The URL can be used to link to this page

Browse Search

Home My WebLink About20152867.tiffFINDINGS AND RESOLUTION RE: ACTION OF THE BOARD CONCERNING FINDINGS AND RESOLUTION FOR APPLICATION OF FRITZLER FARMS, INC., FOR OPTIONAL PREMISES LIQUOR LICENSE, AND AUTHORIZATION FOR CHAIR TO SIGN The application of Fritzler Farms, Inc., 20909 County Road 33, La Salle, Colorado 80645, for a Tavern Liquor License, came on for hearing on the 26th day of August, 2015, 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, made 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, on August 26, 2015, the Board has considered the application of Fritzler Farms, Inc., 20909 County Road 33, La Salle, Colorado 80645, 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, the Board, after correspondence from Fritzler Farms, Inc., deemed it advisable to reconsider the application for an Optional Premises License, 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 an Optional Premises Liquor License for Fritzler Farms, Inc., and 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 provided 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 CC :5O Appl q/2z 2015-2867 LC0054 "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. 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 2015-16 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 September 9, 2016, 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 Amended Application for an Optional Premises Liquor License, be and hereby is, approved. 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 31st day of August, A.D., 2015. ATTEST: W,ofehA) Weld County Cler o the Board D-puty Clerk to the Board 7 ED AS M: Attorney Date of signature: 7/1e/ /S BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COIIORADO c -3T 4. c�vt -- / Barbara Kirkmeyer, Chair Freeman, Pro -Tern Steve Moreno 2015-2867 LC0054 Division Director 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 FRITZLER FARMS INC dba FRITZLER CORN MAZE 20861 COUNTY ROAD 33 LA SALLE CO 80645 ALCOHOL BEVERAGE LICENSE Liquor License Number 4705292 License Expires at Midnight September 09, 2016 License Type OPTIONAL PREMISES (COUNTY) 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. 9/10/2015 RLE bout,64,4\_944,64_9,_ Executive Director s Esther Gesick From: Sent: To: Cc: Subject: Hello Glen, Esther Gesick Tuesday, September 22, 2015 1:33 PM 'glen@fritzlermaze.com' Rafaela Martinez Optional Premises Liquor License Rafaela is out of the office this week and I came across the partially completed County license for the Optional Premises. I'm not sure what has been sent to you at this point, but I just wanted to let you know I am mailing out a packet that contains the finalized Resolution for your records, as well as the State and County Optional Premises Licenses to be posted. Please let me know if you need anything further. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 7581 Greeley, CO 80632 tel: (970) 336-7215 X4226 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 w I i I crecJl J..cc:cram...ma, J�1JJl J.JI JJI �fJl J_ll J.JI J./�rll `� CJ'-CJ'-CJ�J�CJ�FJ'-CJ'CJ'-CJ'-C�J'-CJ'-CJ'-CJ�CJ�CJ�J'CJ'-CJ'-CJ'CJ'J..i� grL Cq cf)W z U .a 4 rTi a oa w w z 0 z 5709 0987 U.S: postal ServiceTM 'CERTIFIED MAIL. RECEIPT (Domestic Mail only; No insurance Coverage Provided) For delivery infonrlation visit our website at www.uspe.come Postage $ fYl Certified Fee Return Receipt Fee (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) R▪ J Total Postage & Fees $ O Sent To 0 r- , Street, Apt. No.; Cie I or PO Box No. 200e? 33 City. State, ZIP+4 � W n,.., g0415 5 Postmark Here j 910146 rri4Z Ler' FxbrinS_.1i SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Frazier Farrv►s, inc A�1n G!>2.1 1 qiintLa. �ri%zL4- abcam, coad 33 La Sall. , Co'a/45 2. Article Number (Transfer from service label) PS Form 3811, July 2013 Domestic Return Receipt A. Signature B. Received by (Printed Name) ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from item 1'? O Yes If YES, enter delivery address below: O No 3. Service Type .I Certified Mail° O Priority Mail Express'" ❑ Registered O Return Receipt for Merchandise ❑ Insured Mail O Collect on Delivery 4. Restricted Delivery? (Extra Fee) O Yes 7004 2890 0003 5709 0987 y �O O r 'ri C O O O, rt ct ct i s-+ O V O c,; rizs - • U, ct O c) O u rO Cr . rsi 4 • �--� cC 4J f O •t O O U O U 0 ao O b c� O O V ct cC M M b cC 1-4 O ri O V W O t O U v: y cu ”is Ct O v; aaa tOrN N rn V V Ct t O CC rsz rE O aA V cC In O V f C r-_ r�CC V ri C m ir D D U, U.S. Postal Service,. CERTIFIED MAILTM RECEIPT (Domestic Malt Only; No Insurance Coverage Provided) For delivery Information visit our website.at www,usps.come Postage Certified Fee D Return Receipt Fee D (Endorsement Required) D Restricted Delivery Fee p^ (Endorsement Required) co ru D I Sent "o �i/�//1� ///1�/°� j . d y�/►yy� fti Street. A . M1lo ! _l^A IYIA �JKLTr....(MAI t la tolN Pam 1r_ Total Postage & Fees S _J ghy Postmark Here or PO Box No.eJ�..+ _1�0909 3 ty I C Stale ZIP+4 -- ( J SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. to '6(D`'6" 1. Article Addressed to: Q.i Gun ?ai X0909t, %i 33 La�Ca0, co &OLy5 2. Article Number (Transfer from service lab A. Siyature 4 B. Received by (P inted Name) ❑ Age ressee C. Date of Delivery D. Is delivery address different from item 1? V Yes If YES, enter delivery address below: ❑ No 3. Service Type MI Certified Mail® O Priority Mail Express'" ❑ Registered O Return Receipt for Merchandise ❑ Insured Mail O Collect on Delivery 4. Restricted Delivery? (Extra Fee) PS Form 3811, July 2013 7004 2890 0003 5709 0963 Domestic Return Receipt O Yes NOTICE DOCKET #2015-92 Pursuant to the liquor laws of the State of Colorado, Fritzler Farms, Inc., 20861 County Road 33, Lasalle, CO 80645, has requested the licensing officials of Weld County, Colorado, to grant a Tavern license for consumption by the drink on the premises only. DATE OF APPLICATION: June 10, 2015 The Board of County Commissioners of Weld County, Colorado, has declared that the neighborhood to be served will be as follows: LEGAL DESCRIPTION: Part of Sections 14, 15, 16, 21, 22, 23, 26, 27, and 28 of Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado The public hearing on said license 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, on August 26, 2015, at 9:00 a.m. 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 you require special accommodations in order to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. Petitions and remonstrances may be filed in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. 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 egesick@co.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: August 7, 2015 PUBLISHED: August 12, 2015, in the Greeley Tribune Affidavit of Publication NOTICE DOCKET #2015-92 Pursuant to the liquor laws of the State of Colorado, Fritzler Farms, Inc., 20861 County Road 33, Lasalle, CO 80645, has re- quested the licensing officials of Weld County. Colorado, to grant a Tavern license for consumption by the drink on the premises only. DATE OF APPLICATION: June 10, 2015 The Board of County Commissioners of Weld County. Colorado, has declared that the neighborhood to be served will be as fol- lows: LEGAL DESCRIPTION: Part of Sections 14, 15. 16, 21, 22, 23, 26. 27, and 28 of Township 4 North, Range 66 West of the 6th P.M., Weld County, Colorado The public hearing on said license will be held in the Chambers of the Board of County Commissioners of Weld County Colo- rado, Weld County Administration Building, 1 150 O Street, As- sembly Room, Greeley, Colorado 80631. on August 26. 2015, at 9:00 a.m. 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 you require special accommodations in order to participate in this hearing, please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. Petitions and remonstrances may be filed in the office of the Clerk to the Board of County Commissioners. Weld County Ad- ministration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail cor- respondence into the case file, please send a copy to egesick@co.weld.co.us. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED: August 7, 2015 The Tribune August 12, 2015 STATE OF COLORADO County of Weld, I Kiara K. Garrett ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twelfth day of August A.D. 2015 and the last publication thereof: in the issue of said newspaper bearing the date of the Twelfth day of August A.D. 2015 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. August 12, 2015 Total Charges: $11.14 12th day of August 2015 My Commission Expires 6/14/17 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 MY COMMISSION EXPIRES JUNE 14, 2017 arx� (2016-- ,28(07 Rafaela Martinez From: Rafaela Martinez Sent: Monday, August 31, 2015 3:09 PM To: Eaton - DOR, Robin Cc: 'Glen Fritzler'; 'Pam Fritzler'; Esther Gesick; Bob Choate Subject: Status of Application for Liquor License - Fritzler Farms, Inc. Attachments: 20152867 Fritzler Farms, Inc - Amended Application Pages to State.pdf Good Afternoon Robin, I hope you are doing well, I know I am certainly looking forward to the three day weekend ahead of us. I am sending you an update on our requested Concurrent Review Applicant, Friztler Farms, Incorporated. Attached you will find our updated resolution (unsigned) that I will send to you as soon as I receive the Expiration date for the License, as well as the Amended Application (Page 1) to reflect that the Applicant has requested permission to change the License type from a Tavern License to a Standalone Optional Premises License. There is also the Report of Investigation that was done by our Chair, Barbara Kirkmeyer. She indicated no concerns along with our Deputy Sheriff, Lisa Carpenter, who reported no concerns as well. No other pages of the Application File have been changed or Amended. Please note, the Weld County Commissioners unanimously voted yes on the Approval of the Optional Premises License. They also noted that it was the best idea for the Fritzlers' at this time. I realize that the Liquor Enforcement Division is very busy and only one application can be considered at a time by any given Agent, but we are formally requesting a Status on this Application. As you know, the Fritzlers Corn Maze is a seasonal operation and they are scheduled to Open for the Season on September 19, 2015. The Applicant would like to be able to utilize their license for as much of their Season as possible. Please let me know if there is anything that I can do to help possibly speed up the process for the Applicant. I am always happy to assist. Thank you Robin, for your time, I hope you have a wonderful rest of your week. Many Blessings, Rafaela .1.Martinez Deputy Clerk to the Board 1150 O Street'P.O. Box 758/Greeley, CO 80632 tel: (970) 336-7215 X5226 1 Rafaela Martinez From: Sent: To: Cc: Subject: Commissioners, Bob Choate Monday, August 31, 2015 8:29 AM Commissioners Bruce Barker; CTB Fritzler Tavern License on Consent Agenda Because you approved a new Tavern License for Glen and Pam Fritzler last Wednesday, the resolution is on your consent agenda today. I am requesting that you pull it and reconsider it on your regular agenda. After discussion with the State liquor licensing division, internal staff, and with the Fritzlers, they have requested to change the class of license from Tavern to Optional Premises License. We were unaware that an Optional Premises License could be a standalone license, but the State liquor licensing division thinks that is the best form of license for the Fritzlers' operation, for a couple of reasons. It can be turned on and off', which helps prevent accidental liquor violations when the corn maze festival is not in operation. Also, there are no food requirements, which would allow them to have a beer garden or wedding event without arranging for food vendors or catering. You have the authority to change the class of license at this point, as the application process and fees are both identical. This is a less intense use, and it fits with the Fritzlers' current operation and future plans. I am happy to present this today and answer your questions. Thanks, Bob Choate Assistant Weld County Attorney 1150 "O" Street; P.O. Box 758 Greeley, Colorado 80632 Tel: 970-336-7235 Fax: 970-352-0242 Email: bchoate@weldgov.com STATEMENT OF CONFIDENTIALITY & DISCLAIMER:The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. If you have received this email in error, please notify us immediately by replying and delete the message. Thank you. 1 Rafaela Martinez From: Sent: To: Subject: Glen, Rafaela Martinez Friday, August 28, 2015 3:47 PM 'Glen Fritzler' RE: Fritzler Liquor License That is perfectly fine. I will go ahead and amend the application to reflect the "Optional Premises" License as opposed to the "Tavern" License. The Fees are the same, so nothing will be changed in terms of that. I will let you know what else we may need, if anything at all. Thank you and have wonderful weekend! Regards, Rafaela .1. Martinez Deputy Clerk to the Board 1150 O Street/P.O. Box 7581 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: Glen Fritzler [mailto:glen@fritzlermaze.com] Sent: Friday, August 28, 2015 3:45 PM To: Rafaela Martinez Cc: Pam Fritzler Subject: Fritzler Liquor License Hi Rafaela, After talking with Bob we have decided to apply for the Optional Premises License. Let us know what else we need to do. Have a FARMtastic Day, 1 Glen Fritzler 970-737-2141 Office 970-396-5050 Cell 970-737-2129 Fax www.FritzlerMaze.com 2 BOARD OF COUNTY COMMISSIONERS PHONE: (970) 336-7204, EXT.4200 FAX: (970) 352-0242 1150 O STREET P.O. BOX 758 GREELEY, COLORADO 80632 August 26, 2015 Fritzler Farms, Inc. Attn: Glen and Pamela Fritzler 20909 County Road 33 La Salle, Colorado 80645 RE: Report of Investigation for Colorado Liquor License Application — Fritzler Farms, Inc. Dear Friztler Farms, Inc.: On August 13, 2015, I traveled to the proposed licensed premises known as Friztler Farms, Inc., located at 20861 County Road 33, La Salle, 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 August 26, 2015, at 9:00 a.m. My inspection revealed the following: 1. The proposed licensed premises is not directly connected to a different licensed premises. Section 12-47-301(3)(a), C.R.S. 2. The diagram of the proposed licensed premises is correct. Section 12-47-309(3), C.R.S. 3. There are six (6) other liquor establishments in the area. There is one (1) Tavern licensed establishment, Don Juan located at 106 2nd Ave, La Salle, CO 80645. There are two (2) Hotel/Restaurant liquor licensed establishments located in the area, the Armadillo, located at 111 S. 1st St, La Salle, CO 80645 and Farmer's Inn, located at 109 3rd Avenue, La Salle, CO 80645. There is one (1) 3.2% beer licensed establishment, the Corner Store #697, operated by CST Metro, LLC, located at 113 N. 2nd St, La Salle, CO 80645. There is also one (1) Club License for the Fraternal Order of Eagles No 3519, located at 601 N. 2nd Street, La Salle, and one (1) Liquor Store License for La Salle Classic Liquors, located at 536 N. 2nd St., La Salle, CO 80645. LC0054 REPORT OF INVESTIGATION - FRITZLER FARMS, INC. 