, then Tenant shall provide Landlord with written notice no earlier than the date which is three (3) months prior to the expiration of the term of the Lease but no later than the date which is three (3) months prior to the expiration of the term of the Lease. If Tenant fails to provide such notice, Tenant shall have no further or additional right to extend or renew the term of the Lease. This option is not transferable; the parties hereto acknowledge and agree that they intend that the aforesaid option to extend this Lease shall be "personal" to Tenant as set forth above and that in no event will any assignee or sub lessee have any rights to exercise the aforesaid option to extend. Furthermore, and after successful execution of the three (3) year option, the Parties may elect to extend this Agreement upon such terms and conditions as may be agreed upon in writing and signed by the parties at the time of any such extension for a term of five (5) years, and subject to notification requirements set forth above. 1 ARTICLE IV - DETERMINATION OF RENT The Tenant agrees to pay the Landlord and the Landlord agrees to accept, during the term hereof, at such place as the Landlord shall from time to time direct by notice to the Tenant, rent at the following rates and times: Section L Annual Rent. Annual rent for the term of the Lease shall be: Year 1 $54,000.00 Dollars. Additional years of rent under this lease, provided the option to extend is exercised, will be as follows: Year 2: $4,500.00 per month; Annual Rent for the three (3) and five (5) year options shall be established as may be agreed upon in writing and signed by the parties at the time of any such extension. Section 2. Payment of Yearly Rent. The annual rent shall be payable in advance in equal monthly installments of one -twelfth (1/12th) of the total yearly rent, which shall be $4,500.00 Dollars, on the first day of each and every calendar month during the term hereof, and prorata for the fractional portion of any month. Reference to yearly rent hereunder shall not be implied or construed to the effect that this Lease or the obligation to pay rent hereunder is from year to year, or for any term shorter than the existing Lease term, plus any extensions as may be agreed upon. A fee of $500.00 is assessed if payment not received on or before the 5th day of each month. ARTICLE V - SECURITY DEPOSIT The Tenant has deposited with the Landlord the sum of $4,500.00 as security for the full and faithful performance by the Tenant of all the terms of this lease required to be performed by the Tenant. Such sum shall be paid on September 1, 2015. Such sum shall be returned to the Tenant after the expiration of this lease, provided the Tenant has fully and faithfully carried out all of its terms. In the event of a bona fide sale of the property of which the leased premises are a part, the Landlord shall have the right to transfer the security to the purchaser to be held under the terms of this lease, and the Landlord shall be released from all liability for the return of such security to the Tenant. Tenant may not use the security deposit in lieu of rent. Landlord may apply funds from the security deposit as necessary to pay any expenses incurred or losses suffered as a result of any failure by Tenant to perform Tenant's obligations under this Lease. Tenant agrees to replenish the security deposit to its original amount within ten (10) days of receipt by Tenant of a written request from Landlord if it is so used. Failure to do so shall constitute a breach of this Lease. It is the duty of the Tenant to return the premises, including any appliances, outside areas, yards and driveways to the conditions at the commencement of this Lease, except for ordinary wear and tear. The duty of the Tenant includes the duty to return the premises in a clean and sanitary condition. Landlord shall return the security deposit to Tenant no less than fourteen (14) and not more than sixty (60) days after termination of this lease or surrender and acceptance of premises, whichever occurs last. If actual cause exists for retaining any portion of the security deposit, Landlord shall provide Tenant with a written statement consisting of a "security deposit refund report" listing exact reasons for retaining that portion. ARTICLE VI — TAXES Section 1. Personal Property Taxes. Landlord is liable for all taxes levied against personal property owned by Landlord. The Tenant shall be liable for all taxes levied against any leasehold interest of the Tenant or personal property and trade fixtures owned or placed by the Tenant in the Leased Premises. Section 2. Property Taxes. Landlord shall pay all property taxes. 2 ARTICLE VII - CONSTRUCTION AND COMPLETION Section 1. Improvements by TENANT. Tenant may only make those improvements which do not require any structural construction, or require certificates, permits, licenses and other authorizations of governmental bodies or authorities, and with Landlord's prior written authorization. Nothing herein shall alter the intent of the parties that Tenant shall be fully and completely responsible for all aspects pertaining to any improvements of the demised premises and for the payment of all costs associated therewith. Neither Tenant nor any third party may construe the permission granted Tenant hereunder to create any responsibility on the part of the Landlord to pay for any improvements, alterations or repairs occasioned by the Tenant. The Tenant shall keep the property free and clear of all liens and, should the Tenant fail to do so, or to have any liens removed from the property within fourteen (14) days of notification to do so by the Landlord , in addition to all other remedies available to the Landlord , the Tenant shall indemnify and hold the Landlord harmless for all costs and expenses, including attorney's fees, occasioned by the Landlord in having said lien removed from the property; and, such costs and expenses shall be billed to the Tenant monthly and shall be payable by the Tenant with that month's regular monthly rental as additional reimbursable expenses to the Landlord by the Tenant. Section 2. UTILITIES. Tenant shall pay for all utilities for the Premises, sanitation, sewer, electricity, light, heat, gas, power, fuel, janitorial, satellite/cable TV, internet access, and other services incident to Tenant's use of the Leased Premises, whether or not the cost thereof be a charge or imposition against the Leased Premises. Tenant acknowledges that the potable water supply is a well located on the premises. The potable water requires consistent monitoring by the Weld County Health Department at an approximate quarterly cost of $75.00. This cost will be borne by Tenant. In addition, monthly monitoring of the well is required. The cost of monthly monitoring shall be borne by Landlord. ARTICLE VIII - OBLIGATIONS FOR REPAIRS Section 1. LANDLORD'S Repairs. Subject to any provisions herein to the contrary, and except for maintenance or replacement necessitated as the result of the act or omission of sub -lessees, licensees or contractors, the Landlord shall be required to repair only defects, deficiencies, deviations or failures of materials or workmanship in the structural integrity of the building. The Landlord shall keep the Leased Premises free of such structural defects, deficiencies, deviations or failures during the first twelve (12) months of the term hereof. Section 2. TENANT'S Repairs. The Tenant shall repair and maintain the Leased Premises in good order and condition, except for reasonable wear and tear, the repairs required of Landlord pursuant hereto, and maintenance or replacement necessitated as the result of the act or omission or negligence of the Landlord, its employees, agents, or contractors. Section 3. REQUIREMENTS of the Law. The Tenant agrees that if any federal, state or municipal government or any department or division thereof shall condemn the Leased Premises or any part thereof as not in conformity with the laws and regulations relating to the construction thereof as of the commencement date with respect to conditions latent or otherwise which existed on the Commencement Date, or, with respect to items which are the Landlord's duty to repair pursuant to Section 1 and 3 of this Article; and such federal, state or municipal government or any other department or division thereof, has ordered or required, or shall hereafter order or require, any alterations or repairs thereof or installations and repairs as may be necessary to comply with such laws, orders or requirements (the validity of which the Tenant shall be entitled to contest); and if by reason of such laws, orders or the work done by the Landlord in connection therewith, the Tenant is deprived of the use of the Leased Premises, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that 3 portion of the Leased Premises of which, the Tenant shall be deprived as a result thereof, and the Landlord shall be obligated to make such repairs, alterations or modifications at Landlord's expense. All such rebuilding, altering, installing and repairing shall be done in accordance with Plans and Specifications approved by the Tenant, which approval shall not be unreasonably withheld. If, however, such condemnation, law, order or requirement, as in this Article set forth, shall be with respect to an item which shall be the Tenant's obligation to repair pursuant to Section 2 of this Article VII or with respect to Tenant's own costs and expenses, no abatement or adjustment of rent shall be granted; provided, however, that Tenant shall also be entitled to contest the validity thereof Section 4. TENANT'S Alterations. The Tenant shall have the right, at its sole expense, from time to time, to redecorate the Leased Premises and to make such non-structural alterations and changes in such parts thereof as the Tenant shall deem expedient or necessary for its purposes; provided, however, that such alterations and changes shall neither impair the structural soundness nor diminish the value of the Leased Premises, and provided Tenant receives Landlord approval in advance of such work. Such Tenant alterations will be governed by Article VII - Construction and Completion. Section 1, Improvements by Tenant, as to Tenant's costs of such improvements. Section 5. PERMITS and Expenses. Each party agrees that it will procure all necessary permits for making any repairs, alterations, or other improvements for installations, when applicable. Each Party hereto shall give written notice to the other party of any repairs required of the other pursuant to the provisions of this Article and the party responsible for said repairs agrees promptly to commence such repairs and to prosecute the same to completion diligently, subject, however, to the delays occasioned by events beyond the control of such party. Each party agrees to pay promptly when due the entire cost of any work done by it upon the Leased Premises so that the Leased Premises at all times shall be free of liens for labor and materials. Each party further agrees to hold harmless and indemnify the other party from and against any and all injury, loss, claims or damage to any person or property occasioned by or arising out of the doing of any such work by such party or its employees, agents or contractors. Each party further agrees that in doing such work that it will employ materials of good quality and comply with all governmental requirements, and perform such work in a good and workmanlike manner. ARTICLE IX - TENANT'S COVENANTS Section 1. TENANT's Covenants. Tenant covenants and agrees as follows: a. To procure any licenses and permits required for any use made of the Leased Premises by Tenant, and upon the expiration or termination of this Lease, to remove its goods and effects and those of all persons claiming under it, and to yield up peaceably to Landlord the Leased Premises in good order, repair and condition in all respects; excepting only damage by fire and casualty covered by Tenant's insurance coverage, and reasonable wear and tear; b. To permit Landlord and its agents to examine the Leased Premises at reasonable times and to show the Leased Premises to prospective purchasers of the Building and to provide Landlord, if not already available, with a set of keys for the purpose of said examination, provided that Landlord shall not thereby unreasonably interfere with the conduct of Tenant's business; c. To permit Landlord to enter the Leased Premises to inspect such repairs, improvements, alterations or additions thereto as may be required under the provisions of this Lease. If, as a result of such Landlord required repairs, improvements, alterations, or additions, Tenant is deprived of the use of the Leased 4 Premises, the rent shall be abated or adjusted, as the case may be, in proportion to that time during which, and to that portion of the Leased Premises of which, Tenant shall be deprived as a result thereof. ARTICLE X - INDEMNITY BY I ENANT Section 1. INDEMNITY and Public Liability. The Tenant shall hold Landlord harmless and indemnify Landlord from all injury, loss, claims or damage to any person or property while on the Leased Premises, unless caused by the willful acts or omissions or gross negligence of Landlord, its employees, agents, licensees or contractors. Tenant shall maintain, with respect to the Leased Premises, public liability insurance with limits of not less than one million dollars for injury or death from one accident and $250,000.00 property damage insurance, insuring Landlord and Tenant against injury to persons or damage to property on or about the Leased Premises. A copy of the policy or a certificate of insurance shall be delivered to Landlord on or before the commencement date and no such policy shall be cancellable without ten (10) days prior written notice to Landlord. ARTICLE XI - USE OF PROPERTY BY TENANT Section 1. Use. The Leased Premises may be occupied and used by Tenant exclusively as a Bar and Nightclub, to be duly registered with the appropriate governing authorities, including approved liquor license. In event liquor license not approved, or revoked, the lease shall cancel as provided herein. Nothing herein shall give Tenant the right to use the property for any other purpose or to sublease, assign, or license the use of the property to any sub -lessee, assignee, or licensee, which or who shall use the property for any other use. ARTICLE XII - SIGNAGE Section 1. EXTERIOR Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect and thereafter, to repair or replace, if it shall so elect signs on any portion of the Leased Premises, providing that Tenant shall remove any such signs upon termination of this lease, and repair all damage occasioned thereby to the Leased Premises. Section 2. INTERIOR Signs. Tenant shall have the right, at its sole risk and expense and in conformity with applicable laws and ordinances, to erect, maintain, place and install its usual and customary signs and fixtures in the interior of the Leased Premises. ARTICLE XIII - INSURANCE Section 1. INSURANCE Proceeds. In the event of any damage to or destruction of the Leased Premises, Tenant shall adjust the loss and settle all claims with the insurance companies issuing such policies. The parties hereto do irrevocably assign the proceeds from such insurance policies for the purposes hereinafter stated to any institutional first mortgagee or to Landlord and Tenant jointly, if no institutional first mortgagee then holds an interest in the Leased Premises. All proceeds of said insurance shall be paid into a trust fund under the control of any institutional first mortgagee, or of Landlord and Tenant if no institutional first mortgagee then holds an interest in the Leased Premises, for repair, restoration, rebuilding or replacement, or any combination thereof, of the Leased Premises or of the improvements in the Leased Premises. In case of such damage or destruction, Landlord shall be entitled to make withdrawals from such trust fund, from time to time, upon presentation of a. Bills for labor and materials expended in repair, restoration, rebuilding or replacement, or any combination thereof; 5 b. Landlord's sworn statement that such labor and materials for which payment is being made have been furnished or delivered on site; and c. The certificate of a supervising architect (selected by Landlord and Tenant and approved by an institutional first mortgagee, if any, whose fees will be paid out of said insurance proceeds) certifying that the work being paid for has been completed in accordance with the Plans and Specifications previously approved by Landlord, Tenant and any institutional first mortgagee in a first class, good and workmanlike manner and in accordance with all pertinent governmental requirements. Any insurance proceeds in excess of such proceeds as shall be necessary for such repair, restoration, rebuilding, replacement or any combination thereof shall be the sole property of Landlord subject to any rights therein of Landlord's mortgagee, and if the proceeds necessary for such repair, restoration, rebuilding or replacement, or any combination thereof shall be inadequate to pay the cost thereof, Tenant shall suffer the deficiency. Section 2. Subrogation. Landlord and Tenant hereby release each other, to the extent of the insurance coverage provided hereunder, from any and all liability or responsibility (to the other or anyone claiming through or under the other by way of subrogation or otherwise) for any loss to or damage of property covered by the fire and extended coverage insurance policies insuring the Leased Premises and any of Tenant's property, even if such loss or damage shall have been caused by the fault or negligence of the other party. Section 3. Contribution. Tenant shall reimburse Landlord for all insurance premiums connected with or applicable to the Leased Premises for whatever insurance policy the Landlord, at its sole and exclusive option, should select. ARTICLE XIV - DAMAGE TO DEMISED PREMISES Section 1. ABATEMENT or Adjustment of Rent. If the whole or any part