HomeMy WebLinkAbout20150930.tiffRESOLUTION
RE: APPROVAL OF RENEWAL APPLICATION FOR A RETAIL LIQUOR STORE LICENSE
FROM CROW VALLEY LIQUORS, LLC, DBA CROW VALLEY LIQUORS, AND
AUTHORIZE CHAIR TO SIGN - EXPIRES MAY 30, 2016
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, Crow Valley Liquors, LLC, dba Crow Valley Liquors, presented to the Board
of County Commissioners of Weld County, Colorado, an application for the renewal of a Retail
Liquor Store License, for the sale of malt, vinous and spirituous liquors, and
WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the
sum of $137.50 to the County of Weld for the renewal of the existing license, and
WHEREAS, said applicant has exhibited a State Retail Liquor Store License for the sale of
malt, vinous and spirituous liquors in sealed containers not for consumption at place where sold,
outside the corporate limits of any town or city in the County of Weld at the location described as
follows:
37937 Highway 14, Briggsdale, CO 80611
WHEREAS, the Licensee shall host "responsible vendor" training every six (6) months as
agreeable to the Colorado Department of Revenue Liquor Enforcement Division, and this training
shall be open to other area licensees. Each employee shall be "responsible vendor" trained, and
the Licensee shall provide documentary evidence that each employee has been "responsible
vendor" trained to the Weld County Sheriff's Office within thirty (30) days of the first available
"responsible vendor" class after hiring. Evidence of such shall be included in the referral report
submitted by the Sheriff's Office at the time of annual renewal.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, having examined said application and the other qualifications of the
applicant, does hereby grant License Number 2015-07 to said applicant to sell malt, vinous and
spirituous liquors in sealed containers not for consumption at place where sold, only at retail at
said location; and the Board does hereby authorize and direct the issuance of said license by the
Chair of the Board of County Commissioners, attested to by the Clerk to the Board of Weld
County, Colorado, which license shall be in effect until May 30, 2016, providing that said place
where the licensee is authorized to sell malt, vinous, and spirituous liquors in sealed containers
not for consumption at place where sold, 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.
CC/ SO 4/as
2015-0930
LC0004
RENEW LIQUOR LICENSE - CROW VALLEY LIQUORS, LLC, DBA CROW VALLEY LIQUORS
PAGE 2
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 8th day of April, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:dI
Weld County Clerk to the Board t�
C
caL
Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature &
EXCUSED
Barbara Kirkmeyer, Chair
0 e tl.-YLZ `lP0 _..
Mike Freeman, Pro-Tem
Sean y P_Conwa
O/1
Julie A. Coz d /
Steve Moreno
2015-0930
LC0004
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
CROW VALLEY LIQUORS LLC
dba CROW VALLEY LIQUORS
37937 HWY 14
BRIGGSDALE CO 80611
ALCOHOL BEVERAGE LICENSE
Liquor License Number
4701331
License Expires at Midnight
May 30, 2016
License Type
LIQUOR STORE (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, lI have hereunto set my hand. 4/22/2015 gm
, Ll� .(V' 6 il t,641'
Division Director Executive Director
License Number 2015-07
ST,\TF. OF COT.OltADO
G_O
License Fee 137.50
COUNTY OF WELD
2
RETAIL LIQUOR LICENSE
BY AUTHORITY OF THE BOARD OF COUNTY CONBUSSIONERS
FOR A RETAIL LIQUOR STORE LICENSE
TO SELL AT RETAIL MALT, VINOUS, AND SPIRITUOUS LIQUOR
This is to Certify, that Crow Valley Liquors, LLC, dba Crow Valley Liquors, of the State of Colorado, having applied for a
License to sell malt, vinous, and spirituous liquors, and having paid to the County Treasurer the sum of One Hundred and Thirty
-seven and 50/100 ($137.50) Dollars therefore, the above applicant is hereby licensed to sell malt, vinous, and spirituous Liquors
containing more than 3.2% Alcohol by weight, in scaled containers not for consumption at place where sold, as a Retail Liquor
Store at 37937 Highway 14, Briggsdalc, Colorado, 80611, in the County of Weld, State of Colorado, for a period beginning on
the 30th day of May, 2015, and ending on the 29th day of May, 2016, unless this License is revoked sooner as provided by law.
This license is issued subject to die Laws of the State of Colorado and especially under the provisions of Article 47 of Title 12,
Colorado Revised Statues, as amended.
