The URL can be used to link to this page

Browse Search

Home My WebLink About20153518.tiffRESOLUTION RE: APPROVE APPLICATION FOR TRANSFER OF OWNERSHIP OF TAVERN LIQUOR LICENSE FROM LONESTAR, LLC, DBA VAQUERAS NIGHT CLUB, TO FIERA ENTERTAINMENT, LLC, DBA EL CAPORAL, AND AUTHORIZE CHAIR TO SIGN - EXPIRES MARCH 23, 2017 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, Fiera Entertainment, LLC, dba El Caporal, presented to the Board of County Commissioners of Weld County, Colorado, an application for a Transfer of Ownership of a Tavern Liquor License for the sale of malt, vinous and spirituous liquors, said license previously held by Lonestar, LLC, dba Vaqueras Night Club, and WHEREAS, pursuant to Exhibit 5-H of the Weld County Code, said applicant has paid the required fees to the County of Weld for a Transfer of Ownership of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous and spirituous liquors for consumption by the drink on the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 10763 Turner Boulevard #1 and #2 Longmont, CO 80501-6249 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 2015-20 to said applicant to sell malt, vinous and spirituous liquors for consumption by the drink on the premises only, only at retail at said location and 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 March 23, 2017 providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquors for consumption by the drink on the premises only, shall be conducted in strict conformity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any violations thereof shall be cause for revocation of the license. CC= SO 309 2015-3518 LC0042 TRANSFER OWNERSHIP OF LIQUOR LICENSE - FIERA ENTERTAINMENT, LLC, DBA EL CAPORAL 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 28th day of October, A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, C•L''ADO ATTEST:d J jeli4'11 Weld County Clerk to the Board ty Clerk to the APPROVED AS TO FORM: County Attorney Date of signature: /1/!0 bara Kirkmeyer, hair Prn4—e lz Mike Freeman, Pro -Tern 2015-3518 LC0042 Weld County and State of Colorado Tavern Liquor License, was picked up in person by 3/ , 2016 Representative: Fiera Entertainment, LLC Dba El Caporal Date: ,3/,g�/jam Witnessed by , agent, on Deputy Clerk to the Board 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 FIERA ENTERTAINMENT LLC dba EL CAPORAL 10763 TURNER BOULEVARD UNIT #1 LONGMONT CO 80504 ALCOHOL BEVERAGE LICENSE Liquor License Number 4705685 License Type TAVERN (CO' License Expires at Midnight March 23, 2017 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. 3/24/2016 sjs 614,1,4A.,,,.2)764,9LL. Division Director Executive Director _ z = z.�, 11:3 CM'J...I,yJ'JJ��I_J�J�J../��IJ`..l'J...l'J�J`J.../`JJ��J.../1 JCJ,JCenr �l U dplo W W W z w U License Fee 950.00 t, td) N z H N COUNT OF WELD O' «1 rl STATE OF W (1) Z W U J 0 a •\UTHORI`I V OF THE BOARD Of FOR A TAVERN LIQUOR LICENSE f AC rip • 4-1 C) �•1 ci E Ct Cl C r 77) C r� J J JJ Cl C r I C U W n U I, 1 \V W 4.4 • w ci Cl / n l '4 rC f rJ J • r--1 Cl) y O U'• W C) B C f----1 0 Cl r� ci C) rH'4 a C U II C C ci f 4C fl) fe . 1 Cl) C ci ea • 14 (/) 4-4 v ci aamml rip C rf • C r 0-4 1 ci Cl l2 C) C C t—( rt containing more ci rf ci n f f 3-4 ct / 1 r C 4°2 ct T417, y C (3) C C r O w b \V U 4-4 4� C n� i r•+� 3 sC 1t ol? It 72i Ei 1-4 cip L� L O f C) Ct -14 C f • ,--1 C) • - .22 rf V J cN1 3-4 ci C Ih-- Ct 1-O �l Cl C C C) 14 LV C ci r�l N 0 • bfO C 5C O V cc • r•I O n of the State of Colorado and subject to the 73 v C) E r r) \V Si' rfj y B rrf: V (/) •1 C C C U Cr/ 4-4 I �7-4T C f 4-1 N C •C rl4 f C U C U t OF, the Board IN TESTIMONY WHE 'ox Commissioners U 0 -0 H 4-4 f W • -o; "715..•••••°..:1: • u LThi VaLl • rT1 w w z F O z w z O V z w CID 0 w as 0 �/11ICJ'-JJ'-CJ'�J'-CJ'JCJ'-J�GJ�CJ'-Gcilaincen � DR 8404 (04/27/15) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division (303) 205-2300 Colorado Liquor Retail License Application ❑ New License ❑ New -Concurrent Y] 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 ❑ Corporation sited Liability Company ❑ Partnership (includes Limited Liability and Husband and Wife Partnerships) ❑ Association or Other 2. Applicant I,..43q -era LLC, name of LLC; if partnership, at least 2 partner's names; if corporation, name of corporation era b + �rnw-4- t 1_1__C FEIN Number L4 -1 -(41 73Z 2a. Trade Name of Establishment (DBA) ECc poc \ I'L1-113 State Sales Tax Number Z tQ, Business Telephone lto s 4Oc Ili 3. Address of Premises (specify exact location of premises, include suite/unit numbers) 1016 S 1Vf'v2r .1\vcJ 0 6%* i I — City ncrno County -k- , Co Weld co go_co City or Town State State ZIP Code q ZIP Code 4. Mailing Addre (Number and Street) arrN-e_ 0..S ok.-eo a`' e. 5. Email Address 6. If the premises currently has a liquor or beer license, you must answer the following questions Present Trade Name of Establishment (DBA) Va WQ4 c,s t.r\ g1rt r doio Present State License Number L .si -IoLk ©OOZ Present Class of License ¶cAve.rn Present Expiration Date Oi - 2.1-1 - 2o)k Section A Nonrefundab e Application Fees Section B (Cont.) Liquor License Fees ■ Application Fee for New License $ 600.00 • 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 - Tavem $ 75.00 ■ Master File Location Fee $ 25.00 X Total Section B Liquor License Fees • Add Optional Premises to H & R $100.00 X Total • Master File Background $250.00 X Total • Add Related Facility to Resort Complex $ 75.00 X Total • Optional Premises License (City) $500.00 ■ Optional Premises License (County) $500.00 ❑ Racetrack License (City) $500.00 • Racetrack License (County) $500.00 ❑ Resort Complex License (City) $500.00 ■ Resort Complex License (County) $500.00 ■ Retail Gaming Tavem License (City) $500.00 ■ Retail Gaming Tavern License (County) $500.00 ■ Retail Liquor Store License (City) $227.50 ■ Retail Liquor Store License (County) $312.50 ■ Tavern License (City) $500.00 Tavern License (County) $500.00 ■ Vintners Restaurant License (City) $750.00 ■ Vintners Restaurant License (County) $750.00 ■ Arts License (City) $308.75 • Arts License (County) $308.75 • Beer and Wne License (City) $351.25 • Beer and Wine License (County) $436.25 • 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 IIIHotel 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 2015-3518 LC 00 DR 8404 (05/07/09) Page 2 APPLICATION DOCUMENTS CHECKLIST AND WORKSHEET Instructions: This check list should be utilized to assist applicants with filing all required documents for licensure. All documents must be properly signed and correspond with the name of the applicant exactly. All documents must be typed or legibly printed. Upon final State approval the license will be mailed to the local licensing authority. Application fees are nonrefundable. ITEMS SUBMITTED, PLEASE CHECK ALL APPROPRIATE BOXES COMPLETED OR DOCUMENTS SUBMITTED I. APPLICANT INFORMATION A. Applicant/Licensee identified. NE B. State sales tax license number listed or applied for at time of application. Ni] C. License type or other transaction identified. `W� D. Return originals to local authority. \ \LJ E. Additional information may be required by the local licensing authority. II. DIAGRAM OF THE PREMISES V A. No larger than 8 1/2" X 11". N B. Dimensions included (doesn't have to be to scale). Exterior areas should show control (fences, walls, etc.). `f C. Separate diagram for each floor (if multiple levels). D. Kitchen - identified if Hotel and Restaurant. III. PROOF OF PROPERTY POSSESSION • A. Deed in name of the Applicant ONLY (or) esB. Lease in the name of the Applicant ONLY. .30 . Lease Assignment in the name of the Applicant (ONLY) with proper consent from the Landlord and acceptance by the Applicant. • D. Other Agreement if not deed or lease. IV. BACKGROUND INFORMATION AND FINANCIAL DOCUMENTS Nci A. Individual History Record(s) (Form DR 8404-I). • B. Fingerprints taken and submitted to local authority. (State authority for master file applicants.) \^ 'f J C. Purchase agreement, stock transfer agreement, and or authorization to transfer license. NW D. List of all notes and loans. V. CORPORATE APPLICANT INFORMATION (If Applicable) A. Certificate of Incorporation (and/or) • B. Certificate of Good Standing if incorporated more than 2 years ago. ❑ C. Certificate of Authorization if foreign corporation. • D. List of officers, directors and stockholders of parent corporation (designate 1 person as "principal officer"). VI. PARTNERSHIP APPLICANT INFORMATION (If Applicable) • A. Partnership Agreement (general or limited). Not needed if husband and wife. VII. LIMITED LIABILITY COMPANY APPLICANT INFORMATION (If Applicable) • A. Copy of articles of organization (date stamped by Colorado Secretary of State's Office). ❑ B. Copy of operating agreement. • C. Certificate of Authority (if foreign company). VIII. APPLICATION MANAGER REGISTRATION FOR HOTEL AND RESTAURANT, TAVERN LICENSES WHEN INCLUDED WITH THIS • A. $75.00 fee. NC B. Individual History Record (DR 8404-I). 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. ■ e ❑ e 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. • LJ 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. �,�,/ • �J 12. Does the Applicant, as listed on line 2 of this application, arrangement? j, have legal possession of the premises by virtue of ownership, lease or other Detail) \ — 'ICJ ■ — • Ownership Lr�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 ci1 LF'i) Tenant 1--�oi�� -- -{ 4.Ocrtear\A- , ik)0fck( Expires r°I \iO b. Is a percentage of alcohol sales included as compensation to the landlord? If yes complete question 13. •EI 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 `/ Low, Lt,e dbo, U Qtr/j,�Q,Vf,(s First Name I` Date of Birth FEIN or SSN / t5041a Interest/Pee%centage Last Name 1 N First a 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) • 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 422' First Name of Manager rr�iti I Date of Birth 0( Does this manager acas t manager of, or have a financial interest in, any other liquor licensed establishment in the State of CI Colorado? If yes, provide name, type of license and account number. Name Type of License Account Number 19. Tax Distraint Information. Does the applicant or any other person listed on this application and including its partners, officers, directors, stockholders, members (LLC) or managing members (LLC) and any other persons with a 10% or greater financial interest in the applicant currently have an outstanding tax distraint issued to them by the Colorado Department of Revenue? If yes, provide an explanation and include copies of any payment agreements. ■ 3 20. If 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 ('o k 4T7 --f„.4-0r\ SELL► ✓OO osition c),,){LQ,r' %Owned (OC%/. -11/4)1 fri.. e S Name J Home Address, City & State Q7 ozAL" d� DOB Position % Owned Name Home Address, City & State DOB Position °/0 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, " Corporations - The President, Vice -President, *` If total ownership percentage disclosed here please list the designated principal officer on question #20 Secretary and Treasurer must be accounted for on question #20 (Include ownership percentage if applicable) does not total 100%, applicant must check this box: these disclosed herein, owns 10% or more of the applicant, and does not have ownership in a prohibited • Applicant affirms that no individual other than 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 comp) ions of the Colorado Liquor or Beer Code which affect my license. Authorized Si Pn ted�am�e and Titl C.- A -(/ P S DDat l' (, -71)t and Approval of Local Licensing Authority (City/County) Report Date application filed with local authority 1 ,�I 17, 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.) O� ,q aol5 The Local Licensing AuthdFity Hereby Affirms that each person required to file ►'T Been fingerprinted IXIBeen subject to background investigation, including NCIC/CCIC check for That the local authority has conducted, or intends to conduct, an inspection of compliance with, and aware of, liquor code provisions affecting their class of (Check One) )) X Date of inspection or anticipated date l(A DR 8404-I (Individual story ecord) has: outstanding warrants the proposed premises to ensure that the applicant is in license licensing authority • Will conduct inspection upon approval of state 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, Colorad. Telephone Number 970-336-4000/x42C • Town, City _ 7 bounty Sig;•' re ,� y . Afi a ara Kirkmeyer Title Chair, Board of Weld Co CommissionersOCT Date 2 .-tuurre attest) �j�, j • .Ni%N mil/ (� /. �- P^ , - - E. Gesick Title Clerk to the Board Date OCT 2 20t 8 X11! 02-41/.1--kJ5ii 4 Colorado Department of Public Health and Environment AFFIDAVIT - RESTRICTIONS ON PUBLIC BENEFITS I, E\\Acck `t \QkQS the State of Colorado that (check o Er o , swear or affirm under penalty of perjury under the laws of I am a United States citizen, or I am a Permanent Resident of the United States, or I am lawfully present in the United States pursuant to Federal law. 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. ignature Firm's Legal Name: Firm's Site Address: Date Street Unit City SO?J4 Zip COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division 1375 Sherman St, Denver CO 80261 September, 2005 AFFIDAVIT OF TRANSFER AND STATEMENT OF COMPLIANCE Pursuant to the requirements of 12-47-303(3)(b), Colorado Revised Statutes, Licensee hereby states that all accounts for alcohol beverages sold to the Applicant are: Paid in full. There are no outstanding accounts with any Colorado Wholesalers. ❑ Licensee hereby certifies that the following is a complete list of accounts for alcohol beverages that are unpaid: Licensee and Applicant agree that all accounts will be paid for from the proceeds at closing by the: El Licensee El Applicant Licensee unavailable to certify disposition of accounts for alcohol beverages - Inventory list attached. Transfer by operation of law - Regulation 47-304. ❑ Applicant will assume full responsibility for payment of the outstanding accounts as listed above. No alcohol beverage inventory transferred or sold. Licensee hereby authorizes the transfer of its Colorado Retail Liquor License to the Applicant, its agent, or a company, corporation, partnership or other business entity to be formed by the Applicant. Dated this day of_ (20(5 . Seller: '64,4tif- [Lc yZn1-7c tc0002 Licensee & License Number Buyer: -t- Applicant E't Ca fet( Trade Trade n� VoJtUpActS N1 cLib Signaure PositiN4A3‘i)X on \,\\\ ()xi-) Print Name ignaiure Position ajl 14, Print Name Must oolloct texas for: SALES TAX LICENSE ucesose ROUST HE FOLIO _ .�► CONSMUOUS PLACE EL CAPORAL 101e3 TURNER( i FIERA ENTERTA 10763 TURNER BLVD UNIT l.4Nt3Mt?NT CO gQ504-624 August 2015 Dear Sir or Madam, I am writing this reference for Elvira Reyes Calletano, whom I have known for approximately one year. I have lived in Colorado for over thirty-nine years and have worked in education for the last fifteen years. In addition to my teacher licensure, I have a Masters' Degree from the University of Northern Colorado. I was hired through a tutoring company to tutor her kindergarten -aged daughter at Elvira's place of residence. During these sessions which totals over 250 hours at her home, I found Elvira to be responsible, efficient and caring. Additionally, Elvira is a cheerful, friendly and business -minded individual. Please feel free to contact me for additional information if needed. Thank you for your consideration, Carol Cresente PO Box 151048, Lakewood CO 80215 720-435-7983 Teacher_cc@comcast.net To Whom It May Concern; I've known Elvira Reyes for over 4 years, I know her in a personal manner and business manner. She's a very dedicated, caring and loving mother. She's always working hard to make sure her family has all the necessary things in life. She'll do whatever it takes to make sure they her family is safe and she is a great role model. Knowing Elvira in a business setting she always demonstrates a high quality of work ethic and she has great work abilities. She's dependable, trustworthy and honest. I strongly support Elvira to obtain a liquor license to work for whatever future plans she has for her and her family. Please feel free to call me with any questions at 720-232-2158 Sincerely, V 6 E Adan Vargas August 14, 2015 To whom it may concern: My name is Teresa E. Rodriguez president of Rodriguez Administrative Services. Address 23437 E. Saratoga Cr. Aurora CO 80016. I confirm that I have known Elvira Reyes Calletano and her family for about 15 Years. Mrs. Reyes Calletano has been a true faithful friend, dependable, reliable, hard-working, honest, and always willing to help others. I am happy to provide further information if required. Yo T s faithfully, eresa E. Rodrigu DR 8404-I (01/06/05) COLORADO DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION 1881 PIERCE STREET RM 108A DENVER CO 80261 INDIVIDUAL HISTORY RECORD To be completed by each individual applicant, all general partners of a partnership, and limited partners owning 10% (or more) of a partnership; all officers and directors of a corporation, and stockholders of a corporation owning 10% (or more) of the stock of such corporation; all limited liability company MANAGING members, and officers or other limited liability company members with a 10% (or more) ownership interest in such company and all managers of a Hotel and Restaurant or a Tavern License. NOTICE: This individual history record provides basic information which is necessary for the licensing authority investigation. All questions must be answered in their entirety or your application may be delayed or not processed. EVERY answer you give will be checked for its truthfulness. A deliberate falsehood or omission will jeopardize the application as such falsehood within itself constitutes evidence regarding the character of the applicant. 