of the Leased Premises shall be damaged or destroyed by fire or other casualty after the execution of this Lease and before the termination hereof, then in every case the rent reserved in Article IV herein and other charges, if any, shall be abated or adjusted, as the case may be, in proportion to that portion of the Leased Premises of which Tenant shall be deprived on account of such damage or destruction and the work of repair, restoration, rebuilding, or replacement or any combination thereof, of the improvements so damaged or destroyed, shall in no way be construed by any person to effect any reduction of sums or proceeds payable under any rent insurance policy. Section 2. REPAIRS and Restoration. Landlord agrees that in the event of the damage or destruction of the Leased Premises, Landlord forthwith shall proceed to repair, restore, replace or rebuild the Leased Premises (excluding Tenant's leasehold improvements), to substantially the condition in which the same were immediately prior to such damage or destruction. The Landlord thereafter shall diligently prosecute said work to completion without delay or interruption except for events beyond the reasonable control of Landlord. Notwithstanding the foregoing, if Landlord does not either obtain a building permit within ninety (90) days of the date of such damage or destruction, or complete such repairs, rebuilding or restoration and comply with conditions (a), (b) and (c) in Section 1 of Article XIII within nine (9) months of such damage or destruction, then Tenant may at any time thereafter cancel and terminate this Lease by sending ninety (90) days written notice thereof to Landlord , or, in the alternative, Tenant may, during said ninety (90) day period, apply for the same and Landlord shall cooperate with Tenant in Tenant's application. Notwithstanding the foregoing, if such damage or destruction shall occur during the last year of the term of this Lease, or during any renewal term, and shall amount to twenty-five 6 (25%) percent or more of the replacement cost, (exclusive of the land and foundations), this Lease, except as hereinafter provided in Section 3 of Article XV, may be terminated at the election of either Landlord or Tenant, provided that notice of such election shall be sent by the party so electing to the other within thirty (30) days after the occurrence of such damage or destruction. Upon termination, as aforesaid, by either party hereto, this Lease and the term thereof shall cease and come to an end, any unearned rent or other charges paid in advance by Tenant shall be refunded to Tenant, and the parties shall be released hereunder, each to the other, from all liability and obligations hereunder thereafter arising. ARTICLE XV - CONDEMNATION Section 1. Total Taking. If, after the execution of this Lease and prior to the expiration of the term hereof, the whole of the Leased Premises shall be taken under power of eminent domain by any public or private authority, or conveyed by Landlord to said authority in lieu of such taking, then this Lease and the term hereof shall cease and terminate as of the date when possession of the Leased Premises shall be taken by the taking authority and any unearned rent or other charges, if any, paid in advance, shall be refunded to Tenant. Section 2. Partial Taking. If, after the execution of this Lease and prior to the expiration of the term hereof, any public or private authority shall, under the power of eminent domain, take, or Landlord shall convey to said authority in lieu of such taking, property which results in a reduction by fifteen (15%) percent or more of the area in the Leased Premises, or of a portion of the Leased Premises that substantially interrupts or substantially obstructs the conducting of business on the Leased Premises; then Tenant may, at its election, terminate this Lease by giving Landlord notice of the exercise of Tenant's election within thirty (30) days after Tenant shall receive notice of such taking. In the event of termination by Tenant under the provisions of Section 1 of this Article XV, this Lease and the term hereof shall cease and terminate as of the date when possession shall be taken by the appropriate authority of that portion of the Entire Property that results in one of the above takings, and any unearned rent or other charges, if any, paid in advance by Tenant shall be refunded to Tenant. Section 3. Restoration. In the event of a taking in respect of which Tenant shall not have the right to elect to terminate this Lease or, having such right, shall not elect to terminate this Lease, this Lease and the term thereof shall continue in full force and effect and Landlord, at Landlord's sole cost and expense forthwith shall restore the remaining portions of the Leased Premises, including any and all improvements made theretofore to an architectural whole in substantially the same condition that the same were in prior to such taking. A just proportion of the rent reserved herein and any other charges payable by Tenant hereunder, according to the nature and extent of the injury to the Leased Premises and to Tenant's business, shall be suspended or abated until the completion of such restoration and thereafter the rent and any other charges shall be reduced in proportion to the square footage of the Leased Premises remaining after such taking. Section 4. The Award. All compensation awarded for any taking, whether for the whole or a portion of the Leased Premises, shall be the sole property of the Landlord whether such compensation shall be awarded for diminution in the value of, or loss of, the leasehold or for diminution in the value of, or loss of, the fee in the Leased Premises, or otherwise. The Tenant hereby assigns to Landlord all of Tenant's right and title to and interest in any and all such compensation. However, the Landlord shall not be entitled to and Tenant shall have the sole right to make its independent claim for and retain any portion of any award made by the appropriating authority directly to Tenant for loss of business, or damage to or depreciation of, and cost of removal of fixtures, personal and improvements installed in the Leased Premises by, or at the expense of Tenant, and to any other award made by the appropriating authority directly to Tenant. 7 Section 5. Release. In the event of any termination of this Lease as the result of the provisions of this Article XV, the parties, effective as of such termination, shall be released, each to the other, from all liability and obligations thereafter arising under this lease. ARTICLE XVI - DEFAULT Section 1. LANDLORD'S Remedies. In the event that: a. Tenant shall on three or more occasions be in default in the payment of rent or other charges herein required to be paid by Tenant (default herein being defined as payment received by Landlord five or more days subsequent to the due date), regardless of whether or not such default has occurred on consecutive or non-consecutive months; or b. Tenant has caused a lien to be filed against the Landlord's property and said lien is not removed within thirty (30) days of recordation thereof, or c. Tenant shall default in the observance or performance of any of the covenants and agreements required to be performed and observed by Tenant hereunder for a period of thirty (30) days after notice to Tenant in writing of such default (or if such default shall reasonably take more than thirty (30) days to cure, Tenant shall not have commenced the same within the thirty (30) days and diligently prosecuted the same to completion); or d. Sixty (60) days have elapsed after the commencement of any proceeding by or against Tenant, whether by the filing of a petition or otherwise, seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or future Federal Bankruptcy Act or any other present or future applicable federal, state or other statute or law, whereby such proceeding shall not have been dismissed (provided, however, that the non -dismissal of any such proceeding shall not be a default hereunder so long as all of Tenant's covenants and obligations hereunder are being performed by or on behalf of Tenant); then Landlord shall be entitled to its election (unless Tenant shall cure such default prior to such election), to exercise concurrently or successively, any one or more of the following rights: i. Terminate this Lease by giving Tenant notice of termination, in which event this Lease shall expire and terminate on the date specified in such notice of termination, with the same force and effect as though the date so specified were the date herein originally fixed as the termination date of the term of this Lease, and all rights of Tenant under this Lease and in and to the Premises shall expire and terminate, and Tenant shall remain liable for all obligations under this Lease arising up to the date of such termination, and Tenant shall surrender the Premises to Landlord on the date specified in such notice; or ii. Terminate this Lease as provided herein and recover from Tenant all damages Landlord may incur by reason of Tenant's default, including, without limitation, a sum which, at the date of such termination, represents the then value of the excess, if any, of (a) the Minimum Rent, Percentage Rent, Taxes and all other sums which would have been payable hereunder by Tenant for the period commencing with the day following the date of such termination and ending with the date herein before set for the expiration of the full term hereby granted, over (b) the aggregate reasonable rental value of the Premises for the same period, all of which excess sum shall be deemed immediately due and payable; or iii. Without terminating this Lease, declare immediately due and payable all Minimum Rent, Taxes, and other rents and amounts due and coming due under this Lease for the entire remaining term hereof, together with all other amounts previously due, at once; provided, however, that such payment shall not 8 be deemed a penalty or liquidated damages but shall merely constitute payment in advance of rent for the remainder of said term. Upon making such payment, Tenant shall be entitled to receive from Landlord all rents received by Landlord from other assignees, tenants, and subtenants on account of said Premises during the term of this Lease, provided that the monies to which tenant shall so become entitled shall in no event exceed the entire amount actually paid by Tenant to Landlord pursuant to the preceding sentence less all costs, expenses and attorney's fees of Landlord incurred in connection with the re -letting of the Premises; or iv. Without terminating this Lease, and with or without notice to Tenant, Landlord may in its own name but as agent for Tenant enter into and upon and take possession of the Premises or any part thereof, and, at landlord's option, remove persons and property there from, and such property, if any, may be removed and stored in a warehouse or elsewhere at the cost of, and for the account of Tenant, all without being deemed guilty of trespass or becoming liable for any loss or damage which may be occasioned thereby, and Landlord may rent the Premises or any portion thereof as the agent of Tenant with or without advertisement, and by private negotiations and for any term upon such terms and conditions as Landlord may deem necessary or desirable in order to re -let the Premises. Landlord shall in no way be responsible or liable for any rental concessions or any failure to rent the Premises or any part thereof, or for any failure to collect any rent due upon such re -letting. Upon such re -letting, all rentals received by Landlord from such re -letting shall be applied: first, to the payment of any indebtedness (other than any rent due hereunder) from Tenant to Landlord; second, to the payment of any costs and expenses of such re - letting, including, without limitation, brokerage fees and attorney's fees and costs of alterations and repairs; third, to the payment of rent and other charges then due and unpaid hereunder; and the residue, if any shall be held by Landlord to the extent of and for application in payment of future rent as the same may become due and payable hereunder. In re -letting the Premises as aforesaid, Landlord may grant rent concessions and Tenant shall not be credited therefor. If such rentals received from such re -letting shall at any time or from time to time be less than sufficient to pay to Landlord the entire sums then due from Tenant hereunder, Tenant shall pay any such deficiency to Landlord. Such deficiency shall, at Landlord's option, be calculated and paid monthly. No such re -letting shall be construed as an election by Landlord to terminate this Lease unless a written notice of such election has been given to Tenant by Landlord. Notwithstanding any such re -letting without termination, Landlord may at any time thereafter elect to terminate this Lease for any such previous default provided same has not been cured; or v. Without liability to Tenant or any other party and without constituting a constructive or actual eviction, suspend or discontinue furnishing or rendering to Tenant any property, material, labor, Utilities or other service, whether Landlord is obligated to furnish or render the same, so long as Tenant is in default under this Lease; or vi. Allow the Premises to remain unoccupied and collect rent from Tenant as it comes due; or vii. Foreclose the security interest described herein, including the immediate taking of possession of all property on or in the Premises; or viii. Pursue such other remedies as are available at law or equity. e. Landlord's pursuit of any remedy of remedies, including without limitation, any one or more of the remedies stated herein shall not (1) constitute an election of remedies or preclude pursuit of any other remedy or remedies provided in this Lease or any other remedy or remedies provided by law or in equity, separately or concurrently or in any combination, or (2) sever as the basis for any claim of constructive eviction, or allow Tenant to withhold any payments under this Lease. 9 Section 2. LANDLORD'S Self Help. If in the performance or observance of any agreement or condition in this Lease contained on its part to be performed or observed and shall not cure such default within thirty (30) days after notice from Landlord specifying the default (or if such default shall reasonably take more than thirty (30) days to cure, shall diligently prosecute the same to completion), Landlord may, at its option, without waiving any claim for damages for breach of agreement, at any time thereafter cure such default for the account of Tenant, and any amount paid or contractual liability incurred by Landlord in so doing shall be deemed paid or incurred for the account of Tenant and Tenant agrees to reimburse Landlord therefor and hold Landlord harmless there from. Provided, however, that Landlord may cure any such default as aforesaid prior to the expiration of said waiting period, without notice to Tenant if any emergency situation exists, or after notice to Tenant, if the curing of such default prior to the expiration of said waiting period is reasonably necessary to protect the Leased Premises or Landlord's interest therein, or to prevent injury or damage to persons or property. If Tenant shall fail to reimburse Landlord upon demand for any amount paid for the account of Tenant hereunder, said amount shall be added to and become due as a part of the next payment of rent due and shall for all purposes be deemed and treated as rent hereunder. ARTICLE XVII - TITLE Section 1. Subordination. Tenant shall, upon the request of Landlord in writing, subordinate this Lease to the lien of any present or future institutional mortgage upon the Leased Premises irrespective of the time of execution or the time of recording of any such mortgage. Provided, however, that as a condition to such subordination, the holder of any such mortgage shall enter first into a written agreement with Tenant in form suitable for recording to the effect that: a. In the event of foreclosure or other action taken under the mortgage by the holder thereof, this Lease and the rights of Tenant hereunder shall not be disturbed but shall continue in full force and effect so long as Tenant shall not be in default hereunder, and b. Such holder shall permit insurance proceeds and condemnation proceeds to be used for any restoration and repair required by the provisions of Articles XIII, XIV or XV, respectively. Tenant agrees that if the mortgagee or any person claiming under the mortgagee shall succeed to the interest of Landlord in this Lease, Tenant will recognize said mortgagee or person as its Landlord under the terms of this Lease, provided that said mortgagee or person for the period during which said mortgagee or person respectively shall be in possession of the Leased Premises and thereafter their respective successors in interest shall assume all of the obligations of Landlord hereunder. The word "mortgage", as used herein includes mortgages, deeds of trust or other similar instruments, and modifications, and extensions thereof. The term "institutional mortgage" as used in this Article XVII means a mortgage securing a loan from a bank (commercial or savings) or trust company, insurance company or pension trust or any other lender institutional in nature and constituting a lien upon the Leased Premises. Section 2. QUIET Enjoyment. Landlord covenants and agrees that upon Tenant paying the rent and observing and performing all of the terms, covenants and conditions on Tenant's part to be observed and performed hereunder, that Tenant may peaceably and quietly have, hold, occupy and enjoy the Leased Premises in accordance with the terms of this Lease without hindrance or molestation from Landlord or any persons lawfully claiming through Landlord. Section 3. ZONING and Good Title. Landlord warrants and represents, upon which warranty and representation Tenant has relied in the execution of this Lease, that Landlord is the owner of the Leased Premises, in fee simple absolute, free and clear