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 3:00 p.m., on August 13, 2015. 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(38), C.R.S. Very truly yours, BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO arbara Kirkmeyer, Chair, Weld County Commissioners cc: Bruce Barker, County Attorney LC0054 7A4,1)6 eo Jut* ativ1/40 oes ru m U- O r'- m O O O O Er ru O 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 Sent• rl_t Qr Favors I,Zc._CI G1¢,��--_ Pam Street, Apt. No.; 1 }-r,1t e or PO Box No. a(R� /1n, ,,,,1. _ Q „ / 33 1(Jt SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: First iv\.) Fo ivt 62 u-. akin, G(Rn and Riomaka�ttil 0Z0909 eouvELd2oael 33 ,L a 5011e„ Lo 80045 - A. Signature X i2 B. Received by (Prin nt ❑ Addressee ed a e) C. Date of Delivery rc D. Is delivery address different from item 1? If YES, enter delivery address below: Yes O No 3. Service Type 21 Certified Mail® O Priority Mail Express" ❑ Registered ❑ Return Receipt for Merchandise O Insured Mail O Collect on Delivery 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) 70014 2890 0003 5709 0932 PS Form 3811, July 2013 Domestic Return Receipt Application Documents Checklist and Worksheet Instructions: This checklist should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. Questions? Visit: www.Colorado.gov/enforcement/liquor for more information Items submitted, please check all appropriate boxes completed or documents submitted I. Applicant I A. B. Applicant/Licensee State information sales tax license identified number listed or applied for at time of application C. License type or other transaction identified D. Return originals to local authority E. Additional information may be required by the local licensing authority II. Diagram of the premises A. No larger than 8 1/2" X 11" B. Dimensions included (does not have to be to scale). Exterior areas should show type of control (fences, walls, entry/exit points, etc.) . Separate diagram for each floor (if multiple levels) D. Kitchen - identified if Hotel and Restaurant N 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 I2( 171/ B. C. Lease Lease in Assignment the name of in the the Applicant name of (or) the (matching Applicant question with proper #2) 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 A. Individual History Records(s) (Form DR 8404-I) A B. Fingerprints taken and submitted to local authority (State Authority for Master File applicants) C. Purchase agreement, stock transfer agreement, and or authorization to transfer license D. List of all notes and loans (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) A. Certificate of Incorporation dated stamped by the Secretary of State 4 B. Certificate of Good Standing C. Certificate of Authorization if foreign corporation v' 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) til A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office) NEJ B. Certificate of Good Standing C. Copy of operating agreement D. Certificate of Authority if foreign company IX. anager registration for hotel and restaurant, tavern licenses when included with this application A. $75.00 fee Ai/ 4 B. Individual History Record (DR 8404-I) ❑ C. If owner is managing, no fee required 2 DR 8404 (04/27/15) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application ❑ New License ' fl New -Concurrent ❑ Transfer of Ownership • All answers must be printed in black ink or typewritten • Applicant must check the appropriate box(es) • Applicant should obtain a copy of the Colorado Liquor and Beer Code: www.colorado.gov/enforcement/liquor • Local License Fee $ 1. Applicant is applying as a/an Individual [r Corporation ❑ Limited Liability Company ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. Applicant If an LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation FA/TZZ__C. F -t. s ./"/C . FEIN Number J9-- Oj 70 7.3 7 2a. Trade Name of Establishment (DBA) f"2I 2 E,Z 0072 -Ai ,Lt,4 State Sales Tax Number /47, -._l]76/O `97a- Business Telephone 7.7-?/—?ei7 3. Address of Premises (specify exact location of premises, include suite/unit numbers) OS'6/ A,C//V ie-0 �.� City / .4 ....c.4( c c County ti' -z State lo ZIP Code 421.26 S 4. Mailing Address (Number and Street) — 6,7`2 �7C v le---- ---:75) City or Town Z-.4-....(-.4GGE State & ZIP Code 6 cam✓ 5. Email Address q/e)4) -, 7124,7/77)a26. ele7/7) 6.-(f the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) /V/A Present State License Number A//A Present Class of License A///t Present Expiration Date '�/A Section A Nonrefundab e Application Fees Section B Cont.) Liquor License Fees d Application Fee for New License $ 600.00 ill Application Fee for New License w/Concurrent Review $ 700.00 ■ 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 0 Master File Location Fee $ 25.00 X Total Section B Liquor License Fees • Add Optional Premises to H & R $100.00 X Total 0 Master File Background $250.00 X Total 0 Add Related Facility to Resort Complex $ 75.00 X Total 0 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 r ' Tavern License (City) $500.00 Li 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) $308.75Pa 0 Beer and Wine License (City) $351.25 0 Beer and Wine License (County) $436.25 0 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 w/one opt premises(County) $600.00 Questions? Visit: www.colorado.gov/enforcement/liquorfor more information Do not write in this space - For Department of Revenue use only Liability Information License Account Number Liability Date License Issued Through (Expiration Date) Total $ 1 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? If you answered yes to 8a, b or c, explain in detail on a separate sheet. ■ 2 • r2 • U 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 law, or the principal campus of any college, university or seminary? Waiver Other: of Colorado by local ordinance? • or ■ ■ 11. Has a liquor or beer license ever been issued to the Limited Liability Company; or officers, stockholders current financial interest in said business including applicant (including any of the partners, if a partnership; members or manager if a or directors if a corporation)? If yes, identify the name of the business and list any any loans to or from a licensee. • El 12. Does the Applicant, as listed on line 2 of this application, arrangement? / have legal possession of the premises by virtue of ownership, lease or other Detail) g ■ • Ownership LJ 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 7=7— e2 — &.�kv.4.::,_v r c:=-7Lc—cow F•2 --f-//-2--1. c— Tenant FY/i2tc",<.: .4./'/- 5 ini� Expires / —/—/6 b. Is a percentage of alcohol sales included as compensation to the landlord? If yes complete question 13. ■ u 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 /1 //I First Name Date of Birth FEIN or SSN Interest/Percentage 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? Number of additional Optional Premise areas requested. (See license fee chart) E ill d 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? (b) Is the applicant organization a regularly chartered branch, lodge or chapter of a national organization which is operated solely for the object of a patriotic or fraternal organization or society, but not for pecuniary gain? (c) How long has the club been incorporated? (d) Has applicant occupied an establishment for three years (three years required) that was operated solely for the reasons stated above? • • 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 • --�f ,4/-� First Name of Manager i./ -- -.. _- f/ 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. . Er 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 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 0. If applicant is a corporation, partnership, association or limited liability company, applicant must list all Officers, Directors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, or members with ownership of 10% or more in the Applicant. All persons listed below must also attach form DR 8404-I (Individual History Record), and submit fingerprint cards to the local licensing authority. Name Home Address City & State DOB Position %Owned Name Afr2Cl/-1 ,.-.4e--77-2-,<.,._,5'9c-,9 Home Address, City & State 6".c--..,-..-, ..e.-_.�� DOB Position % Owned Name Home Address, City & State DOB Position % Owned Name Home Address, City & State DOB Position % Owned Name Home Address, City & State DOB Position % Owned ** If Applicant is owned 100% by a parent company, please list the designated principal officer on question #20 ** Corporations - The President, Vice -President, Secretary and Treasurer must be accounted for on question #20 (Include ownership percentage if applicable) ** If total ownership percentage disclosed here does not total 100%, applicant must check this box: [Applicant affirms that no individual other than these disclosed herein, owns 10% or more of the applicant, and does not have ownership in a prohibited liquor license pursuant to Title 47 or 48, C.R.S. Oath Of Applicant I declare under penalty of perjury in the second degree that this application and all attachments are true, correct, and complete to the best of my knowledge. I also acknowledge that it is my responsibility and the responsibility of my agents and employees to comply with the provisions of the Colorado Liquor or Beer Code which affect my license. Aut oriz d Signature �,� A_ Printed Name and Title �iPVv -g�c, laI-N Pceg(Jevv-' Date G/0-/5 Report and Approval of Local Licensing Authority (City/County) Date ap lication filed with local authority U.iIQ f� co s' Date of local authority hearing (for new license applicants; cannot be less than 30 days from date of application 12-47-311 (1) C.R.S.) ?/, .20Ic The Local Been 'l Been That the compliance (Check One) 'El Date 8404 (Individual Licensing Authority Hereby Affirms that each person required to file DR 8404 (Individual History Record) has: fingerprinted subject to background investigation, including NCIC/CCIC check for outstanding warrants local authority has conducted, or intends to conduct, an inspection of the proposed premises to ensure that the applicant is in with, and aware of, liquor code provisions affecting their class of license of inspection or anticipated date C I3/ 6,01S' inspection upon approval of sta a licensing authority • Will conduct The foregoing application has been examined; and the premises, business to be conducted, and character of the applicant are satisfactory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the adult inhabitants, and will comply with the provisions of Title 12, Article 46 or 47, C.R.S. Therefore, this application is approved. Local Licensing Authority for Weld County Board of Commissioners Telephone Number (970) 336-7215 • Town, City aCounty Signatur? `it..,_61._ , 7Barbara Print Kirkmeyer Title Chair Date 8-31-1 (attesJ ` + / • , :. not Title ARAO, ltirP,- a -th e,Z5oni_ Date %s 4 Fritzler Farms, Inc. 20909 County Road 33 LaSalle, CO 80645 970-737-2141 www.Fritzlermaze.com Colorado Department of Revenue Liquor Enforcement Division August 12, 2015 To Whom it May Concern: We are in the process of securing a liquor license for our seasonal business slated to open September 19t" for the 2015 season. We have a hearing with the Weld County Board of Commissioners on August 26, 2015. We would like to request that the Colorado Liquor Enforcement Division review our information and concurrently approve our application to expedite the process. If you have any questions, please call me at the number listed above. Thank you, SINN - Glen Fritzler President Fritzler Farms, Inc. 20909 County Road 33 LaSalle, CO 80645 970-737-2141 www.Fritzlermaze.com Profit and gross proceed distribution: Fritzler Farms, Inc. is a Colorado for-profit corporation comprised of a 300 acre family farm. The principals in the corporation include Glen Fritzler, President and Pamela Fritzler Director. The farm produces sweet corn, grain and silage corn as well as onions and carrots. Each fall from mid -September through the first weekend in November, the farm opens a fall agricultural based entertainment business, Fritzler Corn Maze. Glen and Pamela Fritzler receive compensation from the farm and maze through a monthly salary and possible dividends. Profits from the operation of the farm, maze and any subsequent activities remain in Fritzler Farms, Inc. C� American AgCredit O Association No. J43 -1O NOTE AND LOAN AGREEMENT (Subsequently called the "Note" or "Loan Agreement") LOAN TENNIS Loan No. 2605630 Date August 13, 2013 Fritzler Farms, Inc. For value received, the undersigned ("Borrower" whether one or more) jointly and, severally, promise to pay "1'O THE ORDER OF American AgCredit:PC4 ("Lender"), at Lender's offices, the principal sum of Five hundred fifty thousand dollars and no cents dollars ( $550,000.00 ), or whatever sum may be outstanding, as follows: ❑ RENEWAL OF EXISTING INDEBTEDNESS. If checked, of the above amount, is a renewal of an existing indebtedness owing to Lender. This Note is executed and accepted as a renewal and restatement of, and amendment to, and not in payment or satisfaction of the following promissory note(s) executed by Borrower and payable to Lender: Date: Face Amount: Maturity: If checked, this Note amends and restates a note dated 03/11/2013 . N ❑ N EXPIRATION DATE. Any Undisbursed portion of this commitment shall expire on March 1, 2016 provided that Lender may, at its sole option, extend the expiration date. TERM DATE. (term loans only) The term of this loan will be from until ON DEMAND, and if no demand, then on or before expiration or ending term March 1, 2016 . TYPE OF LOAN ❑ Operating Loan Commitment ❑ Operating Loan Commitment with maximum outstanding balance of REPAYMENT WILL BE AS FOLLOWS: N Revolving Line of Credit Loan Term Loan Other AU income from Borrower, proceeds from accounts receivable, the sale of' all collateral including, but not limited to crops, growing crops, and inventory; and any remaining balance of principal and interest will mature, become fully due and payable, and shall be repaid no later than the later of the expiration date or ending term date as noted above. ❑ REINVESTMENT FEE REQUIRED FOR PREPAYMENT. if checked, Borrower agrees to pay a reinvestment fee as defined in the attached Prepayment Addendum. INTEREST SHALL BE PAYABLE AS FOLLOWS: ❑ With each repayment ❑ At or on expiration date ❑ Annually from Date N Other Quarterly the 1st of each Mardi, June, September and December DIFFERENTIAL VARIABLE RATE The beginning variable rate in effect on execution of this Loan Agreement is 5.00000 %. Lender has the right, from time to time, to establish