IN TESTIMONY WHEREOF, the Board of County Commissioners has hereunto subscribed its name by its officers duly
authorized this 8th day of April, 2015.
\I :til_
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Depth t :kr the Board
THIS LICENSE EXPIRES MAY 30, 2016
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Chairman, Board or( min). (:inntTu
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TO BE POSTED IN A CONSPICUOUS PLACE. NON -TRANSFERABLE.
DR 8400 (Revised 09/01/12)
COLORADO DEPARTMENT OF REVENUE
LIQUOR ENFORCEMENT DIVISION
SUBMIT TO LOCAL LICENSING AUTHORITY
LIQUOR OR 3.2 BEER LICENSE
RENEWAL APPLICATION
CROW VALLEY LIQUORS
PO BOX 101
BRIGGSDALE CO 80611
RECEIVED
MAR 10 2015
WELD COUNTY
COMMISSIONERS
Fees Due
Renewal Fee
Storage Permit $100 x
$312.50
Optional Premise $100 x
Related Resort $75 x
Amount Due/Paid
Make check payable to. Colorado Department of Revenue.
The State may convert your check to a one-time electronic
banking transaction. Your bank account may be debited as early
as the same day received by the State. If converted, your check
will not be returned. If your check is rejected due to insufficient or
uncollected funds, the Department may collect the payment
amount directly from your banking account electronically.
PLEASE VERIFY & UPDATE ALL INFORMATION BELOW
RETURN TO CITY OR COUNTY LICENSING AUTHORITY BY DUE DATE
Licensee Name
CROW VALLEY LIQUORS LLC
DBA
CROW VALLEY LIQUORS
Liquor License #
4701331
License Type
Liquor Store (county)
Sales Tax License #
27835069
Expiration Date
5/30/2015
Due Date
4/15/2015
Street Address
Phone Number
W 37937 HY 14 BRIGGSDALE CO 80611
970/664 -3</Z41
Mailing Address
PO BOX 101 BRIGGSDALE
CO 80611
Operating Manager
Date of Birth
Home Address
Bi-
Phone Number
ak`ri 5 _1.\ V- 1-2_
- ('
3 '-1 i7 S a) CA ? 3 g5cale e) Uol(
970 /do, -36,3.._
1. Do you have legal possession of the premises at the street address above? IA YES ❑ NO
/X/
Is the premises owned or rented? ❑ Owned ca Rented* *If rented, expiration date
of lease / 2/3/ 3( /
2. Since the date of filing of the last annual application, has there been any change in financial interest (new notes, loans, owners, etc.)
or organizational structure (addition or deletion of officers, directors, managing members or general partners)? If yes, explain in detail
and attach a listing of all liquor businesses in which these new lenders, owners (other than licensed financial institutions), officers,
directors, managing members, or general partners are materially interested. ❑ YES ❑ NO
NOTE TO CORPORATION, LIMITED LIABILITY COMPANY AND PARTNERSHIP APPLICANTS: If you have added or deleted any
officers, directors, managing members, general partners or persons with 10% or more interest in your business, you must complete
and return immediately to your Local Licensing Authority, Form DR 8177: Corporation, Limited Liability Company or Partnership
Report of Changes, along with all supporting documentation and fees.
3. Since the date of filing of the last annual application, has the applicant or any of its agents, owners, managers, partners or lenders
(other than licensed financial institutions) been convicted of a crime? If yes, attach a detailed explanation. ❑ YES 0 NO
4. Since the date of filing of the last annual application, has the applicant or any of its agents, owners, managers, partners or lenders
(other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or
revoked, or had interest in any entity that had an alcohol beverage license denied, suspended or revoked? If yes, attach a detailed
explanation. ❑ YES ® NO
5. Does the applicant or any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) have a direct
or indirect interest in any other Colorado liquor license, including loans to or from any licensee or interest in a loan to any licensee? If
yes, attach a detailed explanation. ❑ YES is NO
6. SOLE PROPRIETORSHIPS, HUSBAND -WIFE PARTNERSHIPS AND PARTNERS IN GENERAL PARTNERSHIPS: Each person
must complete and sign the DR 4679: Affidavit — Restriction on Public Benefits (available online or by calling 303-205-2300) and
attach a copy of their driver's license, state -issued ID or valid passport.
AFFIRMATION & CONSENT
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.