of all encumbrances, except for the easements, covenants and restrictions of record as of the date of this Lease. Such exceptions shall not impede or interfere with the quiet use and enjoyment of the Leased Premises by Tenant. Landlord further warrants and covenants 10 that this Lease is and shall be a first lien on the Leased Premises, subject only to any Mortgage to which this Lease is subordinate or may become subordinate pursuant to an agreement executed by Tenant, and to such encumbrances as shall be caused by the acts or omissions of Tenant; that Landlord has full right and lawful authority to execute this Lease for the term, in the manner, and upon the conditions and provisions herein contained; that there is no legal impediment to the use of the Leased Premises as set out herein; that the Leased Premises are not subject to any easements, restrictions, zoning ordinances or similar governmental regulations which prevent their use as set out herein; that the Leased Premises presently are zoned for the use contemplated herein and throughout the term of this lease may continue to be so used therefor by virtue of said zoning, under the doctrine of "non -conforming use", or valid and binding decision of appropriate authority, except, however, that said representation and warranty by Landlord shall not be applicable in the event that Tenant's act or omission shall invalidate the application of said zoning, the doctrine of "non -conforming use" or the valid and binding decision of the appropriate authority. Landlord shall furnish without expense to Tenant, within thirty (30) days after written request therefor by Tenant, a title report covering the Leased Premises showing the condition of title as of the date of such certificate, provided, however, that Landlord's obligation hereunder shall be limited to the furnishing of only one such title report. ARTICLE XVIII - EXTENSIONS/WAIVERS/DISPUTES Section 1. EXTENSION Period. Any extension hereof shall be subject to the provisions of Article III hereof. Section 2. HOLDING Over. In the event that Tenant or anyone claiming under Tenant shall continue occupancy of the Leased Premises after the expiration of the term of this Lease or any renewal or extension thereof without any agreement in writing between Landlord and Tenant with respect thereto, such occupancy shall not be deemed to extend or renew the term of the Lease, but such occupancy shall continue as a tenancy at will, from month to month, upon the covenants, provisions and conditions herein contained. The rental shall be the rental in effect during the term of this Lease as extended or renewed, prorated and payable for the period of such occupancy. Section 3. Waivers. Failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, shall not be deemed to be a waiver by said party of any of its rights hereunder. No waiver by either party at any time, express or implied, of any breach of any provision of this Lease shall be deemed a waiver of a breach of any other provision of this Lease or a consent to any subsequent breach of the same or any other provision. If any action by either party shall require the consent or approval of the other party, the other party's consent to or approval of such action on any one occasion shall not be deemed a consent to or approval of said action on any subsequent occasion or a consent to or approval of any other action on the same or any subsequent occasion. Any and all rights and remedies which either party may have under this Lease or by operation of law, either at law or in equity, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other, and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other; and any two or more or all of such rights and remedies may be exercised at the same time. Section 4. Disputes. It is agreed that, if at any time a dispute shall arise as to any amount or sum of money to be paid by one party to the other under the provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such payment shall not be regarded as a voluntary payment and there shall survive the right on the part of the said party to institute suit for the recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to 11 recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. If at any time a dispute shall arise between the parties hereto as to any work to be performed by either of them under the provisions hereof, the party against whom the obligation to perform the work is asserted may perform such work and pay the costs thereof "under protest" and the performance of such work shall in no event be regarded as a voluntary performance and shall survive the right on the part of the said party to institute suit for the recovery of the costs of such work. If it shall be adjudged that there was no legal obligation on the part of the said party to perform the same or any part thereof, said party shall be entitled to recover the costs of such work or the cost of so much thereof as said party was not legally required to perform under the provisions of this Lease and the amount so paid by Tenant may be withheld or deducted by Tenant from any rents herein reserved. Section 5. Notices. All notices and other communications authorized or required hereunder shall be in writing and shall be given by mailing the same by certified mail, return receipt requested, postage prepaid, and any such notice or other communication shall be deemed to have been given when received by the party to whom such notice or other communication shall be addressed. If intended for Landlord the same will be mailed to the address herein above set forth or such other address as Landlord may hereafter designate by notice to Tenant, and if intended for Tenant, the same shall be mailed to Tenant at the address herein above set forth, or such other address or addresses as Tenant may hereafter designate by notice to Landlord. ARTICLE XIX - PROPERTY DAMAGE Section 1. LOSS and Damage. Notwithstanding any contrary provisions of this Lease, Landlord shall not be responsible for any loss of or damage to property of Tenant or of others located on the Leased Premises, except where caused by the willful act or omission or negligence of Landlord , or Landlord's agents, employees or contractors. Section 2. FORCE Majeure. In the event that Landlord or Tenant shall be delayed or hindered in or prevented from the performance of any act other than Tenant's obligation to make payments of rent, additional rent, and other charges required hereunder, by reason of strikes, lockouts, unavailability of materials, failure of power, restrictive governmental laws or regulations, riots, insurrections, the act, failure to act, or default of the other party, war or other reason beyond its control, then performance of such act shall be excused for the period of the delay and the period for the performance of such act shall be extended for a period equivalent to the period of such delay. Notwithstanding the foregoing, lack of funds shall not be deemed to be a cause beyond control of either party. ARTICLE XX - MISCELLANEOUS Section 1. ASSIGNMENT and Subletting. Under the terms and conditions hereunder, Tenant does not have any right to transfer and assign this lease or to sublet all or any portion of the Leased Premises or to cease operating Tenant's business on the Leased Premises. Landlord must consent in writing to any sub- lessee or assignee, although such consent shall not be unreasonably withheld. The use of the Leased Premises by such assignee or sub -lessee shall be expressly limited by and to the provisions of this lease. A sublet of this Lease does not terminate Tenant's obligation to pay rent. Section 2. Fixtures. All personal property, furnishings and equipment presently and all other trade fixtures installed in or hereafter by or at the expense of Tenant and all additions and/or improvements, exclusive of structural, mechanical, electrical, and plumbing, affixed to the Leased Premises and used in the operation of the Tenant's business made to, in or on the Leased Premises by and at the expense of Tenant and susceptible of being removed from the Leased Premises without damage, unless such damage be repaired by Tenant, shall remain the property of Tenant and Tenant may, but shall not be 12 obligated to, remove the same or any part thereof at any time or times during the term hereof, provided that Tenant, at its sole cost and expense, shall make any repairs occasioned by such removal. Section 3. ESTOPPEL Certificates. At any time and from time to time, Landlord and Tenant each agree, upon request in writing from the other, to execute, acknowledge and deliver to the other or to any person designated by the other a statement in writing certifying that the Lease is unmodified and is in full force and effect, or if there have been modifications, that the same is in full force and effect as modified (stating the modifications), that the other party is not in default in the performance of its covenants hereunder, or if there have been such defaults, specifying the same, and the dates to which the rent and other charges have been paid. Section 4. INVALIDITY of Particular Provision. If any term or provision of this Lease or the application hereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. Section 5. CAPTIONS and Definitions of Parties. The captions of the Sections of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. The word "Landlord" and the pronouns referring thereto, shall mean, where the context so admits or requires, the persons, firm or corporation named herein as Landlord or the mortgagee in possession at any time, of the land and building comprising the Leased Premises. If there is more than one Landlord, the covenants of Landlord shall be the joint and several obligations of each of them, and if Landlord is a partnership, the covenants of Landlord shall be the joint and several obligations of each of the partners and the obligations of the firm. Any pronoun shall be read in the singular or plural and in such gender as the context may require. Except as in this Lease otherwise provided, the terms and provisions of this Lease shall be binding upon, and inure to, the benefit of the parties hereto, and to their respective successors and assigns. Nothing contained herein shall be deemed or construed by the parties hereto nor by any third party as creating the relationship of principal and agent or of partnership or of a joint venture between the parties hereto, it being understood and agreed that neither any provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Landlord and Tenant. Section 6. Brokerage. No party has acted as, by or through a broker in the effectuation of this Agreement, except as set out hereinafter. Section 7. ENTIRE Agreement. This instrument contains the entire and only agreement between the parties, and no oral statements or representations or prior written matter not contained in this instrument shall have any force and effect. This Lease shall not be modified in any way except by a writing executed by both parties. Section 8. Governing Law. All matters pertaining to this agreement (including its interpretation, application, validity, performance and breach) in whatever jurisdiction action may be brought, shall be governed by, construed and enforced in accordance with the laws of the State of Colorado. The parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in Weld County, State of Colorado. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable and necessary attorney's fees, court costs, and all other expenses in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by 13 said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable. Section 9. EXTRAORDINARY remedies. To the extent cognizable at law, the parties hereto, in the event of breach and in addition to any and all other remedies available thereto, may obtain injunctive relief Section 10. RELIANCE on Financial Statement. Tenant may be asked to furnish concurrently with the execution of this lease, a financial statement of Tenant. Tenant, both in corporate capacity, if applicable, and individually, hereby represents and warrants that all the information contained therein is complete, true, and correct. Tenant understands that Landlord is relying upon the accuracy of the information contained therein. Should there be found to exist any inaccuracy within the financial statement which adversely affects Tenant's financial standing, or should Tenant's financial circumstances materially change, Landlord may demand, as additional security, an amount equal to an additional two (2) months' rent, which additional security shall be subject to all terms and conditions herein, require a fully executed guaranty by a third party acceptable to Landlord, elect to terminate this Lease, or hold Tenant personally and individually liable hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written or have caused this Lease to be executed by their respective officers thereunto dul uthorized. Signed, sealed and delivered in the presence of: ecL©(rip MG./.5 RODOLFO MONTES "LANDLORD" MARIB LINDER "T ANT COUNTY OF BOULDER ) ss STATE OF COLORADO Subscribed and sworn to before me on Notary Public (county, state) My commission expires: 14 • r- VIIIIIIIIIII 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) 1. Name of Business Capricho Rojo LLC Home Phone Number 303-485-8839 ' Cellular Number 720-220-6228 2. Your Full Name (last, first, middle) Linder, Maribel 3. List any other names you have used None 4. Mailing address (if different from residence) 1300 Wildrose Court Email Address maribellacdj@gmail.com 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 1300 Wildrose Court Longmont, Colorado 80503 10/09/98 11/05/15 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 Plaza Juarez, Inc. 1300 Wildrose Court,Longmont, CO 80503 Owner 09/28/00 12/08/15 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 ww 'Vrr1/A 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 Owned Plaza Juarez LLC dba Oscar's Pub, Boulder, Colorado from 02/12/2005 to 01/28/2013. The business never had a liquor license violation, or any other municipal violation. The liquor license was voluntarily abandoned, and the organization voluntarily dissolved, due to sale of the leased property upon which the business was located. 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you ❑ Yes applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) ►5 No 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 See Attached Certified Court Dispositions. Misdemeanor issues fully disposed satisfactorily. 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (If yes, explain in detail.) ❑ Yes X No 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) ❑ Yes ►4 No Personal and Financial Information Unless otherwise provided by law, the personal information required in question #13 will be treated as confidential. The personal information required in question #13 is solely for identification purposes. 13a. Date of Birth b. Social Security Number c. Place of Birth Torreon, Coahuila, Mexico d. U.S. Citizen ► Yes ❑ No e. If Naturalized, state where Denver, Colorado 1. When 10/06/1989 g. Name of District Court District of Colorado h. Naturalization Certificate Number 14233600 i. Date of Certification 10/06/89 j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I. Height 5'2" m. Weight 130 n. Hair Color Lt Brn o. Eye Color Brn p. Gender F q. Race W r. Do you have a current Driver's License/ID? If so, give number and state. ►.1 Yes ❑ No # 14. Financial Information. a. Total purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ Isi 3.50 �� 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. 