different rates of interest, either higher or lower than that stated above. The new rates shall apply to the unmatured principal and shall remain in effect until different rates are established by Lender. SECURITY ❑ UNSECURED. If checked, this Loan Agreement is not secured and the provisions of this Loan Agreement which relate to Lender's rights in collateral are not applicable other than with regard to lender's STOCK and ADDITIONAL COLLATERAL provisions. N SECURED. This Note and Loan Agreement is secured by a Mortgage(s) or Deed of Trust(s) dated 4/6/2010, as modified or amended and/or Security Agreement(s) dated 3/11/2013 . All Collateral described in all security agreements, mortgages, and deeds of trust executed by any Borrower in favor of Lender, whether now or existing or hereafter entered into. El LATE PAYMENT PENALTY. If checked, borrower agrees to pay a late payment penalty of 5.00% above billing rate on installments not paid in full within ten (10) days of scheduled payment date and continuing until loan is brought current on ail payments of: (1) principal and interest not paid when due; and (2) other payments including insurance, taxes, etc. not paid when due if Lender advances to make the payments. Form 8671 R05/2010 Page 1 of 5 STANDARD PROVISIONS BORROWER OBLIGATIONS AND AGREEMENTS: While this loan agreement is in effect Borrower will: (1) at Lender's request, furnish information to Lender relating to Borrower's business and financial affairs and permit Lender to examine Borrower's books and records; (2) maintain all other loans with Lender in a current status; (3) allow Lender to inspect and appraise Lender's collateral; (4) utilize loan proceeds for the stated purpose; (5) promptly notify Lender of any potential material adverse change in financial condition or any possible default under this or any other loan agreement with this Lender or with any other lender; (6) execute all other documents as Lender may lawfully require in connection with this loan; (7) comply with all terms and conditions of all other documents executed in connection with this loan; (8) at Lender's request, submit an annual verifiable balance sheet and income statement as of Borrower's fiscal year end. (9) treat the full amount of any distributions made to Borrowers by Lender with respect to Borrower patronage, which arc made in written notices of allocation (as defined in 26 USC 1338), which Borrower receives, as income received in the year in which such written notices of allocation are received at their stated dollar amounts in the manner provided in 26 USC 1385(a). ADDITIONAL COLLATERAL. Lender may request additional collateral for this loan from time to time in accordance with applicable Federal law, including, without limitation, requests for a security interest in Lender's "Installment Fund" and "Reserve Fund" programs. Borrower agrees to deliver additional collateral as Lender may, in good faith, request. S'T'OCK Purchase, Lien and Conversion. Stock purchase and conversion shall be according to the terms, conditions and designations outlined in applicable federal law governing the Farm Credit System, regulations of the Farm Credit Administration and Lender's bylaws. Borrower acknowledges: (1) that the principal sum of this Note includes any sums borrowed to purchase the maximum amount of stock; (2) Lender has a first lien on Borrower's stock; and, (3) that stock retirement wilt be in accordance with applicable law, regulations and Lender's bylaws governing retirement. Default. In the event of default on this loan, Borrower agrees that Lender may retire stock, not to exceed par value or face amount, together with any applicable dividends, earnings, patronage refunds or their equivalent, and apply the proceeds to principal and/or interest according to applicable law, regulations and Lender's bylaws in effect at the time of retirement. Investment. Federal law requires you to purchase stock in your association when you obtain a loan. Voting stock is purchased by farmers, ranchers and agribusinesses eligible to borrow from your association. Non -voting stock is held by certain farm -related businesses and rural home owners, Holders of non -voting stock do not have general voting rights and are not eligible to serve on the board of directors. In all other respects, voting and non -voting stock carry the same rights and privileges. Stock purchased on or after October 6, 1988, is at risk and is not protected. Stock is not a compensating balance. Association boards of directors are authorized to retire at -risk stock on loan repayment if the board determines those funds are not necessary to meet the capital requirements of the association. Your Farm Credit institution currently meets the minimum capital requirements necessary to retire stock and knows of no reason why it won't meet those requirements in the future. DISCLOSURE CONSENT. By signing, Borrower agrees that Lender may disclose financial information to any consumer reporting agency and/or other Farm Credit System institutions. The association may verify all information Borrower discloses; it may also check credit, financial, employment, and income records of the Borrower, and if either a partnership or joint venture of its members, and of each guarantor; the association may also answer inquiries about its credit experience with the Borrower. DEFAULT. Borrower is in default of this Note under the following circumstances: (1) Borrower fails to repay principal or interest as set forth in this Note; (2) breach of or default in the observance or performance of any covenant, term, representation, or agreement in connection with the loan represented by this agreement or in connection with any loan agreement, note or instrument now existing, or hereafter executed by Borrower in favor of this Lender or any other lender; (3) if any of Borrower's representations to this, or any other, lender in connection with any loan prove to be materially false; (4) Lender determines, in its sole discretion, that Borrower is unable to repay the indebtedness or Lender otherwise deems itself insecure; (5) Borrower fails to use loan proceeds for the stated purpose; (6) if, solely in Lender's judgment, Borrower has experienced a material adverse change in financial condition; (7) death, dissolution, termination of existence, insolvency, business failure, petition for or appointment of a receiver, assignment for the benefit of creditors by, or commencement of any proceeding under any bankruptcy or insolvency law by or against Borrower, or any guarantor, endorser, or surety for Borrower. Remedies. In the event of default on this loan, Borrower agrees the Lender may, in Lender's sole discretion, apply from time to time, any funds in Lender's Installment Fund and Reserve Fund to any matured indebtedness of Borrower, to be applied first to unpaid interest and then to unpaid principal. On default and acceleration, Lender may exercise all legal rights and remedies including, but not limited to, rights and remedies stated in mortgages and security agreements. Exercise of any right or remedy shall not exclude exercise of any other right or remedy. The mortgage, deed of trust or security agreement provides that advances made by Lender shall become a part of the debt evidenced by this Note, and also states additional conditions under which the entire debt may be accelerated and become immediately due and will be subject to interest and default interest. Default Interest and Acceleration. In the event of default the interest rate shall be 5% above the then existing billing rate. On Borrower's default, and at Lender's option, all unpaid principal, including amounts advanced for taxes, insurance, etc., interest and default interest, shall become immediately due and payable without notice or demand by Lender. Lender may continue to charge interest, and default interest, on the accelerated amount. Waiver. Any delay or omission by Lender in exercising a right or remedy shall not waive that right or remedy or any other right or remedy. Any explicit waiver of default by Lender must be in writing and signed by Lender. No waiver of default by Lender shall operate as a waiver of any other default or of the same default on a future occasion. LEGAL FEES. If this loan is placed in the hands of an attorney for collection or to protect or enforce any of Lender's rights in bankruptcy or otherwise, Lender may collect its attorney fees, court costs and other expenses as provided by applicable law. If allowed by law, all of these expenditures by Lender shall be secured by security for this loan and shall become principal under this loan. These expenses shall be immediately payable and shall bear interest as provided in the INTEREST RATE paragraph of this Note. Lender shall solely determine the propriety of paying these expenses and Borrower shall have no action against Lender for payment under this paragraph. EVIDENCE. Lender's records shall be prima facie evidence of the balance owing Lender and Borrower shall bear the burden of showing any fault or error. WAIVER OF DEMAND. Borrower, and any endorser, surety or guarantor of this Note, severally waive presentment for payment, demand, notice of nonpayment, protest and notice of protest, and diligence in enforcing payment of this Note. WAIVER OF JURY TRIAL. Borrower, and any endorser, surety or guarantor of this Note, waive all rights to a jury trial. RELEASE AND EXTENSION. Borrower, and any endorser, surety or guarantor of this Note, severally agree that Lender may at any time, without notice, release all or any pad of the security for this Note (including all or any part of the premises covered by the referenced mortgage or deed of trust); grant extensions, deferments, renewals or reamortizations of any part of the debt evidenced by this Note, and release from personal liability any one or inure of the parties who are or may become liable for this debt; all without affecting the personal liability of any other patty. Form 8671 R05/2010 Page 2 of S SAVINGS CLAUSE. If any provisions of this Note are found to be invalid or unenforceable, they shall no longer be considered to be a part of this Note. The remaining provisions shall be valid and enforceable. AGENCY APPOINTMENT. Each Borrower appoints every other Borrower as his or her agent for purposes of the obligations of this loan. Borrower acknowledges that Lender may conduct transactions with any borrower as if it -were conducting transactions with all borrowers. This authority shall continue until Borrower revokes or terminates it by giving written notice to Lender. INCORPORATION BY REFERENCE. This Note includes all amendments, supplements and modifications to it, and also incorporates by reference the terms of all assignments, instruments, documents, other writings or written agreements between Borrower and Lender, including without limitation, applications, loan commitments, notes and security documents. MERGER. This Note supersedes all prior oral negotiations, representations, and promises which are merged into this writing. This Note, and any amendments, modifications or extensions to it, constitutes the entire agreement between Borrower and Lender. BORROWER'S GUARANTEES. By signing, Borrower warrants that Borrower has legal authority to enter into this transaction, that the terms and conditions of this contract do not contravene the terms and conditions of any other contracts) of the Borrower, that Borrower's representations in connection with this loan are true and accurate, and that Borrower is not involved in, or has any expectations of involvement in, any legal action that might impair Borrower's financial condition or ability to continue business. CAPTIONS. Captions used in this Note are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope or intent of any term or provision. APPLICABLE LAW. Enforcement of this Note and the Mortgage, Deed of Trust and/or Security Agreement shall be governed by federal laws to the extent applicable, and shall otherwise be governed by the laws of the state in which the Lender's principal office is located. PARTIES BOUND. Each person signing this Note is a Borrower and the obligations and covenants of all borrowers under this note are joint and several unless otherwise noted. This note is binding on all parties and their respective heirs, personal representatives, successors and assigns. El SPECIAL CONDITIONS. If checked, in addition to the STANDARD PROVISIONS Borrower agrees to the following special conditions: Provided that Borrower agrees and understands that the total collateral margin shall be maintained at or above 50% during the loan period. Lender reserves the right to use Lender commodity prices for determining the margin. Provided that Borrower agrees to provide complete balance sheets and income statements on Fritzler Farms, Inc.; Glen Fritzler and Pam Fritzler by 2/10 annually. This information is to include: • Current balance sheet for both Fritzler Farms, Inc. as well as Glen Fritzler and Pam Fritzler • Calendar year income statement for Fritzler Farms, Inc. as well as their most recent tax return • Prior year tax return for Glen Fritzler and Pam Fritzler Financial covenants for this multiyear BLOC will be computed annually from the annual (12/31) financial information (including a balance skeet and income statement). Based on these statements; • Owner Equity shall be no less than 65%, as calculated by Lender • Current Ratio shall be no less than 1.4:1, as calculated by Lender • Operating loss shall be no greater than 5% of net worth in one year • There shall not be two (2) consecutive years of operating losses All costs including, but not limited to filing fees, lien search fees, title insurance, and entity eligibility fees will be the responsibility of the Borrower. Provided the loan commitment is reduced to the original loan amount of $420,000.00 on December 1, 2013. Non-compliance with any condition, loan can be considered in default and may include termination of disbursements, demand for payment, or change of maturity. Borrower acknowledges that Lender is extending this credit relying on Borrower's current financial condition; and that accordingly, if Borrower's financial condition materially deteriorates, in the sole opinion of the Lender, or if Borrower fails to pay its bills to third parties as they become due, Lender, at its option, can also declare this loan in default. DISBURSEMENTS. At Borrower's request, Lender shall make continuing disbursements on this loan until the expiration date, or until the commitment is totally disbursed or until a circumstance occurs which allows Lender to limit or withhold farther disbursements. If this loan is a Revolving Line of Credit, it is reinstatable and, to the extent principal payments are made on this loan from time to time, they shall reinstate Borrower's right to further disburse on this loan. If this is an operating loan commitment with a Maximum Outstanding Balance, then this note has a Maximum Outstanding Balance provision that is less than the face amount of this Note. Limitations on Disbursements. Lender may limit or withhold disbursements under the following circumstances: (I) if Lender, in its sole judgment, determines that the amount of the outstanding indebtedness plus the requested disbursement exceeds the net realizable value of the collateral given for this loan; (2) if Borrower is in default under this, or any other, agreement with this Lender or with any other lender; (3) if Borrower fails to provide additional collateral on Lender's request; (4) if the requested disbursement, together with the current unpaid principal balance, exceeds the commitment amount, the Note amount, or, if applicable, the stated Maximum Outstanding Balance; (5) if Lender's funding source is unavailable. COMPOUNDING AT MATURITY. If all or any part or installment of the indebtedness hereunder is not paid when due, whether such amount becomes due by reason of expiration of the scheduled due date, or acceleration, then, at Lender's option, to the extent permitted by applicable law, all unpaid accrued interest shall be added to the outstanding principal balance, and thereafter, the outstanding past due principal balance, including compounded interest, if any, shall continue to bear interest at the then applicable interest rate. Form 8671 805/2010 Page 3 of 5 By ACKNOWLEDGMENT Borrower acknowledges receiving the following documents prior to closing: 1. Annual Report and Quarterly Report, if newer than the Annual Report. 