Type or Print Name of Applicant/Authorized Agent of Business
Title
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2015-0930
Signature„ n
Date
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REPORT & APPROVAL OF ITY OR COUNTY LICE J N
The foregoing application has been examined and the premises, bu- ess d • =ray er of the applicant are satisfactory, and we do hereby report
that such license, if granted, will comply with the provisions of Title 1 - IV HEREFORE THIS APPLICATION IS APPROVED.
/
Local Licensing Authority Foritils
Date
Weld County, Co]orarin � �' " �
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Signature Mike Freeman, Pro—Tem
Title Boa : : ;. ;.
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Rafaela Martinez
From:
Sent:
To:
Subject:
Janet Lundquist
Monday, March 16, 2015 9:19 AM
Rafaela Martinez
RE: Liquor Store License Renewal - Crow Valley Liquors
This is an existing location. Public works doesn't have any comments at this time.
Thanks,
Janet Lundquist
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax- 970.304.6497
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Rafaela Martinez
Sent: Monday, March 16, 2015 9:02 AM
To: Bethany Pascoe; Bob Choate; Dan Joseph; David Clarke; Deb Adamson; Frank Piacentino; Janet Lundquist; Lisa
Carpenter; Roy Rudisill
Subject: Liquor Store License Renewal - Crow Valley Liquors
Hello!
In accordance with the procedure for Liquor Licenses, please review all records on
the following document for any associated reports/incidents during the last year
and return your report to the Weld County Clerk to the Board's Office within two
weeks. Your report will be used by the Board of County Commissioners in
considering Approval and/or renewal of the Applicant's Liquor License.
PLEASE RESPOND NO LATER THAN: March 31, 2015
Applicant: Crow Valley Liquors, LLC dba Crow Valley Liquors
File Location: LCOOO4
1
MEMORANDUM
Rafaela Martinez, Deputy Clerk to the Board March 27, 2015
From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services
Subject: LC0004
Review of the following liquor license renewal by the Department of Planning Services shows the following:
46-1299475-0000
Crow Valley Liquors, LLC
dba Crow Valley Liquors, LLC
37937 Hwy 14
Briggsdale, Co 80611
Mailing Address:
PO Box 101
Briggsdale, Co 80611
Zone District: Agricultural
Please be advised that USR12-0076 has been approved and the plat recorded.
No active violations were noted; therefore, staff has no comments regarding this application.
SERVICE, TEAMWORK, INTEGRITY, QUALITY
Rafaela Martinez
From:
Sent:
To:
Subject:
Hi Bob,
Rafaela Martinez
Thursday, April 02, 2015 11:47 AM
Bob Choate
RE: Liquor Store License Renewal - Crow Valley Liquors
I just wanted to let you know that I just called and spoke with Chris Schultz, the applicant, and confirmed the April 8`I'
Hearing Date for her.
I also requested that they bring in a copy of the lease when she comes in for the hearing on the 8th as well. She said she
would be happy to have one with her when she comes in. I just wanted to let you know. Thank you for catching that!
Thanks!
Iiaf zeta .H. Martinez
Deputy Clerk to the Board
1150 O Street) P.O. Box 758 'Greeley, CO 80632
tel: (970) 336-7215 X5226
Confidentiality Notice: This electronic transmission and any
and may contain information that is privileged, confidential
immediately notify sender by return e-mail and destroy the
of this communication or any attachments by anyone other
attached documents or other writings are intended only for the person or entity to which it is addressed
or otherwise protected from disclosure. If you have received this communication in error, please
communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
than the named recipient is strictly prohibited.
From: Bob Choate
Sent: Tuesday, March 31, 2015 11:22 AM
To: Rafaela Martinez
Subject: RE: Liquor Store License Renewal - Crow Valley Liquors
You may want to ask the applicant for a copy of their updated lease, as they were on a year-to-year lease and
now have a multi -year lease. I don't really care, but the State may.
Thanks!
Bob Choate
Assistant Weld County Attorney
1 150 "O" Street; P.O. Box 758
Greeley, Colorado 80632
Tel: 970-336-7235
Fax: 970-352-0242
Email: bchoate: gweldpov.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
1
prohibited. If you have received this email in error, please notify us immediately by
replying and delete the message. Thank you.