14-701-3.50 * 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 Cash Checking Key Bank $5000.00 Cash - bei or [ eomse, files clu ka„R K.e j &.k� *A Lo13.5o 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 d re u der pen Oath of Applicant y of r ury t at this application and all attachments are true, correct, and complete to the best of my knowledge. ut ed inat gr I. Print Signature Maribel Under Title Managing Member Date 12/08/15 Rayback 29th Street LCC 45 South 3e St. Boulder CO 80305 303-499-6023 30 December 2015 To Whom It May Concern, I am writing in behalf of Maribel Linder. I was her landlord for "Oscar's," a tavern she owned in Boulder, Colorado. She was our tenant for close to 10 years. I have enjoyed working with Maribel immensely. She is reliable and honest to a fault. In addition, she's just a very nice person and a delight to know. I have no hesitation in recommending Maribel. She is the kind of business woman who is a credit to the community and who runs a clean, safe establishment. Michael Rayback '``1i L4(I a /2 Managing Partner December 30, 2015 Maria Maldonado 4500 19th Street, Unit 20 Boulder, Colorado 80304 To Whom it May Concern: I have had the pleasure of knowing Maribel Linder for about 30 years. I immigrated to the United States from Mexico at about the same time as Maribel, and we have been friends ever since. During the years of our friendship, I have known Maribel in many capacities. She has been a hard worker starting as a custodian, then owning her own businesses. She has accomplished her business successes while being an outstanding mother to her five children. Maribel is an intelligent, capable, dedicated, and personable woman. She is always quick on her feet, with sensible reactions in all the circumstances I've seen her in. I feel confident in saying that she is capable of handling any situation with thoughtfulness and maturity. Sincerely, Q� / arfq r la /Lao( (VD Maria Maldonado Ronald E. Brambila 2777 Glenwood Court, Apt 9 Boulder, Colorado 80304 (303) 444-1595 December 30, 2015 Weld County Commissioners Greeley, Colorado RE: Maribel Linder dba Capricho Rojo, Liquor License Applicant. TO WHOM IT MAY CONCERN: The purpose of this letter is to provide a reference and recommendation for the above captioned liquor license applicant, Maribel Linder. I have known Maribel for over 30 years, as a young teenager, upon her entry into the United States, through her marriage to John Linder, which has endured for as many years, through childbirth of her 5 wonderful children, and through her growth as a successful business person. Maribel has owned and operated a business since she was in her late teens, starting with a small, humble, janitorial concern. She was able to leverage this into a successful retail business with storefronts in Boulder and Longmont, Colorado; and, she was also successful in opening a tavern and nightclub in Boulder, which was one of her dreams and business goals. I know Maribel as a hard, dedicated worker, who has personal ambitions to make hers, and her children's lives, exceptional through her work and educational aspirations. One child has completed her college education and is employed as a Family Services Coordinator with Boulder Head Start, and two daughters are presently attending the University of Colorado. She is a wonderful mother who demonstrates great love and affection for her four daughters and her son. Maribel is also very engaged with our community, and can be counted on to help her neighbors whenever the need arises. She is well principled, has good work and business ethics, and it shows in her zeal to have her family, and community, get ahead in life. But, most of all, Maribel has a positive attitude in everything she does, and it is infectious to everyone with whom she interacts. She is a good person, and a good friend. Please take into consideration who Maribel is upon reviewing her liquor license application. She truly is a benefit to our community, will be to the Weld County community. Sincerely, Ronald E. Brambila INTEGRATED COLORADO ONLINE NETWORK (ICON) Status: CLSD District Court, Boulder County Case #: 2009 CR 000273 Div/Room: 13 Type: Burglary The People of the State of Colorado vs LINDER, MARIBEL Case File Date: 1/06/2009 DV STATUS: Case Close Date: 11/23/2009 Appealed: N Confidential Intermediary • Bar # Name Judicial Off: 032503 Alt Jud Officer: 000000 Description Trial • Next Schd Event: Last Schd Event: Hrg-Revocation Last Event : Order Attorney(s) : Y Agency: Longmont Police Dept Ticket/Summons Number(s): Warrant • Warrant Party on Warrant: Change of Venue.: Agency: Bond (s) : Y ANDREW HARTMAN Stat Date Time Rm/D 0:00 0:00 of Deferred HELD 11/23/2009 9:00 A n/a 7/08/2011 Agency Case #: 090000148 Arrest#: K00191568 Date: Expired Date: Sentence Date : DRSG 4/29/2009 + Detention Location • Supervising Agency • Probation Officer : JRG JOHN RICHARD GLASER PARTY ROL STS DEF 1 P P Date Sex Race Home Phone Work Phone Height Weight Hair Color Eye Color Home Address PPL 1 NAME LINDER, MARIBEL LINDER, MARIBEL LINDER, MARIBEL of Birth ROLE NAME IMP 1 SUR VIC 1 VIC PARTIES : : Female : Caucasian : (303) 485-8839 : (303) 402-1101 : 502 : 132 : Black : Brown : 1300 WILDROSE CT : LONGMONT, CO 80501 THE STATE OF C OTHER PEOPLE THE PEOPLE OF LINDER, JOHN C *** Victim *** ATTORNEY LEINHEARDT, JONATHAN ROL PRV ROLE NAME VIC 2 *** Victim *** VIC 3. *** Victim *** VIC 4 *** Victim *** CNT STS STATUTE NUMBER CHARGE DESCRIPTION 1 (D) 18-4-203(1),(2)(a) BURGLARY 2 -OF DWELLING Offense Date: From: 1/05/2009 To: Arrest Date • 1/05/2009 Time: Disposition : Dism by DA 2 (D) 18-4-502 Trespass 1 -Dwelling Offense Date: From: 1/05/2009 To: Time: Arrest Date • 1/05/2009 Time: Ticket #: Disposition : Dism by DA Date: 4/29/2009 3 (D) 18-9-202(1)(a) Cruelty to Animals-neglect/mistreat M1 Offense Date: From: 1/05/2009 To: Time: BAC: .000 Arrest Date • 1/05/2009 Time: Ticket #: Disposition : Dism by DA Date: 4/29/2009 4 (D) 18-4-501 Criminal Mischief - under $500 M2 Offense Date: From: 1/05/2009 To: 1/05/2009 Time: BAC: .000 Arrest Date • 1/05/2009 Time: Ticket #: Disposition : Dism by DA Date: 4/29/2009 5 ( ) 18-3-204 Assault 3-Know/Reckless cause injury-ATT M2 Offense Date: From: 1/05/2009 To: 1/05/2009 Time: BAC: .000 Arrest Date • 1/05/2009 Time: Ticket #: Time: Ticket #: Date: CLASS F3 BAC: .000 4/29/2009 F5 BAC: .000 Plea : Plea of Guilty Date: 4/29/2009 Disposition : Dfrd Sentence Date: 4/29/2009 Disposition : Guilty Date: 11/23/2009 SNT DATE SENTENCE DESCRIPTION STATUS 4/29/2009 Deferred Sentence Granted Void Judicial Officer : MARIA E BERKENKOTTER Modified Date • 6/09/2009 Deferred Sentence 18.00 MONTH(S) Victims Assistance Fund: $78.00 Victim Compensation Fund: $78.00 Court Costs $35.00 Court Security Cash Fund: $5.00 SNT DATE SENTENCE DESCRIPTION STATUS Probation Supervision Fee.: $900.00 Community Service • 24.00 HOUR(S) CSW, NO CONTACT WITH VICTIMS, ANGER MANAGEMENT EVAL AND TX AS REC, 4/29/2009 Deferred Sentence Granted Void Judicial Officer : MARIA E BERKENKOTTER Modified Date : 11/23/2009 Deferred Sentence 18.00 Victims Assistance Fund: $78.00 Victim Compensation Fund: $78.00 Court Costs $35.00 Court Security Cash Fund: $5.00 Probation Supervision Fee: $900.00 Community Service CSW, NO CONTACT WITH VICTIMS, ANGER MANAGEMENT EVAL AND TX AS DATED 03 JUNE 2009 SUPERVISION FEES OF $900 TO BE DELETED AS DEFT PAI SNT DATE SENTENCE DESCRIPTION STATUS INTERVENTION DIRECTLY 11/23/2009 Sentence by Court Active /ARM MONTH(S) US 24.00 HOUR(S) REC, SA /ARM JNIY COMB cot 0Rio° CNT STS STATUTE NUMBER CHARGE DESCRIPTION CLASS Judicial Officer : CAROL GLOWINSKY Deferred Sentence • 18.00 MONTH(S) RK Victims Assistance Fund: $78.00 Victim Compensation Fund: $78.00 Court Costs • $35.00 Court Security Cash Fund: $5.00 Probation Supervision Fee: $900.00 SA Probation • 24.00 MONTH(S) Probation Supervision Fee: $2,400.00 Electronic Surveillance: 90.00 DAY(S) Community Service • 80.00 HOUR(S) Concurrent with count Case Number: 2009T 002699 Boulder County DEFT ADMITS CMPL DEFERRED SENTENCE RVKD, PROB, WITH EHM AND CSW SNT DATE SENTENCE DESCRIPTION STATUS ALL CONDITIONS FROM 09T2699, SCRAM AT P COUNSELING, MONITORED SOBREITY FILE DATE EVENT DESCRIPTION 1/06/2009 Arrest Report Filed ARPT FILED DOA 010509 AT 557 AM ARREST #K00191568 LONGMONT PD #090000148 1/15/2009 Felony Complaint Filed FILE DATE SCHEDULED EVENT DESCRIPTION 1/15/2009 Hearing on Advisement Officer: THOMAS JEFFERSON REED Status.: HELD -Hearing Held 1/22/2009 Request Filed BY INTERVENTION - REQUEST SUPERVISION FEES 2/05/2009 Preliminary Hearing Officer: THOMAS JEFFERSON REED Status.: HCNT-Held and Continued 3/04/2009 Entry of Appearance ENTRY AND REQUEST FOR DISCOVERY 3/05/2009 Bindover to Dist Ct w/o prelim 3/05/2009 Notice of Appearance DEF/ LINDER, MARIBEL 3/05/2009 Preliminary Hearing Officer: THOMAS JEFFERSON REED Status.: HELD -Hearing Held 3/20/2009 Arraignment Officer: MARIA E BERKENKOTTER Status.: CONT-Continued by Parties 3/20/2009 Minute Order (No Print) HRG FOR ARRG, HELD, MATTER CONT DDA;T JOHNSON ATD;J LEINHEARDT DEF ON BOND CT RPRT, CAROL B 4/22/2009 Minute Order (No Print) HRG FOR ARRG, HELD, MATTER CONT DDA;T JOHNSON ATD;J LERNHEARDT DEF ON BOND ROB DISCRETION, TRACK C INDIVIDUAL /ARM Event ID: 000001 E -Filed: N /TO Event ID: 000002 E -Filed: N SCHD DATE TIME ROOM PRI 1/15/2009 02:00 PM CJ 02 Length: 1.00 Hour(s) Note..: ON BOND Event ID: 000022 E -Filed: N BE DELETED /KSM 2/05/2009 01:30 PM D Length: 1.00 Hour(s) Event ID: 000003 Event ID: 000004 Event ID: 000005 E -Filed: N /DAA E -Filed: N E -Filed: N 3/05/2009 09:00 AM D Length: 1.00 Hour(s) 3/20/2009 08:15 AM S Length: 1.00 Hour(s) Event ID: 000006 E -Filed: Event ID: 000007 N /ARM FILE DATE SCHEDULED EVENT DESCRIPTION CT RPRT,CAROL B 4/22/2009 Arraignment 'Officer: MARIA E BERKENKOTTER Status.: CONT-Continued by Parties 4/29/2009 Motion and Order TO DISMISS COUNTS 1-4 DEF TO PLEA GUILTY TO ADVISMENT OF RIGHTS AND GUILTY PLEA 4/29/2009 Case Closed 5/01/2009 Minute Order (No Print) HRG FOR ARRG, HELD, PLEAS ENTERED, DEFERRED DDA;T JOHNSN ATD;LIEINHEART DEF ON BOND CT RPRT,CAROL B 5/01/2009 Arraignment Officer: MARIA E BERKENKOTTER Status.: HELD -Hearing Held 5/28/2009 Notice Filed Event ID: FROM INTERVENTIONS, REQUEST TO WAVIE SUPV FEE 6/03/2009 Order Event ID: SUPERVISION FEES OF $900 ARE TO BE DELETED AS DEFT PAID 7/14/2009 Complaint Event ID: APPLICATION FOR THE ENTRY OF JUDGEMENT AND IMPOSITION OF OF DEFERRED SENTENCE CONDITIONS 7/27/2009 Order TO ISSUE SUMMONS FOR VIOL OF DEF'D SENT 7/30/2009 Reopened Event ID: 8/13/2009 Minute Order (No Print) Event ID: HRG FOR VIOL OF DEFERRED SENTENCE, HELD, MATTER CONT DDA;D WELSH ATD;J LEINHEARDT DEF ON BOND CT RPRT, T BUTLER 8/13/2009 Hrg-Revocation of Deferred Officer: CAROL GLOWINSKY Status.: CONT-Continued by Parties 9/30/2009 Hrg-Revocation of Deferred Officer: CAROL GLOWINSKY Status.: CONT-Continued by Parties 9/30/2009 Minute Order (No Print) HRG FOR VIOL OF DEFERRED SENTENCE, HELD, MATTER CONT DDA;D WELSH ATD;J LEINHEARDT DEF ON BOND CT RPRT, P SELLECK 11/12/2009 Notice Filed DEFT INFORMATIONAL FILING 11/23/2009 Minute Order (No Print) HRG FOR VIOL OF DEFERRED SENTENCE, HELD RVKD, PROB WITH EHM DDA;D WELSH ATD;J LIONHARDT DEF ON BOND CT RPRT, P SELLECK SCHD DATE TIME ROOM PRI /ARM 4/22/2009 08:15 AM S Length: 1.00 Hour(s) Event ID: COUNT 5 Event ID: Event ID: SENTENCE 000009 000010 000008 E -Filed: N /ARM E -Filed: N E -Filed: N /ARM 4/29/2009 08:15 AM S Length: 1.00 Hour(s) 000011 E -Filed: N /ARM 000012 E -Filed: N INTERVENTION DIRECTLY 000013 E -Filed: N SENTENCE UPON BREACH /ARM Event ID: 000015 E -Filed: N /MML 000014 E -Filed: N 000016 E -Filed: N 8/13/2009 09:00 AM R Length: 1.00 Hour(s) 9/30/2009 09:00 AM R Length: 1.00 Hour(s) Event ID: Event DEF ADMITS /ARM 000017 E -Filed: N /ARM Event ID: 000018 E -Filed: N /ARM ID: 000019 E -Filed: N CMPL DEFERRED SENTENCE FILE DATE SCHEDULED EVENT DESCRIPTION SCHD DATE TIME ROOM PRI 11/23/?009 Closed after post jdg activity Event ID: 000020 E -Filed: N 11/23/2009 Mittimus Issued Event ID: 000021 E -Filed: N DEF/ LINDER, MARIBEL 11/23/2009 Hrg-Revocation of Deferred 11/23/2009 09:00 AM R Officer: CAROL GLOWINSKY Length: 1.00 Hour(s) Status.: HELD -Hearing Held 1/25/2010 Order Event ID: 000023 E -Filed: N COURT ORDERS THAT THE AMT OF $2,400 BE DELETED FROM DEFT'S ACCT /MML 6/29/2011 Motion Event ID: 000024 E -Filed: N TO TERMIANTE SENTENCE EARLY /ARM Related Event ORDR Order 7/08/2011 7/08/2011 Order Event ID: 000025 E -Filed: N MOTION TO TERMINATE SENTENCE EARLY, GRANTED. /CYT Related Event MOTN Motion 6/29/2011 BOND INFORMATION Bond Id Number • 1 Bond Status : BRLD Post Date • 1/06/2009 Post Amount : $20,000.00 Type: CS Surety : LINDER, JOHN C Bond Instructions: May use for Fines and Costs: May be released to Defendant: Conditions: NO CONTACT W/VICTIMS AND RESIDENCE; REPORT TO PROB W/I 24 HRS OF RELEASE End of Case: 2009 CR 000273 a(Y C -. •v,O Yr, CO( RID:D0072009CR000273-000026 DISTRICT COURT, BOULDER COUNTY, COLORADO Court Address: Phone Number: Boulder Justice Center 1777 Sixth Street P.O. Box 4249 Boulder, CO 80306-4249 303-441-3750 The People of the State of Colorado vs UNDER, MARIBEL COURT USE ONLY Case Number: 2009CR000273 Division: 13 SENTENCE ORDER Defendant: LINDER, MARIBEL Count 1 18-4-203(1),(2)(a) - BURGLARY 2 -OF DWELLING 2 18-4-502 - Trespass 1 -Dwelling 3 18-9-202(1)(a) - Cruelty to Animals-neglect/mistreat 4 18-4-501 - Criminal Mischief - under $500 5 18-3-204 - Assault 3-Know/Reckless cause injury -An Date of Birth: Class Plea Finding F3 Dism by DA F5 Dism by DA M1 Dism by DA M2 Dism by DA M2 Plea of Guilty Guilty ASSESSED FINES & COSTS Count # 5 Deferred Sentence REVOKED: 18 Months Victims Assistance Fund Victim Compensation Fund Court Costs Court Security Cash Fund Probation Supervision Fee Probation: 24 Months Probation Supervision Fee Electronic Surveillance: 90 Days Community Service: 80 Hours TOTAL $78.00 $78.00 $35.00 $5.00 $900.00 SET ASIDE $2,400.00 $2,596.00 Concurrent with case number 09T 2699 in County Court, Boulder County Other Conditions of Sentence: DEFT ADMITS CMPL DEFERRED SENTENCE RVKD, PROB, WITH EHM AND CSW ALL CONDITIONS FROM 09T2699, SCRAM AT PROB DISCRETION, TRACK C INDIVIDUAL COUNSELING, MONITORED SOBREITY /ARM GLOWINSKY, CAROL Judge/Magistrate LINDER, MARIBEL Defendant 11/23/2009 Date 11/23/2009 Date Following this hearing you are to present this form to the Clerk's Office for pa ment. Payment is due by the end of business on your Court Date. Pursuant to §16-11-101.6, C.R.S., if the Defendant does not pay all amounts assessed at the time of order, the Defendant shall pay an additional time payment fee. In addition, the Defendant may be assessed a late penalty fee each time payment is not received on or before t - • e4at INTECRATED COLORADO ONLINE NETWORK (ICON) Status: CLSD County Court, Boulder County Case #: 2008 T 003096 Div/Room: 9 Type: Driving Under the Influenc The People of the State of Colorado vs LINDER, MARIBEL Case File Date: 6/11/2008 Case Close Date: 11/20/2009 Confidential Intermediary Judicial Off...: Alt Jud Officer: Bar # Name 020685 KAROLYN VAL MOORE 010932 KRISTINA B HANSSON Description Trial • Next Schd Event: Last Schd Event: Review Last Event : Order Attorney(s) : Y Stat Date VACT 1/31/2010 n/a 7/22/2011 Agency: CSP District 6 Broomfield Agency Case #: 6C080683 Ticket/Summons Number(s): 3146449 Arrest#: DV STATUS: Appealed: N • Time Rm/D 0:00 0:00 7:00 A Warrant : WCAN Warrant Date: 7/23/2008 Expired Date: Party on Warrant: LINDER, MARIBEL Change of Venue.: Agency: Bond (s) : Y Sentence Date : SPLE 11/07/2008 + Detention Location • Supervising Agency • Probation Officer : JRG JOHN RICHARD GLASER PARTY ROL STS NAME DEF `1 LINDER, MARIBEL P LINDER, MARIBEL P LINDER, MARIBEL Date of Birth Sex Race Home Phone Work Phone Height Weight Hair Color Eye Color Marital Status Home Address PPL 1 THE PEOPLE CNT STS STATUTE NUMBER 1 ( ) 42-4-1301(1)(b) Offense Date: From: PARTIES ATTORNEY LEINHEARDT, JONATHAN • • Female : Hispanic : (303) 485-8839 : (303) 402-1101 : 502 : 128 : Black : Brown : Married : 1300 WILDROSE CT : LONGMONT, CO OF THE STATE OF C CHARGE DESCRIPTION Driving While Ability Impaired 5/31/2008 To: 5/31/2008 Time: 80503 ROL PRV CLASS M BAC: .000 CNT STS STATUTE NUMBER CHARGE DESCRIPTION • Arrest Date • Time: Ticket #: Plea : Plea Not Guilty Date: Plea : Plea Withdrawn Date: Plea : Plea of Guilty Date: Disposition : Guilty Date: 1 (A) 42-4-1301(1)(a) Driving Under the Influence Offense Date: From: 5/31/2008 To: 5/31/2008 Time: Arrest Date Time: Ticket #: SNT DATE SENTENCE DESCRIPTION STATUS 11/07/2008 Sentence Resulting fm Plea Void Judicial Officer : THOMAS JEFFERSON REED Modified Date : 11/20/2009 Victim Compensation Fund: $78.00 Victims Assistance Fund: $78.00 Alcohol Eval Fee $200.00 Driving Und Influ/Abil Imp: $100.00 Court Costs $21.00 Court Security Cash Fund: $5.00 LEAF Assessment Brain Injury Fund (Traumat: Family Friendly Surcharge: SENTENCE DESCRIPTION Probation Community Service ALCOHOL EVAL AND TREATMENT; RESTITUTION TO BE DETERMINED; COMMUNITY JUSTICE SERVICES; CREDIT FOR TREATMENT ALREADY 11/20/2009 Sentence by Court Void Judicial Officer : NOEL E BLUM Modified Date : 11/20/2009 Victim Compensation Fund: $78 Victims Assistance Fund: $78 Alcohol Eval Fee SNT DATE $90.00 $15.00 $1.00 STATUS CLASS 3146449 8/25/2008 11/07/2008 11/07/2008 11/07/2008 M BAC: .000 3146449 12.00 MONTH(S) 24.00 HOUR(S) $100 FEE TO COMPLETED. /JKD .00 .00 $200.00 Driving Und Influ/Abil Imp: $100.00 Court Costs $21.00 Court Security Cash Fund: $5.00 LEAF Assessment $90.00 Brain Injury Fund (Traumat: $15.00 SNT DATE SENTENCE DESCRIPTION STATUS Family Friendly Surcharge.: $1.00 Probation • 12.00 DEF ADMITS PROBATION VIOLATION, PROBATION REVOKED 11/20/2009 Sentence by Court Active Judicial Officer : NOEL E BLUM Victim Compensation Fund: $78.00 Victims Assistance Fund: $78.00 Alcohol Eval Fee $200.00 Driving Und Influ/Abil Imp: $100.00 Court Costs $21.00 Court Security Cash Fund: $5.00 LEAF Assessment $90.00 Brain Injury Fund (Traumat: $15.0 Family Friendly Surcharge.: $1.0 Probation 12.0 SNT DATE SENTENCE DESCRIPTION STATUS MONTH (S ) NYC RK /GLT CNT STS STATUTE NUMBER CHARGE DESCRIPTION CLASS Probation Reinstated 24.00 MONTH(S) Electronic Surveillance. DEF ADMITS PROBATION VIOLATION, PROBATION WITH 09T2699. 90 DAYS JAIL EHM WITH SCRAM NO ALCOHOL SUBSTANCE ABUSE MONITORING 2 (D) 42-4-1409(3) Failure to Offense Date: From: 5/31/2008 To: Arrest Date Time Plea : Plea Not Guilty Disposition : Dism by DA 3 (D) 42-4-1402 (1) , (2) Offense Date: From: 5/31/2008 To: Arrest Date Plea • Plea Not Guilty Disposition • Dism by DA FILE DATE 6/11/2008 FILE DATE 6/11/2008 Time: EVENT DESCRIPTION Summons and Complaint Filed SCHEDULED EVENT DESCRIPTION Arraignment Officer: KRISTINA B HANSSON Status.: PFTA-Party Failed to Appear 7/14/2008 Warrant Failur to Appear DEF/ LINDER, MARIBEL 071408 FTA FOR ARRAIGNMENT BOND CONDITIONS PRETRIAL SUPERVISION NO ALCOHOL IF DEF BONDS OUT BOND IS RETURNABLE 2 WKS ... 