2. Capitalization By-laws. 3. Effective Interest Rate or Annual Percentage Rate Disclosure. This WRITTEN CREDIT AGREEMENT IS THE FINAL EXPRESSION OF THE AGREEMENT BETWEEN BORROWER AND LENDER AND MAY NOT BE CONTRADIC lED BY EVIDENCE OF ANY PRIOR OR CONTEMPORANEOUS ORAL CREDIT AGREEMENT BETWEEN THE BORROWER AND THE LENDER. THE PARTIES AFFIRM THAT NO UNWRITTEN ORAL CREDIT AGREEMENT EXISTS BETWEEN THEM. I agree to the terms of the Note and acknowledge receiving a copy. American AgCredit, PEA 4505 29th Street Greeley, CO 80634 (Lender must sign if Borrower or security is iii Kansas) Fritzler Farms, Inc., a Colorado corporation ellgteLlmei Glen Fritzler, President Form 8671 805/2010 Page 4 of 5 EFFECTIVE INTEREST RATE DISCLOSURE 2605630 / Fritzler Farms, Inc. The following disclosures are made pursuant to the requirements of Section 4.13 of the Farm Credit Act of 1971 as amended by the Agricultural Credit Act of 1987 (12 U.S.C. 2199). • This loan is NOT subject to the Truth in Lending Act, 15 U.S.C. 1601, et seq., and the effective interest rate shown below should not be interpreted as the equivalent of an annual percentage rate under 'truth in Lending standards. STATED INTEREST RATE The rate of interest currently applicable to your loan. 5.00% Loan Origination Charges: Application Fee Origination Fee Conversion Fee Appraisal Fee EFFECTIVE INTEREST RATE The stated rate of interest adjusted to take into account the purchase of stock and loan origination charges. 5.00% Rate Lock/Commitment Fee Discount Fee Other (Specify) Stock Purchased STOCK: Any stock required to be purchased as a condition to obtaining the loan is an at risk investment and such stock may only be retired at the discretion of Lender's board. This is a VARIABLE INTEREST RATE LOAN. During (he term of this loan, the stated rate of interest is subject to change at any time and by any amount. In the event of default, the Ioan may be subject to a higher rate of interest. In adjusting variable rate, certain standard adjustment factors arc taken into consideration; the cost of funds to the lender, provision for loan losses, operating expenses, retained earning requirements, rate of stock purchase. required and the competitive aspects of the financial environment. These factors may change during the life of the loan. Should the change be due to factors other than these standard factors, you will be advised of the special factors causing the change. LOAN OPTIONS: The Lender may offer secured and unsecured bans with maturities up to 40 years. Installments can be paid monthly, quarterly, semi-annually, or according to other irregular repayment plans as may be agreed upon by the Borrowers and the Lender. BORROWER RIGHTS If the Borrower is a fanner or rancher and the loan is for any agricultural purpose or other credit needs, including financing for basic processing and marketing directly related to the Borrower's operations, the loan is subject to certain Borrower's rights pursuant to the Farm Credit Act of 1971, as outlined below; Review of Interest Rate: Except for fixed rate loans, a Borrower, on request, may obtain a review of the loan by the loan officer to determine if the proper interest rate has been assigned, receive a written explanation of the basis for the interest rate charged and receive a written explanation of how the Borrower's credit status may be improved in order to receive a lower rate. Access to Documents: Borrowers are entitled to receive copies of any document signed or furnished by them, as well as any appraisal of the Borrower's assets made or used by the Lender. Restructuring Application and Notice of Action on Application: The Lender may not commence loan foreclosure unless at least 45 days before such commencement, Lender has provided Borrower with a copy of its restructuring policy and forms on which Borrower may submit a request for loan restructure. The Lender shall provide prompt written notice of action taken on loan and restructure applications, including notice of a right to review if the loan or restructure application is denied or if the loan application is reduced. A copy of Lender's Loan Restructuring Policy is available on request. Borrowers Who Meet Loan Obligations: Lender may not foreclose on any loan solely because of Borrower's failure to post additional collateral, if Borrower has made all accrued payments of principal, interest and penalties. Lender may not require reduction of the principal balance by any amount exceeding a regularly scheduled principal installment, when due, unless the Borrower sells or disposes of part or all of the collateral and the proceeds are not applied to the loan, or the Borrower and l..ender agree otherwise in writing. If Borrower pays all accrued payments, including penalties, Lender may not enforce acceleration of the loan based solely on Borrower's prior untimely payments. Lender may not require a Borrower who has pledged agricultural property to waive any state mediation rights_ Right of First Refusal: Agricultural real estate acquired by the Lender cannot be sold or leased by the Lender until it first notifies the previous owner of the right to purchase or lease the property at the appraised fair market value or fair rental value as the case may be. If the Lender first elects to sell by public auction or other competitive bidding process, it must first notify the previous owner of the availability of the property and disclose the minimum amount, if any, required to qualify a bid as acceptable to the Lender. Form 8671 R05/2010 Page 5 of 5 Document processing fee If document is filed on paper If document is filed electronically Fees & forms/cover sheets are subject to change. To file electronically, access instructions for this form/cover sheet and other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. Paper documents must be typewritten or machine printed. McitRied $125.00 $ 25.00 Colorado Secretary of State Date and Time: 06/06/2007 09:46 AM Id Number: 19871464627 Document number: 20071267423 ABOVE SPACE FOR OFFICE USE ONLY Articles of Amendment filed pursuant to §7-90-301, et seq. and §7-110-106 of the Colorado Revised Statutes (C.R.S.) ID number: 19871464627 1. Entity name: K G F, INC. Of changing the name of the corporation, indicate name BEFORE the name change) 2. New Entity name: (if applicable) 3. Use of Restricted Words of any of these terms are contained in an entity name, true name of an entity, trade name or trademark stated in this document, mark the applicable box): 4. Other amendments, if any, are attached. Fritzler Farms, Inc. "bank" or "trust" or any derivative thereof "credit union" ❑ "savings and loan" "insurance", "casualty", "mutual", or "surety" 5. If the amendment provides for an exchange, reclassification or cancellation of issued shares, the attachment states the provisions for implementing the amendment. 6. If the corporation's period of duration as amended is less than perpetual, state the date on which the period of duration expires: OR (mm/dd/yyyy) If the corporation's period of duration as amended is perpetual, mark this box: 7. (Optional) Delayed effective date: Notice: (mm/dd/yyyy) 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. AMD_PC Page 1 of 2 Rev. 11/15/2005 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. 8. Name(s) and address(es) of the individual(s) causing the document to be delivered for filing: Waldo Robert M. Esq. (Last) (First) (Middle) (Suffix) 2314 17th Street, Ste B (Street name and number or Post Office information) Greeley CO 80634 (City) (State) (Postal/Zip Code) United States (Province - if applicable) (Country - if not US) (The document need not state the true name and address of more than one individual. However, if you wish to state the name and address of any additional individuals causing the document to be delivered for filing, mark this box ❑ and include an attachment stating the name and address of such individuals.) Disclaimer: This form, and any related instructions, are not intended to provide legal, business or tax advice, and are offered as a public service without representation or warranty. While this form is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form. Questions should be addressed to the user's attorney. AMD_PC Page 2 of 2 Rev. 11/15/2005 • >rna ii•-• t al ISI CO 1 in (Dct LLI -J J LL J • • C, Sc Oa W D • -00 W E • a .4_ .. • a ScC 3 Cl. O a i O O Sc C in a) a) Sc 4.. 4- o • a O -a c c • - o is 4- a) ..r Sc ao in c O O V o s o I- Q. • I I ( i I 1 • ..1:1 ,1 f I CLES . ll• I %CORPIritA I ION OF K c; l INC, K\►li AU. Mh:N H1 I'NF.MF: PRKSFSI FI1ED _r r. Or STA 611 no: I'hnt the •Inlerslgned incorporator, being a natural person al the ago of eighteen (1$) years or more, and desiring to for n corporation under the laws of the State of Colorado, does hereby sign, •erify and deliver in duplicate to the Secretary of State of tht► State of Colorado these ARTICLES OF INCORPORA- 1IOV. NAME The name of the corporation shall ht K G F, INC., a Colo- rado Corporntion. ARTICLE II PERIOD OF DURATION This corporation shall exls,, perpetually unless dissol.ed according to law. ARTTCLR III t RNOSE The purpose for which this corporation is organised is to transact any lawful business or bust for which corporations sty be incorporated pursuant t' the Colorado Corporation Code. tRfILLE IV CAPITAL The aggregate number of shares which this corporation shall have the authority to issue is twenty thousand (20 000) shares, with a par value of One Hundred Dollars (11100.00) per share, which shares shall be decignsted common stuck. No share shall be issued until it has been paid for, and it shall thore- after be nonassessahie. ARTICLE V PRF:rMPTI:E RIGWTS A shareholder e,f the corporation shall be entitled to a preemptive right to purchase, subscribe for, otherwise acquire any unissued or tronsury shamus of stock of the corporation, or any options or warrants to purchase, subscribe for or otherwise acquire Any couch unissued or treasury r.hnrea, or any shares, is i hu►td, ittp4 c1eltt�rif ttt'vy, or otlit ►" 1/4erurit Ies r1►,t.crtiitic Into of c ,irr� iut', •)Itt Ictrl Pr Mrit•r,tuts t purchn�e, •albs:rihe for or n i itc'rw l.t• ,tcclts i ry it'ty ttc"It tin i Mr1tcv rl or trenm tiry ylt,trE.�. Aw'r Ici,F; VI c't �n►I,Af1VF; 10TINa; rlu' •Is'trehu i clvrs Ii;, l i not he entitled to cumulative Noting. ARF1CI,E VII sit, 40; TRANSFER RESTRICTIONS TIONS the carpe •ntion shall have the right to impose rest, i - tinns upon the trrtrta i 1r- of any of its authorized shar c interePt therein. eR or any ARTICLE VIII UF(; I,STEI1FJ) OFFICE AND AGENT The initial registered office of the corporation shall he tit 14639 Wold County Road #42, LaSalle, Colorado 8064 the name of the initial registered agent at such address is and Prits l er. Either the _ sgi stered office or the registered a Glen may he changed in the manner provided by law, g eyed agent ARTICLE AX I \ I rIAI. BOARD OF DIRECTORS The initial board of directors of the corporation shall consist of three (3) directors, and the names and addresses the persons who shall serve as directors until the first of meeting of shareholders or until their successors are electedu and shall qualify are as follows: Glen Firitzler 14639 Weld Count v Road #42 LaSalle, Colorado 80645 Kim S. Fritt ler 14639 Weld County Road #42 LaSalle, Colorado 8(1645 Don Mitchell 1g336 Weld Count• - Road #251/2 Platteville, Colorado 80651 A RTICLE X INDE• fIFICATIO,N The corporation may: (A) In decor t ry any per' ,,n who was or is a t is threatened to WI made is r.rt ) to any threatened, perty zg or' compi tod action, suit, or proceeding. whether civil, cgfmlral administrative, or invest ig;t. ive (other than an ac i.i•,a by or ' in the r i r;ht r► t the c 41? int .► t i on) , hy reo on of the fact that tic is or was fr director, ()Ulcer, lcer, employee, or agent of the cor- p,irfatl on or i u or was .