From: Rafaela Martinez
Sent: Monday, March 16, 2015 9:02 AM
To: Bethany Pascoe; Bob Choate; Dan Joseph; David Clarke; Deb Adamson; Frank Piacentino; Janet Lundquist; Lisa
Carpenter; Roy Rudisill
Subject: Liquor Store License Renewal - Crow Valley Liquors
Hello!
in accordance with the procedure for Liquor Licenses, please review all records on
the following document for any associated reports/incidents during the last year
and return your report to the Weld County Clerk to the Board's Office within two
weeks. Your report will be used by the Board of County Commissioners in
considering Approval and/or renewal of the Applicant's Liquor License.
PLEASE RESPOND NO LATER THAN: March 31, 2O15
Applicant: Crow Valley Liquors, LLC dba Crow Valley Liquors
File Location: LC0004
Thank you!
Rafaela .4. Martinez
Deputy Clerk to the Board
1150 0 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.
2
RECEIVED
To: Weld County Board of Commissioners
From: Deputy Lisa Carpenter
Date: April 3, 2015
RE: Crow Valley Liquors, LLC
Dear Commissioners,
WELD COUNTY
COMMISSIONERS
I have researched and found no reported calls for service at Crow Valley Liquors, LLC,
located at 37937 Hwy 14, Briggsdale, CO 80611, for the Calendar year of 2014 to present day.
I find no grounds for disapproval for the renewal of the liquor license.
Respectfully ebmitted,
Deputy U -a Carpenter
Community Resource Officer
Weld County Sheriffs Office
1950 "O" Street
Greeley, CO 80631
Memorandum
TO: Rafaela Martinez
FROM: Dan Joseph
SUBJECT: Liquor license inquiry
DATE: March 30, 2015
CC: Cindy Salazar; Debra Adamson
In response to your request, Environmental Health Services has reviewed the Retail Food Service
Establishment file for Crow Valley Liquor, located at 37937 Highway 14, in Briggsdale,
Colorado. Environmental Health Services does not currently license this type of facility (liquor
store only), however a review of our records shows no complaints for this facility.
Should you have any questions regarding this matter, please contact me via e-mail at
djosephgeo.weld.co.us or by phone at 970-304-6415 extension 2206.
Thank you.
Dan Joseph
Environmental Specialist Ill
Colorado Commercial Lease Agreement
This Commercial Lease Agreement ("Lease") is made and effective April 1, 2014, by
and between Chris A. and Steven R. Schultz ("Landlord") and Crow Valley Liquor LLC
("Tenant").
Landlord is the owner of land and improvements commonly known and numbered as
37937 Hwy. 14, Briggsdale, CO 8061 land as defined in Exhibit A and legally described
as follows (the "Building"): part of Lot A, Recorded Exemption No. 0545-20-04 REC12-
0079.
Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease
the Leased Premises from Landlord for the term, at the rental and upon the covenants,
conditions and provisions herein set forth.
THEREFORE, in consideration of the mutual promises herein, contained and other
good and valuable consideration, it is agreed:
1. Term.
A. Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases
the same from Landlord, for an "Initial Term" beginning April 1, 2014 and ending
December 31, 2018. Landlord shall use its best efforts to give Tenant possession as
nearly as possible at the beginning of the Lease term. If Landlord is unable to timely
provide the Leased Premises, rent shall abate for the period of delay. Tenant shall
make no other claim against Landlord for any such delay.
B. Tenant may renew the Lease for one extended term of two years. Tenant shall
exercise such renewal option, if at all, by giving written notice to Landlord not less than
ninety (90) days prior to the expiration of the Initial Term. The renewal term shall be at
the rental set forth below and otherwise upon the same covenants, conditions and
provisions as provided in this Lease.
2. Rental.
A. Tenant shall pay to Landlord during the Initial Term rental of $8,400.00 per year,
payable in installments of $700.00 per month. Each installment payment shall be
due in advance on the first day of each calendar month during the lease term to
Landlord at 34978 WCR 83, Briggsdale, CO 80611 or at such other place
designated by written notice from Landlord or Tenant. The rental payment amount
for any partial calendar months included in the lease term shall be prorated on a
daily basis.
B. The rental for any renewal lease term, if created as permitted under this Lease, shall
be $8,400 per year payable in installments of $700.00 per month.
3. Use
Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the
purposes of storing, manufacturing or selling any explosives, flammables or other
inherently dangerous substance, chemical, thing or device.