90.00 DAY(S) REVOKED AND REINSTATED CONCURRENT CONCURRENT WITH 09T2699. Display Proof of Ins 5/31/2008 Time: Ticket #: Date: Date: /GLT urance T1 BAC: .000 3146449 8/25/2008 11/07/2008 Careless Driving -Cause Death/Injury T1 5/31/2008 Time: Ticket #: Date: Date: BAC: .000 3146449 8/25/2008 11/07/2008 Event ID: 000001 E -Filed: N SCHD DATE TIME ROOM PRI 7/14/2008 09:00 AM F 01 Length: 1.00 Hour(s) Event ID: 000002 E -Filed: N SUBSTANCE ABUSE MONITORING FROM DATE OF POSTING AT 900AM MONDAY IN COURTROOM F 1777 6TH ST BOULDER CO BOND TYPE: CASH/SURETY/PROPERTY Related Event WCAN Warrant Cancelled 7/22/2008 Warrant Served Event ID: 000003 Date of Arrest: 07/22/2008 Arrest #: N/A Bond Amt: $.00 Arresting Agency: CHANGE OF RTY TO HLD BECAUSE OF ARREST Person Arrested: MARIBEL LINDER Msg From: 31953 Related Event WFTA Warrant Failur to Appear 7/23/2008 Warrant Cancelled Event ID: 000004 ARPT FILED DOA 072208 @ 725AM ARREST # K00185574 BOULDER POLICE # P08-9711 Related Event WFTA Warrant 7/24/2008 Review Officer: CLERK OF COURT Status.: VACT-Vacated 8/25/2008 Arraignment Officer: KRISTINA B HANSSON Status.: HELD -Hearing Held 8/25/2008 Reopened 8/25/2008 Notice of Appearance DEF/ LINDER, MARIBEL 8/25/2008 Notice of Appearance DEF/ LINDER, MARIBEL 9/04/2008 Motion and Order /TMR 7/23/2008 E -Filed: N 7/14/2008 E -Filed: N /ASR Failur to Appear 7/14/2008 1/31/2010 07:00 AM COC Length: 1.00 Hour(s) Note..: WARRANT EXPIRE 8/25/2008 09:00 AM F 01 Length: 1.00 Ho Note..: ON B Y COt Event ID: 000006 0-Vil ' Event ID: 000001" ;FE -Filed: Event ID: 00000, Event ID: 000009 F-Fil FILE DATE SCHEDULED EVENT DESCRIPTION SCHD DATE TIME DEF'S REQUEST TO LEAVE THE STATE FROM 09-05-08 THROUGH 09-07-08 DEF MUST DO ETG TEST UPON RETURN 10/03/2008 Entry of Appearance Event ID: 000010 DEF/ LINDER, MARIBEL 10/08/2008 Report Event ID: 000011 E -Filed: N FROM COMMUNITY JUSTICE, PRE-TRIAL SUPERVISION CASE STATUS MEMO /TMR 10/08/2008 Pre -Trial Conference 10/07/2008 09:15 AM 110 01 Officer: THOMAS JEFFERSON REED Length: 1.00 Hour(s) Status.: HELD -Hearing Held Note..: DA'S OFFICE 11/07/2008 Hearing 11/07/2008 01:30 PM D Officer: THOMAS JEFFERSON REED Length: 1.00 Hour(s) Status.: DSPO-Disposition Reached Note..: CASE MGMT 11/07/2008 Closed after post jdg activity Event ID: 000012 E -Filed: N 11/07/2008 Final Order of Judgment Event ID: 000013 E -Filed: N 1/22/2009 Complaint Event ID: 000014 E -Filed: N FROM INTERVENTION, PROBATION VIOLATION COMPLAINT - PROBATION VIOLATION ONLY 1/28/2009 Reopened Event ID: 000015 E -Filed: N 2/05/2009 Hearing 2/05/2009 01:30 PM D Officer: THOMAS JEFFERSON REED Length: 1.00 Hour(s) Status.: HCNT-Held and Continued Note..: TRL 09CR273 3/05/2009 Hearing 3/05/2009 09:00 AM D Officer: THOMAS JEFFERSON REED Length: 1.00 Hour(s) Status 3/05/2009 3/20/2009 .: HELD -Hearing Held Notice of Appearance DEF/ LINDER, MARIBEL Minute Order (No Print) HRG FOR ARRG, HELD, MATTER CONT DDA;T JOHNSON ATD;J LEINHEARDT DEF ON BOND CT RPRT, CAROL B 3/20/2009 Status Conference Officer: MARIA E BERKENKOTTER Status.: CONT-Continued by Parties 4/22/2009 Minute Order (No Print) HRG FOR ARRG, HELD, MATTER CONT DDA;T JOHNSON ATD;J LEINHEARDT DEF ON BOND CT RPRT,CAROL B 4/29/2009 Minute Order (No Print) HRG FOR VIOL OF PROB,HELD CMPL WITHDRAWN DDA;T JOHNSON ATD;J LEINHAEARDT DEF ON BOND CT RPRT,CAROL B 4/29/2009 Closed after post jdg activity 5/01/2009 Hrg-Revocation of Probation Officer: MARIA E BERKENKOTTER Status.: CONT-Continued by Parties 5/01/2009 Hrg-Revocation of Probation Officer: MARIA E BERKENKOTTER Status.: HELD -Hearing Held 7/14/2009 Complaint ROOM PRI IS GRANTED. /JKD E -Filed: N Event ID: 000016 E -Filed: N Event ID: 000017 E -Filed: N /ARM 3/20/2009 08:15 AM S Length: 1.00 Hour(s) Note..: TRL 09CR273 Event ID: 000018 E -Filed: N /ARM Event ID: 000019 E -Filed: N /ARM Event ID: 000020 E -Filed: N 4/22/2009 08:15 AM Length: 1.00 r{s) Note..: TRL R273 ',ep`ti 4/29/2009 08:15 Length: 1. J`. °may Event ID: 000021 E -Filed: N CC -10;": FILE DATE SCHEDULED EVENT DESCRIPTION BY INTERVENTIONS, FOR VIOL OF TERMS AND 7/20/2009 Order TO ISSUE SUMMONS 7/30/2009 Reopened 8/13/2009 Minute Order (No Print) HRG FOR VIOL OF PROB, HELD, MATTER CONT,CASE DDA;D WELSH ATD;J LEINHEARDT DEF ON BOND CT RPRT, T BUTLER 8/13/2009 Hrg-Revocation of Probation Officer: CAROL GLOWINSKY Status.: CONT-Continued by Parties 8/20/2009 Pre -Trial Conference Officer: NOEL E BLUM Status.: HELD -Hearing Held 9/18/2009 Hearing Officer: NOEL E BLUM Status.: HCNT-Held and Continued 10/08/2009 Rtrn on Summ for Rev of Prob Officer: NOEL E BLUM Status.: HELD -Hearing Held 11/20/2009 Sentencing Hearing Officer: NOEL E BLUM Status.: HELD -Hearing Held 11/20/2009 Closed after post jdg activity 11/20/2009 Final Order of Judgment 11/20/2009 Mittimus Issued DEF/ LINDER, MARIBEL Return of Service Event DEFT COMPLETED 90 DAYS IN HOME DETENTION Event 3/19/2010 BY RMOMS - 6/29/2011 Motion BY DEFT - MOTION TO TERMINATE SENTENCE EARLY 7/15/2011 Order RESPONSE FROM THE DA'S OFFICE BY 7/25/11,PLEASE. 7/22/2011 Response Event ID: 000031 E -Filed: N THE PEOPLE OBJECT. WHILE THE CASE IS OLD, THE DEF COMMITTED A 2ND DRUNK DRIVING OFFENSE WHILE ON PROBATION. PROBATION WAS RE -INSTATED IN THIS CASE TO RUN CONCURRENT W/ THAT CASE. IN VIEW OF THE SERIOUS BREACH OF PROBATION, THE PEOPLE FEEL THE DEF SHOULD SERVE THE FULL TERM OF PROBATION IN THIS ORIGINAL CASE. THE REMAINING 4 MOS OF PROBATION COULD BECOME UNSUPERVISED BUT W/ NO DRINKING WHATSOEVER. /JMM 7/22/2011 Order Event ID: 000032 E -Filed: N MS. LINDER WILL REMAIN ON PROBATION THROUGH NOV, 2011 BUT THE REMAINING TERM MAY BE SERVED UNSUPERVISED. THE CONDITION OF NO ALCOHOL REMAINS IN EFFECT. BOND INFORMATION • 1 Bond Status : BRLD • 7/14/2008 Set Amount : $500.00 • 7/23/2008 Post Amount : $500.00 : LINDER, MARIBEL SCHD DATE TIME ROOM PRI COND OF PROB /ARM Event ID: 000023 E -Filed: N Event ID: 000022 Event ID: 000024 SENT TO DIV 9 /MML E -Filed: N E -Filed: N 8/13/2009 09:00 AM R Length: 1.00 Hour(s) 8/19/2009 01:30 PM 109 Length: 1.00 Hour(s) 9/18/2009 02:00 PM B Length: 1.00 Hour(s) Note..: CMC 10/08/2009 02:00 PM B Length: 1.00 Hour(s) Note..: TRL 09T2699 11/20/2009 02:00 PM B Length: 1.00 Hour(s) Note..: TRL 09T2699 Event ID: 000025 E -Filed: Event ID: 000026 E -Filed: Event ID: 000027 E -Filed: ID: 000028 ON 03/03/10 ID: 000029 Event ID: 000030 /ARM N N N E -Filed: N /KSM E -Filed: N /KSM E -Filed: N /JMM Bond Id Number Set Date Post Date Surety Bond Instructions: May use for Fines and May be released to Defendant: Conditions: Costs: LUe 0 Type: CSP PR „sOc°146,-, c ,� 1 / toy; , BOND INFORMATION PRETRIAL SUPERVISION; NO ALCOHOL; SUBSTANCE ABUSE MONITORING. End of Case: 2008 T 003096 RID:C0072008T 003096-000033 COUNTY COURT Court Address: Phone Number: , BOULDER COUNTY, COLORADO Boulder Justice Center 1777 Sixth St. P.O. Box 4249 Boulder, CO 80306-4249 303-441-3750 The People of the State of Colorado vs LINDER, MARIBEL COURT USE ONLY " Case Number: 2008T 003096 Division: 9 SENTENCE ORDER Defendant: LINDER, MARIBEL Count 1 42-4-1301(1)(b) - Driving While Ability Impaired 2 42-4-1409(3) - Failure to Display Proof of Insurance 3 42-4-1402(1),(2) - Careless Driving -Cause Death/Injury Date of Birth: Class Plea M Plea of Guilty T1 Plea Not Guilty T1 Plea Not Guilty Finding Guilty Dism by DA Dism by DA ASSESSED FINES & COSTS Count # 1 Victim Compensation Fund Victims Assistance Fund Alcohol Eval Fee Driving Und Influ/Abil Impaird Court Costs Court Security Cash Fund LEAF Assessment Brain Injury Fund (Traumatic) Family Friendly Surcharge Probation REVOKED: 12 Months Probation Reinstated: 24 Months Electronic Surveillance: 90 Days Outstanding Judgment/Warrant Fee TOTAL $78.00 $78.00 $200.00 $100.00 $21.00 $5.00 $90.00 $15.00 $1.00 $30.00 PAID $588.00 Other Conditions of Sentence: DEF ADMITS PROBATION VIOLATION, PROBATION REVOKED AND REINSTATED CONCURRENT WITH 09T2699. 90 DAYS JAIL EHM WITH SCRAM CONCURRENT WITH 09T2699. NO ALCOHOL SUBSTANCE ABUSE MONITORING /GLT BLUM NOEL E Judge/Magistrate LINDER. MARIBEL Defendant 11/20/2009 Date 11/20/2009 Date **********************************************************NOTICE********************** **************** Following this hearing you are to present this form to the Clerk's Office for pa ment. Payme of business on your Court Date. Pursuant to §16-11-101.6, C.R.S., if the Defendant does assessed at the time of order, the Defendant shall pay an additional time payment fee. In Defendant may be assessed a late penalty fee each time payment is not received on or b gall amd Pon, the tha,due date.' INTEGRATED COLORADO ONLINE NETWORK (ICON) Status: CLSD County Court, Boulder County Case #: 2009 T 002699 Div/Room: 9 Type: Driving Under the Influenc The People of the State of Colorado vs LINDER, MARIBEL Case File Date: 6/29/2009 Case Close Date: 11/20/2009 Confidential Intermediary Judicial Off...: Alt Jud Officer: Bar # Name 020685 KAROLYN VAL MOORE 010932 KRISTINA B HANSSON Description Trial • Next Schd Event: Last Schd Event: Sentencing Hearing Last Event : Order Attorney(s) : Y + Stat Date HELD 11/20/2009 n/a 7/22/2011 Agency: Boulder County Sheriff Dept Agency Case #: 09-3563 Ticket/Summons Number(s): TS61858 Arrest#: Warrant • Warrant Date: Party on Warrant: Change of Venue.: Agency: Bond (s) : Y DV STATUS: Appealed: N • Time Rm/D 0:00 0:00 2:00 P Expired Date: Sentence Date : SCRT 11/20/2009 Detention Location Supervising Agency Probation Officer : JRG JOHN RICHARD GLASER PARTY ROL STS NAME DEF 1 LINDER, MARIBEL P LINDER, MARIBEL P LINDER, MARIBEL Date of Birth Sex Race Home Phone Work Phone Height Weight Hair Color Eye Color Home Address PARTIES ATTORNEY ROL LEINHEARDT, JONATHAN et al PRV : : Female : Caucasian : (303) 485-8839 : (303) 402-1101 : 502 : 130 : Brown : Brown : 1300 WILDROSE : LONGMONT, CO PPL 1 THE PEOPLE OF THE STATE OF C CNT STS STATUTE NUMBER CHARGE DESCRIPTION 1 (D) 42-4-1007(1)(a) LANE USAGE VIOLATION Offense Date: From: 6/29/2009 To: Arrest Date • 6/29/2009 Time: CT Time: Ticket #: CLASS TIA BAC: .000 TS61858 CNT GTS STATUTE NUMBER Plea • Disposition • 2 ( ) 42-4-1301(1)(b), Offense Date: From: Arrest Date Plea Plea • Plea • Disposition • 2 (A) 42-4-1301(1)(a) 2ND OFFENSE CHARGE DESCRIPTION Plea Not Guilty Dism by DA (7)( DWAI-2D OFFENSE 6/29/2009 To: 6/29/2009 Time: : Plea Not Guilty Plea Withdrawn Plea of Guilty Guilty ,(7)( DUI W/ PRIOR DUI/VEH Offense Date: From: 6/29/2009 To: Arrest Date • 6/29/2009 Time: SNT DATE SENTENCE DESCRIPTION 11/20/2009 CLASS Date: 7/30/2009 Date: 10/08/2009 M Time: BAC: .000 Ticket #: TS61858 Date: 7/30/2009 Date: 10/08/2009 Date: 10/08/2009 Date: 11/20/2009 HOM/VEH ASSLT/DUR M Time: Ticket #: STATUS Sentence by Court Active Judicial Officer : NOEL E BLUM Victim Compensation Fund: $33.00 Family Friendly Surcharge: $1.00 LEAF Assessment $90.00 Brain Injury Fund (Traumat: $20.00 SNT DATE SENTENCE DESCRIPTION STATUS Alcohol Eval Fee • $200.00 Court Costs • $21.00 Court Security Cash Fund: $5.00 Genetic Testing Surcharge: $2.50 Persistent Drunk Driving S: $50.00 Driving Und Influ/Abil Imp: $600.00 Victims Assistance Fund: $222.00 Probation • 24.00 MONTH(S) Community Service • 80.00 HOUR(S) Electronic Surveillance: 90.00 DAY(S) Cost of Prosecution-Crg Ag: $2.28 ALCOHOL TREATMENT AS RECOMMENDED PER PSI BAC .180 NO ALCOHOL MONITORED SOBRIETY AS DEEMED NECESSARY BY PROBATION OFFICER SNT DATE SENTENCE DESCRIPTION STATUS ATTEND MADD PANEL PROBATION 18-24 MONTHS 9O DAYS JAIL EHM WITH SCRAM AUTHORIZED START DATE TO BE DETERMINED BY JAIL COURT DOES NOT HAVE AN OBJECTION TO INDIVIDUAL COUNSELING /GLT 3 (D) 42-4-1301(2)(a) DUI PER SE BAC: .000 TS61858 Offense Date: From: Arrest Date Plea Disposition FILE DATE 6/29/2009 ARPT FILED DOA 062909 @ 305AM ARREST # ? BOULDER COUNTY SHERIFF # 09-3563 FILE DATE SCHEDULED EVENT DESCRIPTION • • 6/29/2009 To: 6/29/2009 Time: Plea Not Guilty Dism by DA EVENT DESCRIPTION Summons and Complaint Filed Event Time: Ticket #: Date: Date: /GLT M BAC: .000 TS61858 7/30/2009 10/08/2009 ID: 000001 E -Filed: N SCHD DATE TIME FILE DATE SCHEDULED EVENT DESCRIPTION SCHD DATE TIME ROOM PRI 6/29/2009 Hearing on Advisement 6/29/2009 02:00 PM CJ 03 Officer: THOMAS JEFFERSON REED Length: 1.00 Hour(s) Status.: VACT-Vacated Note..: BONDED PRIOR 7/08/2009 Notice Filed Event ID: 000002 E -Filed: N FROM BJS OF DEFS PRETRIAL SUPERVISION TRANSFER /DLC 7/16/2009 Order Event ID: 000003 E -Filed: N CJS NOTICE OF TRANSFER OF PRETRIAL SUPERVISION TO INTERVENTION IS APPROVED. 7/30/2009 Entry of Appearance Event ID: 000004 E -Filed: N DEF/ LINDER, MARIBEL PLEA OF NOT GUILTY, REQUEST FOR PRETRIAL CONFERENCE AND REQUEST FOR DISCOVERY 7/31/2009 Notice of Appearance Event ID: 000005 E -Filed: N DEF/ LINDER, MARIBEL 7/31/2009 Arraignment 8/03/2009 09:00 AM F 01 Officer: KRISTINA B HANSSON Length: 1.00 Hour(s) Status.: VACT-Vacated Note..: ON BOND -9 8/20/2009 Pre -Trial Conference 8/19/2009 01:30 PM 109 Officer: NOEL E BLUM Length: 1.00 Hour(s) Status.: HELD -Hearing Held 9/18/2009 Hearing Officer: NOEL E BLUM Status.: HCNT-Held and Continued 9/18/2009 Notice of Appearance DEF/ LINDER, MARIBEL Waiver of Speedy Trial Alcohol Eval Ordered Notice of Appearance DEF/ LINDER, MARIBEL Hearing Officer: NOEL E BLUM Status.: DSPO-Disposition Reached 11/17/2009 Filing Other PSI REPORT RECEIVED 11/20/2009 Case Closed 11/20/2009 Final Order of Judgment 11/20/2009 Final Order of Judgment 11/20/2009 Mittimus Issued DEF/ LINDER, MARIBEL 11/20/2009 Sentencing Hearing Officer: NOEL E BLUM Status.: HELD -Hearing Held 3/19/2010 Return of Service BY RMOMS - DEFT COMPLETED 90 DAYS IN HOME 6/29/2011 Motion DEF MOTION TO TERM EARLY 7/21/2011 Response SEE RESPONSE IN 08T3096 -DA OBJECTS 7/22/2011 Order MS. LINDER WILL REMAIN ON PROBATION THROUGH NOV MAY BE SERVED UNSUPERVISED. THE CONDITION OF NO BOND INFORMATION Bond Id Number • 1 Bond Status Post Date • 6/30/2009 Post Amount : $1,000.00 Surety : LINDER, MARIBEL Bond Instructions: 9/18/2009 10/08/2009 10/08/2009 10/08/2009 9/18/2009 02:00 PM B Length: 1.00 Hour(s) Note..: CMC Event ID: 000006 Event ID: 000007 Event ID: 000008 Event ID: 000009 E -Filed: N E -Filed: E -Filed: E -Filed: N N N 10/08/2009 02:00 PM B Length: 1.00 Hour(s) Note..: CMC Event ID: 000010 E -Filed: N /KML Event ID: 000011 E -Filed: N Event ID: 000012 E -Filed: N Event ID: 000013 E -Filed: N Event ID: 000014 E -Filed: N 11/20/2009 02:00 PM B Length: 1.00 Hour(s) Note..: PSI Event ID: 000015 DETENTION ON 03/03/10 Event ID: 000016 E -Filed: N /KSM E -Filed: N /JMVI Event ID: 000017 E -Filed: N /JMM ID: 000018 E -Filed: N , 2011 BUT THE REMAINING TERM ALC REMAINS IN EFFECT /JMM Event : BRLD COUN - •`:'Type BOND INFORMATION Mayuse for Fines and Costs: May be released to Defendant: Yes Conditions: PER TRIAL SUPERVISION, NO ALCOHOL/DRUGS, SUBSTANCE ABUSE MONITORING, REPORT TO PROBATION WITHIN 24 HRS RELEASE, GET REFERRAL/TX SLIP FROM BOND COMMISIONER IF DEFT BONDS End of Case: 2009 T 002699 RID:C0072009T 002699-000019 COUNTY COURT Court Address: Phone Number: , BOULDER COUNTY, COLORADO Boulder Justice Center 1777 Sixth St. P.O. Box 4249 Boulder, CO 80306-4249 303-441-3750 The People of the State of Colorado vs LINDER, MARIBEL - COURT USE ONLY - Case Number: 2009T 002699 Division: 9 Defendant: LINDER, MARIBEL Count 1 42-4-1007(1)(a) - LANE USAGE VIOLATION 2 42-4-1301(1)(b),(7)(b)(II) - DWAI-2D OFFENSE 3 42-4-1301(2)(a) - DUI PER SE SENTENCE ORDER Date of Birth: Class Plea TIA Plea Not Guilty M Plea of Guilty M Plea Not Guilty Finding Dism by DA Guilty Dism by DA ASSESSED FINES & COSTS Count#2 Victim Compensation Fund Family Friendly Surcharge LEAF Assessment Brain Injury Fund (Traumatic) Alcohol Eval Fee Court Costs Court Security Cash Fund Genetic Testing Surcharge Persistent Drunk Driving Schg Driving Und Influ/Abil Impaird Victims Assistance Fund Probation: 24 Months Community Service: 80 Hours Electronic Surveillance: 90 Days Cost of Prosecution-Crg Agncy TOTAL $33.00 $1.00 $90.00 $20.00 $200.00 $21.00 $5.00 $2.50 $50.00 $600.00 $222.00 $2.28 $1,246.78 Other Conditions of Sentence: ALCOHOL TREATMENT AS RECOMMENDED PER PSI BAC .180 NO ALCOHOL MONITORED SOBRIETY AS DEEMED NECESSARY BY PROBATION OFFICER ATTEND MADD PANEL PROBATION 18-24 MONTHS 9O DAYS JAIL EHM WITH SCRAM AUTHORIZED START DATE TO BE DETERMINED BY JAIL COURT DOES NOT HAVE AN OBJECTION TO INDIVIDUAL COUNSELING /GLT /GLT BLUM. NOEL E 11/20/2009 Judge/Magistrate LINDER. MARIBEL Defendant Q; Following this hearing you are to present this form to the Clerk's Office for pa ment. Paym fi due -Mlle he eri of business on your Court Date. Pursuant to §16-11-101.6, C.R.S., if the Defendant does t`ji y all amotmts' assessed at the time of order, the Defendant shall pay an additional time payment fee. In a Itidn, the Defendant may be assessed a late penalty fee each time payment is not received on or befo t11 ;due date. "(4400 ITEGRATED COLORADO ONLINE NETWORK (ICON) Status: CLSD County Court, Boulder County Case #: 2008 M 001927 Div/Room: TM Type: Public Peace And Order The People of the State of Colorado vs LINDER, MARIBEL Case File Date: 7/23/2008 Case Close Date: 8/25/2008 Confidential Intermediary Judicial Off...: Alt Jud Officer: Bar # Name 010932 KRISTINA B HANSSON 002571 THOMAS JEFFERSON REED Description Stat Date Trial • Next Schd Event: Last Schd Event: Arraignment Last Event : Final Order Attorney(s) : N of Judgment DSPO n/a 8/25/2008 8/25/2008 Agency: Boulder Police Dept Agency Case #: Ticket/Summons Number(s): DV STATUS: Appealed: N • Time Rm/D 0:00 0:00 9:00 A CR70632 Arrest#: K00185574 Warrant • Warrant Date: Party on Warrant: Change of Venue.: Agency: Bond (s) : Y Sentence Date : SPLE 8/25/2008 Detention Location Supervising Agency Probation Officer PARTY ROL STS NAME DEF 1 LINDER, MARIBEL AKA HERNANDEZ, GRACIELA M AKA TORRES, MARIC Date of Birth • Sex : Female Race : Caucasian Home Phone : (303) 485-8835 Height : 502 Weight : 128 Hair Color : Brown Eye Color : Brown Home Address : 1300 WILDROSE CT : LONGMONT, CO 80503 PPL ,1 THE PEOPLE OF THE STATE OF C CNT STS STATUTE NUMBER CHARGE DESCRIPTION 1 ( ) 18-9-106(1)(c) Disorderly Conduct -unreasonable Offense Date: From: 7/22/2008 To: Arrest Date • 7/22/2008 Time: Plea : Plea of Guilty PARTIES Expired Date: ATTORNEY Time: Ticket #: Date: ROL CLASS noise P01 BAC: .000 CR70632 8/25/2008 jNT STS STATUTE NUMBER CHARGE DESCRIPTION CLASS Disposition : Guilty Date: 8/25/2008 1 (A) 18-8-111(1)(b) False Reporting -Fake Crime M3 Offense Date: From: 7/22/2008 To: Time: BAC: .000 Arrest Date • 7/22/2008 Time: Ticket #: CR70632 SNT DATE SENTENCE DESCRIPTION STATUS 8/25/2008 Sentence Resulting fm Plea Active Judicial Officer : KRISTINA Probation - Unsupervised: Community Service Misdemeanor Fine Court Costs Court Security Cash Fund: COMM JUSTICE FEE FILE DATE EVENT DESCRIPTION 7/23/2008 Misdemeanor Complaint Filed ARPT FILED DOA 072208 @ 725AM ARREST # K00185574 BOULDER POLICE # P08-9711 8/25/2008 Case Closed 8/25/2008 Final Order of Judgment FILE DATE SCHEDULED EVENT DESCRIPTION 8/25/2008 Arraignment Officer: KRISTINA B HANSSON Status.: DSPO-Disposition Reached BOND INFORMATION Bond Id Number • 1 Bond Status Post Date • 7/23/2008 Post Amount Surety : LINDER, MARIBEL Bond Instructions: May use for Fines and Costs: May be released to Defendant: End of Case: 2008 M 001927 B HANSSON 12.00 MONTH(S) 24.00 HOUR(S) $100.00 $21.00 $5.00 /LLG Event ID: 000001 E -Filed: N Event ID: Event ID: SCHD DATE 8/25/2008 Length: 1.00 Hour(s) Note..: ON BOND : BRLD : $100.00 /ASR 000002 E -Filed: N 000003 E -Filed: N TIME ROOM PRI 09:00 AM F Type: PR RID:C0072008M 001927-000004 COUNTY COURT Court Address: Phone Number: , BOULDER COUNTY, COLORADO Boulder Justice Center 1777 Sixth St. P.O. Box 4249 Boulder, CO 80306-4249 303-441-3750 The People of the State of Colorado VS UNDER, MARIBEL COURT USE ONLY Case Number: 2008M 001927 Division: TM SENTENCE ORDER Defendant: UNDER, MARIBEL Count 1 18-9-106(1)(c) - Disorderly Conduct -unreasonable noise Date of Birth: Class Plea Finding PO1 Plea of Guilty Guilty ASSESSED FINES & COSTS Count 61 Probation - Unsupervised: 12 Months Community Service: 24 Hours Misdemeanor Fine Court Costs Court Security Cash Fund TOTAL Other Conditions of Sentence: COMM JUSTICE FEE $100.00 $21.00 $5.00 $126.00 /LLG HANSSON. KRISTINA B Judge/Magistrate LINDER. MARIBEL Defendant 08/25/2008 Date 08/25/2008 Date ***********************************************************NOTICE*********************************************************** Following this hearing you are to present this form to the Clerk's Office for pa ment. Payment is due by the end of business on your Court Date. Pursuant to §16-11-101.6, C.R.S., if the Defendant does not pay all amounts assessed at the time of order, the Defendant shall pay an additional time payment fee. In addition, the Defendant may be assessed a late penalty fee each time payment is not received on or before the due date. COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St, Denver CO 80261 September. 