`ery i r►R at the reci►test of the corporation as o director, officer, employee, or agent of another corpora- tion, partnership joint venture, trust, or other ' fees enterprise, arts tnst expenses (including attorneys' sp , arts; amo►t►ttrt ) ►ttdR'ments, fines, paid in settlement emernt oc tua l l v and reasonably incurred by him in connection with such ectiun, suit, or proceeding, if he acted in good faith and in a manner he re nconab 6 to he in the best interest of the corporett io t and !with believed to any criminal action ort respect to believe his conduct Was pun unlawful. I � � had ir reasonable cause action. suit, or tc�rmination of any proceeding by ,jttd ,ment, order, settlement, or conviction or upon a plea of noto contendere or its equivalent shall not of itself create a presumption that the person did not act in good faith and in a manner which he reasonably be- lieved to b‘ in the best interest of the corporation and, with respect to any criminal action or proceeding, had reasonable cause to believe his conduct was unlawful. (Ii) The corporation may indemnify any person who was or is a pnty or is threatened to be made a party to any threatened, pending, or completed action or suit by or in the right of the corporation to procure a judgment in its favor by reason of the fnct that he is or was a director, officer, employee, or agent of the corporation or is or was serving at tt'e request of the corporation as a director, officer, employee, or agent of another corporation, partnership, joint venture, trust or other enter- prise against expenses (including attorneys' fees) actual') and reasonably incurred by him in connection with the defense or settlement of such action or suit if he acted in good faith and In a m -inner hc, reasonably believed to be in the best interest of the corporation; but no indemnification shall be made in respect of any claim, issue, or matter as to which such person has been adjtdged dged to be liable for negligence or misconduct in the pert ormar eo of his duty to the corporation unless and only to the extent that the court in which such action or suit was brouxht determines upon app! ' cat ion that, despite the adjudica- tion of liability, but in view of all circumstances of the case, such person is fairly r.i, reasonably entitled to indemnification for such expenses which such court deems proper. (C) To the extent flat a director, officer, employee, or agent of a corporation has been successful on the merits in defenir, of any action, suit, or proceeding referred to in (A) or (F3) of this Article X or in defense of any claim, issue, or matter therein, he shall be indemnified against expense,; (i n- clua:ng attorneys' fees) actually and reasonably lancurred by him in connection therewith, (D) Any indemnification under (A) or (B) of this Article X (unless ordered by a court) and as distinguished from (C) of this Article shall be made by the corporation only as authorised in the specific case upon a determination that indemnification1 of Cie director, officer, employee, or agent is proper in the circumstances because he his met the applicable standard of conduct set forth in (A) or (B) above. Sur!h determination chart be made by the board of directors by a majority vote of fi quuriln co.4)- i t iii; ')( directorwho were not parties to such action, suit, or 1roc eer! ing, o; , if such a quorum ix not ob- tainable or, e♦err if 'ibtainuhle, if a quorum of disinterested direct H so directs, 1: independent legal counsel in a written opinit,n, or by the shareholders. (E) Expenses (including attorneys' fees) incurred in defending a civil or criminal action, suit. or proceeding nay be paid by the corporation in advance of the f in.n1 disposit io► of such action, suit, or proceeding as authorized in (C) or (D) of this Article X upon receipt of an undertaking by or or behalf of the director, officer, employee, or agent to repay such amount unless .; is ultimately determined that he is en- titled to be indemnified by the corporation as authorized in this Article X. (F) The iadefrr, i t icat ion provided by this Article X shall not be deemed exc 1 us i . e of any other rights to which those in- demnified may be eat it lvd under any bylaw, agreement, vote of shareholders or disinterested directors, or otherwise, and any procedure provided for by any of the i orego ing, both as to action in : i z official capacity and as to action in annt h tr capacity while fielding such office, and shall continue as to " person who has ceased to be a director, officer, employee, or agent and shall inure to the benefit of heirs, e-:ecutors , and administrators of such a person. (G) The corporation may pui enase and maintain insuran'e on behalf of any person who is or was a director, officer. em- ployee or agent of the corpcent i or who is or was serving at the request of the corporation ns a director, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise against any liability asserted agnnst him and incurred by him in any such capacity or aris- ink, out of him status nc such, whether or not the corporation we,uld have the power to inde .ni fy him against such liability Ider provisions of this Ar' isle X. AIrfICLE XI TRANSACTIONS WITH INTERESTED DIRECTORS No contract or other tra section between the corporation and one (t) or more if its directors or any other corporation, .°irm, association, or entity in which one (1) or more of its directors are directors or )(Juicers or are financially interes- ted shall be ether void or voidable solely because of such relationship or interest, of solely because such directors are present at the meeting of tie board of directors or a committee thereof which authorizes, /Approves, or ratifies such contract or transaction, or .,.._eiy because their votes are counted for such purpose if. (A) The fact of such relationship or interest is dis- closed or known to the hoard of directors or committee which authorizes, approves, or ratifies the contract or transaction by a vote or consent sufficient for the purpcse without count - inn, the votes or consents of such intereste . directors; -.7- (I') The i oct of ti'..!i ft I iit iorrs!ri p or interest is di - closed of known to the =turr eho lviers entitled to vote nod they authorize, approve, or ratit t such contract or transaction by me or writ ten content; fir (C) 'I he contract or tr nt' action Is lair and reasonable to the corporation. Cnminnn or intere=tect direct( illy he counted in deter -- mining thy presence of quorum nt r eeting of the hoard of d irn:tors or a commit tee thereof whi . ► nuth(rizes, approves, or ratifies such contract or transaction. AR,r I';LE XII INCORPORATOR The name and address of the incorporator is as follows: Glen I"ritzler 14 639 Weld County Road #42 LaSalle, Colorado 80615 IN WITNESS WHEREOF, the above riled incorporator these OF INCORPORATION )n ')i-'..t x L A :,T L. STATE OF COLORADO COUNTY OF WELD ) &4Zfer •. signed , I the undersigned. a notary public, hereby certify that on ,! LC -'7't1 c4e-4 2 -. , 198 , the above named incorpora- tor personally apprenro -before me and being me first duly by y sworn declared that he iq the person who signed the foregoing document as incorporator, and that the statements therein con- tained are true. WITNESS r+•v hand and official seal. My Commission Rxpire.s: ' /C Ire / ll No(ary Address: Y tar („s_a ec e 746 Cal" ,(c 6 77 • • he STA 1 F OP tOLORADI') C' �� s EPIC) OFFICE AND/OR REGISTERED AGENT • �T4,��ME�IT OF CHANGE OF RE Saar _ - op _e • R p.� SF t, a "VC? v', ON REVERSE SIC_ t,tlr • • • haat, Cal l' ?f ate Natty. Qu►r•v1 Marti' • 1 t) • I turfy'', key t,• •o t • K G Fr f ' f • Ltd ,t1I r n11,O'Nlon Hernia Mr*n main tt+• fOIh r, ^Q atat'"hltnt�... The Stet• Or Cr .+nary el intorporal`Or la f PON Of'ICI USE OWty ALEt.l `Pr FEB 1 8 1986 45 7 9 41 eie� , t•• t j._i va' f Lij The corrp1•t• Iltrnt aJar•af of t►te Corrorttron s nEGISTfRE0 OFFICE flail W atynrd 10: / J 1 1 ' I .r1 �i __ • .r All 1 t eL... t i! t i e 1-ic��L� ye' norm of tv+a Corporation's SUCCESSOR REGISTERED A. 1 al t h • address et the Corporation's Registered OMice and tba /ddr•ea ul 1he Corpaa;lort'f R•atatarnd Art. as thread, will ba to•ntical Tots co+nuWS ants' addles! Of 1Pta Corporation a prr'c!pal place of rtuslnf$ in Colorado is Ail. ,..Las Li r' „zti t t atoll by mason Af natal loo•t►On d orates sweet N M1l ^` aai1t ..,. _ !J flirts `s o�w n snit altar«,1 stain cwt n'ca rip ! +en Li i mason t tarts' tae ens •a o•f►es route th•no county 1 tr.. t. PI rsa Rani cll Hs i nitre andY4 actua' physP(.a. vexation they br subatttated. bu ac pt^p'raA• �i(k1rN{ t,rtnQ al neatly a+{ P0.11 le Stalin :net o+rice 14 cam• cOsso r+atron shall H. rnc►udrl sailM IMPORTANT, Klan REAL) CA*t rsa,or ,t II you art a -lot-A''ent oc..pe ItanIM/ p*rtottalll, IRM term mull be ns- iirtalltl. It you on I but Moulted. el(prom comet- alien,M hellifiletir STATE OF COUNTY OF KGF, INCA_ fig,,,,Crt 1112).1k an id L N. I Li ISSIL-rt Sin Its President Subscr::ed •^d morn to before me this day of My commission exf' es._as _.. I ^M et r I•r • rU ct Notary Public t. Notts. 1. Tian na a of mrywrtfattnet m�tt anila• the est. r 2 'oeuvre sad title Of saltier airing tfcw the cilernretictn. must he rattiest at st.tr pea Arno oN• SUBMIT THIS STATEMENT WITH PA YMN T TO: CORPORATE REPORT SECTION �r'�_r I LUDErARTMENT OF STATE P 0. BOX 5861 DENVER. CO 60217.5861 • (N1 (NI CNN.. Mailp F llinc Fee S5 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Fritzler Farms, Inc. is a Corporation formed or registered on 02/10/1982 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 19871464627. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 05/21/2015 that have been posted, and by documents delivered to this office electronically through 05/23/2015 @ 16:32:39. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 05/23/2015 @ 16:32:39 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 9197629. 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 Certificate Confirmation Page of the Secretary of State's Web site, hlipilwww.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certif cate '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 e f ective issuance of a certificate. For more information, visit our Web site, http:/lwww.sos.state.co.us/ click Business Center and select "Frequently Asked Questions." CERT GS D Revised 08/20/2008 UNANIMOUS WRITTEN CONSENT IN LIEU OF MEETING OF THE BOARD OF DIRECTORS OF FRITZLER FARMS, INC. The undersigned, being all of the directors of Fritzler Farms, Inc., a Colorado Corporation, acting under the Colorado Corporation Code, do hereby adopt the following resolution: RESOLVED, that the following persons are hereby elected to be directors of the Corporation until there respective successors have been duly elected and qualified: Glen Fritzler Pamela S. Fritzler Dated as of Ar" O2 , 2010 Glen Fritzler ASSIGNMENT AND ASSUMPTION OF LEASE THIS AGREEMENT AND ASSUMPTION OF LEASE entered into effective as of the 1st day of December, 2014, by and between GLEN FRITZLER ("Assignor"), and FRITZLER FARMS, INC. ("Assignee"). FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Assignor hereby transfers, assigns and sets over unto Assignee all of the right, title and interest of Assignor in and to that certain Lease Agreement dated December 1, 2014, by and between the Estate of Mary Eileen Fritzler and the Estate of Edward Fritzler, as Landlord, and Glen Fritzler, as Tenant, together with all amendments, renewals, extensions and modifications thereof ("Lease") demising tenant space in all or any portion of the following described real property ("Real Property"): N1/2 of Section 22, T4N, R66W lying west of Highway 85 together with all irrigation water historically allocated to subject land, situated in the County of Weld, State of Colorado. TO HAVE AND TO HOLD the Lease, rights and appurtenances thereto belonging to the Assignor. Executed as of this 7'4day of February, 2015. ASSIGNOR: GLEN FRITZLER ASSIGNEE: FRITZLER FARMS, INC. Glen Fritzler, Presi o ent Exhibit 1 FARM LEASE THIS LEASE, is made and entered into by and between CHERYL MITCHELL, as personal representative for the Estate of Edward Fritzler and as co -personal representative for the Estate of Eileen Fritzler, STEVEN FRITZLER, as co -personal representative of the Estate of Eileen Fritzler, and GLEN FRITZLER, as co -personal representative of the Estate of Eileen Fritzler, altogether the Lessor, and GLEN D. FRITZLER, individually, the Lessee. WITNES SETH that the Lessor has this day leased unto the Lessee, the following described premises situated in the County of Weld and the State of Colorado, to wit: N1/2 of Section 22, T4N, R66W lying west of Highway 85 together with all irrigation water historically allocated to subject land. The term shall be 1 year commencing on the 1st day of January, 2015 and ending on the el day of January, 2016. Cash rent shall be $32,000/year. Rent shall be paid to the Lessor as follows: $16,000 on the O day of April and $16,000 on the last day of November. The Lessor makes the following reservation, to -wit: The buildings located at 20700 & 20730 WCR 31. LaSalle, Colorado. The Lessee agrees as follows: 1St. To thoroughly plow, cultivate and farm in a farm -like manner. 2nd. To use said premises as an irrigated farm and especially will not let said premises or permit the same to be used for any unlawful business or purpose whatsoever. 3rd. Not to sell, assign, sublet, or relinquish said premises without the written consent of the Lessor, under the penalty of a forfeiture of all rights of the Lessee under or by virtue of this Lease, at the election of the Lessor. e. It is further agreed Lessee pays 100% Irrigation water power, fertilizer, insecticides, seed and all other costs relating to farming. This lease is executed this 5 day of Fab Y V O,t i , 2015. Remainder of Page Intentionally Left Blank 1 • Exhibit I • • } 1 i • 1 1 • LESSOR LESSEE Chery I, personal representative of Glen Fritzler, indivi ally the • • : e of Edward .Freer, and personal representative of the Estate of Eileen Fritz er Steven Eritzler, personal ireprntative of the Estate of Eileen Ritzier .9" Glen Fritzler, p onal epresentative of the Estate of Eileen Erlter 2 DR 4679 (09/21/06) COLORADO DEPARTMENT OF REVENUE AFFIDAVIT - RESTRICTIONS ON PUBLIC BENEFITS I. Ge n. Ftfttv swear or affirm under penalty of perjury under the laws of the State of Colorado that (check one): I am a United States citizen. I am not a United States citizen but I am a Permanent Resident of the United States. I am not a United States citizen but I am lawfully present in the United States pursuant to Federal law. I am a foreign national not physically present in the United States. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature Date DR 8404-I (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: must so separate by be "N/A". This answered sheet individual Any if deliberate necessary in their history entirety to record misrepresentation enable or requires the you license to information answer application or material questions that may is omission completely) necessary be delayed may for the or jeopardize denied. licensing If a the investigation question license is application. not or applicable, inquiry. All (Please please questions attach indicate a 1. Name of FtIt21e- Business x- Home Phone Ci 20- Number -.02111 Cellular /��Number 2® 3S 4 - SO So F4-scw Thy, 737 2. Your Full Name �% -� (last, first, middle) 6 /Q 1.! :GC 3. List any other names you have used Od Fttakx 4. Mailing address (if different from residence) / Email Address fie\ Qckt Ent m e , co Ira% 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 eT, C R 3 3 la? geliei o ‘L� /22 a QeAJ\!/6 rV..se-4 Pdo 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 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 44 8. Have furniture, you fixtures, ever applied equipment for, held, or or inventory had an interest to any licensee? in a Colorado (If yes, Liquor answer or Beer in detail.) License, or loaned money, Yes No 9. Have applied you ever for or received been denied a violation a liquor notice, or beer suspension, license or anywhere revocation in the United for a liquor States? law (If violation, yes, explain or have in detail.) you Yes No s - r.� 0. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited Yes �►No bail for any offense in criminal or military court or do you have any charges pending? (If yes, explain in detail.) 11. Are currently under (supervised or unsupervised), or completing the requirements of a you probation parole, Yes No deferred sentence? (If yes, explain in detail.) 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) Yes 1 o information Unless otherwise required provided in question by law, #13 the is personal solely Personal for information identification and required Financial purposes. in question Information #13 will be treated as confidential. The personal 13a. Date of Birth b. Social Security Number c. Place of tee Birth `-ev C O d. U.S. Citizen 11 Yes No e. If Naturalized, state where f. When g. Name of District Court h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I. 5 Height 7o/' m. Weight /496 n. Hair &JCAW\ Color o. Eye eytuw Color p. Gender et le q. Ai Race {tile r. Do you have a current Driver's License/ID? Ifso, give number and state. e 14. Financial a. To I Information. purchase price or investment being made by the applying entity, corporation, partnership, limited liability company, other. $ 41,01-7, o° b. List notes, the loans, total amount cash, of services the personal or equipment, investment operating , made capital, by the stock person listed purchases on question or fees paid. #2, in $ this C business including any * ** If Section corporate b should investment reflect only the total please of skip sections to and c complete and e section (d) c. Provide (Attach details a separate of the sheet personal if needed) investment described in 14b. You must account for all of the sources of this investment. Type: Cash, Services or Equipment Account Type Bank Name Amount d. Provide separate details sheet of if needed) the corporate investment described in 14 b. You must account for all of the sources of this investment. (Attach a Type: Cash, Services or Equipment Loans Account Type Bank Name Amount ,k 1ine o f&Mt Atileitom,\ i ct cat 40/ 606 #O 0 Er:prncf IC3u dal hit olc =/ePo£ ��.. / GA -..Site �/ -,Elm ,4 4 as�T / a 7. 0• ,f, e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount Ametc,v, A Cctocicri- f z,2 05 t , fs®63€1 uteri yeast- JO,otx) too (k1C I declare under penalty of perjury that this application and Oath all attachments of Applicant are true, correct, and complete to the best of my knowledge. Authorize Signature Print Signature 6hvA, Fr , rtatevPces4esct Title Date 64-15 9- DR 4679 (09/21/06) COLORADO DEPARTMENT OF REVENUE AFFIDAVIT - RESTRICTIONS ON PUBLIC BENEFITS 64,77 perjury under the laws of the State of Colorado that (check one): , swear or affirm under penalty of 17( I am a United States citizen. I am not a United States citizen but I am a Permanent Resident of the United States. I am not a United States citizen but I am lawfully present in the United States pursuant to Federal law. I am a foreign national not physically present in the United States. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that state law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under Colorado Revised Statute 18-8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. Signature i0AdvnYa A O./tidy/pi Date b-9_/6 DR 8404-I (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 Home Phone Number 970 — 7 - /94i Cellular Number 970 --37/-5(7 2. Your Full Name (last, first, rni le) 3. List any other naes you have used .4-,en--i S 1/4-1A-v---<moci 4. Mailing address (if different from residence) Email Address can -7 4•) /r//z/€rn--) fl ze . G'Orn 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 . 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) 4409409 e, .j,3 64L54 -4 -tee th c_fcrou5 P/$ ` %$ SST 401 ? do SO -5d7 Position Held From 9-S9 To cQ09 tic's 43/u- Co k &' 20537 ,5wiax -e rc- 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 /'V/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 9. Have you ever received a violation notice, suspension, or revocation for a liquor law violation, or have you applied for or been denied a liquor or beer license anywhere in the United States? (If yes, explain in detail.) Yes 10. Have ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited you ✓fi No bail for any offense in criminal or military court or doyou have any charges g pending? p (If gp yes, explain in detail.)Yes 11. Are or completing the requirements of a you currently under probation (supervised or unsupervised), parole, Yes .=' No deferred sentence? (If yes, explain in detail.) 12. Have you ever had any professional license suspended, revoked, or denied? (If yes, explain in detail.) Yes ✓ No information Unless otherwise required provided in question by law, #13 the is personal solely Personal for information identification and required Financial purposes. in question Information #13 will be treated as confidential. The personal 13a. It/nv&/s c. Place of Birth d. U.S. Citizen ''' Yes No e. If Naturalized, state where f. When g. Name of District Court h. Naturalization Certificate Number i. Date of Certification j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I. Height /‘7/-- /, m. Weight n. Hair /5,1'12 Color o. Eye Color p. Gender q. l',-1-L.L Race r. Do you have a current Driver's License/ID? If so, give number and state. .� Yes n No # 4&91. .�_? ,___ 14. Financial a. Total 221jfl Information. purchase cv price or investment being made by the applying entity, corporation, partnership, limited liability company, other. b. List notes, the loans, total amount cash, of services the personal or equipment, investment operating , made capital, by the stock person listed purchases on question or fees paid. #2, $ in this C business including any a. If ** corporate Section b should investment reflect only the please total of skip sections to and c complete and e section (d) c. Provide (Attach details a separate of the sheet personal if needed) investment described in 14b. You must account for all of the sources of this investment. Type: Cash, Services or Equipment Account Type Bank Name Amount d. Provide separate details sheet of if needed) the corporate investment described in 14 b. You must account for all of the sources of this investment. (Attach a Type: Cash, Services or Equipment Loans Account Type Bank Name Amount G//� , OA - Zi•�Ci�/j de--'?(2,OOO U/C-% v -_" V' i1/i:e Cs y- !7,� /✓ �.+P-/.q�� AC Q U//7/v'�6-.tvT � cir(n/ -147o'a L -a-_ rvSe 7fee_2 > ,c-c--&--cs- C ,4-`-Q_J 6,;(/77E `C.ate-/ oe3.-C. �%S-77 I a 7 e. Loan Information (Attach copies of all notes or loans) Name of Lender Address Term Security Amount r 1,A62, g"--&---- / ye-- �� _ � 1(21-67 7/74-t_ � goezi a y_ , ,�. , -7- ocv _ r I declare under penalty of perjury that this application Oath and all attachments of Applicant are true, correct, and complete to the best of my knowledge. Authorized Signature Print Signature Title Date (2 2)/4'�e 6- /ice'-/TZ 6-6-2( / ' ,(_ �- '1 J /die. e/fil 4 L.91,6751 tic) .n./ _ 20150723-10221 DATE 07/15/2015 SO WELD COUNTY RECORDS GREELEY 1950 "0" STREET GREELEY, CO 80631 RE: FRITZLER,GLEN DAVID DATE OF BIRTH: SOC: XXX-XX- No Colorado record of arrest has been located based on above name and date of birth or through a search of our fingerprint files. The Colorado Bureau of Investigation's database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. On occasion the Colorado criminal history will contain disposition information provided by the Colorado Judicial system. Additionally, warrant information, sealed records, and juvenile records are not available to the public. Since a record may be established after the time a report was requested, the data is only valid as of the date issued. Therefore, if there is a subsequent need for the record, it is recommended another check be made. Falsifying or altering this document with the intent to misrepresent the contents of the record is prohibited by law and may be punishable as a felony when done with intent to injure or defraud any person. Sincerely, Ronald C. Sloan, Director Colorado Bureau of Investigation Page 1 20150723-10051 CIVIL APPLICANT RESPONSE ICN E2015196000000261396 CIDN FRITZLER,GLEN DAVID MNU SOC SEX M COCBI0000 COLORADO B OF I DENVER CO 2015/07/06 A SEARCH OF THE FINGERPRINTS ON THE ABOVE INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA. CJIS DIVISION 2015/07/15 FEDERAL BUREAU OF INVESTIGATION COCB10000 CO BUREAU OF INVEST COLORADO B OF I STE 3000 690 KIPLING ST DENVER,CO 80215-8001 Page 1 OCA 0O0620000 ir4 COLE AND CROSIER, P.C. CERTIFIED PUBLIC ACCOUNTANTS May 28, 2015 Weld County Board of Commissioners 1150 O Street, PO Box 758 Greeley, CO 80632 Re: Fritzler Farms, Inc. dba Fritzler Corn Maze Glen and Pamela Fritzler 20861 CR 33 La Salle, Colorado 80645 To the Honorable Commissioners of Weld County: 210 SUNSET DRIVE LA SALLE, CO 80645 (970) 284-5545 (970) 284-5546 FAX I have known Glen Fritzler personally and professionally since the late 1970's, and his wife Pamela since their marriage. I have been engaged as the tax preparer for Glen and Pam as individuals, and for Fritzler Farms, Inc. since organization in 1982. In that time I have found Glen and Pam as individuals responsive to the needs of their community and patrons, and professionally responsive to my needs required to file complete and timely individual and corporate income tax returns. Whatever their undertakings, I believe that Glen and Pam have and will continue to follow the course in an ethical and legal manner. If there are any questions, please contact me. Sincerely, Brian D. Crosier Certified Public Accountant Colorado Certificate No. 3493 MEMBERS: AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS +AMERICAN ACCREDIT �a MONEY FOR AGRICULTURE May 29, 2015 Re: Fritzler Farms, Inc. Fritzler Corn Maze Glen & Pamela Fritzler We have known and worked with Glen & Pamela Fritzler for many years. Glen's parents were customers of ours with his Dad serving on our Board of Directors for several years; we have a long history with the Fritzler family. After looking for options to expand their farming operation, in 2000 they opened the corn maze and have since built a very successful business. During that time, they have built up a good employee base and the expertise to work with a large customer base. Being willing to add new attractions and services has allowed them to expand and improve their operation. New ideas are well researched and evaluated using their network of similar businesses across the country. Obtaining a liquor license will provide them with additional options to increase their business. Fritzler's are individuals of high integrity and have the management ability necessary to operate with a liquor license. I recommend that they be approved for a liquor license. Let me know if you have any additional questions. ,,. ...01 Thomas E.r... ,ainbolt Vice President P.O. Box 336670, Greeley, CO 80633-0612 4505 29th St., Greeley, CO 80634 Phone 970-330-4071 4- Fax 970-330-4420 www.agloan.com MAYEDA 1\.. 1].,�.. I Mayeda P( I)I. Ryan J DC To Whom It May Concern, I have known Glen and Pamela (Pam) Fritzler for almost 4 years. Throughout those years I have witnessed them in many aspects of life and I must say, I have always been impressed. Glen and Pamela walk with a level of integrity that in today's society is becoming more and more difficult to find. They embody many of the values and qualities that I strive to emulate; honesty, integrity, financial responsibility, kindness, generosity, etc. I have had the privilege to know Glen and Pam on a personal level. Additionally, over the past 2 years I have had the opportunity to be a part of their annual corn maze. I advise a group of 50+ college men. This group has been given the opportunity to work with the Glen and Pam at the Fritzler Corn Maze to raise money for their organization. It was great to see the number of different organizations that were given the ability to raise a substantial amount of money for their groups because of the Fritzler's generosity. The Fritzler Corn Maze is a business for Glen and Pam but it is also an opportunity for countless individuals, families and organizations to make a little extra money. In two years of working with them I have never heard a single person complain about being mistreated, being shorted on their pay or having any disputes with Glen or Pam. I admire and look up to Glen and Pam as examples of what it means to be a GOOD person. They passionately serve and help others, they fight for what they believe in, they live life with integrity and honor, and they are kind. We are fortunate to have them as part of our Northern Colorado community and I voice my full support for them and their character. If you would like any further information please feel free to contact me directly. Sincerely, ,Ci•try. Ryan J Mayeda a drryan@weldfamilyclinic.com drrvancweldfamilvclinic.com 970-356-5225 1713 61st Avenue; #102 - Greeley, CO 80634 20150723-10251 DATE 07/15/2015 SO WELD COUNTY RECORDS GREELEY 1950 "0" STREET GREELEY, CO 80631 RE: FRITZLER,PAMELA SUE DATE OF BIRTH: SOC: xxx-xx- No Colorado record of arrest has been located based on above name and date of birth or through a search of our fingerprint files. The Colorado Bureau of Investigation's database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. on occasion the Colorado criminal history will contain disposition information provided by the Colorado Judicial system. Additionally, warrant information, sealed records, and juvenile records are not available to the public. since a record may be established after the time a report was requested, the data is only valid as of the date issued. Therefore, if there is a subsequent need for the record, it is recommended another check be made. Falsifying or altering this document with the intent to misrepresent the contents of the record is prohibited by law and may be punishable as a felony when done with intent to injure or defraud any person. Sincerely, Ronald C. sloan, Director Colorado Bureau of Investigation Page 1 20150723-10471 CIVIL APPLICANT RESPONSE ICN E2015196000000257676 CIDN FRITZLER,PAMELA SUE MNU SOC SEX F COCBI0000 COLORADO B OF I DENVER CO 2015/07/06 A SEARCH OF THE FINGERPRINTS ON THE ABOVE INDIVIDUAL HAS REVEALED NO PRIOR ARREST DATA. CJIS DIVISION 2015/07/15 FEDERAL BUREAU OF INVESTIGATION COCBI0000 CO BUREAU OF INVEST COLORADO B OF I STE 3000 690 KIPLING ST DENVER,CO 80215-8001 Page 1 OCA 0O0620000 w 503 DR 0010 (01/18/12) STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT LICENSE TO OPERATE A RETAIL FOOD ESTABLISHMENT ACCOUN T NUMBER LIABILITY INFORMATION ISSUE DATE LICENSE VALID 31 TO use for all references _ county i city indust. type liability date month j day year DECEMBER 042479370002 62 3274 9/21/2012 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: ALL TIME FAVORITES -BOOTH 1 20861 CR 33 LA SALLE, CO 80645 Owner: SUNBURST ENTERPRISES LLC LI CENSING AGENCY: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT • I 4. 