1. Name of Business er'cc Tn4 e r t YNm e.1141t LC- Vo O• - C.cc po�'a 2. Your Full Name (last, first, middle) p$ 11vi fa 3. List any other names y u have used. Mei-cc:Plo 4. Mailing address if different from residence) Home Telephone 111tio 5. List all residence addresses below. Include current and previous addresses for the past five years. STREET AND NUMBER CITY, STATE, ZIP FROM TO Current LAI-z E -\i, s-\. a , a 7 02-1i4 -St1y,Q.O 4p pi510 e'e,s,,A-4- J - 0.10.1 Previous st34 - Lak-wrl d( KUcd � atwo0t , CO ?W-) q 6. List allcurrentand former employersbr businesses engaged in within the last five years (Attach separate sheet if necessary NAME OF EMPLOYER ADDRESS (STREET, NUMBER, CITY, STATE, ZIP) POSITION HELD FROM TO n ��ta or rah �Jlo�O or o t �Soa,4 W1C.OG� ar- aO►k &cX ao1- 49_0(1 `eTOfA-D "igif fiGibki crick 5\v\ id€ n ''..`v4 tAwe00 �1 n Gte,r 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 8. Have you ever applied for, held, or had an interest in a State of Colorado Liquor or Beer License, or loaned money, furniture or fixtures, equipment or inventory, to any liquor or beer licensee? If yes, answer in detail. Yes I<o 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 U.S.? If yes, explain in detail. Yes 10. Have you ever been convicted of a crime or received a suspended sentence, deferred sentence, or forfeited bail for any offense in criminal or military court or do you ha�y, any charges pending? Include arrests for DUI and DWAI. (If yes, explain in detail.) ❑Yes [,lo 11. Are you currently under probation (supervised or unsupervised), parole, or completing the requirements of a deferred sentence? (if yes, explain in detail.) Yes o 12. Have you er had any STATE issued licenses suspended, revoked, or denied including a drivers license? (If yes, explain in detail.) ❑ Yes No PERSONAL AND FINANCIAL INFORMATION Unless otherwise provided by law in 24-72-204 C.R.S., information provided below will be treated as CONFIDENTIAL. Colorado liquor licensing authorities require the following personal information in order to determine your suitability for licensure pursuant to 12-47-307 C.R.S. 13a. Date of Birth c. Place of Birth oz_...A c.d MaP6 CC) d. U.S. Citizen? ❑ Yes L e. If Naturalized, State where olio., t f. When ry /A g. Name of District Court N /A -- h. Naturalization Certificate Number N) I. Date of Certification N/IP( j. If an Alien, Give Alien's Registration Card Number k. Permanent Residence Card Number I, Height 5` , m. Weight laS n. Hair Color '610031\ o. Eye Color ttra..pn p. Sex f q. Race 4 r. Do you have a current Driver's License? If so, give number and state s ❑No 14. Financial Information. / a. Total purchase price $$1p0�000 (if buying an existing business) or investment being made by the applying entity, corporation, partnership, limited liability company, other $ U, aZ, alo a .O6 b. List the total amount of your investment in this business including any notes, loans, cash, services or equipment, operating capital, stock purchases and fees paid $ 4a, awe • O' c. Provide details of Investment. You must account for the sources of ALL cash (how acquired). Attach a separate sheet if needed. Type: Cash, Services or Equipment Source:Name of Bank; Account Type and Number /Amount iV/xi ga, 01 10c9._, fast l UtCense Fiaes d. Loan Information (attach copies of all notes or loans) Name of Lender and Account Number Address Term Security Amount II LO AO Y', 1 -AL 1OaCk Oa" CrOAIkin Dr. 5'1" O / rV1`''N-14(A- N ID rnDh-14^S cb ;o O Oacegwa , Co J IS0Si L( 15. Give name authorized of bank where business account will be maintained; Account Name and Account Number; and the name or names of persons to draw drthereon. s -\--,“--jo 3 cat, u_.. , lv i %e.„ 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. Authorized Sianaturer" �. I Title rte, I Date OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Fiera Entertainment is a Limited Liability Company formed or registered on 08/11/2015 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20151518762 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/20/2016 that have been posted, and by documents delivered to this office electronically through 01/24/2016 @ 22:12:56 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 01/24/2016 @ 22:12:56 in accordance with applicable law. This certificate is assigned Confirmation Number 9469454 Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option. the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, http://www.sos.state.co.us/biz✓CerttftcateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:// www.sos.state.co.us/click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF DOCUMENT FILED I, Wayne W. Williams , as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, the attached document is a true and complete copy of the Articles of Organization with Document # 20151518762 of Fiera Entertainment Colorado Limited Liability Company (Entity ID # 20151518762 ) consisting of 3 pages. This certificate reflects facts established or disclosed by documents delivered to this office on paper through 01/20/2016 that have been posted, and by documents delivered to this office electronically through 01/24/2016@ 22:15:34. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 01/24/2016 @ 22:15:34 in accordance with applicable law. This certificate is assigned Confirmation Number 9469459 Secretary of State of the State of Colorado *********************************************End of Certificate******************************************* Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State's Web site, hup://www.sos.state.co.us/biz/CertrficateSearchCriteria.do entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site. http://www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. -Fled Colorado Secretary of State Date and Time: 08/11/2015 06:30 PM ID Number: 20151518762 Document number: 20151518762 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) 1. The domestic entity name of the limited liability company is Fiera Entertainment (The name of a limited liability company must contain the term or abbreviation "limited liability company", "ltd. liability company", "limited liability co.", "ltd liability co.", "limited", "Ile.", "llc", or "ltd ". See §7-90-60I, CRS.) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information) 2. The principal office address of the limited liability company's initial principal office is 10763 Turner Blvd Unit #1 Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Longmont CO 80504 (City) (Province — if applicable) (State) (ZIP/Postal Code) United States (Country) (City) (State) (ZIP/Postal Code) (Province — if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) or (if an entity) Reyes Elvira (Last) (First) (Middle) (Suffix) (Caution: Do not provide both an individual and an entity name) 10763 Turner Blvd Unit #1 Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (Street number and name) Longmont co 80504 (City) (State) (ZIP Code) ARTORG_LLC Page 1 of 3 Rev. 12/01/2012 CO (City) (State) (ZIP Code) (The following statement is adopted by marking the box.) fl The person appointed as registered agent has consented to being so appointed. 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) or (if an entity) (Caution: Do not provide both an individual and an entity name.) 10763 Turner Blvd Unit #1 Reyes Elvira (Last) (First) (Middle) (Suffix) Mailing address (Street number and name or Post Office Box information) Longmont CO 80504 (City) (State) (ZIP/Postal Code) United States (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box.) n one or more managers. or n the members. 6. (The following statement is adopted by marking the box.) n There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (if the following statement applies, adopt the statement by entering a date and if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour: minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the prganic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. ARTORG_LLC Page 2 of 3 Rev. 12/01/2012 This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Reyes Elvira (Last) (First) (Middle) (Suffix) 10763 Turner Blvd Unit #1 (Street number and name or Post Office Box information) Longmont CO 80504 (City) (State) United States (Province — if applicable) (Country) (ZIP/Postal Code) (If the following statement applies, adopt the statement by marking the box and include an attachment.) n This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 12/01/2012 w cD a ®0400 0 000 3a EL C, ?o6ZAL n�I va' 4ia'A 9 ct, � �fA f Cl 6 O O O 0 0 0 1 PROMISSORY NOTE Borrower: Fiera Entertainment Dba El Caporal Elvira Reyes of 1472 Eaton St, Lakewood, CO, 80214 (the "Borrower") Lender: Lonestar, LLC dba Vaqueras Night Club of 1029 GLEN CREIGHTON DR, DACONO, CO, 80514 (the "Lender") Principal Amount: $50,000.00 USD 1. FOR VALUE RECEIVED, The Borrower promises to pay to the Lender at such address as may be provided in writing to the Borrower, the principal sum of $50,000.00 USD, without interest payable on the unpaid principal. 2. This Note will be repaid in consecutive monthly installments of $5,000.00 each commencing on October 5th, 2015 and continuing on the fifth of each following month until July 5th, 2016 with the balance then owing under this Note being paid with the last installment. 3. At any time while not in default under this Note, the Borrower may pay the outstanding balance then owing under this Note to the Lender without further bonus or penalty. 4. Notwithstanding anything to the contrary in this Note, if the Borrower defaults in the performance of any obligation under this Note, then the Lender may declare the principal amount owing and interest due under this Note at that time to be immediately due and payable. 5. All costs, expenses and expenditures including, and without limitation, the complete legal costs incurred by the Lender in enforcing this Note as a result of any default by the Borrower, will be added to the principal then outstanding and will immediately be paid by the Borrower. In the case of the Borrower's default and the acceleration of the amount due by the Lender all amounts outstanding under this Note will bear interest at the rate of 10.00 percent per annum from the date of demand until paid. 6. If any term, covenant, condition or provision of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the Page 1 of 2 Promissory Note Page 2 of 2 provision reasonable and enforceable and the remainder of the provisions of this Note will in no way be affected, impaired or invalidated as a result. 7. This Note will be construed in accordance with and governed by the laws of the State of Colorado. 8. This Note will enure to the benefit of and be binding upon the respective heirs, executors, administrators, successors and assigns of the Borrower and the Lender. The Borrower waives presentment for payment, notice of non-payment, protest and notice of protest. 9. If the loan monthly payment of $5000 is not received by the due date a $500 fee will be added to the payment and so on each monthly payment is no received plus any other legal fees. If the tenants failure to perform (default) on the conditions established in the original purchase agreement the tenant will surrender possession of the inventory and equipment listed in the original purchase agreement the date the lender asks the borrower to do so. IN WITNESS WHEREOF the Borrower has duly affixed their signatures under seal on this 9th day of September, 2015. SIGNED, SEALED, AND DELIVERED this 9th day of September, 2015 in the presence of: E. SUSAN PFISTER NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20084038384 MY COMMISSION EXPIRES 0W21/2018 (seal) A NOTARY PUBLIC IN AND FOR The State of Colorado l.1 c U eo 41/ Address SO( l `-tre(( Dr - Telephone 3Q5 433 -?1T7 e Fiera E Reyes nnient Dba El Caporal Elvira ©2002-2015 LawDeoot.com PURCHASE OF BUSINESS AGREEMENT THIS PURCHASE OF BUSINESS AGREEMENT (the "Agreement") made and entered into this 9th day of September, 2015 (the "Execution Date"), BETWEEN: Lili Jara of 1029 GLEN CREIGHTON DR, DACONO, Colorado 80514 (the "Seller") OF THE FIRST PART and Elvira Reyes of 1472 Eaton St, Lakewood, Colorado 80233 (the "Purchaser") OF THE SECOND PART BACKGROUND A. The Seller is the owner of Lonestar, LLC of 10763 Turner Blvd. Unit 1, Longmont, Colorado 80504 (the "Business"), which carries on the business of Night Club, Bar under the operating name Vaqueras Night Club in the State of Colorado. B. The Seller owns the assets of the Business and desires to sell certain assets (the "Assets"), to the Purchaser, subject to any exclusions set out in this Agreement and the Purchaser desires to buy the Assets. a« S SERATION of the provisions contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which consideration is acknowledged, the Parties agree as r rag'G 1 01 1.) Purchase of Business Agreement Page 2 of 15 Definitions 1. The following defmitions apply in the Agreement: a. The "Assets" consists of the following: i. All equipment used in carrying on the Business. ii. All inventory and packaging. iii. Establish Business. and does not include any Excluded Assets. b. "Closing" means the completion of the purchase and sale of the Assets as described in this Agreement by the payment of agreed consideration, and the transfer of title to the Assets. c. "Excluded Assets" means assets that are owned by the Seller but do not form any part of the Assets for the purpose of this transaction. Excluded Assets will include the following: i. Cash items held by the Seller including, but not limited to, cash bank balances, and term deposits. ii. Securities held by the Seller including, but not limited to, shares notes, bonds, and debentures. iii. Records in the possession of the Seller relating to the excluded assets and corporate and financial records which are not related to carrying on the activities of the Business. iv. Accounts receivable and all other monies owed to the Seller due to operation of the Business. d. "Parties" means both the Seller and the Purchaser and "Party" means any one of them. Purchase of Business Agreement Page 3 of 15 Sale 2. Subject to the terms and conditions of this Agreement, and in reliance on the representations, warranties, and conditions set out in this Agreement, the Seller agrees to sell the Assets to the Purchaser and the Purchaser agrees to purchase the Assets from the Seller. Purchase Price 3. The Parties agree that the Purchase Price for the Assets will be allocated among the Assets as follows subject to required adjustments that are agreed upon by the Parties: Business Equipment $30,000.00 Inventory and packaging $10,000.00 Establish Business $20,000.00 Sub -Total $60,000.00 State Sales Tax 0% (Reg. #: ) $0.00 Purchase Price $60,000.00 The Parties agree to co-operate in the filing of elections under the Internal Revenue Code and under any other applicable taxation legislation, in order to give the required or desired effect to the afilocation of the Pnrchace Prim Closing 5. The Closing of the purchase and sale of the Assets will take place on September 9, 2015 (the "Closing Date") at the offices of the Seller or at such other time and place as the Parties mutually agree. Atst } __ mil_ .. T -111T .L. _ _ _._ _._.. _ 1—.I._ ,_ d19S?d5 }}3r 9 —}?d '3 S_�}Si ?YiE 9?S. ?V _le purchaseprice in 4Z_?ll ti?x-11 .t.-. ® ite. will deliver the Assets to the Purchaser. The Seller will deliver to the Purchaser possession of the Assets, free and clear of any Iienc charges, rights of third parties_ or any other encumbrances. except those attached as a result of the Purchaser's actions. At S lo'szit2fT /I upon the ;17, will provide the Purchaser with duly executed forms and documents evidencing transfer of the r Assets, rc where re reci ire including, but not limited to . �.,.,...�, ......_.....y»_...� �__...-..tea, »., �..,. _...u...� .�, r cfl r,n o Ccdrrr}m.fln c t] c,ddro,,rr-c or+.s consents. The Seller will also co-operate with the Purchaser as needed in order to effect the Purchase of Business Agreement Page 4 of 15 required registration, recording, and filing with public authorities of the transfer of ownership of the Assets to the Purchaser. Payment 8. The Purchase Price for the Assets will be paid by the Purchaser in a lump sum payment of $10,000.00 US Dollars in the form of a certified check, a wire transfer, or a bank draft of immediately available funds and by a promissory note (the "Promissory Note") in the form attached, in the amount of $50000 US Dollars made out to the Seller. 