2005 AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: Paid in full. There are no outstanding accounts with any Colorado Wholesalers. ED Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: 0 Licensee ElApplicant 0 Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law - Regulation 47-304. p Applicant will assume full responsibility for payment of the outstanding accounts as listed above. yr No alcohol beverage inventory transferred or sold, Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. Dated this day of AJ6tl. Seller: RM, �';.1e Licensee )8, License Number Room! Trade name �odofQo fneak Signature OWNS Position A0 Igo,t} s Print Name , 20 lS Buyer: CA P1eICHO TeGTG 1.1•C Applicant C C1O Tr.. " n.l e Signatur Position eibeatri_ L7,(Deie. Print Name Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. -FdIe# Colorado Secretary of State Date and Time: 06/16/2015 04:31 PM ID Number: 20151392016 Document number: 20151392016 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Capricho Rojo (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd liability company", "limited liability co.", "ltd. liability co.", `limited "1.1.c."„ "llc", or "ltd.". See ,z7 -90-60I, C.R.S.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions, for more information.) 2. The principal office address of the limited liability company's initial principal office is 1300 Wildrose Court Street address Mailing address (leave blank if same as street address) (Street number and name) Longmont CO 80503 (City) (State) (Z1P/Postal Code) United States (Province — if applicable) (Country) (Street number and name or Post O(/ice Box information) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Counts ) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) Linder Maribel (Last) (First) IA/fiddle) (Suffix) (Caution: Do not provide both an individual and an entity name.) 1300 Wildrose Court Street address Mailing address (leave blank if same as street address) (Street number and name) Longmont (City) Co 80503 (State) (ZIP Code) (Street number and name or Post Office Box information) ARTORG_LLC Page 1 of 3 Rev. 12/01;2012 (City) e follon ing statement is adopted by marking the box.) The CO (State) The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name.) 1300 Wildrose Court Under Maribel (Last) (First) (Middle) (Suffix) Mailing address (Street number and name or Post Office Box information) Longmont CO 80503 (City) (State) (ZIP/Postal Code) United States , (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ri The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) none or more managers. or 1) the members. 6. (The following statement is adopted by marking the box.) n There is at least one member of the limited liability company. 7. (If the fallowing statement applies, adopt the statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 8. (Caution: Leave blank tithe document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement b3 entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (rnrn/dd/yyvyhour:minuteam/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Linder Maribel (Last) 1300 Wildrose Court (First) (Middle) (Suffix) (Street number and name or Post Once Boa- information) Longmont CO 80503 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This foini/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may he amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING 1, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Capricho Rojo is a Limited Liability Company formed or registered on 06/l6/2015 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20151392016 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 11/02/2015 that have been posted, and by documents delivered to this office electronically through 11/04/2015 @ 20:02:36 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 11/04/2015 @ 20:02:36 in accordance with applicable law. This certificate is assigned Confirmation Number 9361860 Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz/CertifrcateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." LIMITED LIABILITY COMPANY OPERATING AGREEMENT FOR CAPRICHO ROJO. LLC A Single Member -Managed Limited Liability Company ARTICLE I Company Formation 1.1 FORMATION. The Member hereby does form a Limited Liability Company ("Company") subject to the provisions of the Limited Liability Company Act as currently in effect as of this date. Articles of Organization shall be filed with the Colorado Secretary of State. 1.2 NAME. The name of the Company shall be: Capricho Rojo, LLC dba Capricho Rojo. 1.3 REGISTERED AGENT. The name and location of the registered agent of the Company shall be: Maribel Linder 1300 Wildrose Court Longmont, Colorado 80503 1.4 TERM. The Company shall continue for a perpetual period unless, (a) The Member votes for dissolution; or (b) Any event which makes it unlawful for the business of the Company to be carried on by the Member; or (c) Any other event causing dissolution of this Limited Liability Company under the laws of the State of Colorado. 1.5 CONTINUANCE OF COMPANY. Notwithstanding the provisions of ARTICLE 1.4, in the event of an occurrence described in ARTICLE 1.4(c), if there is at least one remaining Member, said remaining Member shall have the right to continue the business of the Company. Such right can be exercised by the written vote of the remaining Member within ninety (90) days after the occurrence of an event described in ARTICLE 1.4(c). If not so exercised, the right of the Member to continue the business of the Company may expire if that member desires. 1.6 BUSINESS PURPOSE. The purpose of the Company is to market and sell spirituous beverages on a retail basis, and any other services and products for which the Company is permitted and capable to provide. 1.7 PRINCIPAL PLACE OF BUSINESS. The location of the principal place of business of the Company shall be: 3101 Highway 119 Longmont, Colorado 80501 The principal place of business may be changed to a location the Member may select, and as permitted. The Member may also choose to store company documents at any address the Member chooses. 1.8 MEMBER. The name and place of residence of the member are contained in Exhibit 1 attached to this Agreement. 1.9 ADMISSION OF ADDITIONAL MEMBERS. Except as otherwise expressly provided in the Agreement, additional members may be admitted to the Company, through issuance by the company, of a new interest in the Company, or a sale of a percentage of current Member's interest. ARTICLE II Capital Contributions 2.1 INITIAL CONTRIBUTIONS. The Member initially shall contribute to the Company capital as described in Exhibit 2 attached to this Agreement. The total value of such property and cash is $100.00. 2.2 ADDITIONAL CONTRIBUTIONS. Except as provided in ARTICLE 6.2, no Member shall be obligated to make any additional contribution to the Company's capital. ARTICLE III Profits, Losses and Distributions 3.1 PROFITS/LOSSES. For financial accounting and tax purposes the Company's net profits or net losses shall be determined on an annual basis and shall be allocated to the Members in proportion to each Member's relative capital interest in the Company as set forth in Exhibit 2 as amended from time to time in accordance with Treasury Regulation 1.704-i. 3.2 DISTRIBUTIONS. The Member shall determine and distribute available funds annually or at more frequent intervals as the Member sees fit. Available funds, as referred to herein, shalt mean the net cash of the Company available after appropriate provision for expenses and liabilities, as determined by the Member. Distributions in liquidation of the Company or in liquidation of a Member's interest shall be made in accordance with the positive capital account balances pursuant to Treasury Regulation 1.704-1(b)(2)(ii)(b)(2). To the extent a Member shall have a negative capital account balance, there shall be a qualified income offset, as set forth in Treasury Regulation 1.704-1(b)(2)(ii)(d). 3.3 C CORPORATION ELECTION. The Member may elect to be treated as a C corporation at any time to keep the profits of the LLC at the company level and not be forced to distribute profits to the Member. ARTICLE IV Management 4.1 MANAGEMENT OF THE BUSINESS. The management of the business is invested in the Member. 4.2 MEMBER. The liability of the Member shall be limited as provided pursuant to applicable law. The Member is in control, management, direction, and operation of the Company's affairs and shall have powers to bind the Company with any legally binding agreement, including setting up and operating a LLC company bank account. 4.3 POWERS OF THE MEMBER. The Member is authorized on the Company's behalf to make all decisions in accordance with ARTICLE 4.2 as to (a) the sale, development lease or other disposition of the Company's assets; (b) the purchase or other acquisition of other assets of all kinds; (c) the management of all or any part of the Company's assets; (d) the borrowing of money and the granting of security interests in the Company's assets; (e) the pre -payment, refinancing or extension of any loan affecting the Company's assets; (f ) the compromise or release of any of the Company's claims or debts; and, (g) the employment of persons, firms or corporations for the operation and management of the company's business. In the exercise of its management powers, the Member is authorized to execute and deliver (a) all contracts, conveyances, assignments leases, sub -leases, franchise agreements, licensing agreements, management contracts and maintenance contracts covering or affecting the Company's assets; (b) all checks, drafts and other orders for the payment of the Company's funds; (c) all promissory notes, loans, security agreements and other similar documents; and, (d) all other instruments of any other kind relating to the Company's affairs, whether like or unlike the foregoing. 4.7 NOMINEE. Title to the Company's assets shall be held in the Company's name or in the name of any nominee that the Member may designate. The Member shall have power to enter into a nominee agreement with any such person, and such agreement may contain provisions indemnifying the nominee, except for his willful misconduct. 4.8 COMPANY INFORMATION. Upon request, the Chief Executive Member shall supply to any member information regarding the Company or its activities. Each Member or his authorized representative shall have access to and may inspect and copy all books, records and materials in the Chief Executive Member's possession regarding the Company or its activities. 4.9 EXCULPATION. Any act or omission of the Member, the effect of which may cause or result in loss or damage to the Company or the Member if done in good faith to promote the best interests of the Company, shall not subject the Member to any liability to the Member. 4.10 INDEMNIFICATION. The Company shall indemnify any person who was or is a party defendant or is threatened to be made a party defendant, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative (other than an action by or in the right of the Company) by reason of the fact that he is or was a Member of the Company, Manager, employee or agent of the Company, or is or was serving at the request of the Company, for instant expenses (including attorney's fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred in connection with such action, suit or proceeding if the Member acted in good faith and in a manner he/she reasonably believed to be in or not opposed to the best interest of the Company, and with respect to any criminal action proceeding, has no reasonable cause to believe his/her conduct was unlawful. The termination of any action, suit, or proceeding by judgment, order, settlement, conviction, or upon a plea of "no to Contendere" or its equivalent, shall not in itself create a presumption that the person did or did not act in good faith and in a manner which he/she reasonably believed to be in the best interest of the Company, and, with respect to any criminal action or proceeding, had reasonable cause to believe that his/her conduct was lawful. 4. i I RECORDS. The Member shall cause the Company to keep at its principal place of business or other location the following. (a) A copy of the Certificate of Formation and the Company Operating Agreement and all amendments, (b) Copies of the Company's federal, state and local income tax returns and reports, if any, for the three most recent years; (c) Copies of any financial statements of the limited liability company for the three most recent years. ARTICLE V Compensation 5.1 MEMBER MANAGEMENT FEE. Any Member rendering services to the Company shall be entitled to compensation commensurate with the value of such services. 5.2 REIMBURSEMENT. The Company shall reimburse the Member for all direct out-of- pocket expenses incurred by the Member in managing the Company. ARTICLE VI Bookkeeping 6.1 BOOKS. The Member shall maintain complete and accurate books of account of the Company's affairs at the Company's principal place of business or other agreed location. Such books shall be kept on such method of accounting as the Member shall select. The company's accounting period shall be the calendar year. 6.2 MEMBER'S ACCOUNTS. The Member shall maintain separate capital and distribution accounts for each member. Each member's capital account shall be determined and maintained in the manner set forth in Treasury Regulation 1.704-I(b)(2)(iv) and shall consist of his initial capital contribution increased by: (a) Any additional capital contribution made by him/her, (b) Credit balances transferred from his distribution account to his capital account; and decreased by. (a) Distributions to him/her in reduction of Company capital; (b) The Member's share of Company losses if charged to his/her capital account. 6.3 REPORTS. The Member shall close the books of account after the close of each calendar year, and shall prepare and send to each member a statement of such Member's distributive share of income and expense for income tax reporting purposes. ARTICLE Vii Transfers . 1 ASSIGNMENT. According to the appropriate Court, should the Member have a creditor with a judgment that was issued an assignment of the membership interest, the creditor shall only obtain an assignment of the membership interest, not the actual transfer of Membership in the LLC. The new assignee does not have any rights of the Member or have the ability to be involved in management of the LLC or the right to dissolve the LLC. The new assignee is only granted rights of the distributions of the Member's interests, if the Member decides to distribute at all, not the rights of membership. The assignee must release the Member's interests back to Member upon payment of the judgment in accordance with the appropriate Court. ARTICLE VIII Dissolution 8.1 DISSOLUTION. The Member may dissolve the LLC at any time. The Member may NOT dissolve the LLC for a loss of membership interests. Upon dissolution the LLC must pay its debts first before distributing cash, assets, and/or initial capital to the Member or the Members interests. The dissolution may only be ordered by the Member, not by the owner of the Members interests, CERTIFICATE OF FORMATION This Company Operating Agreement is entered into and shall become effective as of the Effective Date by and among the Company and the person executing this Agreement as Member. It is the Member's express intention to create a limited liability company in accordance with applicable law, as currently written or subsequently amended or redrafted. The undersigned hereby agree, acknowledge, and certify that the foregoing operating agreement is adopted and approved by each member, the agreement consisting of 6 pages, constitutes, together with Exhibit 1, Exhibit 2 and Exhibit 3 (if any), the Operating Agreement of Capricho Rojo, LLC, adopted by the member as of June 16, 2015. Maribel Linder Signattr Printed Name Percent: 100% EXHIBIT 1 LISTING OF MEMBERS As of the 16 day of June, 2015, the following is a list of Members of the Company: Name: Maribel Linder Percent 100% Address: 1300 Wildrose Court Longmont, CO 80.503 EXHIBIT 2 CAPITAL CONTRIBUTIONS Pursuant to ARTICLE 2, the Member's initial contribution to the Company capital is stated to be S5,000.00. The description and each individual portion of this initial contribution are as follows: Maribel Linder $5,000.00 $ $ $ SIGNED AND AGREED the 16th iay of June, 2015. Maribel Lin d�r, Member Keseig 2361 Clover Basin Dr. Longmont, CO 80503 Tel: 1-800-KEY2Y0U 10/06/2015 01:55 PM Teller: CUNYAMA Cash From Client Deposit-Checking/Money Market Acct I ***** $ Cash on deposit $ Available Balance $ Paid To Client $ CC $0056206 Seq 100044 4,420.00 4,420.00 4,420.00 5,114.20 0.00 transaction for chick tf�is receiP is issued i rp in r ect to rules. reel ations ono practices of a oe at time of th Retain this receipt until