767.• TREVOR JIRICEK, M.A.E.S., DIRECTOR ENVIRONMENTAL HEALTH SERVICES DR 0010 (01/18/12) • r 1/6/2015 2015 This certifies that licensee shown hereon is authorized and licensed to engage in business in accordance with the provisions of the law and regulations of the Colorado Department of Public Health and Environment. Any alterations made on this license will automatically make it null and void. POST IN A CONSPICUOUS PLACE STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT a. TAIL FOOD ESTABLISHMENT "v`*S",IS a r _. _. -- __ - - _ __ ACCOUNT NUMBER LIABILITY INFORMATION ISSUE DATE LICENSE VALID TO 31 for county city indust. type_ liability date month day year DECEMBER use all references i _ _ 62 3274 9/12/2013 1/6/2015 2015 42479370002 THIS LICENSE MUST BE POSTED AT THE FOLLOWING LOCATION: ALL TIME FAVORITES -BOOTH 3 20861 CR 33 LA SALLE, CO 80645 Owner: SUNBURST ENTERPRISES LLC LICENSING AGENCY: WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ?yi• •t" k, TREVOR JIRICEK, M.A.E.S., DIRECTOR ENVIRONMENTAL HEALTH SERVICES This certifies that licensee shown hereon is authorized and licensed to engage in business in accordance with the provisions of the law and regulations of the Colorado Department of Public Health and Environment. Any alterations made on this license will automatically make it null and void. POST IN A CONSPICUOUS PLACE NOTE: THE LOCATIONS OF ALL PROPOSED ENTERTAINMENT FEATURES SHOWN IN DETAIL "A" ARE APPROXIMATE. THE ENTERTAINMENT FEATURES CURRENTLY SHOWN WILL NOT BE MOVED OUT OF THE AREA SHOWN IN DETAIL "A". YEARLY CHANGES TO THE SIZE AND TYPE OF ENTERTAINMENT FEATURES SHALL BE SUBMITTED TO THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES FOR A SUBSTANTIAL CHANGE DETERMINATION. PROPERTY 7 -EXIT 10' SU=FI ir - - 5C BUFFER L t•vet' `R/- - _- 10' EUFFER---\ r - ow' — IniallaillreedillardSWIls eel f fir asf is El eh IMMO of f f i l PRCPOSED SCREENING LOCATION (SCREENING SHALL BE LIMITED TO HAY BALES AND EARTHEN GERMS UNLESS OTHERWISE APPROVED EY THE DEPARTMENT OF PLANNING SERVICES) PARKING AND PUMPKIN PATCH AREA EX•STINGG RR:GATION DITCH I I — - an ow is ist area sal 1 'I LWODSED t LOT MAN ACCESS PROPERTY ENTRANCE SIGN #1 150 SO. FT. COOT FRaN; nE ROAD SIGN #' 32 S9. FT. : (ATTACHED TO GATE) 10' DUFFER fi PARKING-. 30'x30' STORAGE CONTAINERS It n coriets3ar/ 57-4-4 D,rJ' SEE DETAIL "A" ( Faun Way cA MAZE AND SCREAM ACRES AREA PROPOSED PERIME TER TRAIN TRAIL (EXACT LOCATION VARIES) J } �s=na=tsas==cn�s / __ _zr / / ,� / / J i FAMILY �— CAMPFIRE AREA 0 200 SCALE: I' = 200' / / / / / / / / // 7 / // 400 /// / /I/ / / / / / / / / / SIGN g2 150 SQ. FT. r cA W 1 I1/41\1 MOP LY MAP SCALE: .. 2000' 1 C, 04N 20 66W 29 32 WCR 38 112 WCR 38 1/2 WCR-46-WC Lcratz.A.cm.pnon, ce Pwt*ob GQrbLo4w Iq,Is,01 , a.a, a3, 26, a:7 and 018 ob-11w4.6..kk,p 4 nlwttle,,�+ ,lP& WwE0& 1-1 perk 33 U 14 • 35 h re-WCR- 13 2 3 7 L(12 O N O L M U c0 CD 0 0 �m cc c CD O o -C � U U o o a co a3 w a) O a) U Ur E5 O D (N O L Co 0 0 �m 03 a) ° 0 o �' U o O U) a' aD O T U 5 -o c0 O -O N O L CO U ° 0cO >m CO C WO U ° o a m • W O 92 c.0ca_o FOR RECEIP1 RECEIVED FROM r ADDRESS w Di -AT[. Ektun tutAcbted iao tzeiPu attnt) HOW PAID CASH CHECK •, 1100 CO MONEY ORDER RECEIPT RECEIVED FROM ADDRESS DATE • NO. 88177 F /,100. co \aIU#eJ viee ;\4‘3)7144111_ 10.is' F&tJpt4l cill c. HOW PAID CASH CHECK 9 co as MONEY ORDER Nawiligg NO. 88178 941-uthd Flee _ RECEIPT DATE Lr-/O/s RECEIVED FROM FAthJLbL 1&,1flt41 ADDRESS HOW PAID CASH CHECK MONEY ORDER "77 co NO. 88179 �,� �s y821 4422g CCD CO C) O U Z c 2 cc Q LL cc w J N I CC Amount Paid Balance Due O U Q C O U a) 0 4-0 0 a) U_ O O O O O O Dues & Subscrip cr .--1 U U C a) O C a) at a a) a O U I- ro O O N CO O a) co 0 Fritzler Farms, Inc. O 0- RECEIVED 0 z In 00 00 H Q O w U W • O O w W w N • Cori o. 3 1 C!) W cc O Q N HOW PAID e N U CHECK MONEY ORDER 28908 O0 Aalaaas 89L X09 Od r, pJEo8 ail OT Naal0 opaiolog `ATunoc plats Rafaela Martinez From: Sent: To: Subject: Janet Lundquist Wednesday, June 17, 2015 10:33 AM Rafaela Martinez RE: New Application for Tavern Liquor License - Fritzler Farms, Inc. This is an existing location. Public works doesn't have any comments at this time. Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 k86 CIAO ti 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, June 15, 2015 1:41 PM To: Bob Choate; Dan Joseph; Deb Adamson; Bethany Pascoe; Tom Parko Jr.; Lisa Carpenter; Janet Lundquist; Roy Rudisill Subject: New Application for Tavern Liquor License - Fritzler Farms, Inc. Hello! In accordance with the procedure for Liquor licenses, please review all records on the following document for and 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 Approval of the Applicant's liquor license. PLEASE RESPOND NO LATER THAN: Tuesday, June 30, 2015 Applicant: Fritzler farms, Inc. File location: LC0054 1 thank you! II qftwia ./1. Martinez Deputy Clerk to the Board 1150 0 Street/P.O. Box 758 f 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: CM103-05255©CO.WELD.CO.US[mailto:CM103-05255@CO.WELD.CO.US] Sent: Monday, June 15, 2015 12:31 PM To: Rafaela Martinez Subject: Attached Image 2 Rafaela Martinez From: Sent: To: Subject: Roy Rudisill Wednesday, June 17, 2015 4:08 PM Rafaela Martinez RE: New Application for Tavern Liquor License - Fritzler Farms, Inc. No concerns with this one. Roy Rudisill Director Office of Emergency Management 1150 O Street 970-304-6540 Office 970-381-0417 Cell OEM 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: Monday, June 15, 2015 1:41 PM To: Bob Choate; Dan Joseph; Deb Adamson; Bethany Pascoe; Tom Parko Jr.; Lisa Carpenter; Janet Lundquist; Roy Rudisill Subject: New Application for Tavern Liquor License - Fritzler Farms, Inc. Hello! In accordance with the procedure for Liquor Licenses, 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 Approval of the Applicant's Liquor License. PLEASE RESPOND NO LATER THAN: Tuesday, June 30, 2015 Applicant: Fritzler Farms, Inc. File Location: LC0054 1 Thank you! Rafaela A. Martinez Deputy Clerk to the Board 1150 0 StreetIP.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. From: CM103-05255(DCO.WELD.CO.US [mailto:CM103-05255(ICO.WELD.CO.US] Sent: Monday, June 15, 2015 12:31 PM To: Rafaela Martinez Subject: Attached Image 2 S O To: Weld County Board of Commissioners From: Deputy Lisa Carpenter Date: June 26, 2015 RE: Fritzler Farms, Inc. Dear Commissioners, I have researched and found no reported calls for service at Fritzler Farms, Inc., located at 20909 WCR 33, La Salle, CO 80645, for the Calendar year of 2014 to present day. I find no grounds for disapproval for the liquor license. Respectfully Submitd, y Lisa C\rpenter Community Resource Officer Weld County Sheriff's Office 1950 "O" Street Greeley, CO 80631 Memorandum TO: Rafaela Martinez FROM: Dan Joseph SUBJECT: Liquor license inquiry DATE: July 1, 2015 CC: Cindy Salazar; Debra Adamson In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for Fritzler Corn Maze, located at 20909 CR 33, in LaSalle, Colorado. Environmental Health Services currently does not license booths under the ownership of the Fritzler Corn Maze (there are a number of other vendors who operate at this event that are licensed with the Department). The Department at this time has no concerns other than if the liquor license type that is being obtained requires food service as part of licensure, that Fritzler Corn Maze obtains a Retail Food Establishment license from our Department prior to operation. Should you have any questions regarding this matter, please contact me via e-mail at djosephr&co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III ru C o n 1 u u-) co X CO w c m a•YE co m U z Left y a szz tti C C 0 W U E • V CD cc c., C- 02 Lj 'To most locations. Please print and press hard. ci 4-0 an c+ m O)E c6 co 'Eoc>a `) V) m aO >�oz O .C - Z +,�0m 0 - V, LL_COO x C > upo LLWaO) 4-, Q> C a) PULL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE. NO POUCH NEEDED. m a) L Q Y <O 0 C l0 O EO C m m co0.≥ V)CQ •N T co _0a -OV 7 U- 2 n c > -c l0 m Y CD co ea > co > ; Z 'ai 0 0) C1N V N U N LLJ 1) a a cu to- u— b- c m m a C U C U O CD o m C a O .�? ` O V) L LL L .0 w3 a a- > i ' > ~ y > E mO co m0 O co=c�cr coiil L2 S0 m H �O Q_czQ Na4Q Ln75 c co x c cn f E v, UJ o E en H 0 m t Cco 0 m a. C LLZ cn = LL CO cn = 2 i Cr tr l r YC 0 -c LL V) a--, L C 0 O Co �a i 0) I a) C O t .., I 7 .Y F a. 0 0 °�' E o c ILL. 0 n Packages over 150 lbs. v co 4-, > C L co = Q.•O' .— _cc . me CD -o O L : co c LL.0 0 a a c° h g a> O CID a V) CD L .maxv")Z .CL W ) m a) ai a •a) LLZ.oQ FedEx 1 Day Freight Booking No. = Q (/)_ m Q EN Q N m t3 co -0 CO CO F- O z m O >- co 4--' U Y a a) • LL > >"a CO y, CI N M .c L1J V) a CD LL j - a m m ≥ m a m =0) = m 3U m - m C V) a) c„ E a - :5 .> > (y 0 Q N Q i LjEcc CD C co O) LL a cn acnd CO 0' c = N= _o -0 LL C o -pot a) LL-cno H es I H U) N 0) L -o Q Dept/Floor/Suite/Room " Declared value limit $500. I O a N C_) a) O F2 a) LL C, a aci U_ O C .� O a CO CO CO.M� m o_ a c0 C Cy CD L y lao co C c`o L v LL L 0) L1 > CO O M 1.31 m 1.1 - co 0) CO V) m W w a m LL L O) m 0 LL di m LL a L a) m O co c73 a) V) C -a O m Can //Ccc W I— > ''^^W v!Z 8 co ( • 6 O Co C O a- 0) �--, C a) cu Co cc Z 4-4CO C -0 cn c0 c.) c8 WC W C 72 c c a a toco as m a O CV y ca0 _m CD C•C C O.�'> m e-,) a m -a CD Em Le) cyi) (Nn m O7 a) . O CO 0.. C a) Q) L.. '0 (n 465 O m C U o 0mc. L E • o cn E O o m o a cr-at ) CC a)?, L C c CD >'e CO CEcc) a) a, a) (ID m E S .- ZQ_O .-, L a' co a,` -Oc.n'arn O Y -a.°3E 00 > 0 > c O Las 12. OcOO) .OLi isit '3 ° P aro Qo i N U) a) -o -O Q a) Y x C 0 n co CO U CU O d Cl, Cr O.G ' - 0 L O �cnc Z t Dept/Floor/Suite/Room We cannot deliver to P.O. boxes or P.O. ZIP codes. Cargo Aircraft Only Print FedEx location address here if HOLD option is selected. Enter FedEx Acct. No. or Credit Card No. below. S U a) L U U) CO U C a) Q U a) CC C 0 It •P Cto 0� m ,C E a) O > -O Z2, O 0 a el- CnQ.-- ct Co O co d N 3 co am u'5 0 Total Declared Valuet Co O 4t % ti Y Ca Lis) tt tbi 8 a) C O U, O O E O! Ii e C3 s X r CD Q) ct CC Q COCD CC Not ++ W vfon CC m �2 th c t: "a boa a° •F+ ..C "C3 Le ' '- ea mic cn _/5 Rev. Date 2/08•Part #158279•©1994-2008 FedEx•PRINTED IN U.S.A.•SRS FedEx® USA kb/il Express FedEx Tracking Number 8715 2810 6881 1 From Please print and press hard. Date Sender's Name �� a,�Sender's FedEx Account Number COUNTY OF WELD Company COUNTY _ a ,•� r.,•3fel Cat—. la _• 1253-1948-3 Phone(970) 3:56 — 4000 -to 4ivziraovtet. Address 91. sji �.t r ---.�.T 1/50 "D' CSthileS city Hr. T L 'r r 2 Your Internal Billing Reference First 24 characters will appear on invoice. 3 To state C O ZIP A0631 • aPozra, Mantl.n.e.& Recipient's � �,� Name �,Q,�eftas • HOLD Weekday Print FedEx location address below. NOT available for FedEx First Overnight Com . an Address !S?J ?UAW SittLas We cannot deliver to P.O. boxes or P.O. ZIP codes. Address Print FedEx location address here if HOLD option is selected. C. Dept/Floor/Suite/Room set Phone ( SO 3 )A06- 23OO HOLD Saturday Print FedEx location address below. Avail • FedEx Priority Overnight and FedEx 2Day to select locations. Dept/Floor/Suite/Room State I d ZIP 04157227-199 0► Store your addresses atfedex.eom Simplify your shipping. Manage your account Access all the tools you need. :::,w::.:::...y.A:.ir: •... Form ID No. 4a Express Package Service FedEx Priority Overnight Next business morning.' Friday shipments will be delivered on Monday unless SATURDAY Delivery is selected. FedEx 2Day Second business day.` Thursday shipments will be delivered on Monday unless SATURDAY Delivery is selected. • To most locations. FedEx Standard Overnight Next business afternoon.' Saturday Delivery NOT available. FedEx Express Saver LiThird business day." Saturday Delivery NOT available. Packages up to 150 lbs. FedEx First Overnight Earliest next business morning delivery to select locations." Saturday Delivery NOT available. 4b Express Freight Service FedEx 1 Dav Freight Next business day." Friday shipments will be delivered on Monday unless SATURDAY Delivery is selected. "To most locations. Packages over 150 lbs. FedEx 1 Day Freight Booking No. FedEx 2Day Freight Second business day." Thursday shipments will be delivered J on Monday unless SATURDAY Delivery is selected. r 1 FedEx 3Day Freight I I Third business day.' Saturday Delivery NOT available. 5 Packaging FedEx Envelope* • Declared value limit $500. FedEx Pak* Includes FedEx Small Pak, FedEx Large Pak, and FedEx Sturdy Pak. FedEx Box FedEx Tube Other 6 Special Handling and Delivery Signature Options )" SATURDAY Delivery FedEx Standard Overnight FedEx First Overnight FedEx Express Saver, or FedEx 3Day Freight. No Signature Required Package may be left without obtaining a signature for delivery. Direct Signature Someone at recipients address may sign for delivery. Does this shipment contain dangerous goods? One box must be checked. Yes Yes No As per attached Li Shipper's Declaration Shipper's Declaration. not required. Dangerous goods (Inc uding dry ice) cannot be shipped in FedEx packaging or placed in a FedEx Express Drop Box. Indirect Signature If no one is available at recipients address, someone at a neighboring address may sign for deliver/. For residential deliveries only. Dry Ice Dry ice, 9, UN 1845 x Cargo Aircraft Only kg 7 Payment Bill to: Enter FedEx Acct. No. or Credit Card No. below. Sender Acct No. in Section 1 will be billed. FedEx Acct No. Credit Card No. Recipient r I Third Party Credit Card 1 Exp• Date Cash/Check Total Packages Total Weight Total Declared Valuet 1 _ lbs. S .00 tour liability is limited to 5100 unless you declare a higher value. See back for details. By using this Airbill you agree to the service conditions on the back of this Airbill and in the current FedEx Service Guide, including terms that limit our liability. Rev. Date 2/08•Part#158279•C1994-2008 FedEx•PRINTED IN U.S.A.