4. Sublease and Assignment.
Tenant shall have the right without Landlord's consent, to assign this Lease to a
corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant,
to any corporation under common control with Tenant, or to a purchaser of substantially
all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any
part of the Leased Premises, or assign this Lease in whole or in part without Landlord's
consent, such consent not to be unreasonably withheld or delayed.
5. Repairs.
During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to
the Leased Premises. Repairs shall include such items as routine repairs of floors,
walls, ceilings, and other parts of the Leased Premises damaged or worn through
normal occupancy, except for major mechanical systems or the roof, subject to the
obligations of the parties otherwise set forth in this Lease.
6. Alterations and Improvements.
Tenant, at Tenant's expense, shall have the right following Landlord's consent to
remodel, redecorate, and make additions, improvements and replacements of and to all
or any part of the Leased Premises from time to time as Tenant may deem desirable,
provided the same are made in a workmanlike manner and utilizing good quality
materials. Tenant shall have the right to place and install personal property, trade
fixtures, equipment and other temporary installations in and upon the Leased Premises,
and fasten the same to the premises. All personal property, equipment, machinery,
trade fixtures and temporary installations, whether acquired by Tenant at the
commencement of the Lease term or placed or installed on the Leased Premises by
Tenant thereafter, shall remain Tenant's property free and clear of any claim by
Landlord. Tenant shall have the right to remove the same at any time during the term of
this Lease provided that all damage to the Leased Premises caused by such removal
shall be repaired by Tenant at Tenant's expense.
7. Property Taxes.
Landlord shall pay, prior to delinquency, all general real estate taxes and installments of
special assessments coming due during the Lease term on the Leased Premises, and
all personal property taxes with respect to Landlord's personal property, if any, on the
Leased Premises. Tenant shall be responsible for paying all personal property taxes
with respect to Tenant's personal property at the Leased Premises.
8. Insurance.
A. If the Leased Premises or any other part of the Building is damaged by fire or other
casualty resulting from any act or negligence of Tenant or any of Tenant's agents,
employees or invitees, rent shall not be diminished or abated while such damages are
under repair, and Tenant shall be responsible for the costs of repair not covered by
insurance.
B. Landlord shall maintain fire and extended coverage insurance on the Building and
the Leased Premises in such amounts as Landlord shall deem appropriate. Tenant shall
be responsible, at its expense, for fire and extended coverage insurance on all of its
personal property, including removable trade fixtures, located in the Leased Premises.
C. Tenant and Landlord shall, each at its own expense, maintain a policy or policies of
comprehensive general liability insurance with respect to the respective activities of
each in the Building with the premiums thereon fully paid on or before due date, issued
by and binding upon some insurance company approved by Landlord, such insurance
to afford minimum protection of not less than $1,000,000 combined single limit coverage
of bodily injury, property damage or combination thereof. Landlord shall be listed as an
additional insured on Tenants policy or policies of comprehensive general liability
insurance, and Tenant shall provide Landlord with current Certificates of Insurance
evidencing Tenant's compliance with this Paragraph. Tenant shall obtain the agreement
of Tenant's insurers to notify Landlord that a policy is due to expire at least (10) days
prior to such expiration. Landlord shall not be required to maintain insurance against
thefts within the Leased Premises or the Building.
9. Utilities.
Tenant shall pay all charges for water, sewer, gas, electricity, telephone and other
services and utilities used by Tenant on the Leased Premises during the term of this
Lease unless otherwise expressly agreed in writing by Landlord. In the event that any
utility or service provided to the Leased Premises is not separately metered, Landlord
shall pay the amount due and separately invoice Tenant for Tenant's pro rata share of
the charges. Tenant shall pay such amounts within fifteen (15) days of invoice. Tenant
acknowledges that the Leased Premises are designed to provide standard office use
electrical facilities and standard office lighting. Tenant shall not use any equipment or
devices that utilizes excessive electrical energy or which may, in Landlord's reasonable
opinion, overload the wiring or interfere with electrical services to other tenants.
10. Signs.
Following Landlord's consent, Tenant shall have the right to place on the Leased
Premises, at locations selected by Tenant, any signs which are permitted by applicable
zoning ordinances and private restrictions. Landlord may refuse consent to any
proposed signage that is in Landlord's opinion too large, deceptive, unattractive or
otherwise inconsistent with or inappropriate to the Leased Premises or use of any other
tenant. Landlord shall assist and cooperate with Tenant in obtaining any necessary
permission from governmental authorities or adjoining owners and occupants for Tenant
to place or construct the foregoing signs. Tenant shall repair all damage to the Leased
Premises resulting from the removal of signs installed by Tenant.