verified vith ytr your statement of accent_ Thank You for Choosing KeyBank Visit key.com/rewards for Details on KeyBank Relationship Rewards Memorandum TO: File FROM: Kristeen Bevel DATE: April 1, 2016 SUBJECT: Capricho Rojo/ Room 119 Nightclub 3101 Hwy 119, Longmont, Colorado Rodolfo Montes, owner of Room 119 Nightclub located at 3101 Highway 119, in Longmont, CO decided to lease his facility to another party in 2013 without prior approval by this Department. The new tenants were required upon discovery to transfer the Liquor License and obtain a Retail Food License. This was completed in October 2013 and the facility changed ownership to El Rancho Grande. El Rancho Grande was discovered to have closed in October 2014. On March 26, 2015, Rodolfo Montes initiated the plan review process with this department to open the facility again as Room 119. During this time, Edgar Sosa, who identified himself as Rodolfo's ex son-in-law acted as a manager in opening the facility. The facility was opened on August 5, 2015 as Room 119. The inspector contacted Rodolfo Montes in mid -September to inquire about operating hours for inspection. Rodolfo stated that his daughters, Lisa and Amanda Montes, were operating the nightclub and he didn't know when it would be open. He stated that he would have them call the inspector to confirm. No call was ever received. The inspector noticed on October 7, 2015 that a new sign was in front of the building that said Capricho Rojo (720)709-8556. The inspector inquired with Rafaela Martinez, Deputy Clerk to the Board if there was a change of ownership that she was aware of with the Liquor License and she had not received any information about a change. The inspector then discovered a Facebook page for Capricho ROJO in Longmont that was created as early as September 8, 2015. The page did not list an owner but Edgar Sosa is mentioned numerous times on the page. The inspector attempted inspection on October 10, 2015 and found the facility closed. When the inspector called the phone number on the sign, Edgar Sosa answered. He stated that the family is leasing the building to Maribel Lindor who is running a business called Capricho Rojo. He stated that he is not involved in the business and can't speak on behalf of the new tenant but that she is in the process of changing the Liquor License over to her name. I explained to Edgar that the business cannot continue to change owner/ tenants/ managers without advance notification. At this time Edgar said the nightclub is not operating. On October 23, 2015, the Department issued a Notice of Failure to Obtain a Retail Food License to Maribel Lindor, the responsible agent listed on the Secretary of State's website for Capricho Rojo, LLC. On November 3, 2015, the inspector received a call from Ron Brambila who stated that he is involved in the business ventures of Maribel Lindor. He had received the Notice of Failure to Obtain a Retail Food License letter and stated that they would be completing the change of ownership paperwork. When I inquired about Edgar Sosa's involvement in Capricho Rojo, Ron stated that Edgar was not involved. Ron also said he was unaware of the Capricho Rojo Facebook page. On December 22, 2015, the Department received an incomplete change of ownership packet from Maribel Lindor. The inspector called Maribel and left a message stating that the paperwork was not complete and Maribel would need to pay for the food license and never received a call back. In the last week of December, Edgar Sosa called the inspector to say that he had surrendered his liquor license which Maribel Lindor was in the process of doing a Transfer of Ownership for. He stated that there were issues with the tenant and they wanted to evict her. On December 31, 2015, the inspector drove by the facility two times (at approximately 6:00 pm and shortly after midnight) and observed the facility was not operating. In mid -February, 2016, Rodolfo Montes attempted to send in payment to renew the food license for Room 119 Nightclub. As Room 119 Nightclub did not have a liquor license nor were they in the process of obtaining a liquor license, the Department chose to not renew the license. Maribel Lindor was still in the process of obtaining a liquor license as Capricho Rojo and we did not want to issue a Retail Food License that did not match the liquor license. The inspector left a message for Edgar Sosa on February 17, 2016 to explain this decision. On March 22, 2016, Maribel Lindor contacted the Department regarding her Change of Ownership paperwork. She explained that she was still in the process of receiving her liquor license but needed to obtain the Retail Food License prior to being awarded the liquor license. The inspector relayed to Maribel the additional requirements that needed to be completed and Maribel Lindor arrived at the Health Department to complete those items that day. On March 22, 2016, the inspector signed off on the Change of Ownership. Rafaela Martinez From: Sent: To: Subject: Rafaela, Kristeen Bevel Tuesday, January 12, 2016 9:15 AM Rafaela Martinez; Dan Joseph RE: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Just so you can add it to the file, as of today the applicant does not have a Retail Food License. She submitted partial paperwork and has not responded to a phone message to submit the rest of what is required to obtain a Retail Food License. Thanks! Kristeen Bever Environmental Health Specialist Weld County Department of Public Health and Environment 1555 N. 17th Ave. Greeley, CO 80631 (970)304-6415 x2224 kbevelPco.weld.co.us 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: Tuesday, January 12, 2016 8:51 AM To: Dan Joseph Cc: Kristeen Bevel Subject: RE: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Dan, The Applicant has amended their application to reflect a New Liquor License Application and paid the appropriate fees. She had just come in late last week so I am not sure why she hasn't contacted you guys. I was just sending out a reminder email for referrals if I still needed them. Since you guys have been working with me on this I will just include this email. Thanks Dan! Rafaela .4. Martinez 1 Deputy Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X5226 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: Dan Joseph Sent: Tuesday, January 12, 2016 8:43 AM To: Rafaela Martinez <ramartinez@co.weld.co.us> Cc: Kristeen Bevel <kbevel@co.weld.co.us> Subject: RE: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Rafaela, I thought they couldn't do a transfer of ownership since Room 119 canceled their license. I wasn't sure if they were going to go forward with applying like it was a new license. In addition, Kristeen called a left a message with the woman taking over prior to New Years and hasn't heard back (we needed some additional items for the food license). So let me know if we still need to submit something. Dan Dan Joseph CP-FS Food Program Coordinator Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley, CO 80631 phone: 970.304.6415 x 2206 fax: 970.304.6411 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: Monday, January 11, 2016 4:16 PM To: Jose Gonzalez; Sean Standridge; Dan Joseph Subject: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Hello! 2 This is a friendly reminder that to be in accordance with the procedure for processing New Liquor License and Transfer of Ownership Applications, I require a review on all records on the following document for any associated reports/incidents. Please return your report to the Weld County Clerk to the Board's Office as soon as possible. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License PLEASE RESPOND NO LATER THAN: Friday, January 15, 2016 Applicant: Capricho Rojo, LLC dba Capricho Rojo File Location: LC0019 Thank you! Rafael(' .4..1 Martinez Deputy Clerk to the Board 1150 O Street/P.O. Box 758'Greeley, CO 80632 tel: (970) 336-7215 X5226 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. 3 Rafaela Martinez From: Sean Standridge Sent: Wednesday, January 13, 2016 3:15 PM To: Rafaela Martinez Subject: RE: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Attachments: 1948_001.pdf Follow Up Flag: Flag Status: Follow up Flagged Hello, We had 12 incidents at the 3101 Highway 119 address. There is a residence located behind the night club that three criminal incidents occurred at, the night club itself only had bar checks assigned to it. No incidents that I'm aware of. Sean Sgt Standridge Weld County Sheriffs Office 1950 "O" St. Greeley, CO 80631 (970) 356-4015 ext. 2803 Original Message From: Rafaela Martinez Sent: Monday, January 11, 2016 4:16 PM To: Jose Gonzalez; Sean Standridge; Dan Joseph Subject: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Hello! 1 01/11/16 16:56 AGENCY/NATURE/CLEARANCE: Agen Incident nature Cle Record nu Dis WELD COUNTY SHERIFF'S OFFICE 1897 LAW Incident Table Page: 1 WC BAR 0 1099690 ACT WC ZZ - ASLTA R 1240120 ACT WC ZZ - FAMOFF R 1167000 AA WC MEET S 1269686 ACT WC FUP S 1265293 CO WC FUP S 1261597 CO WC FUP S 1252188 ACT WC FUP S 1248149 CO WC FUP S 1241484 CO WC FUP S 1168947 ACT WC FUP S 1167825 CO WC BAR S 1141657 ACT Linder I UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2016006000000156708 TCN 014C0000363654 THE ENCLOSED RECORD, DATED 2016/01/06, WITH THE FBI NO. 709464TA2 AND NGI CONTROL NUMBER (NCN) E2016006000000156708 IS BEING PROVIDED AS THE RESULT OF CIVIL RETAIN IDENT TEN -PRINT SUBMISSION. A CRIMINAL HISTORY REQUEST NOTIFICATION(S) WAS SENT BY THE FBI TO THE FOLLOWING ORGANIZATIONS, EXCEPT FOR THOSE INDICATING THAT THE REFERENCED SUBJECT IS DECEASED. COLORADO - STATE ID/C0515189 SINCE THIS RESPONSE CONTAINS NATIONAL FINGERPRINT FILE (NFF) AND/OR III PARTICIPANT STATE(S) REGULATED DATA, THE RESPONSE MAY NOT BE COMPLETE. HOWEVER THE FBI MAINTAINED DATA FROM THE NON -RESPONDING III PARTICIPANT STATE(S) IS INCLUDED IN THE RESPONSE. COCBI0000 CO BUREAU OF INVEST COLORADO B OF I STE 3000 690 KIPLING ST DENVER,CO 80215-8001 Page 1 Linder I UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2016006000000156708 THE FOLLOWING FBI IDENTIFICATION RECORD FOR 709464TA2 IS FURNISHED FOR OFFICIAL USE ONLY. DESCRIPTORS ON FILE ARE AS FOLLOWS: NAME LINDER,MARIBEL SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR F W 502 130 BROWN BROWN BIRTH CITY BIRTH PLACE UNREPORTED MEXICO HENRY CLASS 14 M 21 W 000 11 M 17 U 000 0 OTHER BIRTH DATES NONE ALIAS NAME(S) NONE SCARS -MARKS -TATTOOS END OF COVER SHEET NONE ********************** PATTERN CLASS WU WU RS RS RS WU LS LS LS LS RS WU SOCIAL SECURITY MISC NUMBERS NONE CRIMINAL HISTORY RECORD *****' ********************** Introduction **********4r* ********** is ******************** **•**** This rap sheet was produced in response to the following request: Page 2 Linder I Subject Name(s) State Id Number Purpose Code Attention C0515189 (CO) I E2016006000000156708;T The information in this rap sheet is subject to the following caveats: COLORADO BUREAU OF INVESTIGATION - IDENTIFICATION UNIT 690 KIPLING STREET, SUITE #3000, DENVER, COLORADO 80215 (303) 239-4208 THIS IDENTIFICATION RECORD IS FOR LAWFUL USE ONLY AND SUMMARIZES INFORMATION SENT TO THE COLORADO BUREAU OF INVESTIGATION FROM FINGERPRINT CONTRIBUTORS IN THE STATE OF COLORADO. UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, THE COLORADO BUREAU OF INVESTIGATION CAN NOT GUARANTEE THIS RECORD RELATES TO THE PERSON IN WHOM YOU HAVE AN INTEREST. IF THE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF AN ARREST CHARGE OR DISPOSITION IS DESIRED, THAT INFORMATION MAY BE OBTAINED FROM THE AGENCY WHO FURNISHED THE ARREST INFORMATION. ONLY THE COURT OF JURISDICTION OR THE RESPECTIVE DISTRICT ATTORNEY'S OFFICE WHEREIN THE FINAL DISPOSITION OCCURRED CAN PROVIDE A CERTIFIED COPY TO ANY SPECIFIC DISPOSITION. STATE LAW GOVERNS ACCESS TO SEALED RECORDS. BECAUSE ADDITIONS AND DELETIONS TO A CRIMINAL HISTORY RECORD MAY BE MADE AT ANY GIVEN TIME, A NEW INQUIRY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. �r torso% �ici sr se�cse*chi icicic* ** icy IDENTIFICATION ********9;****************** Subject Name(s) HERNANDEZ, GRACIELA M LINDER, MARIBEL (AKA) TORRES, MARIC (AKA) Subject Description FBI Number 709464TA2 ) Social Security Number Sex Female Height 5'05" Hair Color Black Place of Birth MM Employment Occupation Employer Occupation Employer Occupation Employer State Id Number (CO Race white weight 128 Eye Color Brown MX TEACHER'S AID UNKNOWN OWNER UNKNOWN BAR OWNER UNKNOWN Page 3 Date of Birth Linder I Occupation Employer Residence Residence as of Residence as of SELF UNKNOWN 1998-09-23 1300 WILDROSE CT, LONGMONT CO 1998-09-23 3100 34TH 84G, BOULDER CO ************************** CRIMINAL HISTORY Tracking Number Earliest Event Date Cycle 001 13506506 1991-10-23 ************************** Arrest Date Arresting Agency Subject's Name Comment(s) Charge Charge Literal Statute Counts Severity 1991-10-23 C00070400 LONGMONT DEPARTMENT OF PUBLIC SAFETY HERNANDEZ, GRACIELA M MNU#: 0A -A000020613 1 THEFT THEFT (2399 ) 1 FELONY Tracking Number Earliest Event Date Cycle 002 13506507 1998-10-01 Arrest Date Arresting Agency subject's Name Comment(s) charge Charge Literal Statute Counts Severity 1998-10-01 C00070400 LONGMONT DEPARTMENT OF PUBLIC SAFETY LINDER, MARIBEL MNU#: OA -9844916 1 FAIL TO APPEAR FAIL TO APPEAR FTA: ATT THEFT OVER $300.00 (5015 ) 1 FELONY Tracking Number Earliest Event Date Cycle 003 13506508 1998-10-08 Arrest Date Arresting Agency subject's Name Comment(s) Charge Charge Charge Charge Literal Statute Counts Severity Charge Literal Statute Counts Severity 1998-10-08 C0007015A BOULDER COUNTY DISTRICT ATTORNEY'S OFFICE LINDER, MARIBEL MNU#: oA-DA1105130 1 FORGERY FORGERY (2589 ) 2 FELONY 2 PERJURY PERJURY FIRST DEGREE (5003 ) 1 FELONY 3 Page 4 Charge Charge Literal Statute Counts Severity Charge Literal Statute Counts Severity Tracking Number Earliest Event Date Linder I FORGERY FORGERY (2589 ) 2 FELONY 4 FRAUD -IMPERSONATION FRAUD -IMPERSONATION (2604 ) 1 FELONY Cycle 004 13506509 2008-07-22 Arrest Date Arresting Agency Subject's Name Comment(s) Charge Charge Charge Literal Statute Counts Severity Charge Literal Statute Counts Severity Tracking Number Earliest Event Date 2008-07-22 C00070100 BOULDER POLICE DEPARTMENT LINDER, MARIBEL MNU#: OA -0806847 1 FAIL TO APPEAR FAIL TO APPEAR DUI (5015 ) 1 MISDEMEANOR 2 MAKING FALSE REPORT MAKING FALSE REPORT (4803 ) 1 MISDEMEANOR Cycle 005 13506510 2009-01-05 Arrest Date Arresting Agency subject's Name Comment(s) Charge Charge Charge Charge Literal Statute Counts Severity Charge Literal statute Counts severity Charge Literal Statute Counts Severity 2009-01-05 C00070400 LONGMONT DEPARTMENT OF PUBLIC SAFETY LINDER, MARIBEL MNU#: OA -0900103 1 BURGLARY BURGLARY SECOND DEG (2299 ) 1 FELONY 2 DAMAGE PROPERTY DAMAGE PROPERTY CRIMINAL MISCHIEF (2999 ) 1 MISDEMEANOR 3 CONSERVATION ANIMALS CONSERVATION ANIMALS (6201 ) 1 MISDEMEANOR Court Disposition Court Case Number Court Case Number Court Case Number Court Case Number Court Case Number Final Disposition Charge Date Severity Disposition (Cycle 005) DOCKET# D0072009CR000273 DOCKET# D0072009CR000273 DOCKET# D0072009CR000273 DOCKET# D0072009CR000273 DOCKET# D0072009CR000273 2009-01-13 1 FELONY (DISMISSED BY DA) Page 5 Linder I Charge Charge charge charge Charge Literal Severity Disposition Severity Disposition charge Literal Severity Disposition Charge Literal Severity Disposition 2 TRESPASSING TRESPASS 1 -DWELLING FELONY (DISMISSED BY DA) 3 MISDEMEANOR (DISMISSED BY DA) 4 DAMAGE PROPERTY CRIMINAL MISCHIEF - UNDER $500 MISDEMEANOR (DISMISSED BY DA) 5 ASSAULT ASSAULT 3-KNOW/RECKLESS CAUSE INJ MISDEMEANOR (GUILTY) Sentencing Charge Charge Literal Disposition charge Charge Charge charge Charge Literal statute Disposition Charge Literal Disposition Charge Literal Statute Disposition charge Literal statute Disposition (Cycle 005) 1 BURGLARY 2 -OF DWELLING 0 2 TRESPASS 1 -DWELLING (TRESPASSING ) 0 3 CRUELTY TO ANIMALS-NEGLECT/MISTRE 0 4 CRIMINAL MISCHIEF - UNDER $500 (DAMAGE PROPERTY ) 0 5 ASSAULT 3-KNOW/RECKLESS CAUSE INJ (ASSAULT ) (24:00 M PROBATION 90:00 D ELECTRONIC SURVEILLANCE 80:00 H COMMUNITY SE) Tracking Number Earliest Event Date Cycle 006 13506511 2009-06-29 Arrest Date Arresting Agency subject's Name comment(s) charge charge Charge charge Literal Statute Counts Severity Charge Literal Statute Counts Severity Charge Literal Statute 2009-06-29 C00070000 BOULDER COUNTY SHERIFF OFFICE LINDER, MARIBEL MNU#: OA -0905562 1 DRIVING UNDER THE INFLUENCE DRIVING UNDER THE INFLUENCE (5404 ) 1 MISDEMEANOR 2 DRIVING UNDER THE INFLUENCE DRIVING UNDER THE INFLUENCE PER SE (5404 ) 1 MISDEMEANOR 3 DRIVING UNDER DRIVING UNDER DUI/DWAI 2ND THE INFLUENCE THE INFLUENCE Page 6 Linder I OFFENSE (5404 ) Counts 1 Severity MISDEMEANOR Charge 4 Charge Literal TRAFFIC OFFENSE Statute TRAFFIC OFFENSE WEAVING (5499 ) Counts 1 Severity MISDEMEANOR *** *******: ******t:r***** INDEX OF AGENCIES *** ::* :******: *********** Agency BOULDER POLICE DEPARTMENT; C00070100; Agency BOULDER COUNTY SHERIFF OFFICE; C00070000; Agency BOULDER COUNTY DISTRICT ATTORNEY'S OFFICE; 00007015A; Agency LONGMONT DEPARTMENT OF PUBLIC SAFETY; C00070400; Agency UNKNOWN; UNKNOWN; * * END OF RECORD * * Page 7 Linder II DATE 01/06/2016 SO WELD COUNTY RECORDS GREELEY 1950 "0" STREET GREELEY, CO 80631 RE: LINDER,MARIBEL DATE OF BIRTH: soc: xxx-xx- The Colorado arrest record for the person noted to follow. The Colorado Bureau of Investigation's database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. on occasion the Colorado criminal history will contain disposition information provided by the Colorado judicial system. Additionally, warrant information, sealed records, and juvenile records are not available to the public. since a record may be established after the time a report was requested, the data is only valid as of the date issued. Therefore, if there is a subsequent need for the record, it is recommended another check be made. Falsifying or altering this document with the intent to misrepresent the contents of the record is prohibited by law and may be punishable as a felony when done with intent to injure or