•SRS 553 Amended Use by Special Review Permit MUSR15-0016 Planner: Case Number: Applicant: Address: Site Address: Request: LAND USE APPLICATION SUMMARY SHEET Michelle Martin MUSR15-0016 Estate of Edward and Eileen Fritzler c/o Glen Fritzler 20909 County Road 33, LaSalle, CO 80645 20730 County Road 31, LaSalle, CO 80645 A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds to include an escape room modular, ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire climb, dog agility show, and other similar activities in the A (Agricultural) Zone District. Legal Description' Lot D of corrected RE -3966 being part N2 of Section 22, T4N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 44 and West of and adjacent to State Highway 85 Size of Parcels: +/- 265.59 Acres Parcel Numbers: 1057 22 100021, 1057 22 100024, 1057 22 200022, 1057 22 200023 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: • Weld County Zoning Compliance, referral dated 8/14/15 • Town of Gilcrest, referral dated 9/1/15 • Central Weld County Water District, referral dated 8/17/15 • Weld County School District RE -1, referral dated 8/17/15 • Colorado Parks and Wildlife, referral dated 8/18/15 • Weld County Sheriff's Office, referral dated 8/21/15 • Town of LaSalle, referral dated 9/10/15 With Comments: • Weld County Department of Public Health and Environment, referral dated 9/27/15 • Weld County Department of Planning — Engineering, referral dated 9/11/15 • Colorado Division of Water Resources, referral dated 9/1/15 MUSR15-0016 Page 1 The following agencies have not responded: ▪ Colorado Department of Transportation ▪ Ambulance Service ▪ City of Evans ▪ Town of Milliken ▪ Town of Platteville ▪ LaSalle F-9 Fire Protection District ▪ Platteville F-13 Fire Protection District • Weld County Department of Building Inspection • Weld County Public Works ▪ Western Mutual Ditch Company MUSR15-0016 Page 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Michelle Martin Case Number: MUSR15-0016 Applicant: Estate of Edward and Eileen Fritzler c/o Glen Fritzler Address: 20909 County Road 33, LaSalle, CO 80645 Site Address: 20730 County Road 31, LaSalle, CO 80645 Request: A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds to include an escape room modular, ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire climb, dog agility show, and other similar activities in the A (Agricultural) Zone District. Legal Description: Lot D of corrected RE -3966 being part N2 of Section 22, T4N, R66W of the 6th P.M., Weld County, CO Location: South of and adjacent to County Road 44 and West of and adjacent to State Highway 85 Size of Parcel: +/- 265.59 Acres Parcel Number: 1057 22 100021, 1057 22 100024, 1057 22 200022, 1057 22 200023 Summary: AMUSR-1268 was approved in 2014; this amendment is to permit the addition of new attractions and structures for the corn maze along with some year round events. The year round events will include an escape room a brewery and event barn. The boundaries of the Use by Special Review will also expand to include the entire Lot D of corrected RE -3966. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. The Use by Special Review (USR) AMUSR-1268 map was recorded in October 7, 2005 for a Site Specific Development Plan and Amended Use by Special Review Permit #1268 is for a MUSR15-0016 Page 3 Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds in the A (Agricultural) Zone District. The applicant has made some modifications to their previously approved USR and therefore is amending their application to stay in compliance with Weld County. Some of the changes to the corn maze include a beer garden, escape room, mini golf, zip line, pumpkin stroll, haunted barn and some year round activates such as an escape room, event room and a brewery. The boundaries of the Use by Special Review will also expand to include the entire Lot D of corrected RE -3966. Several of the neighbors objected to the beer garden and the ability of the facility to serve liquor. The Board of County Commissioners on August 26, 2015 approved a Tavern License for the facility. The proposed development standards and conditions of approval will help ensure the use remains compatible with the surrounding area. 2 The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. ECON.Policy 3.1. County activities and regulation should protect the rights of private property owners and the public health, safety and welfare, recognizing that these basic rights and protections allow the free market to prosper and grow the local economy. The applicant is requesting to expand their existing Use by Special Review to include additional attractions at the corn maze and some year round activates such as an escape room, event room and a brewery. Some of the surrounding properties are concerned with liquor being served. A Tavern License was approved by the Board of County Commissioner on August 26, 2015 to serve liquor at the facility. 3. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. AMUSR-1268 was approved by the Weld County Board of County Commissioners and the map was recorded on October 7, 2005 for a Site Specific Development Plan and Amended Use by Special Review Permit for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds in the A (Agricultural) Zone District. The County notified all the property owners within 500 -feet of the request to amend AMUSR-1268 to include additional attractions at the corn maze and some year round activates such as an escape room, event room and a brewery. Some surrounding property owners did comment on this application but their comments mainly pertained to the facility serving liquor which has already been approved by the Board of County Commissioners. 4. The recommendations of the referral agencies have been considered. The attached Development Standards and Conditions of Approval address the requirements of the referral agencies. 5. Not deemed to be a major change. After the Pre -Application meeting on April 30, 2015 Weld County Planning staff determined the proposed modifications were not a major change to the current permit. 6. Must be consistent with the original development standards. The previous USR was approved for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds in the A (Agricultural) Zone District. The proposed modifications are to allow additional attractions at the corn maze and some year round activates such as an escape room, event room and a brewery. The attached development standards incorporate the MUSR15-0016 Page 4 development standards approved under AMUSR-1268 but have been updated and expanded to reflect current regulations. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 1. The map shall be amended to delineate the following: A. All sheets of the map shall be labeled MUSR15-0016. (Department of Planning Services) B. The attached Development Standards. (Department of Planning Services) C. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) D. County Road 44 is a paved road and is designated on the Weld County Road Classification Plan as an arterial road which requires 140 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the future and existing right- of-way. All setbacks shall be measured from the edge of future right-of-way. This road is maintained by Weld County. (Department of Planning Services -Engineer) E. Show and label the approved access (AP15-00429), and the appropriate turning radii on the site plan. (Department of Planning Services -Engineer) F. Show the approved Colorado Department of Transportation (CDOT) access on the site plan and label with the approved access permit number if applicable. (Department of Planning Services -Engineer) G. Show and label all easements with the recorded document reception number and date on the site plan. (Department of Planning Services -Engineer) H. Show and label the approved tracking control on the site plan. (Department of Planning Services -Engineer) Show and label the accepted drainage features and drainage flow arrows on the site plan. Water quality features or stormwater ponds should be labeled as "Water Quality Feature/Stormwater Detention, No -Build or Storage Area, Volume = TBD" (Department of Planning Services -Engineer) G. The applicant shall delineate a detail of the facility lights on the map. (Department of Planning Services) H. The map shall delineate the trash collection areas. (Department of Planning Services) J. All signs shall be shown on the map with dimensions. (Department of Planning Services) K. The applicant shall delineate the parking on the map including the ADA parking stalls. The applicant shall comply with Appendix 23-B of the Weld County Code and the Section 208 of the 2010 Americans with Disability Act and provide an adequate number of parking stalls. (Department of Planning Services) MUSR15-0016 Page 5 2. Prior to Recording the Map: A. A Final Drainage Design that meets County requirements is required. (Department of Planning Services -Engineer) B. The applicant shall address the requirements of the Colorado Division of Water Resources, as stated in the referral response dated 9/1/15. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) The applicant shall submit an updated Certificate of Liability Insurance to show coverage from September 1, 2015 to September 1, 2016. (Department of Planning Services) 3. Prior to Construction: A. If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to the start of construction. Contact the Planning Department for application information. (Department of Planning Services -Engineer) 4, Upon completion of 1-2 above the applicant shall submit one (1) paper copy or one (1) electronic copy of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 5. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map not be recorded within the required sixty (60) days from the date the Board of County Commissioners resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 6. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps4co.weld.co.us. 7. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review mapis ready to be recorded in the office of the Weld County Clerk and Recorder. Date /0 arko Planning Dire for MUSR15-0016 Page 6 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ESTATE OF EDWARD FRITZLER MUSR15-001 6 1. A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No AMUSR-1268 for a Recreational Facility, with uses similar to those seen at a Guest Farm and Fairgrounds to include an escape room modular, brewery, ticket office, concession building, modular trailer haunt, beer garden, tetherball, tire climb, dog agility show, and other similar activities in the A (Agricultural) Zone District. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The applicant shall maintain compliance with the Department of Labor and Employment, Oil and Public Safety &CCR 1101-12, carnivals and amusement parks regulations at all times. 4. As indicated in the application materials the maximum number of customer allowed on the site at one time shall be 2,000. 5. The site may operate from the last week in August until the weekend after Halloween seven days a week from 9:00 am to midnight with the exception of the produce stand which may operate from the first of July through the end of September from 9:00 am to 6:00 pm. 6. The brewery, escape room and event room shall be allowed to function year round from 9:00 am to midnight. 7. The applicant shall have an insurance policy written by an insurance company authorized to do business in the State of Colorado or by a surplus lines insurer in an amount of not less than $100,000 per occurrence with a $300,000 annual aggregate for class A amusement rides (as designated by the Department of Labor and Employment) and all other recreational amenities insuring the owner or operator against liability for injury to persons arising out of the use of the amusement rides. 8. Should the applicant place any Class B amusement rides on the site (as designated by the Department of Labor and Employment) they shall obtain an insurance policy written by an insurance company authorized to do business in the State of Colorado or by a surplus lines insure, in an amount of not less than a $1 Million per Occurrence insuring the owner or operator against liability for injury to persons arising out of the use of the amusement rides. 9. No Smoking signs shall be placed in sufficient locations to ensure fire will not be allowed near corn stalks or flammable areas. 10. No commercial all -terrain vehicle (ATV) courses shall be allowed on the site. 11. The two semi trailer being used as storage units shall be an allowed use from the date of approval by the Board of County Commissioners. The trailer shall be maintained in drivable conditions and shall maintain current licensing. 12. The applicant shall install a trash collector at the culvert located at the intersection of Weld County Road 33 and U.S. Highway 85. The type of device shall be agreed upon by the applicant and western mutual ditch company and the applicant shall be responsible for any costs associated with the project. 13. The screening and landscaping on the site shall be maintained per the map. MUSR15-0016 Page 7 14. Should noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 15. The site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. 16. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 17. The historical flow patterns and runoff amounts will be maintained on the site. 18. Weld County is not responsible for the maintenance of onsite drainage related features. 19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 20. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 21. The applicant shall remove, handle, and stockpile manure from the animal areas in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests, or pollutants. 22. Animal and feed wastes, bedding, debris and other organic wastes shall be disposed of so that vermin infestation, odors, disease hazards, and nuisances are minimized. 23. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. 24. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 25. There shall be no open burning conducted on the site, with exception to burning defined as "agricultural open burning" as defined by Regulation No. 9 of the Colorado Air Quality Control Commission Regulations. 26. This facility shall adhere to the maximum permissible noise levels allowed in the Non -Specified Zone as delineated in Section 14-9-30 of the Weld County Code. 27. Adequate drinking, hand washing and toilet facilities shall be provided for employees and patrons of the facility, at all times. For temporary or seasonal uses that are utilized 6 months or less per year portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 28. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. 29. A permanent, adequate water supply shall be provided for drinking and sanitary purposes for uses that are not considered temporary. The facility shall utilize the existing public water supply, (Central Weld County Water District). 30. The applicant shall comply with Colorado Retail Food Establishment Rules and Regulations MUSR15-0016 Page 8 governing the regulation of food service establishments. 31. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 32. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 33. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2011 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. 34. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 35, Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 36. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 37_ The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 38. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 39. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower MUSR15-0016 Page 9 level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. MUSR15-0016 Page 10 Hello