9. The Purchaser is responsible for paying all applicable taxes, including federal sales tax, state sales tax, duties, and any other taxes or charges payable that are necessary to give effect to the transfer of the Assets from the Seller to the Purchaser. Seller's Representations and Warranties 10_ The Seller represents and warrants to the Purchaser that: 'Ptr .. l�..11�.« j..„r. x.11 cL. iiii Y]"v tia1.-i itiii i' bL9.i u.Y Li iiiiiijr tit L:.ttii :.?.... vl� iLJ Agreement. •rt. -4'44,- A I_ iiv uviivi i3 Lii"v ilii3vi Ut'v vi.livv iiiacl vr. i.ii.i 'JI LIi 1:a.?v LC", +t, +;+1,. Li , free and clear of any liens, charges, encumbrances or rights of others. The Seller is exehicively entitled to nnecesc and dicnnce of the ASSetc c. To the best knowledge of the Seller there is no pending or anticipated claim against the Assets or against the Seller's ownership or title in the Assets or against the Seller's right to dispose of the Assets. d. No third party contract is outstanding that could result in a claim against or affecting the Assets in whole or in part either now or in the future. ter,t 1 .. ... ti:.+.-.. a;� 1 iiW Li LLJ1iiLJJ iiiii+J 11LiL Lii1YL =Lllj• % ULJ 4.LLi iiiiti \. JiiLi LZL LJ, 6.6C1 it Wittir tiLJ, iii L+ii1111111 e.111Y.t1LJ Lii. Liltj' kind, written or oral, with any third party regarding the Assets, except for the material r.nntrartc deserihetl in_ and attaeherl to this Agreement- The ze ler renrecentc and warrants that no default or breach exists with regard to any presently outstanding material contract. Purchase of Business Agreement Page 5 of 15 f. Execution of this Agreement will not hinder or unfairly disadvantage any pre-existing creditor. g. There has been no act or omission by the Seller that would give rise to any valid claim relating to a brokerage commission, finder's fee, or other similar payment. h. The Seller is a resident of the United States for the purposes of the Internal Revenue Code. i. The Business has withheld all amounts required to be withheld under income tax legislation and has paid all amounts owing to the proper authorities. I• The Business is not bound by any written or oral pension plan or collective bargaining agreement or obligated to make any contributions under any retirement income plan, deferred profit sharing plan or similar plan. k. The Business will not hire any new employees, or substantially change the role or title of any existing employees, provide unscheduled or irregular increases in salary or benefits to employees, or institute any significant changes to the terms of any employees' employment, after signing this Agreement, unless the Purchaser provides written consent. 1. There are no claims threatened or pending against the Business by any current or past employee relating to any matter arising from or relating to the employment of the employee. m. The Assets, while owned by the Seller, have been maintained at all times in accordance with standard industry practice. The Seller further warrants that all tangible assets are in good working order. n. The Business is operating in accordance with all applicable laws, rules, and regulations of the jurisdictions in which it is carried on. In compliance with such laws, the Seller has duly licensed, registered, or qualified the Business with the appropriate public authorities. o. The Business maintains insurance policies on the Assets, of full force and effect, and of adequate value as would be reasonable in its industry. The Business has neither defaulted under these insurance policies, as a result of failure to pay premiums or due to any other ranse nor has the Business failed to c'ive notice or make a AIim under these insornnee Purchase of Business Agreement Page 6 of 15 policies in a timely manner. P. q. The Business owns or is licensed to use all necessary software and it can continue to use any and all computerized records, files and programs into the foreseeable future in the same manner as before the Closing Date. The Business has filed all tax reports and returns required in the operation of the Business and has paid all taxes owed to all taxing authorities, including foreign taxing authorities, except amounts that are being properly contested by the Seller, the details of this contest having been provided to the Purchaser. r. This Agreement has been duly executed and delivered by the Seller and constitutes a legal and binding obligation of the Seller, enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy and insolvency, by other laws affecting the rights of creditors generally, and by equitable remedies granted by a court of competent jurisdiction. 11. The representations and warranties given in this Agreement are the only representations and warranties. No other representation or warranty, either expressed or implied, has been given by the Seller to the Purchaser, including, without limitation, any representations or warranties regarding the merchantability of the Assets or their fitness for a particular purpose. 12. The Seller warrants to the Purchaser that each of the representations and warranties made by it is accurate and not misleading at the Closing Date. The Seller acknowledges that the Purchaser is entering into this Agreement in reliance on each warranty and representation. 13. The Seller's representations and warranties will survive the Closing Date of this Agreement for a period of one year, after which time, if no claim has been made by the Purchaser against the Seller regarding the breach or inaccuracy of a representation or warranty, the Seller will have no further liability with regard to any of the representations or warranties given in this Agreement. 14. Where the Purchaser has a claim against the Seller relating to one or more representations or warranties made by the Seller, the Seller will have no liability to the Purchaser unless the Purchaser provides notice in writing to the Seller containing full details of the claim on or before the third anniversary of the Closing Date_ Purchase of Business Agreement Page 7 of 15 15. Where the Purchaser has a claim against the Seller relating to one or more representations or warranties made by the Seller, and the Purchaser is entitled to recover damages from a third party then the amount of the claim against the Seller will be reduced by the recovered or recoverable amount less all reasonable costs incurred by the Purchaser in recovering the amount from the third party. Purchaser's Representations and Warranties 16. The Purchaser represents and warrants to the Seller the following: a. The Purchaser has full legal authority to enter into and exercise its obligations under this Agreement. b. The Purchaser has funds available to pay the full Purchase Price and any expenses accumulated by the Purchaser in connection with this Agreement and the Purchaser has not incurred any obligation, commitment, restriction, or liability of any kind, absolute or contingent, present or future, which would adversely affect its ability to perform its obligations under this Agreement. c. The Purchaser has not committed any act or omission that would give rise to any valid claim relating to a brokerage commission, finder's fee, or other similar payment. d. The Purchaser is a resident of the United States for the purposes of the Internal Revenue Code. e. This Agreement has been duly executed by the Purchaser and constitutes a legal and binding obligation of the Purchaser, enforceable in accordance with its terms, except as enforcement may be limited by bankruptcy and insolvency, by other laws affecting the rights of creditors generally, and by equitable remedies granted by a court of competent jurisdiction. f. The Purchaser has no knowledge that any representation or warranty given by the Seller in this Agreement is inaccurate or false. g. The purchaser was asked if there were any issues from preventing her for acquiring the required liquor and any other state and county licenses and she replied no. Her deposit of $10,000 will not be returned if by any means the required liquor and any other state and Purchase of Business Agreement Page 8 of 15 county licenses are denied. 17. The representations and warranties given in this Agreement are the only representations and warranties. The Purchaser has given no other representation or warranty, either expressed or implied, to the Seller. 18. The Purchaser warrants to the Seller that each of the representations and warranties made by it is accurate and not misleading at the date of Closing. The Purchaser acknowledges that the Seller is entering into this Agreement in reliance on each warranty and representation. 19. The Purchaser's representations and warranties will survive Closing for a period of one year, after which time, if no claim has been made by the Seller against the Purchaser regarding the breach or inaccuracy of a representation or warranty, the Purchaser will have no further liability with regard to any of the representations or warranties given in this Agreement. 20. Where the Seller has a claim against the Purchaser relating to one or more representations or warranties made by the Purchaser, the Purchaser will have no liability to the Seller unless the Seller provides notice in writing to the Purchaser containing full details of the claim on or before the third anniversary of the Closing Date. 21. Where the Seller has a claim against the Purchaser relating to one or more representations or warranties made by the Purchaser, and the Seller is entitled to recover damages from a third party then the amount of the claim against the Purchaser will be reduced by the recovered or recoverable amount less all reasonable costs incurred by the Seller in recovering the amount from the third party. Conditions Precedent to be Performed by the Purchaser 22. The obligation of the Seller to complete the sale of the Assets under this Agreement is subject to the satisfaction of the following conditions precedent by the Purchaser, on or before the Closing Date, each of which is acknowledged to be for the exclusive benefit of the Seller and may be waived by the Seller entirely or in part: a. All of the representations and warranties made by the Purchaser in this Agreement will be true and accurate in all material respects on the Closing Date. Purchase of Business Agreement Page 9 of 15 b. The Purchaser will obtain or complete all forms, documents, consents, approvals, registrations, declarations, orders, and authorizations from any person or any governmental or public body, required of the Purchaser in connection with the execution of this Agreement. c. The Purchaser will execute and deliver the Promissory Note to the Seller. Conditions Precedent to be Performed by the Seller 23. The obligation of the Purchaser to complete the purchase of the Assets under this Agreement is subject to the satisfaction of the following conditions precedent by the Seller, on or before the Closing Date, each of which is acknowledged to be for the exclusive benefit of the Purchaser and may be waived by the Purchaser entirely or in part: a. All of the representations and warranties made by the Seller in this Agreement will be true and accurate in all material respects on the Closing Date. b. The Seller will obtain and complete any and all forms, documents, consents, approvals, registrations, declarations, orders, and authorizations from any person or governmental or public body that are required of the Seller for the proper execution of this Agreement and transfer of the Assets to the Purchaser. c. No substantial damage to or alteration of the Assets that would adversely affect their value will occur between the date this Agreement is signed and the Closing Date. d. The Seller will have obtained any necessary consents for assigning any leases to the Purchaser as well as providing estoppel certificates from such owners or landlords that there are no arrears of rent, no breaches under such leases and the amount of the security deposits held by such third parties. e. The Seller will execute and deliver bills of sale for the Assets in favor of the Purchaser. f. The Seller will provide the Purchaser with complete information concerning the operation of the Business, in order to put the Purchaser in a position to carry on in the place of the Seller. Purchase of Business Agreement Page 10 of 15 Disclosure 24. Upon the reasonable request of the Purchaser, the Seller will, from time to time, allow the Purchaser and its agents, counsel, accountant, employees, or other representatives to have unrestricted access to the premises of the Business and to all of the books, records, documents, and accounts of the Business, during normal business hours, between the date of this Agreement and the Closing Date, in order for the Purchaser to confirm the representations and warranties given by the Seller in this Agreement. Conditions Precedent Not Satisfied 25. If either Party fails to satisfy any condition precedent as set out in this Agreement on or before the Closing Date and the opposite Party does not waive that condition precedent, then this Agreement will be null and void and there will be no further liability as between the Parties. Employees 26. The Purchaser will not be offering employment to any existing officer or employee of the Business (the "Employees"). All individuals who are officers or employees of the Business up to and including the Closing Date will remain the full responsibility of the Seller. Any individual hired by the Business after the Closing Date will become the responsibility of the Purchaser. 27. The Seller will deliver to the Purchaser prior to the Closing Date, resignations of all Employees of the Business, each such resignation will be effective on the Closing Date. The Seller will pay all Employee compensation incurred by it up to and including the Closing Date including all salaries, benefits, bonuses and any other compensation of any kind owing to the Employees up to and including the Closing Date. The Seller will be responsible for all severance benefits, vacation days, sick days, personal days and other compensated time off accrued by all Employees up to and including the Closing Date. 28. The Seller is in compliance with all applicable foreign and domestic statutory rules and regulations respecting employment and employment practices and has withheld and reported all amounts required by law with respect to wages and salaries and the Seller is not liable for any accrued taxes or penalties and is not liable or in arrears to any government pension, social security or unemployment insurance authority. The Seller indemnifies the Purchaser for any future liabilities relating to employment and employment practices where the subject of the liability occurred prior to or on the Closing Date. Purchase of Business Agreement Page 11 of 15 Non -Competition 29. For a period of two years (the "Non -Competition Period") after the Closing Date, the Seller will not, either individually or in conjunction with any other person or business entity or in any other manner whatsoever, have interest in, enter employment with, lend money to, advise or permit its name to be associated with any business similar to or in competition with the Purchaser within a 50 mile radius of the Business. 30. If the Non -Competition Period is determined to be void or unenforceable by a court of competent jurisdiction then it is the intent of the Parties that the Non -Competition Period be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable. The Seller agrees that the Non -Competition Period is reasonable and all defenses to the enforcement of the Non -Competition Period are waived by the Seller. Non -Assumption of Liabilities 31. It is understood and agreed between the Parties that the Purchaser is not assuming and will not be liable for any of the liabilities, debts or obligations of the Seller arising out of the ownership or operation of the Business prior to and including the Closing Date. 32. The Seller will indemnify and save harmless the Purchaser, its officers, directors, employees, and agents from and against all costs, expenses, losses, claims, and liabilities, including reasonable legal fees and disbursements, or demands for income, sales, excise or other taxes, suffered or incurred by the Purchaser or any of the above mentioned persons arising out of the ownership or operation of the Business prior to and including the Closing Date. Transfer of Third Party Contracts 33. This Agreement should not be construed as an assignment of any third party contract from the Seller to the Purchaser if the assignment would be a breach of the third party contract. 34. The Purchaser will be solely responsible for acquiring new contracts with third parties where the existing contracts are not legally assignable from the Seller to the Purchaser. 