defraud any person. Sincerely, Michael S. Rankin, Director Colorado Bureau of Investigation ATTN: SO WELD COUNTY RECORDS GREELEY COLORADO BUREAU OF INVESTIGATION - IDENTIFICATION UNIT 690 KIPLING STREET,SUITE #3000, DENVER, COLORADO 80215 (303)239-4208 THIS IDENTIFICATION RECORD IS FOR LAWFUL USE ONLY AND SUMMARIZES INFORMATION SENT TO THE COLORADO BUREAU OF INVESTIGATION FROM FINGERPRINT CONTRIBUTORS IN THE STATE OF COLORADO. UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, THE COLORADO BUREAU OF INVESTIGATION CAN NOT GUARANTEE THIS RECORD RELATES TO THE PERSON IN WHOM YOU HAVE AN INTEREST. IF THE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF AN ARREST CHARGE OR DISPOSITION IS DESIRED, THAT INFORMATION MAY BE OBTAINED FROM THE AGENCY WHO FURNISHED THE ARREST INFORMATION. Page 1 Linder II ONLY THE COURT OF JURISDICTION OR THE RESPECTIVE DISTRICT ATTORNEY'S OFFICE WHEREIN THE FINAL DISPOSITION OCCURRED CAN PROVIDE AN OFFICIAL COPY TO ANY SPECIFIC DISPOSITION. STATE LAW GOVERNS ACCESS TO SEALED RECORDS. BECAUSE ADDITIONS AND DELETIONS TO A CRIMINAL HISTORY RECORD MAY BE MADE AT ANY GIVEN TIME, A NEW INQUIRY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. *************************** NAME(S) USED: PHYSICAL: DATE(S) OF BIRTH: IDENTIFICATION HERNANDEZ, GRACIELA M LINDER, MARIBEL TORRES, MARIC *************************** SEX: F RACE: W HGT: 505 WGT: 128 EYE: BRO HAIR: BLK SKN: PLACE(S) OF BIRTH: MM MX ************************** CRIMINAL HISTORY Cycle 001 ************************** ARREST DATE ARRESTED 10/23/1991 AGENCY LONGMONT DEPARTMENT OF PUBLIC SAFETY ARREST NUMBER B0018261 NAME USED HERNANDEZ, GRACIELA M CHARGE 01 CHARGE LITERAL THEFT TYPE/LEVEL FELONY OFFENSE DATE 10/23/1991 Cycle 002 ARREST DATE ARRESTED 10/01/1998 AGENCY LONGMONT DEPARTMENT OF PUBLIC SAFETY ARREST NUMBER A0101422 NAME USED LINDER, MARIBEL CHARGE 01 CHARGE LITERAL FAIL TO APPEAR FTA: ATT THEFT OVER $300.00 TYPE/LEVEL FELONY OFFENSE DATE 10/01/1998 DOCKET 91F1816 Cycle 003 ARREST DATE ARRESTED AGENCY ARREST NUMBER NAME USED CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE 10/08/1998 BOULDER COUNTY DISTRICT ATTORNEY'S OFFICE A0101682 LINDER, MARIBEL 01 FORGERY -- 2 COUNTS FELONY 10/23/1991 Page 2 Linder II CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE 02 PERJURY FIRST DEGREE FELONY 10/23/1991 03 FRAUD -IMPERSONATION FELONY 10/23/1991 Cycle 004 ARREST DATE ARRESTED 07/22/2008 AGENCY BOULDER POLICE DEPARTMENT ARREST NUMBER K00185574 NAME USED LINDER, MARIBEL CHARGE 01 CHARGE LITERAL FAIL TO APPEAR DUI TYPE/LEVEL MISDEMEANOR OFFENSE DATE 07/22/2008 DOCKET C0072008T 003096 CHARGE 02 CHARGE LITERAL MAKING FALSE REPORT TYPE/LEVEL MISDEMEANOR OFFENSE DATE 07/22/2008 Cycle 005 ARREST DATE ARRESTED 01/05/2009 AGENCY LONGMONT DEPARTMENT OF PUBLIC SAFETY ARREST NUMBER K00191568 NAME USED LINDER, MARIBEL CHARGE 01 CHARGE LITERAL BURGLARY SECOND DEG TYPE/LEVEL FELONY OFFENSE DATE 01/05/2009 CHARGE 02 CHARGE LITERAL DAMAGE PROPERTY CRIMINAL MISCHIEF TYPE/LEVEL MISDEMEANOR CHARGE 03 CHARGE LITERAL CONSERVATION ANIMALS TYPE/LEVEL MISDEMEANOR COURT CHARGE 01 CHARGE LITERAL - BURGLARY 2 -OF DWELLING TYPE/LEVEL FELONY OFFENSE DATE 01/05/2009 DOCKET D0072009CR000273 COURT DISPOSITION DISMISSED BY DA DISPOSITION DATE 04/29/2009 CHARGE 02 CHARGE LITERAL TRESPASSING TRESPASS 1 -DWELLING TYPE/LEVEL FELONY OFFENSE DATE 01/05/2009 DOCKET D0072009CR000273 COURT DISPOSITION DISMISSED BY DA DISPOSITION DATE 04/29/2009 CHARGE 03 CHARGE LITERAL - CRUELTY TO ANIMALS-NEGLECT/MISTRE TYPE/LEVEL MISDEMEANOR OFFENSE DATE 01/05/2009 DOCKET D0072009CR000273 COURT DISPOSITION DISMISSED BY DA DISPOSITION DATE 04/29/2009 CHARGE 04 CHARGE LITERAL DAMAGE PROPERTY CRIMINAL MISCHIEF - UNDER $500 Page 3 TYPE/LEVEL OFFENSE DATE DOCKET COURT DISPOSITION DISPOSITION DATE CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE DOCKET COURT DISPOSITION DISPOSITION DATE SENTENCE ARREST DATE ARRESTED AGENCY ARREST NUMBER NAME USED CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE CHARGE CHARGE LITERAL TYPE/LEVEL CHARGE CHARGE LITERAL TYPE/LEVEL CHARGE CHARGE LITERAL TYPE/LEVEL Linder II MISDEMEANOR 01/05/2009 D0072009CR000273 DISMISSED BY DA 04/29/2009 05 ASSAULT ASSAULT 3-KNOW/RECKLESS CAUSE INJ MISDEMEANOR 01/05/2009 D0072009CR000273 GUILTY 11/23/2009 24:00 M PROBATION 90:00 D ELECTRONIC SURVEILLANCE 80:00 H COMMUNITY SE Cycle 006 06/29/2009 BOULDER COUNTY SHERIFF OFFICE K00197892 LINDER, MARIBEL 01 DRIVING UNDER THE INFLUENCE MISDEMEANOR 06/29/2009 02 DRIVING UNDER THE INFLUENCE PER SE MISDEMEANOR 03 DRIVING UNDER THE INFLUENCE DUI/DWAI 2ND OFFENSE MISDEMEANOR 04 TRAFFIC OFFENSE WEAVING MISDEMEANOR *CRIMINAL JUSTICE AGENCIES MAY NOT HAVE PROVIDED ALL ARRESTS, *CHARGES OR DISPOSITIONS TO THE CBI. THIS RECORD SHOWS ALL *ARRESTS, CHARGES & DISPOSITIONS THAT WERE PROVIDED, UNLESS *ACCESS TO THEM HAS BEEN LIMITED BY COURT ORDER. * *FALSIFYING OR ALTERING THIS RECORD WITH THE INTENT TO MISREPRESENT* *THE CONTENTS OF THE RECORD IS PROHIBITED BY LAW, AND MAY BE * *PUNISHABLE AS A FELONY WHEN DONE WITH THE INTENT TO INJURE OR * *DEFRAUD ANY PERSON. ---- END OF RECORD MEETING DISSEMINATION CRITERIA ---- 01/06/2016 11:53MT Page 4 * * * Rafaela Martinez From: Sent: To: Subject: No concerns from OEM Roy Rudisill Friday, December 18, 2015 2:22 PM Rafaela Martinez; Bethany Pascoe; Dan Joseph; Deb Adamson; Frank Haug; Janet Lundquist; Lisa Carpenter; Tom Parko Jr. RE: Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Roy Rudisill Director Office of Emergency Management 1150 O Street 970-304-6540 Office 970-381-0417 Cell 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: Friday, December 18, 2015 1:49 PM To: Bethany Pascoe <bpascoe@co.weld.co.us>; Dan Joseph <djoseph@co.weld.co.us>; Deb Adamson <dadamson@co.weld.co.us>; Frank Haug <fhaug@co.weld.co.us>; Janet Lundquist <jundquist@co.weld.co.us>; Lisa Carpenter <Iarpenter@co.weld.co.us>; Roy Rudisill <rrudisill@co.weld.co.us>; Tom Parko Jr. <tparko@co.weld.co.us> Subject: Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo 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: January 8, 2016 Applicant: Capricho Rojo, LLC dba Capricho Rojo c/o Maribel Linder fka RM, Inc., dba Room 119 File Location: LC0019 Thank you! 1 Rafaela Martinez From: Sent: To: Subject: Janet Lundquist Monday, December 28, 2015 5:39 AM Rafaela Martinez RE: Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo 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. Original Message From: Rafaela Martinez Sent: Friday, December 18, 2015 1:49 PM To: Bethany Pascoe; Dan Joseph; Deb Adamson; Frank Haug; Janet Lundquist; Lisa Carpenter; Roy Rudisill; Tom Parko Jr. Subject: Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo 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 1 MEMORANDUM To: Rafaela Martinez, Deputy Clerk to the Board December 23, 2015 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0019 Review of the following liquor license renewal by the Department of Planning Services shows the following: 47-4288154-0000 Capricho Rojo, LLC DBA Capricho Rojo 3101 Hwy 119 Longmont, CO 80504 Zone District: C-4 (Commercial) This use is allowed through the zone district and a Site Plan Review (SPR-267). After further research of my files and computer, no active violations were found on the property at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY Rafaela Martinez From: Sent: To: Subject: Jose Gonzalez Wednesday, January 13, 2016 12:46 PM Rafaela Martinez; Sean Standridge; Dan Joseph RE: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo After a review of our records, no issues or violations were found. Building Department has no concerns with the property. If you have any questions please let us know. Sincerely, Jose Gonzalez Assistant Building Official Building Department 1555 N 17th Ave Greeley, CO 80361 tel: 970-353-6100 x3533 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: Monday, January 11, 2016 4:16 PM To: Jose Gonzalez; Sean Standridge; Dan Joseph Subject: Tavern License Transfer of Ownership - Capricho Rojo, LLC dba Capricho Rojo Hello! This is a friendly reminder that to be in accordance with the procedure for processing New Liquor License and Transfer of Ownership Applications, I require a review on all records on the following document for any associated reports/incidents. Please return your report to the Weld County Clerk to the Board's Office as soon as possible. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License PLEASE RESPOND NO LATER THAN: Friday, January 15, 2016 Applicant: Capricho Rojo, LLC dba Capricho Rojo File Location: LC0019 1 IPULL AND RETAIN THIS ante BEFORE AFFIXING TO THE PACKAGE. NO POUCH NEEDED. [i- ! 'M a |h§ io 2!R �A# ❑ /± t .o o !»\ LbEg | Ln!! Lb)/ Iz! . ❑` ❑ >43 o .24 ❑ a) Oept/Roor/Suite/Aoom $ r / \ A / ) ❑ FedEx Fret ouemight, Fe O| !>: 7 Payment BRIM: \ k0 } LE Ott � )\ 041572239 Total Declared Valuet \ ) ] kg ot T 8715 2810 7384 E L222 L c -2 c w inQ X° x w PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE. NO POUCH NEEDED. W y Z Packages over 150 lbs. I s � oiy LL -t. M c Special Handling and Delivery Signature Options Saver, or FedEx 3Dey Freight might FedEx Ex Z U 'O eve C�m� co Phone (303 )4205 —cA300 HOLD Weekday HOLD Saturday PdntFv�ddEExx Iota on address Pnntfedtxlocauon address below. below NOTeveileble for ❑ Availeble 2Daytr FedEt Fnmir One FedEs Fret Overnight and FedEx2Daytoselect locadons. 90 O Deptiloor/Sure/Foom a 0 0O 0 cj 5 c U zio U U 0415722399 Total Declared Valuet v. Date 2/0&Part #158279•©1994-2008 FedEx•PFINTEO I 1 Y —0 0n O rl ru rR co L c a jai< w PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE. NO POUCH NEEDED. Li 0 m w to fA L Packages over 150lbs. E 0 Dept/Floor/Surte/Room Of C 'E 0 unt Y o �O ., ZIP 80631-1117 0 Co co C3 d cc g e m C o m E2 elivery Signature Options Special Handling and ID M Phone (3O3 ) L06— 2 373 0 U U 0415722399 Total Declared Valuer m s= F9 $ 80 be �S 4102 tit AFFIDAVIT OF RECEIPT State of Colorado County of Weld BEFORE ME, a representative of Capricho Rojo, LLC, dba Capricho Rojo on this "" day of 20/6 , did receive a copy of the Resolution, State License and County License. Represe ative Signature fI (1 V b -e -I L i V,_c_key Printed Name of Representative Printed Name Clerk to the Board TAVERN (COUNTY) LIQUOR LICENSE RM, INC., DBA ROOM 119 Site Plan Review SPR-267 PL STAFF REPORT RETAINED IN TYLER, REMAINDER RETAINED IN PAPER LIQUOR FILE. ORIGINAL CASE FILE MAINTAINED BY PLANNING. siegar aA COLORADO CASE NUMBER: SPR-267 APPLICANT Rudolf° Monies SITE PLAN REVIEW Administrative Review PARCEL NUMBER: 1313 03 000011 LEGAL DESCRIPTION: Pt. SW4 SW4 of Section 3. USN. ROW of the 6th P.M.. Weld County. Colorado ZONING: CA (Highway Commercial) PROPOSED USES: ttighticlub. three =We Wines (one utilized as storage/o, one utilized for a caretaker, and one as hand member residences, and a fond truck in the Commercial (C- ) Zone District within the Mixed Use Development Area_ • NcMc Mobile hunt used for handl member cs m approved Sege Coalman of Approval iA Site Plan Review Standards Comments Meets the Intent of the Weld County loran Ordinance .& MUD Nan Included in Application YES Site l plan Certification IRetention Facilities Dept. Approval Engineering Date February 6, 1997 from Don Carroll, Weld (minty Public Works YES Oflstreed Parking Adegwate number of spaces, set Conditions of Approval #- II S !.8 'DES Loading Areas Sullflcienc Goading nu on tine Ili Access keels is via III 1I?, Ste Condition of Approval ,# I.hl DES 25 Itet -WES Setback Requirements Whet Requirements 10 Feet 115 1Jnd' caping Set Condo on al Approval #LE, I.F, I.G & IA NO Trash Collection and Storage Sep Laodnion of Approval #1,. I, 6, ,& ili YES Potable Water 'Site serWlcd bra well, s.tie Condition of .Approra'I #1111 I V'E,I SPR-267, Page 2 Sewage Disposal St. Yram Sanitatiof District YES Environment Standards Noise YES Air Quality YES 'dater Quality See Condition of Approval # Li & Ii YES Radiation _ ........_ ..._.. _._._....._._..__.._ ....._.... YES Heat _ YES Light Sign flashes, see Condition of Approval # l.D MO Property l aintenan€e YES This site plan rcvie itr is approved with the attached conditions: ['be following, conditions shall be performed within 30 days ole the Sit: Plan Review Conditional Approval date (fore 17, 1997): ff The mobile borne used as a dwelling ibr a band member shall be removed from the site within 30 days of the date of this administrative review or be reverted into storage, with only electricity permitted to be connected to the mobile home. Only one (1) mobile home used as living quarters for caretakers or security personnel responsible .for maintaining or guarding the property is permitted in accordance with Section 33.5.3.7 of the Weld County Zoning Ordinance. Cf reveried into storage, the applicant shall apply Mr and receive apprc.wal of a huilrling permit from the Weld applicant apply 1 1 4d i County Building Inspection Department, and a zoning permit from the Department of Flaming Services for the mobile home. The mobile home shall not be utilized ott any basis as a dwelling or as overnight or temporary housing far any persons. B. The applicant shall apply for and receive approval of a building permit front the Weld County Building Inspection Department for the mobile home to be used as an accessory of lice and storage lac ility . 1'he applicant shall apply for and receice approval of a Flood Hazard Development permit from the Department of Planning Services. 1). All niechanica1 or electrical appurtenances, such as revolving beacons and flashing signs, which are designed LO compel attention, are prohibited in all zone districts as per Section 42.2 ol'the Weld County Zoning Ordinance. The applicant shall submit I I SPR-267, Page 3 a letter staling that the flashing ht3lhs on the sign located on the property have been either removed or switched so that they no longer Hash. E. An improvements agreement for proposed landscaping shall be submitted to and reviewed by the Department of Planning Services and approved by the Weld County Commissioners, and collateral tendered_ F. 'ts'he applicant shall submit evidence to the Department of Planning Services that they are attempting,' to niwet the landscaping requirements for parking lots in Section 2.6.3 the S Use } � be by z of Mixed Development l Plan. �1'his information will reviewed the Department of Planning Services to determine if the proposed landscaping within the parking lot meets the intent of the Mixed Use Development Plan. The applicant shalt submit to the Department of Planning Services for review and approval, a detailed landscape plan delineating proposal trees. shrubs, ground covers and other landscaping elements on the site, along with a maintenance schedule of F;F1t2: 1110 1 ta1F'i i'r'!'2t1111 CT t%fl i t }1f+ !II I Pi I !171r4 1011 rj; Ti I'.1; 11O11 afti'•T Si Ft. lsnl%St?%.-41pli11b 17111 kn. 11ti15N 444548 ALIAS F 14%e%J • l l The applicant shall submit evidence In the Department cal' Planning Services that they have reached an agreement with the Colorado Department of Transportation addressing the concerns its their referral dated January 28, 1997. The applicant shall submit evidence vi the.• Department of Planning Services from the Division of Water Resources that the well utilized for the eo m nnerctal and residential activities on the site is of sufficient quantity and quality to adequately handle all uses on the property. The Site Plan Review map shall he amended to show the dimensions of the individual parking spaces. K. The water system shall comply with the requirements for a "non -Community" water system as cicPaned in the Primary Drinking Water Regulations (5 CC R 1003-1). The applicant shall submit evidence to the Weld County Health Depanment and the Department of Planning Services that the water system meets all requirements from the State Department of Health. 2. Elie following conditions shall be completed within 60 days of the Site Plan Review Conditional Approval claw (July 17. 1q071 A The portion ofthe lot which abut: Ski 119, shall be landscaped with a minimum 2 '=t inch caliper shade tree or 6 lout minimum height coniferous tree at a distance of ten (10) feet, measured at a right angle from the kit line towards the interior of. the St'R-267, Page 4 lot, for every 40 linear feet of street frontage. Trees may be grouped with a maximum distance of 1110 feet between trees or groupings, in accordance with the Mixed Use Development Plan (Ordinance 191). B. All parking spaces located in the middle of the lot shall be equipped with wheel guards or curb blocks to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles. 3. 'I`tae mobile home used as an accessory office and storage tkility shall not be utilized on any basis as a dwelling or as overnight or temporary housing for any persons. 4 All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. No permanent disposal of wastes shall be permitted. at this site. 6 Waste materials shall he handled, stored/ and disposed in a manner that controls fugitive dust. blowing debris, and other potential nuisance conditions. 7 Fugitive dust shall he controlled on this site. Tlir' ,w f4 it?5151T3 norrn it riniltir+ IOirf11 eIvaII 51r11 ,sti•r•;it,•r? ! k1' r•rinifrtrlre' Ili r5ni1 ref' KT) r11 I A l a lit. alatanit114a111 #.14. tall1,J.JLLOLL 115-11.04.-14 4 V .41%01. t I OIL lL4o%V11l4:t4 , 7..LLI %LaL 11i1lll%e1L {11.1115 L'I %I4J 1iLf L.i • j, as measured according to 75-12-102, Colorado Revised Statutes. 9. 'Ile nightclub shall comply u itl) the Colorado Sanitation of Food Establishment regulations (6 OCR 1010-2). :. The { food 1 C 1 1 • . food 1 license. 14J the restaurant aria food truck shall maintain a current food service establishment license. 11. No outside storage is allowed on the site. 12. Storage within a building shall be maintained two feet or more below the ceiling of non- sprinklered areas of buildings. 13. Combustible material shall not be stared in exits or exit closures, boiler rooms, mechanical rooms, or electrical equipment rooms. Site Plan Review co: 0 tram * approved / KcrrI I) Ncbthley, Curre ' ncr May 19, 1997 Hello