11. Entry.
Landlord shall have the right to enter upon the Leased Premises at reasonable hours to
inspect the same, provided Landlord shall not thereby unreasonably interfere with
Tenant's business on the Leased Premises.
12. Parking.
During the term of this Lease, Tenant shall have the non-exclusive use in common with
Landlord, other tenants of the Building, their guests and invitees, of the non -reserved
common automobile parking areas, driveways, and footways, subject to rules and
regulations for the use thereof as prescribed from time to time by Landlord. Landlord
reserves the right to designate parking areas within the Building or in reasonable
proximity thereto, for Tenant and Tenant's agents and employees.
13. Building Rules.
Tenant will comply with the rules of the Building adopted and altered by Landlord from
time to time and will cause all of its agents, employees, invitees and visitors to do so; all
changes to such rules will be sent by Landlord to Tenant in writing. The initial rules for
the Building are attached hereto as Exhibit "A" and incorporated herein for all purposes.
14. Damage and Destruction.
Subject to Section 8 A. above, if the Leased Premises or any part thereof or any
appurtenance thereto is so damaged by fire, casualty or structural defects that the same
cannot be used for Tenant's purposes, then Tenant shall have the right within ninety
(90) days following damage to elect by notice to Landlord to terminate this Lease as of
the date of such damage. In the event of minor damage to any part of the Leased
Premises, and if such damage does not render the Leased Premises unusable for
Tenant's purposes, Landlord shall promptly repair such damage at the cost of the
Landlord. In making the repairs called for in this paragraph, Landlord shall not be liable
for any delays resulting from strikes, governmental restrictions , inability to obtain
necessary materials or labor or other matters which are beyond the reasonable control
of Landlord. Tenant shall be relieved from paying rent and other charges during any
portion of the Lease term that the Leased Premises are inoperable or unfit for
occupancy, or use, in whole or in part, for Tenant's purposes. Rentals and other
charges paid in advance for any such periods shall be credited on the next ensuing
payments, if any, but if no further payments are to be made, any such advance
payments shall be refunded to Tenant. The provisions of this paragraph extend not only
to the matters aforesaid, but also to any occurrence which is beyond Tenant's
reasonable control and which renders the Leased Premises, or any appurtenance
thereto, inoperable or unfit for occupancy or use, in whole or in part, for Tenant's
purposes.
15. Default.
If default shall at any time be made by Tenant in the payment of rent when due to
Landlord as herein provided, and if said default shall continue for fifteen (15) days after
written notice thereof shall have been given to Tenant by Landlord, or if default shall be
made in any of the other covenants or conditions to be kept, observed and performed
by Tenant, and such default shall continue for thirty (30) days after notice thereof in
writing to Tenant by Landlord without correction thereof then having been commenced
and thereafter diligently prosecuted, Landlord may declare the term of this Lease ended
and terminated by giving Tenant written notice of such intention, and if possession of
the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord
shall have, in addition to the remedy above provided, any other right or remedy
available to Landlord on account of any Tenant default, either in law or equity. Landlord
shall use reasonable efforts to mitigate its damages.
16. Quiet Possession.
Landlord covenants and warrants that upon performance by Tenant of its obligations
hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and
undisturbed and uninterrupted possession of the Leased Premises during the term of
this Lease.
17. Condemnation.
If any legally, constituted authority condemns the Building or such part thereof which
shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the
public authority takes possession, and Landlord and Tenant shall account for rental as
of that date. Such termination shall be without prejudice to the rights of either party to
recover compensation from the condemning authority for any loss or damage caused by
the condemnation. Neither party shall have any rights in or to any award made to the
other by the condemning authority.