35. Notwithstanding any other provision in this Agreement to the contrary, the Seller will not be liable for any losses, costs or damages of any kind including loss of revenue or decrease in value of the Business resulting from the failure of the Purchaser to acquire any third party contracts. Purchase of Business Agreement Page 12 of 15 Notices 36. Any notices or deliveries required in the performance of this Agreement will be deemed completed when hand -delivered, delivered by agent, or seven (7) days after being placed in the post, postage prepaid, to the Parties at the addresses contained in this Agreement or as the Parties may later designate in writing. Expenses/Costs 37. The Parties agree to pay all their own costs and expenses in connection with this Agreement. Confidentiality 38. The Seller and the Purchaser will hold confidential all information (the "Confidential Information") pertaining to this Agreement including, but not limited to, the terms of this Agreement, the Purchase Price, the Parties to this Agreement, and the subject matter of this Agreement as well as any written or oral information obtained about the respective Parties that is not currently in the public domain. Confidential Information will not include the following: a. Information generally known in the respective industries of the Purchaser and the Seller. b. Information that enters the public domain through no fault of the Purchaser or the Seller. c. Information that is independently created by the Purchaser or the Seller respectively without direct or indirect use of information obtained during the course of negotiations for this Agreement. d. Information that is rightfully obtained by the Purchaser or the Seller from a third party who has the right to transfer or disclose the information. 39. The Seller and the Purchaser may disclose any Confidential Information relating to this Agreement to any of its employees, agents and advisors where there is a need to know in relation to this Agreement and where the personnel agree to be legally bound by the same burdens of confidentiality. 40. The Seller agrees to indemnify the Purchaser against any and all harm suffered by the Purchaser for any breach of confidentiality by the personnel of the Seller. Purchase of Business Agreement Page 13 of 15 41. The Purchaser agrees to indemnify the Seller against any and all harm suffered by the Seller for any breach of confidentiality by the personnel of the Purchaser. 42. The confidentiality restrictions in this Agreement will continue to apply after the Closing Date of this Agreement without any limit in time. Severability 43. The Parties acknowledge that this Agreement is reasonable, valid, and enforceable; however, if any part of this Agreement is held by a court of competent jurisdiction to be invalid, it is the intent of the Parties that such provision be reduced in scope only to the extent deemed necessary to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected or invalidated as a result. 44. Where any provision in this Agreement is found to be unenforceable, the Purchaser and the Seller will then make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable substitute provision, the effect of which is as close as possible to the intended effect of the original invalid or unenforceable provision. Governing Law 45. This Agreement will be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction 46. The courts of the State of Colorado are to have jurisdiction to settle any dispute arising out of or in connection with this Agreement. General Provisions 47. This Agreement contains all terms and conditions agreed to by the Parties. Statements or representations which may have been made by any Party to this Agreement in the negotiation stages of this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value to either Party. Only the written terms of this Agreement will bind the Parties. 48. This Agreement may only be amended or modified by a written instrument executed by all of the Parties. Purchase of Business Agreement Page 14 of 15 49. A waiver by one Party of any right or benefit provided in this Agreement does not infer or permit a further waiver of that right or benefit, nor does it infer or permit a waiver of any other right or benefit provided in this Agreement. 50. This Agreement will not be assigned either in whole or in part by any Party without the written consent of the other Party. 51. This Agreement will pass to the benefit of and be binding upon the Parties' respective heirs, executors, administrators, successors, and permitted assigns. 52. The clauses, paragraphs, and subparagraphs contained in this Agreement are intended to be read and construed independently of each other. If any part of this Agreement is held to be invalid, this invalidity will not affect the operation of any other part of this Agreement. 53. All of the rights, remedies and benefits provided in this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law or equity. 54. Time is of the essence in this Agreement. 55. This Agreement may be executed in counterparts. 56. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa. IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this 9th day of September, 2015. SIGNED, SEALED, AND DELIVERED in the presence of: Witness: (Sign) Witness Name: Lili Jara (Seller) Purchase of Business Agreement Page 15 of 15 SIGNED, SEALED, AND DELIVERED in the presence of: Witness: (Sign) Witness Name: Elvira Reyes chaser) ©2002-2015 LawDeoot.comTM RRR&S LLP LEASE AGREEMENT THE LEASE AGREEMENT, MADE THIS 31st day of October,2016, by and between RRR&S,LLP, a Colorado Limited Liability Partnership, as Landlord, and Fiera Entertainment LLC, Colorado Limited Liability company, as Tenant. WITNESSETH, THAT, in consideration of the covenants here in, it is agreed: 1. LEASE OF PREMISES. The Landlord hereby leases to Tenant, and Tenant hereby leases from the landlord the following described property (the Leased Premises) considering approximately 2,700 square feet: Units 1 & 2, 10763 Turner Blvd. Longmont, Colorado 80504, subject to rights of Landlord retained herein. Together with all appurtenances thereto, and all furniture, fixtures, and lease hold improvements attached thereto, in present condition; and together with nonexclusive reasonable access across any other land owned by Landlord as may be required for use of the Leased Premises by Tenant, with such access to be on such roadways, sidewalks, and other common areas of which the leased premises are a part, or of any such adjacent lands owned by Landlord, as Landlord may from time to time designate. 2. CONDITION OF PROPERTY. Tenant has examined, and accepts the Leased Premises, building, improvements, and any fixtures, in present condition. No representation, statement, or warranty, express or implied, has been made by or on behalf of Landlord as to such condition, or as to the use that may be made of the Leased Premises. In no event shall the Landlord be liable for any defect in the Leased Premises or for any limitation on its use. Except as otherwise provided in the lease, Tenant shall return the Leased Premises to Landlord upon expiration or termination of this lease, in present condition, ordinary wear and tear accepted. 3. TERM. The term of this lease shall be 5 years, commencing at noon on October 31, 2016, and ending at noon on, October 31,2021. 3.1 Option Term. Tenant shall have the option to extend the term of this lease by giving written notice to the Landlord no later than 120 days prior to the end of the applicable previous term, for two additional 5 year periods each, under the 1 same terms and conditions set forth herein provided however in order to exercise such option, no default exists under the Lease, and provided that Tenant shall have no options after the expiration of the second option period. 3.2 Holdover. Should Tenant hold over and remain in possession of the Leased Premises after the expiration of this lease without the Landlord's consent, it shall not be deemed or construed to be a renewal or an extension of this lease but shall only operate to create a month to month tenancy at 150% of the then existing rent, which tenancy may be terminated by the Landlord at the end of month upon thirty days prior written notice to Tenant. 4. DELIVERY OF POSSESSION. Tenant is currently in possession of the Leased Premises having come into possession under a previous lease agreement. 5. RENTAL. Tenant shall pay to the Landlord, at such place as the Landlord may designate in writing the following rent. 5.1 Initial Term. Base rental of $3800.00 per month for 24 months. 5.2 Option Term. Rent for an applicable option term may be payable in monthly installments as set forth in Section 5.1. Thew Optional Term shall have a five percent annual increase effective on the anniversary date of the Lease. 5.3 Payment. All rental installments are due in advance on the first day of the month. If the lease term includes only a part of any month, rental for such part of a month shall be prorated accordingly. 5.4 Late Charge. Tenant will pay a late charge equal to five percent of any monthly rental payment not paid within 5 days of its due date or the first business day after a legal holiday if the due date falls on a legal holiday, whichever occurs first. Late payments in excess of seven days will be charged an additional 18% interest on the total amount that is past due from the beginning of each month. 5.5 Security Deposit. Upon execution of this Lease by Tenant, Tenant shall deposit with Landlord the amount of $6,000.00 to be held as security for the term of the lease. The security deposit shall be retained by Landlord and may be applied by Landlord, to the extent necessary, to pay and cover any loss, cost, damage or expense including attorney,s fees sustained by Landlord by reason of the failure of Tenant to comply with any provision, covenant or agreement of Tenant contained in this lease. To the extent not necessary to cover such loss, cost, damage or expense, the Security Deposit, without any interest thereon, shall be returned to Tenant within sixty (60) days after the expiration of the 2 Lease Term or as may be otherwise provided by law. The Security Deposit shall not be considered as an advance payment of rent or as a measure of the loss, cost, damage or expense which is or may be sustained by Landlord. In the event all or any portion of the security deposit is applied by Landlord to pay any such loss, cost, damage or expense, Tenant shall, from time to time, promptly upon demand, deposit with Landlord such amounts as may be necessary to replenish the security Deposit to its original amount. If there is a Default by Tenant more than two times in any twelve month period, whether or not such Default by Tenant id cures, the amount requires to be deposited with Landlord as a Security Deposit shall automatically be increased to three (3) times the amount set forth on the Lease and the payment of such increased amount shall be required in order to cure the Default, within the same time as the original non-payment or failure of performance which constituted the Default. 6. USE. Tenant may use and occupy the leased Premises as a night club/bar and shall not use or occupy nor permit the Leased Premises, or any part thereof, to be used or occupied for any unlawful business, use or purpose, nor for any business, use, or purpose deemed extra -hazardous or which would void or make voidable any insurance coverage, nor for any purpose or any manner which is in violation of any present or future governmental laws or regulations. It shall be Tenant's sole and exclusive responsibility to meet all fire and safety regulations of any governmental entity having jurisdiction over the Leased Premises, at Tenant's sole expense. It shall be Tenant's sole and exclusive responsibility to meet all licensing requirements of any governmental entity having jurisdiction over the Leased Premises or the use the Leased Premises is put. Tenant shall not allow any odors, fumes, or vibrations on the Leased Premises, or any noise thereon which would cause disruption of normal activities on adjacent premises. The Tenant shall indemnify the Landlord against all costs, expenses, liabilities, losses, damages, injunctions, suits, fines, penalties, claims, and demands, including reasonable attorney's fees, arising out of any violation of or default in this covenant by Tenant. Landlord shall use its best efforts to prevent odors, fumes, or vibrations on the premises controlled or leased to others by Landlord which would cause harm to the health Tenant. The foregoing, notwithstanding, Landlord' failure to prevent other parties from causing odors, fumes, or vibrations to emanate onto the Leased Premises shall not be a breach of this Lease. 7. POSSESSION AND QUIET ENJOYMENT. The Tenant, upon the payment of the rent herein reserved and upon the performance of all the terms of this lease, shall at all times during the lease term and during any extension or renewal term, peaceably and quietly posses and enjoy the Leased Premises without any disturbance from the Landlord or from any other person claiming through the Landlord. 3 8. MAINTENANCE AND REPAIRS. The Landlord shall be responsible for maintaining and repairing the exterior structural portions of the building in which the Leased Premises are located, paved parking areas, structural portions of the roof, all in their present condition at the sole cost and expense of the Landlord, except as otherwise provided herein. The Tenant is responsible for maintaining everything in the interior of the Leased Premises, including any electrical, heating, and plumbing fixtures, interior decorating and windows and doors, and is responsible for non-structural costs of repairing the roof. Tenant shall also be responsible, at its cost, for maintaining, repairing and replacing the roof top heating and air-conditioning units. Any damage to the property's interior or exterior caused by Tenants, or an employee or a customer of the Tenant shall be the Tenant responsibility to repair. Such repairs, interior and exterior, ordinary as well as extraordinary, shall be made promtly, as and when necessary. All such repairs shall be in quality and class at least equal to the original work. On default of the Tenant in making such repairs or replacements, the Landlord may, but shall not be required to make such repairs and replacements for the Tenant's account, and the expense thereof shall constitute and be collectable as additional rent, together with interest thereon at the rate of eighteen percent per annum until paid. Tenant shall not allow or permit any waste of the Leased Premises, and shall keep the Leased Premises free from accumulations of trash or debris. Tenant shall not store any items outside of any buildings on the Leased Premises without prior written consent from Landlord, and shall use only such storage areas as may be designated by Landlord. 9. CONDITIONS UPON SURRENDER. Upon the expiration of the term or exercised Option, or earlier termination of this Lease, Tenant shall vacate the Leased Premises in the same condition and repair in which the Leased Premises now is, ordinary wear and tear excepted, and shall remove all of the Tenant's property there from so that the Landlord can repossess the Leased Premises not later than noon on the day upon which this lease or any extension thereof ends, whether upon notice or by holdover or otherwise. The Landlord shall have the same rights to enforce this covenant by ejectment and for damages or otherwise as for the breach of any other condition or covenant of this lease. Except as otherwise provided herein, the Tenant may at any time prior to or upon the termination of this lease or any renewal or extension thereof, remove from the Leased Premises all materials, equipment, and property of every other sort or nature, installed by the Tenant thereon, provided that such property is removed without injury to the Leased Premises. Any such property not removed shall become the property of the Landlord. 10. ALTERATIONS. The Tenant shall have the right, from time to 4 time, to make all such nonstructural alterations and improvements to the Leased Premises as may be reasonably necessary or appropriate, for the conduct of the Tenant's business, provided that prior to commencement of any such work, the Landlord shall, in each case, approve in writing the plans and specifications for such work. All work performed by Tenant shall conform to all applicable governmental regulations and requirements, with all requirements and permits to be paid for by Tenant. If such work performed by Tenant causes damage to the structural portions or roof of the Leased Premises, than the costs of all maintenance and repairs to such damaged parts or roof of any such building shall thereafter be the responsibility of Tenant. Notwithstanding the fact that the alteration may be made by Tenant during the Lease term, the Tenant shall have the duty to return the Leased Premises upon termination or expiration of the lease, to the Landlord in the same condition as when received by the Tenant, ordinary wear and tear excepted; provided, however, that Landlord shall have the option to require Tenant to leave all such alterations, improvements, and fixtures in place, in which the same shall be and remain the property of Landlord. Further, in connection with any improvements and alterations to the Leased Premises, Tenant shall indemnify the Landlord from any lien arising out of any such work performed or materials furnished, and shall indemnify and hold harmless Landlord from liability or loss, of any type or nature, including reasonable attorney's fees, arising out of any lien or claim based on work performed by Tenant. Landlord shall also have the right to post a notice of non -liability for any such work, at appropriate places in the Leased Premises. 11. TAXES AND ASSESSMENTS. The Tenant shall be liable for and agrees to pay all of the personal property taxes and assessments levied or assessed against personal property and fixtures placed in or upon the leased premises by the Tenant. This paragraph is intended to include all the personal property taxes and assessments of every kind and nature whatsoever, which may be levied, imposed or assessed by any level of government, including municipal and county government, or by any special district. 12. UTILITIES. The Tenant shall pay all charges for gas and electricity in connection with the Leased Premises. Tenant shall contract for and place all utilities in Tenant's name. Landlord shall not be liable to Tenant in any way for an interruption in the provision of utilities to the Leased Premises. 13. INSURANCE. The Landlord shall keep the Leased Premises fully insured throughout the term of this lease. The Tenant shall maintain insurance as follows: 13.1. Liability. Liability insurance against claims for personal injury or property damage under a policy of general public liability insurance, with such limits as may be reasonably 5 requested by the Landlord from time to time, but not less than $1,000,000.00 in respect of bodily injury, and $500,000.00 on property damage. 13.2. Personal Property. The Tenant shall maintain insurance on all of the Tenant's personal property, tools, and equipment in or associated with the Leased Premises in an amount satisfactory to the Tenant and in any event shall hold the Landlord harmless against any loss or damage for any reason or from any source to said property, tools, and equipment. 13.3. Other Provisions Regarding Tenant's Insurance. All insurance required of Tenant in this lease shall be affected under enforceable policies issued by insurers of recognized responsibility licensed to do business in the State of Colorado. At least fifteen days prior to the expiration date of any such policy, the original renewal policy for such insurance shall be delivered by the Tenant to the Landlord. Within fifteen days after the premium on any policy shall become due and payable, the Landlord shall be furnished with satisfactory evidence of its payment. 13.4. Waiver of Subrogation. Landlord and Tenant each waive any and all rights of recovery against the other, or against the officers, employees, agents, and representatives of the other, for loss of or damage to such waiving party or its property or the property of others under its control, where such loss or damage is insured against under any insurance policy in force at that time of such loss or damage. Landlord and Tenant shall, upon obtaining the policies of insured required hereunder, give notice to the insurance carriers that the foregoing mutual waiver or subrogation is contained in this Lease. 14. RIGHT OF ENTRY. The Landlord and its representatives may enter the Leased Premises at any reasonable time for the purpose of inspecting the Leased Premises, performing any work which the Landlord elects to undertake made necessary by reason of Tenant's default under the terms of this lease, exhibiting the Leased Premises for sale, lease, or mortgage financing, or posting notices of no responsibility under any mechanic's lien law. Landlord does reserve the right to go upon and deal with the Leased Premises or any part thereof for the purpose of implementing a common development for any plan for any project of which the leased premises may be a part, and to install nonexclusive roadways and other street improvements for use by vehicles, pedestrians, and for parking; to undertake such drainage programs to handle underground surface drainage water and to try to make any other changes or improvements as Landlord may deem advisable in the exercise of Landlord's sole discretion; provided, however, that any such action by Landlord shall not unreasonably interfere with the rights of Tenant. 6 15. CASUALTY DAMAGE. If the Leased Premises is completely destroyed or so damaged by fire or other casualty as to render it unfit for use by Tenant, and repair or restoration is not economically feasible, or cannot be completed within 180 days from the dated of the event causing the damage or destruction, the Landlord or Tenant may terminate this lease on notice of at least ten days and no more than thirty days. If the lease shall so terminate, all basic and additional rent shall be apportioned to the date of termination. Except as otherwise provided in this article, if the Leased Premises or any part thereof shall be destroyed or damaged, and if this lease shall not be terminated pursuant to rights granted in this article, such damage or destruction shall not effect the provisions of this lease, any rule, law, or regulation to the contrary notwithstanding, and the Tenant's obligations under this lease, including the payment of basic rent and other charges, shall continue without abatement of any kind. 16. CONDEMNATION. If the Leased Premises or such portion thereof, is condemned which will make the Leased Premises unsuitable for the purpose herein leased, by any legally constituted authority, then in either of such events this lease shall cease from the time when possession is taken by such authority and rental shall be accounted for between the Landlord and the Tenant as of the date of the surrender of possession. Such termination shall be without prejudice to the rights of either the Landlord or the Tenant to recover compensation from the condemning authority for any loss or damage caused by such condemnation. Neither the Landlord nor the Tenant shall have any rights in or to any award made to the other by the condemning authority. 17. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign, mortgage, or encumber this lease, nor sublet or permit the Leased Premises or any part thereof to be used by others without the written consent of the Landlord in each instance. If this lease is assigned, or if the Leased Premises or any part thereof is sublet, or occupied by anyone other than the Tenant, the Landlord may, after default by the Tenant, collect rent from the assignee, sub -tenant, or occupant and apply the net amount collected against all rent herein reserved. No such assignment, subletting, occupancy, or collection shall be deemed a waiver of this covenant, or the acceptance of this assignee, sub -tenant, or occupant as tenant, or a release of Tenant from further performance by the Tenant of the covenants in this lease. The consent by the Landlord to an assignment or subletting shall not be construed to relieve the Tenant from obtaining the consent in writing of the Landlord to any further assignment or subletting. 18. SUBORDINATION TO MORTGAGE. This lease shall be subject and subordinate at all times to the lien of any existing mortgages and trust deeds and mortgages and trust deeds which hereafter may 7 be made a lien on the Leased Premises. Although no instrument or act on the part of the Tenant shall be necessary to effectuate such subordination the Tenant will nevertheless, execute and deliver such further instruments subordinating this lease to the lien of any such mortgages or trust deeds as may be desired by the mortgage or holder of such trust deeds. The Tenant hereby appoints the Landlord as its attorney in fact, irrevocably, to execute and deliver any such instrument for the Tenant. Tenant further agrees at any time and from time to time upon not less than ten days prior written request by Landlord, to execute, acknowledge, and deliver to Landlord a statement in writing certifying that this lease agreement is unmodified and is in full force and effect (or if there have been modifications, that the lease is in force and effect as modified, and stating the modifications); that there have been no defaults there under by Landlord or Tenant (or if there have been defaults setting forth the nature thereof), and the date to which the rent and other charges have been paid in advance, if any, it being intended that such statement delivered pursuant to this requirement may be relied upon by any prospective lender or by any prospective purchaser of all portion of Landlord's interest therein, or by the holder of any existing mortgage or deed of trust encumbering the leased premises. Tenant's failure to deliver such statement within such time shall be conclusive upon Tenant (1) that this lease is in full force and effect, without modification except as may be represented by Landlord; (2) that there are no uncured defaults in Landlord's performance; and (3) that not more than one month's rent has been paid in advance. Further, upon request, Tenant shall supply to Landlord a corporate resolution certifying that the Tenant is properly authorized to do so, if Tenant is a corporation. Tenant agrees with any mortgagee of Landlord and Landlord that if there is a foreclosure of the afore described mortgages or trust deeds for the use of the motgagee and pursuant to such foreclosure, the Public Trustee or other appropriate officer executes and delivers a deed to the mortgagee or its designee, to the Leased Premises, or in the event Landlord conveys the Leased Premises to the mortgagee or its designee, in lieu of foreclosure, Tenant will agree to such grantee of the Leased Premises, rather than to Landlord, to perform all of Tenants obligations under the Lease, and Tenant shall have no right to terminate the lease by reason of the foreclosure of the mortgage or trust deed or deed given in lieu thereof. 19. INDEMNITY. Tenant shall indemnify and hold harmless Landlord from and against all liabilities, penalties, damages, judgments, and expenses, including reasonable attorney's fees incurred by Landlord in defending or satisfying any claim of any type or nature including personal injury claims and property damage claims, arising out of the use, occupancy, or control of the Leased Premises or any of its appurtenances by Tenant. 8 The Tenant agrees that the Landlord shall not be liable for any damage or loss suffered because of the failure of any heating, plumbing or electrical fixtures. If, as outlined in this lease, the repair of the failed fixture is the Landlord's responsibility the Landlord will repair said fixtures as promptly as is reasonably possible, baring acts of God or other happenings beyond the Landlord's control. 20. HAZARDOUS MATERIALS INDEMNIFICATION. Tenant and its agents, employees, contractors and invitees shall not engage in any business wherein hazardous substances are used or any hazardous materials released or threatened to be released, including, but not limited to, the business of generating, transporting, storing, treating or disposing of hazardous substances or hazard waste except in conformance with all applicable laws and regulations concerning the use, storage and transportation of hazardous materials. Waste or Materials shall include, but not limited to, substances defined as hazardous substances in the Comprehensive Environmental response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et. Seq.; or Colo. Rev Stat. SEC. 25-16-101 et. Seq. or 25-15-101 et. Seq.; the Materials Transportation Act of 1975, 49 U.S.C. Sec.1801 et. seq.; and the Resource Conservation and Recovery Act of 1976, 42 U.S.C. Sec. 6901 et. seq. or any amendments or supplements thereto. The Leased Premises shall not be used for the storing or disposal of hazardous substances during the term of the lease except in conformance with all applicable laws and regulations concerning the use, storage and transportation of hazardous materials. Tenant shall comply with all applicable environmental laws, rules, and regulations concerning the Tenant's business. Tenant shall provide the Landlord copies of all reports required by environmental agencies within (15) fifteen days of filing. Landlord makes no representations that the Leased Premises is free from Hazardous Waste or Hazardous Material which would adversely affect the health of the Tenant, its agents, employees, or the Tenant's sub -lessee's or subtenants or their customers. Tenant hereby agrees to indemnify Landlord and hold Landlord harmless from and against any and all claims, losses, damages, liabilities, fines, penalties, charges, administrative and judicial proceedings and orders, judgments, remedial action requirements, enforcement actions of any kind and all costs and expenses incurred in connection therewith (including but not limited to attorneys'fees and expenses), arising directly or indirectly, in whole or in part, out of the presence on or under the Leased Premises, of any Materials (as defined herein) or any releases or discharges of any Materials by Tenant or any employees, agents, contractors or subcontractors of Tenant or 9 persons occupying or present on the Leased Premises, in connection with handling, treatment, removal, storage decoration, cleanup, transportation, or disposal of any Materials at any time located or present on, under or about the Leased Premises. The forgoing indemnity shall further apply to any residual contamination on or under the Leased Premises or affecting any natural resources and to any contamination of any of the Leased Premises and/or natural resources arising in connection with the generation, use, handling, storage, transport, or disposal of any such Materials and irrespective of whether any of such activities were or will be undertaken in accordance with applicable laws, regulations, codes, and ordinances. All obligations of Tenant hereunder shall survive and continue after the expiration of this lease or its earlier termination for any reason. For purpose of this Agreement, the terms disposal, release, threatened release, hazardous substance, and hazardous waste, shall mean and include any hazardous, toxic, or dangerous waste substance or material or any disposal, discharge, release or threatened release or any defined as such in any federal, state, or local statute, law, ordinance code, rule, regulations, or order or decree concerning any hazardous, toxic or dangerous waste, substance or material as now or at any time hereafter in effect. 21. Intentionally deleted. 22. DEFAULT. The occurrence of any of the following shall constitute an event of default: (1) Delinquency in the due and punctual payment of any rent payable under this lease when such rent shall become payable for a period of three days after written notice. (2) Delinquency by the Tenant in the performance or compliance with any conditions contained in this lease other than those referred to in the foregoing sub -paragraph (1), for a period of thirty days after written notice thereof from the Landlord to the Tenant, except for any default not susceptible of being cured within such thirty day period, in which event the time permitted to the Tenant to cure such default shall be extended for as long as shall be necessary to cure such default, provided Tenant commences promptly and proceeds diligently to cure such default, and provided further that such period of time shall not be so extended as to jeopardize the interest of the Landlord in this lease or so as to subject the Landlord or the Tenant to any civil or criminal liabilities. (3) Filing by the Tenant in any court pursuant to any statues, either of the United States or any state, a petition in bankruptcy or insolvency, or reorganization, or for the appointment of a receiver or trustee of all or a portion of the Tenant's property, or an assignment by the Tenant for the benefit of creditors. (4) Filing against the Tenant in any court pursuant to any statute, either of the United States or any state, of petition in bankruptcy or insolvency or for reorganization, or for appointment of a receiver or a trustee 10 of all or a portion of the Tenant's property, if within ninety days after the commencement of any such proceeding against the Tenant such petition shall not have been dismissed. (5) Conviction against the Tenant in Weld County or any other entity having jurisdiction over the Tenant and the Leased Premises for use of the Leased Premises in violation of the rules or laws of that entity. 