18. Subordination.
Tenant accepts this Lease subject and subordinate to any mortgage, deed of trust or
other lien presently existing or hereafter arising upon the Leased Premises, or upon the
Building and to any renewals, refinancing and extensions thereof, but Tenant agrees
that any such mortgagee shall have the right at any time to subordinate such mortgage,
deed of trust or other lien to this Lease on such terms and subject to such conditions as
such mortgagee may deem appropriate in its discretion. Landlord is hereby irrevocably
vested with full power and authority to subordinate this Lease to any mortgage, deed of
trust or other lien now existing or hereafter placed upon the Leased Premises of the
Building, and Tenant agrees upon demand to execute such further instruments
subordinating this Lease or attorning to the holder of any such liens as Landlord may
request. In the event that Tenant should fail to execute any instrument of subordination
herein require d to be executed by Tenant promptly as requested, Tenant hereby
irrevocably constitutes Landlord as its attorney -in -fact to execute such instrument in
Tenant's name, place and stead, it being agreed that such power is one coupled with an
interest. Tenant agrees that it will from time to time upon request by Landlord execute
and deliver to such persons as Landlord shall request a statement in recordable form
certifying that this Lease is unmodified and in full force and effect (or if there have been
modifications, that the same is in full force and effect as so modified), stating the dates
to which rent and other charges payable under this Lease have been paid, stating that
Landlord is not in default hereunder (or if Tenant alleges a default stating the nature of
such alleged default) and further stating such other matters as Landlord shall
reasonably require.
19. Notice.
Any notice required or permitted under this Lease shall be deemed sufficiently given or
served if sent by United States certified mail, return receipt requested, addressed as
follows:
If to Landlord to:
Steven R. and Chris A. Schultz
34978 WCR 83, Briggsdale, CO 80611
If to Tenant to:
Chris A. Schultz dba Crow Valley Liquor LLC
P 0 Box 101, Briggsdale, CO 80611
Landlord and Tenant shall each have the right from time to time to change the place
notice is to be given under this paragraph by written notice thereof to the other party.
21. Brokers.
Tenant represents that Tenant was not shown the Premises by any real estate broker or
agent and that Tenant has not otherwise engaged in, any activity which could form the
basis for a claim for real estate commission, brokerage fee, finder's fee or other similar
charge, in connection with this Lease.
22. Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any
omission to take any action on account of such default if such default persists or is
repeated, and no express waiver shall affect any default other than the default specified
in the express waiver and that only for the time and to the extent therein stated. One or
more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent
breach of the same covenant, term or condition.
23. Memorandum of Lease.
The parties hereto contemplate that this Lease should not and shall not be filed for
record, but in lieu thereof, at the request of either party, Landlord and Tenant shall
execute a Memorandum of Lease to be recorded for the purpose of giving record notice
of the appropriate provisions of this Lease.
24. Headings.
The headings used in this Lease are for convenience of the parties only and shall not be
considered in interpreting the meaning of any provision of this Lease.
25. Successors.
The provisions of this Lease shall extend to and be binding upon Landlord and Tenant
and their respective legal representatives, successors and assigns.
26. Consent.
Landlord shall not unreasonably withhold or delay its consent with respect to any matter
for which Landlords consent is required or desirable under this Lease.
27. Performance.
If there is a default with respect to any of Landlord's covenants, warranties or
representations under this Lease, and if the default continues more than fifteen (15)
days after notice in writing from Tenant to Landlord specifying the default, Tenant may,
at its option and without affecting any other remedy hereunder, cure such default and
deduct the cost thereof from the next accruing installment or installments of rent
payable hereunder until Tenant shall have been fully reimbursed for such expenditures,
together with interest thereon at a rate equal to the lesser of twelve percent (12%) per
annum or the then highest lawful rate. If this Lease terminates prior to Tenant's
receiving full reimbursement, Landlord shall pay the unreimbursed balance plus accrued
interest to Tenant on demand.
28. Compliance with Law.
Tenant shall comply with all laws, orders, ordinances and other public requirements now
or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply
with all laws, orders, ordinances and other public requirements now or hereafter
affecting the Leased Premises.
29. Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on
the subject matter hereof. This Agreement may be modified only by a further writing that
is duly executed by both parties.
30. Governing Law.
This Agreement shall be governed, construed and interpreted by, through and under the
Laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year
first above written.
Steven R. Schultz, Landlord
Chris A. Schultz, Landlord
Crow Valley Liquors LLC by Chris
hultz, Tenant
82-244-1070
CROW VALLEY LIQUORS LLC
P.O. BOX 101
BRIGGSDALE, CO 80611 DATF _� /, 1/(
070-656-3434 (,yam
MIPA, 'r ", IF Fi 1 'f T LiVnl i 1)c J/ 2.
2778
BANK OF COLORADO
TELEBANK 1-800-295-6879
W WW BANKOFCOLORADO. COM
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