22.1 Notice of Default. Upon the occurrence of any event of default, the Landlord at any time thereafter may give written notice to the Tenant specifying such event of default and stating that this lease shall expire on the date specified in such notice, which shall be at least three days after the giving of such notice, and upon the date specified in such notice this lease, and all rights of the Tenant shall terminate. Upon the expiration of this lease pursuant to this article, the Tenant shall peacefully surrender the Leased Premises to the Landlord, and the Landlord, upon or at any time after any such expiration, and without notice reenter the Leased Premises and repossess it by force, summary proceedings, ejectment, or otherwise, and may dispossess the Tenant and remove the Tenant and all other persons and property from the Leased Premises and may have, hold, and enjoy the Leased Premises and the right to received all rental income therefrom. 22.2 Expiration of Lease. At any time after any such expiration, the Landlord may relet the Leased Premises or any part thereof, in the name of the Landlord or otherwise, for such term (which may be greater or less than the period which would other wise have constituted the balance of the terms of this lease) and on such conditions (which may include concessions or free rent) as the Landlord, in its complete discretion, may determine, and may collect and receive the rent therefore. The Landlord shall in no way be responsible or liable for any failure to relet the Leased Premises or any part thereof, or for any failure to collect any rent due upon any such reletting. 22.3 Tenants Continuing Obligations. No such termination of this lease shall relieve the Tenant of its liability and obligations under this lease, and such liability and obligations shall survive any such termination. In the event of any such termination, whether or not the Leased Premises or any part thereof shall have been relet, the Tenant shall pay to the Landlord the rent and additional rent required to be paid by the Tenant up to the time of such termination, and thereafter the Tenant, until the end of which would have been the term of this lease in the absence of such termination, shall be liable to the Landlord for, and shall pay to the Landlord, as and for liquidated and agreed current damages for the Tenant's default: (1) The equivalent amount of the rent which would be payable under this lease by the Tenant if this lease were still in effect, less (2) the net proceeds of any re -letting effected 11 pursuant to the provisions of paragraph 22.2 of this article, after deducting all the Landlord's expenses in connection with such re -letting, including, without limitation, all repossession cost, brokerage commissions, legal expenses, reasonable attorney's fees, alteration costs, and expenses of preparation of such re -letting. The Tenant shall pay such current damages, herein called deficiency, to the Landlord monthly on the days on which the rent and additional rent would have been payable under this lease if this lease were still in effect. Nothing herein contained shall limit or prejudice the right of the Landlord to prove for and obtain as liquidated damages by reasons of such termination an amount to the maximum allowed by any statute or rule of law in effect at that time when, and governing the proceedings in which such damages are to be proved, whether or not such amount be greater, equal to, or less than the amount of the difference referred to above. 22.4 Tenants Waiver. In the event of a default by Tenant, other than the payment of rent, which remains uncured after thirty days written notice from the Landlord, the Tenant hereby expressly waives, so far as permitted by law, the service of any notice of intention to renter provided for by any statute, or of the institution of legal proceedings to that end. The Tenant, for and behalf of itself and all persons claiming though or under the Tenant, also waives any right of redemption or reentry or repossession or to restore the operation of this lease in case the Tenant shall be dispossessed by a judgment or by warrant of any court or judge or in case of reenter or repossession by the Landlord. In case of any litigation under this lease, the Landlord and the Tenant, so far as permitted by law, waive trial by jury in any action, proceeding, or counterclaim brought by either party against the other on any matter for any claim of injury or damage arising out of or in any way connected with this lease, based on the relationship of the Landlord and Tenant, concerning the Tenant's use or occupancy of the Leased Premises. Landlord and Tenant further agree that the party not in default shall be entitled to recover, from the party in default, all cost and reasonable attorney's fees incurred by the non -defaulting party in enforcing its rights under this leased agreement. 22.5 Reenter, Entry or Reentry. The Terms enter, re-enter, entry, or reentry, as used in this lease are not restricted to their technical legal meaning. 22.6 Rate of Interest. Any amounts not paid by Tenant to Landlord when due shall draw interest at the rate of eighteen percent per annum from due date until paid. Payment of such interest shall not excuse or cure default by Tenant under this lease. 22.7 No Waiver by Landlord. No assent, express of implied, to any breach of one or more of the covenants or terms of this lease shall be deemed or construed tope a waiver of any succeeding or 12 other breach. 22.8 Certain Rights of Landlord. If Tenant abandons or vacates any substantial portion of the leased premises or is in default in the payment of any rentals, damage, or other payments required to be paid by this lease, Landlord may enter upon the Leased Premises, by force if necessary, and take possession of all or any part of the personal property, and may sell all or any part of the personal property at a public or private sale, in one or more successive sales, with or without notice, to the highest bidder for cash and, on behalf of Tenant, sell and convey all or part of the personal property to the highest bidder, delivering to the highest bidder, all of Tenant's title and interest in the property sold. The proceeds of any such sale of person property shall be applied by Landlord toward the cost of the sale and then toward the payment of all sums then due by Tenant to Landlord under the terms of this lease. 22.9 Landlord's Limitation of Liability. Notwithstanding anything to the contrary contained herein, Landlord's liability under this lease agreement shall be limited to Landlord's interest in the Leased Premises. 23. MISCELLANEOUS PROVISIONS. The paragraph captions contained in this lease agreement are for convenience only and shall not in any way limit or be deemed to construe or interpret the terms or provisions hereof. 23.1 Time is of the Essence. Time is of the essence of this lease agreement and of all provisions herein. This lease agreement shall be construed and effected and enforced in accordance with the laws of the State of Colorado. 23.2 Invalidity of Provisions. If any provisions of this lease agreement shall be declared invalid or unenforceable, the remainder of the lease agreement shall continue in full force and effect. 23.3 Entire Agreement. This lease agreement contains the entire agreement between the parties, and any executory agreement hereafter made shall be ineffective to change, modify, or discharge it in whole or in part, unless such executory agreement is in writing and signed by the party against whom the enforcement of the change, modification or discharge is sought 24. Notices. Any notice from one party to another, required by the terms of this lease agreement, may be delivered in person to such party (delivered to one of two or more persons named as a party shall be effective notice to all), or shall be delivered by first class mail, postage prepaid, and shall be deemed given one day after the date mailed, addressed to the respective parties as follows: 13 LANDLORD: RRRS, LLP 10763 Turner Blvd. Longmont, CO 80504. 303-678-0443 TENANT: Fiera Entertainment LLC dba El Ccaporal, 10763 Turner Blvd. , #1, Longmont, CO 80504. 303- 25. MEMORANDUM: RECORDING. This lease agreement shall not be recorded in the office to the County Clerk and Recorder in the county in which the Leased Premises are located, without prior written consent of both parties. However, in order to effect public recording of notice of this lease the parties may, at the time this lease agreement is executed, or at any time thereafter upon request of either party, execute a memorandum of lease incorporating therein by reference the terms of this lease agreement, but deleting therefrom any express statement or mention of the amount of rent herein reserved, which instrument may thereafter may be recorded by either party in the office of the County Clerk and Recorder of the county in which the Leased Premises are located. 26. BINDING EFFECT. This agreement shall bind and extend to the heirs, representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this lease agreement on the date set forth opposite their respective signatures. LANDLORD: RRRS, LL BY: Rick L. Hiatt/Property Manager TENANT: For: By: Fiera Entertainment LLC Name: Elvir.f:''— ercado 14 Certificate of Acknowledgment of Notary Public State of 4/Did/a County of GIG/ On 3f 7A o' before me, ati;fit o/cj uc?- , a notary public, personally appeared t /p'ita, yg Netcotip , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Oder& foregoing is true and correct. Witness my hand and official seal. Signature (Seal) NOTARY PU STATE OF • " " NOTARY IDT. 15,2019 MY COMMISSION ex that the ASSIGNMENT AND ACCEPTANCE OF LEASE THIS ASSIGNMENT AND ACCEPTANCE OF LEASE is entered into this 1St day of October, 2015 by and between Lonestar LLC, a Colorado limited liability company, whose address is 1029 Creighton, Dacono Colorado 80514; and Fiera Entertainment LLC, dba El Caporal, whose address is1472 Eaton St. Lakewood, Colorado 80214; and RRR&S LLP, a Colorado Limited liability partnership whose address is 10763 Turner Blvd Unit A, Longmont Colorado 80504. WITNESSETH: Whereas, pursuant to the Lease dated October 29, 2010, Lonestar LLC leased from RRR&S LLP the premises known as Units 1 &2 located at 10763 Turner Blvd, Longmont, Colorado, 80504 which consist of 2700 square feet of space for a term of five years commencing on November 1, 2010, renewable automatically annually unless terminated upon written notice being given at least sixty (60) days prior to the end of the current term, a copy of which is attached("the Lease"), and Whereas, Fiera Entertainment LLC, dba El Caporal is taking over the operations of the existing business beginning October 1, 2015, and desires to continue to use the premises for such business under the current terms of the Lease, and Whereas, Lonestar LLC desires to assign the Lease to Fiera Entertainment LLC, dba El Caporal , effective October 1, 2015, and Whereas Fiera Entertainment LLC, dba El Caporal desires to accept such assignment and all of the rights and responsibilities contained therein, and Whereas RRR&S desires to approve such assignment upon completion of all repairs. NOW. THEREFORE, Lonestar LLC hereby assigns all of its rights under the Lease, commencing October 1, 2015 and Fiera Entertainment LLC, dba El Caporal hereby accepts such assignment of all rights and responsibilities contained herein. FURTH ' ORE, RRR&S LLP hereby approves such assignment. Owner wner Fiera Entertainment LLC, dba El Caporal, Assignee Lonestar LLC, Assignor RRR&S LLP Landlord Managing Partner LEASE THIS LEASE is made effective as of this 29th day of October 2010, by and between RRRS, LLP, a Colorado limited liability partnership ("Landlord") and Lonestar LLC. WITNESETH: For and in consideration of the rental and of the covenants and agreements hereinafter set forth to be kept and performed by the Tenant, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the premises herein described for the term, at the rental and subject to and upon all of the terms, covenants and agreements hereinafter set forth. SUMMARY OF BASIC LEASE TERMS A. LANDLORD: RRRS, LLP, A Colorado limited liability partnership B. TENANT: Lonestar LLC, A Colorado limited liability company C. BUILDING: 10763 Turner Blvd., Longmont, Colorado, 80504, Weld County, Colorado D. PREMISES: Unit 1 & 2, 10763 Turner Blvd., Longmont, Colorado, 80504, Weld County, Colorado which consists of approximately 3600 square feet of space. E. LEASE TERM: Five (5) years commencing on November 1, 2010 and ending on October 31, 2016. F. SECURITY DEPOSIT: $6,000.00 G. RENT (MONTHLY) November 1, 2010 to February 28, 2011 - 1,000.00$ March 1, 2011 to April 31, 2011 - $ 2,000.00 May 1, 2011 to October 31, 2011 - $ 3,000.00 November 1, 2011 to October 31, 22 0.0 0 November 1, 2012 to October 31, 013 - $ 3 8000 November 1, 2013 to October 31, 2015 - $ 4,000.00 November 1, 2015 to October 31, 2016 - $ 4,200.00 H. AMOUNT OF REQUIRED LIABILITYSSo� of SevenOnOne TMilllioon Dollars Thousand Dollars ($1,000,000.00). Contents Insurance in the am($70,000) I. ADDRESSESS FOR NOTICES AND PAYMENT OF RENT AND CHARGES: TO LANDLORD: 10763 Turner Blvd. Longmont, Colorado 80504 TO TENANT: 10763 Turner. Blvd., Unit I Longmont, Colorado 80504 USE OF PREMISES: Restaurant and Bar. L Premises. 1.1 Grant ofPremises. Landlord hereby leases to Tenant and Tenant leases from Landlord those certain Premises described in Paragraph D of the Summary of Basic Lease Terms. 2. Term 2.1 Basic Term. The term of this Lease shall be for the period of years described in Paragraph B of the Summary of Basic Lease Terms, commencing and ending on the dates described in. such Paragraph E. 2.2 Early Possession. If, prior to commencement of the term of the Lease, Tecant. uses or occupies the Premises or any part thereof with Landlord's prior Written consent, for the purpose of completing alterations to the Premises,. Tenant agrees to observe and perform all the provisions of this Lease except those which require payment of rent. 3. Rent 3.1 Rent. Tenant agrees to pay to "milord, promptly when due, without notice or demand and without deduction or set off for any reason whatsoever, as rent for the Premises, the Rent set forth in Paragraph G of the Summary of Basic Lease Terms fort each and every month during the term hereof The Rent, Sigigammillinewisersimesnimiar shall be payable in advance on the first day of each calendar month during that tent. 3.2 Place of Payment. All rent payable hereunder, as well as all other amounts payable by Tenant to Landlord under the terms of this Lease, shall be paid at the office of Landlord set forth in Paragraph I of the Summary of Basic Lease Terms, or at such other place as Landlord may from time to time designate, in lawful money of the United States. 3.3 Interest on Unpaid Sums. If rent, or any other monetary sum required to be paid hereunder by Tenant to Landlord, is not paid when due, such sum shall accrue interest at the rate of twelve percent (12%) per annum. Said interest shall be charged fronp the date the amount in question was due until received by Landlord. In lieu of such interest, Landlord may electto charge a late charge as to any installment of rent as more fully described in Section14.3 hereof. 3.4 Security Deposit. Upon execution of this Lease by Tenant,. Tenant shall deposit with Landlord The amount specified as a security deposit in Paragraph F in the Summary of Basic Lease Terms ("Security Deposit"). The Security Deposit shall be retained by Landlord and may be applied by Landlord, to the extent necessary, to pay and cover any loss, cost, damage or expense including attorney's fees sustained by Landlord by reason ofthe failure of Tenant to comply with any provision, covenant or agreement of Tenant contained in this Lease. To the extent not necessary to cover such loss, cost, damage or expense, the Security Deposit, without any interest thereon, shall be returned to Tenant within sixty (60) days after expiration of the Lease Term or as may be otherwise provided by law. The Security Deposit shall not be considered as an advance payment of rent or as a measure of the loss, cost, damage or expense which is or may be sustained by Landlord. In the event all or any portion of the Security Deposit is appliedby Landlord to pay any such loss, cost, damage or expense, Tenant shall, from time to time, promptly upon demand, deposit with Landlord such amounts as may be necessary to replenish the Security Deposit to its original amount. If there is a Default by Tenant under this Lease more than two (2) times in any twelve (12) month period, whether or not such Default by Tenant is cured, the amount i,equired to edeposited hothe amount with Landlord as a Security Deposit shall automatically be increased to three (3) times set forth on the Summary of Basic Lease Terms, and payment of such increases} amount shall be required in order to cure the Default, within the same time as the original nianpayment or failure of performance which constituted the Default. 4. Use. 4.1 Permitted Use. Tenant shall use the Premises solely, for the purpose set forth in Paragraph 7 of the Basic Lease Terms and shall not permit the PremisesIto be used for any other purposes. with Laws. Tenant shall promptly comply with all applicable 4.2 C.omnliance in effect during the term laws, statutes, ordinances, rules, regulations, orders and requirements regulating its use or occupancy of the Premises. Tenant will not use UT permit the use of the premises in any manner which may tend to create waste or a nuisance. 5. Landlord's Ex 1�ens • Landlord, at its sole cost and expense, shall pay for and cause to be performed the following operating expenses: provisions of article 12, all taxes,; assessments, and other 5.1 Subject to the p a! lien upon the ens and charges whatsoever which may create 4 governmental� which are assessed, levied or imposed during the term of this Lease, Premises or the Building, aces or areas; surcharges levied upon or assessed against parking sp All costs and expenses of repairs, replacements, ;and maintenance of the 5.2 parking lot and all other structural ele ments of the Building foundation, outer structural wails, roof, p and Premises; and - 3 - 3 .:Insurance premiums for all insurance required to be maintained by Landlord hereunder. 6. Tenant's Expenses. Tenant, at its sole cost and expense, shall pay for and cause to be performed the following operating expenses: 6.1 All costs and charges for heat, lighting, electricity and natural gas, telephone, water and sewer, which are separately metered for the Premises and payable directly to the respective utility companies, and all other charges and fees relating to public utilities that may now or hereafter service the Premises, excluding the obligations of bmdlord under Section 6; 6.2 The cost and expense ofrepair or replacement of glass doors and windows, all other maintenance and repairs of the Premises, excluding the obligations of Landlord under Section 6; and 6.3 Insurance premiums for all insurance required to be maintained by Tenant hereunder. 6.5 6.6 The costs for maintenance, repair and replacement on or about the Premises of all improvements, fixtures and personal property' which shall be kept in a good, safe, and sanitary for and promptly pay for all trash disposal, janitorial, and Cleaning condition. Tenant'shall contract for the Premises. Tenant shall when Services and when . needed; exterior and interior painting for shall operate, maintain aid repair needed, replace all light bulbs, light fixtures and ballasts. when nom, the pipes, ducts and other utility delivery systems including water and sewage systems, for the Premises. 7. Surrender ofPrernises• Upon the expiration or sooner termination oftheLease Term, to t �. surrender the Premises, brown -clean, in as good condition and repair, Tenant agrees � � and combinations t� locks, cafes and vaults ordinary wear and tear excepted, together with all keys� t at any time made or vements, alterations, additions, lighting fixtures and eq pand trade and '°exterior of the Premises (except personal property installed in, upon or to the interior or become tie property of Landlord. fixtures put in at Tenant's expense) all of which shall thereupon Before surrendering the Premises, Tenant shall remove all of Tenant's person property and trade fixtures. • 8. Alterations and Additions. 8.1 Landlord's ..Consent ,Required. Tenant shall not make any alterations or additions to the Premises without first obtaining Landlord's written consent which shallbe granted in Landlord's sole. and absolute discretion. Tenant shall causeany such repair or alteration approved by Landlord tobedone promptly and in a good and workmanlike manner. All work shall be performed in accordance with applicable building codes and governmental regulations. 8.2 Payment for Work. All costs of any work perfonmed by or at the instance of Tenant shall be paid promptly by Tenant so as to avoid the assertion of any mechanic's and/or materialmen's' liens. Within thirty (30) days after receipt of notice thereof, Tenant shall discharge, by bonding, payment or other means acceptable to LAndlord, any mechanic's lien filed against the Premises or the Building resulting from material or labor furnished or performed at the instance or request of Tenant If the lien: is not discharged within said thirty (30) day period, Landlord shall have the right,butnot the obligation, to discharge said lien by payment, bonding or otherwise, and the costs' and expenses to Landlord of obtaining such discharge shall be paid -to Landlord by Tenant on demand as additional rent. Landlord shall have' the right at any timeand from time to time to post andmain#sinon:the.b'remises and Building such notices as Landlord deems necessary to protect the Premises against mechanic's liens. 9. Insurance. 9.1 Tenant's Insurance. Tenant shall, at all times during the term hereof and at its own cost and expense, procure and maintain in force bodily injury liabiity and property damage and contractual liability insurance naming Landlord, any person, firms or *portions designated by Landlord, and any mortgagee of the Building of whose identity Tenant is notified, as additional insureds, against liability for injury or death of any person in connection with h Tenants use, operation or condition of the Premises. Liability insurance shall at all times be in an amoimtnot less than the amount set forth- in Paragraph H of the Summary of Basic Lease Terms for any one occurrence for bodily injury and property damage. The limits of any such insurance shall not limit -the liability of Tenant Tenant shall, at all times during the term hereof, at its cost and expense, maintain in effect policies of insurance covering its fixtures, equipment, and leaseholdmaprovenents installed by Tenant located on the Premises, in the amount of their full replacement value, providing protection against any peril included in the classification of all risk coverage, including vandalism and malicious mischief. 9.2 Landlord's Insurance. Landlord shall, at its own cost and expense, procure and maintain, during the team ofthis Lease, fire and extended coverage insurance -on the Building in an amount determined by Landlord, but in no event less than the full replacement cost of the s lines and tanks. The Landlord will also, .throughout the term hereof carry Building and pumps, public liability and property damage insurance with respect to the operation of the Building. •5- 9.3 Form ofPolicies. All insurance required to be carried by Tenant hereunder shall be with odmpaaics licensed to underwrite insurance within Colorado, naming Landlord, any persons,, finis a r corporations designated by Landlord, and any mortgagee of the Building of whose identity Tenant has been notified, as additional insureds. Copies of all such policies or certificates issued by the insurance company evidencing the existence and amounts Of such policies shall be delivered to Landlord prior to possession. No such policy shall be cancelable or subject to modification except after thirty (30) days prior written notice to Landlord and any mortgagee required to be -named thereunder. Tenant shall, within thirty (30) days prior to the expiration of such policies furnish Landlord with renewals thereof. All policies of insurance required to be obtained by Tenant and by Landlord shall contain a waiver by the insurer of any rights of subrogation. 10. Indemnity, 10.1 Indemnification of Landlord. Tenant shall indes ►nify and hold Landlord harmless from and against any and all losses, claims and damages arising From Tenant's use of the Premises orthe conduct of itsbusiness in or about the Premises, and shall liht erindemriify and hold Landlord harmless from and against any and all claims arising from any" breach or default in the performance of any obligation of Tenant to be performed under the terms` of this Lease, or arising from any act or negligence of Tenant or any of its agents, licensees or sublessees, contractors or employees, and from and against all costs, attorneys' fees, expenses and liabilities incurred in connection th erewith. In case any action orproceeding is brought against Landlord by reason of any such claim, Tenant, upon notice from Landlord, shall defend the same at Tenant's expense by counsel satisfactory to Landlord. 10.2 Landlord's Liability. Landlord shall not be liable for injury or damage which may be sustained by the person, goods, wares, merchandise or property of Tenant, its employees, invitees or customers. All of Tenant's property shall be kept stored and maintained at the sole risk of Tenant. 11 Casualty Damage. If the Premises is completely destroyed bj' fire or other casualty as to render the Premises unfit for use by Tenant, and repair or restoration is not economically feasible (in Landlord's sole and absolute opinion which opinion may be based uponithe amount of insurance proceeds Landiord receives, if any based upon such casualty), the Landlord or Tenant may terminate this Lease on notice of at least thirty (30) days. If the Lease shall so terminate, all Rent, ia'riima alisralliessamiiissa shall be apportionedto the date of traminntion. Except as otherwise provided in this article, if the Premises is destroyed and this Lease is not terminated, pursuant to the rights granted in this article, such damage or destruction shall not effect the provisions of this Lease, any rule, regulation or law to the contrary notwithstanding, and the Tenant's obligations under this Lease, including the payment ofRent, without abatement of any kind •6- 11. Tenant Taxes. Tenant shall pay, prior to delinquency, all taxes, assessments, license fees and public charges levied, assessed or imposed upon or measured by the value of its business operation,. including but not limited to the furniture, fixtures, leasehold improvements, equipment and other. property of Tenant at any time situated upon or installed in the Premises by Tenant. Tenant shall cause all such personal property to be assessed and billedi separately from the real property of Landlord. Tenant shall reimburse Landlord for the proportionate share of all real property taxes .or assessments -levied against the Premises in the proportionkhe denominator ofwhich in the site of the Building and the numerator is the size of the Premises. 12. Subletting and Assigned. Tenant shall not sublet all- or tiny part of the Premises, nor assign this Lease or any interest herein, without the prior written consent of Landlord, which consent shall be in Landlord's sole and absolute discretion. Consent by Landlord to any one assignment or subletting shall not in any way be construed as relieving Tenant from obtaining the Landlord's express written consent to any further assignment or subletting. 13. Tenant's Default. • 14.1. Default. If default shall be made in the payment lof any sum to be paid by Tenant under this Lease, and such default shall continue for three (3) days after it is due, or d - mi It shall be made in the performance of any of the other covenants or conditions which Tenant is required to observe and to perform, and such default shall continue for twenty (20) days atterwritten notice of said default, or if the interest of Tenant under this Lease Rha11 be -levied upon under execution or other legal process, or if any petition shall be filed by or I ; ' Tenant to declare Tenant a debtor under the Federal Bankruptcy Code, for the reor on or rehabilitation of Tenant or to delay, reduce or modify Tenant's debts or obligations, or if any petition shall be filed or other action taken to reorgani7r, or modify Tenant's capital structure if Tenant is a corporation or other entity, or if Tenant be declared insolvent according to law, or if any assignment of Tenant's property shall be made for the benefit of creditors, or if a receiver or trusted is appointed for Tenant or Tenant's or if Tenant fails to take possession. of the Premises the commencement dare property, of the term. of this Lease or thereafter fails to occupy and conduct its business on the Premises on a substantially continuous basis, then Landlord may treat the occurrence ctany one or more of the foregoing event.; as a default under this Lease (provided that no such. IerA execution, legal process or petition filed against Tenant shall constitute a default under this Lease f Tenant shall diligently contest the sa=?:e by appropriate proceedings and shall remove or vacate the same within twenty 20) days from the date of its creation, service or filing).. 14.2 Remedies. In. the event of a default wider this Lease by Tenant, Landlord shall have all of the following remedies, in addition to all rights and remedies provided at law or in equity: 14.2.1 Landlord may terminate this Lease and t forthwith rep the Premises and be entitled to recover as damages a sum of money equal to tihe total of (t) the cost of recovering the Premises, including Landlord's attorneys' fees; (ii) the unpaid Rent, fiiiiiftlisiiMillialltand additional rent earned at the time of termination, plus interest thereon at 7 4,2! the rate of eighteen percent (I8%o) per annum from the due date; (iii) the balance of the Rentsjim ilmaiallimalillooniNFIIIIMMIN for the remainder of the Lease Term less the reasonable rental value if subleased under the terms of this Lease; (iv) damages for the wrongful withholding of the Premises by Tenant; and (v) any other sum of money and damages owed by Tenant to Landlord. 14.2.2 Landlord may retake possession of the Premises and shall have the right but not the obligation, without being deemed to have accepted a surrender thereof, and without terminating this Lease, to relet the same for the remainder of the term provided for herein upon terms and conditions satisfactory to Landlord; and if the rent received through such reletting does not at least equal the Base Rent and additional rent provided for herein, Tenant Shall pay and satisfy any deficiency between the amount of the rent so provided for and that received through reletting; and, in addition, Tenant shall pay all reasonable expenses incurred in connection with any such reletting, including, but not limited to, the cost of renovating, altering and decorating for an occupant and leasing commissions paid to any real estate broker or agent and attorneys' fees incurred. 14.3 Late Charges. Tenant hereby acknowledges that the timely payment of rent is of the essence and that late payment by Tenant to Landlord of rent and other sums due hereunder will cause TAnd lord to incur costs not contemplated by this Lease, the exact amount ofwhich will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms !of any mortgage or trust deed covering the Premises. Accordingly, if any rent or other sum dueom Tenant shall not be received by Landlord or Landlord's designee within five (5) days after the s9id amount is due, Tenant shall pay to Landlord a late charge of five percent (5%). The parties hereby agree that such late charge represents a fair and reasonable estimate of the cost Landlord will incur by reason of late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to suchoverdue amount nor prevent Landlord from exercising any of the other rights and remedies grantedhereunder. 14.4 Cumulative Remedies. Suit or suits for the recovery of the rents and other amounts and damages set forth hereinabove may be brought by Landlord, from time to time, at Landlord's election and nothing herein shall be deemed to require Landlord to await the date on which this Lease or the term hereof would have expired by limitation had there been no such default by Tenant, or no such termination, as the case may be. Each right and remedy provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease or hereafter existing at law or in equity or by statute or otherwise incliuding but not limited to suits for injunctive relief and specific performance. The exercise or beginning of the exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by Landlord of any or all other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity or by statute or otherwise. All such rights and remedies shall be considered cumulative and nonexclusive. All costs incurred by Landlord in connectionfwith collecting any rem or other amounts and damages owing by Tenant pursuant to the provisions of this Lease, or to enforce any provision of this Lease, including reasonable attorneys' fees fro z the date such matter is -a- 14.5 No Waiver. No failure by Landlord to insist upon the strict performance of any agreement, term, covenant or condition hereof or to exercise any right or remedy consequent upon a breach thereof, and no acceptance of full or partial rent during the continuance of any such breach, shall constitute a waiver of any such breach or of such aent, term, covenant or condition. No agreement, term, covenant or condition hereof to be performed or complied with by Tenant, and no breach thereof shall be waived, altered or modified except by written instrument executed by Landlord. No waiver of any breach shall affect or alter this Lase, but each and every agreement, term, covenant and condition hereof shall continue in full force end effect with respect to any other then existing or subsequent breach thereof. Notwithstanding any termination of this Lease, the same shall continue in force and effect as to any provisions which require observance or performance by Landlord or Tenant subsequent to such termination. 14.6 Bankruptcy. Nothing contained in this Article 14 -shall limit orprejudice the right of Landlord to prove and obtain as liquidated damages in any bankruptcy, insolvency, receivership, reorganization or dissolution proceeding, an amount equal to the maximum allowed by any statute or rule of law governing such a proceeding and in effect at the tune when such damages are to be proved, whether or not such amount be greater, equal to or iless than the amounts recoverable, either as damages or rent,' referred to in any of the preceprovisions of this paragraph. 14.7 Landlord's Lien and Enforcement Tenant hereby grants to Landlord a security interest in all personal property of Tenant now or hereafter located on the Premises as security for the performance of Tenant's obligations under this Lease. Tena.pt covenants andagrees, upon request by Landlord from time to time, to execute and deliver such financing statements as may be necessary or desirable to perfect the security interest hereby granted. In the event of a Default by Tenant, Landlord may foreclose the security interest hereby granted in any Manner permitted by law. 4. Landlord's Default. Landlord shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Landlord shall have failed to perform such obligation within thirty (30) days (or within such additions) time as is reasonably required to correct any such default if, within such 30 -day period Landlord begins to perform and diligently prosecutes its performance continuously thereafter) after receipt of written notice to Landlord by Tenant properly specifying wherein Landlord has failed to perform any such obligations. frit 15. Condemnation. 16.1 Effect of Taking. If the Premises or any portion thereof are taken under the power of eminent domain, or sold by Landlord under the threat of the exercise of said power (all of which is herein refound to as "condemnation'', this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. Ifmore than fifty percent (50%). of the floor area of the Premises is taken by condemnation, Tenant may, at its option, terminate this Lease as of the date the condemning authority takes possession, by providing Imallard notice in writing of its intent to terminate not later than thirty (30) days #ter Leedtord shall have notified Tenant of the taking. If all of the Premises or so much of the Building is taken by condemnation (even though no part or only a small part of the Premises !be taken) that Landlord elects not to repair or reconstruct the remaining portion, the provisions of Section 11.2 shall apply. Failure of Landlord or Tenant to so notify the other party shall constitute agreement of said party to continue the Lease in full force and effect as to the balance of the Premises. 16.2 Rent Reduction. If the Lease is not fully terminated after any taking, then it shall remain in full force and effect as to the portion of the Premises remr1ining; provided the rent payable hereunder shall be reduced in proportion to the area taken. 16.3 Awards. All awards for the taking of any part oft the Premises under the power of eminent domain shall be the property of Landlord, whether made as compensation for diminution of value of the leasehold or for the taking of the fee. 16. Subordination and Attornment. 17.1 Subordination. Landlord and Tenant agree that tais Lease is subject and subordinate at all times to any mortgage and all advances thereon, which may now or hereafter be placed against or affect any or all of the land upon which the Building is located, the Premises, or the Building and improvements now oral any time hereafter constituting a•firsi part of or adjoining the Building, and to all renewals, modifications, consolidations, participations, 'replacements and extensions thereof The term "mortgage" as used herein shall mean and Tiger to any mortgage or deed of trust constituting a first lien on the Property. The aforesaid provisions shall be self -operative and no further instrument or subordination shall be necessary tmless requir0 by any such mortgagee. agee. Should Landlord or any mortgagee desire confirmation of such subordination, the Tenant, within ten (10) days following Landlord's written request theere€or, agrees to execute and deliver, without any charge, any and all documents (in form acceptable to such mortgagee) effecting such subordination. 17.2 Attornment and Non -Disturbance. Tenant agrees that in the event of a sale, transfer, or assignment of the Landlord's Merest in the Building or any part thereof, including the Premises, to attiorn to and to recognize such sale, transfer or assignment anc such underlying lessor or mortgagee as Landlord under the Lease. In the event of any attorurnent b ' Tenant, this Lease and Tenant's rights hereunder shall continue undisturbed while Tenant is not in default hereunder. Tenant's subordination of this Lease shall be subject to receiving a commercially reasonable non - disturbance agreement from the mortgagee which non disturbance agreement provides that Tenant's - 10 - inclug any tions to extend the em hereof, will not possession of the Premises, and this Lease, Default�hereof record owner of the gaud atoms to the t be disturbed so long ' as Tenant is not in Premises. 17. Covenant of Quiet Enjoyment. Landlord agrees that Tenant, upon performing the covenants and conditions of this Lease, may quietly have, hold and enjoy the Premises during the term hereof, subject, however, to the provision herein referring to subordination and condemnation. 19. Hazardous Substances 19.1 Tenant's Representations, Warranties and Covenants Concerning Use ofHazardous Substances. Tenant shall, at its sole cost and expense, keep and maintain the Premises in good condition, ordinary wear and tear and damage by fire or other ;casualty excepted and respond to and clean up any release or threatened release of any Hazardous Substance (as promptly rdefined)soil, surface water, ground -water, or atmosphere, in a hereinafter into the drainage systems, safe manner, in strict accordance with Applicable Law (as hereinafter defined), and as authorized or approved by all federal, state, and/or local agencies having authority to regulate the permitting, handling, and cleanup ofHazardous Substances; provided, however, Tenant's obligations under this sentence shall not include any Hazardous Substances which Tenant proves{existed on the Property prior to Tenant's use of the Premises (prior to March 1, 2000) and were nbt caused by any act omission of Tenant, or its employees or agents. Tenant, its employees and agents, shall not use, o or dispose of any Hazardous Substance at the Property without first store, generate, treat, transp rt, obtaining Landlerd.'s written approval, which consent shall be in Landlorid's sole and.subjective discretion. Tenant shall notify Landlord and seek such approval inwmayt least withdraw thirty a(30) at s prior to bringing any Hazardous Substance onto the Property. Landlord Y f any such Hazardous Substance at any time, for reasonable cause related to the threat of site contamination, or damage or injury to persons, property or resources on or ear the Property. Upon withdrawal of such approval, Tenant shall immediately remove he Hazarr us this paragraph from the shall not site. Landlord's failure to approve the use of a Hazardous Subs tame =dell limit or amt Tenant's obligations under this Lease, including Tenant's duty to remedy or remove releases or threatened releases; to comply with Applicable Law relating to the use, storage, generation, treatment, transportation, and�dior disposal of any such Hazardous Substances; or to indemnify Landlord against any harm or damage caused thereby. For airy month in which or otherwise any Hazardous Substances have been used, generate., treated, stored, transpbrted present on or in the Property pursuant to the provisions of this paragraph, Tenant shall provide Landlord with a written report listingthe Hazardous Substances which were present on the Property; all releases of Hazardous Substances that occurred or were discovered including governmentises; all compliance activities related to such Hazardous Substances, all Contacts with business ar enc es or private parties of any d concerning Hazardous Substances; and all manifests, � .f relating to �', ar�r3nt.c Srtbc.araC�*.S 7+`r�':�Ir��:ti,, or eern�tS or other documents g Haz...d._ _._ rpiam, consent equested during that time period. The report shall include copiesl of all docznerits zrid corrao. e related to such activities and written reports of : f i oral Oontacts relating thereto. Y „d awtr Tenant shall permit Landlord and Landlord's agentsof to enter into ngthe �� sccld upori- �premises andnaised aes, ll without notice, at all reasonable times for the purpose activities thereon, including activities involving Hazardous Substances, or for purposes of maintaining any buildings on the Demised Premises. Such right of entry and inspection shall not constitute managerial or operational control by Landlord over any activities or operations conducted on the Property by Tenant. Tenant hereby indemnifies, defends and holds harmless Landlord from and against any suits, actions, legal or administrative proceedings, demands, Claims, liabilities, fines, penalties, losses, injuries, damages, expenses or costs, including interest and attorneys' fees, incurred by, claimed or assessed' against Landlord under any laws, rules, regulations including, without limitation, Applicable Laws in any way connected with any injury to any person or damage to any property or any loss to Landlord occasioned in any way by Hazardous Substances on the Property; provided however, Tenant's obligations under this sentence shall not include any Hazardous Substances which Tenant proves existed on the Property on the commenceent of the Lease Term and were not caused by any act or omission of Tenant, or its employees or agents. This indrrnnity specifically includes the direct obligation of Tenant to perform any remedial or other activities required, ordered, recommended or requested by any agency, government Official or third party, or otherwise necessary to avoid or minimize injury or liability to any person, earl to prevent the spread of pollution, however it came to be located thereon (hereinafter, the "Rernediajl Work"). Tenant shall. perform all such work in its own name in accordance with Applicable Lawws. Without waiving its rights hereunder,. Landlord may, at its option, perform such remedial or oaremoval work as permit herein n described, and thereafter seek reimbursement for the costs thereof. shall access to the property to perform such remedial activities. Whenever Lan4lord has incurred costs described in this paragraph, Tenant shall, within ten (10) days of receipt of mlatice thereof, reimburse Landlord for all such expenses togetherwithinterest 4T�from the dateofyyexpenditure Latthe �"applicable ✓cd rate" by the internal Revenue Service. !T iLi ou limiting tso1}ligatIOriS under any fy:�ia��R.A establishedU�t � ti-i+� f:�*•--r+^^".^c responding *'2 paragraph h z .. � t shall other of this .:..LU≥.., 1...38n.he solely and co:t�ti11e'F.c:,y TL.i`rpG''isYt;..: a ,..a}�..i'IiI:.II� �. s � and complying with any administrative notice, order, request or demand, or 1py third party claim or ,$ m tin. tia actual K'�Tnioation on the Property andreLsulting framt.e actso: +,.4v`1.�.'{i{I relating to potential or ri4t%lsir £:"�f'iiws � � �, includes but is Tenant, its employees and agents. The responsibility conferred under this paragraph �on of not limited to responding to such orders an behalf of Landlord and defending against any Landlord's' financial responsibility or individual duty to perform under such orders. Tenant assumes all liabilities or responsibilities which are assessed against Landlord in anyyi aeon described under this paragraph. Tenant hereby waives, releases and discharges forever Landlord from all prresan t future csuits, al and administrative proceedings and from till' liability for damages, claims, demand, legal b present and future, arising out oivr in any way connected losses, costs, liabilities, fees and expenses, e fan condition of with Landlord's use, maintenance, ownership or operation oofHazru'dousJ Substances in any state environmental contamination of the Property, or the existence on the Property, however they came to be placed there. 19.2 "Hazadous Substance(s)" shall mean any subi tance, which at any time shall be listed as "hazardous" or "toxic" under the Comprehensive Environmental Response, « i1 r L A 42, T;..S.C. '9601 et seq.. as amended and the Compensation and Liability Act ( C � - �t amended, the Resource Conservation and Recovery Act ( RCR4''), 42 Q.S.C. '6901 et seq., as amended, or in the reeulati'ons implementing such statatcs, or which has been or shall be detenuned at any time by any agency or court to be a hazardous or toxic substance regulated under ant i r Applicable able Laws (as hereinafter defined). The term "Hazardous Subsstunce()shall also include, - 12 - materials, building components, the products of any manufacturing or other activities on the Property, wastes, petroleum products, or special nuclear or by-product material as defined by the Atomic Energy Act of 1954, 42 U.S.C. '3011, et seq., as amended. 19.3 "Applicable Law(s)" shall include, but shall not be limited to, CERCLA, RCRA, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et seq., the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, and the regulations promulgated thereunder, and any other federal,.state and/or local laws or regulations, whether currently in existence or hereafter enacted or promulgated, that govern or relate to: The existence, cleanup and/or remedy of contamination of property; The protection of the environment from spilled, deposited or otherwise emplaced contamination; The control of hazardous or toxic substances or wastes; or The use, generation, discharge, transportation, treatment, removal or recovery of hazardous or toxic substances or wastes, including building materials. 20. General Provisions. 20.1 Estoppel Certificates. Tenant shall at any time, upon notice from Landlord, execute, acknowledge and deliver to Landlord a statement in writing: (a) certifying that this Lease is unmodified and in full force and effect (or if modified, stating the nature of the modifications) and that Tenant has unconditionally accepted the Premises and has not assigned the Lease or sublet the Premises, or any portion thereof, (b) certifying the amount of rent payable under the Lease, the amount of the Security Deposit, if any, and the dates to which rent and other charges have been paid in advance; (c) acknowledging that there is no uncured default on the part ofLandlord hereunder and no grounds for set-off or abatement of rent or termination of the Lease on. the part of Tenant, or specifying such defaults or such grounds if any exist; (d) acknowledgini to any mortgagee that Tenant will not modify or amend this Lease without the consent of such mortgagee; and (e) certifying to any other matter about which Landlord may reasonably request information. The failure of Tenant to provide the document described above within ten (10) days following Landlord's request therefor will constitute a default.hereunder. Tenant hereby appoints Landlord its attorney -in - fact to execute such written statement in the event Tenant shall fail to do soowithin ten (10) days of receipt of Landlord's written notice. 20.2 Transfer of Landlord's Interest. In the event of a sale or conveyance by Landlord of Landord's interest in the Preinises, this Lease shall not be affected by any such sale. 4 20.3 Captions.. Article and pa a ph captions are for convenience only and are aac a part hiA p and shall .�, be used o r inter retatio n OMSt-ucti. g this Lease, t of Lease shall not V for :la�v4 ►/L v14l�iV11 or i,+\IiL��.144i1.�A.� of Af�r��1:i 13. 20.4 Time of Essence. Time is of the essence. 20.5 Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, ' hall in no way affect the validity of any other provision hereof. 20.6 Entire Agreement. This Lease, along with any exhibits or attachments hereto, constitutes the entire agreement between the parties relative to the Premises and there are no oralagreements or representations between the parties with respect to the subject matter hereof This Lease supersedes and cancels all prior agreements and understandings with respect to the subject matter hereof. This Lease may be modified only in writing, signed by the parties in interest at the time of modification. 20.7 Recording. This Lease shall not be recorded andany recordation shall be a breach under this Lease, however, at the request of either party, the other shall execute a memorandum of this lease which shall set forth the fact of the existence of the lease, the parties, the term and the location of the Premises only, which memorandum may be recorded. 20.8 Binding Effect; Choice of Law. Subject to any provisions hereof restricting assigning or subletting by Tenant and subject to the provisions for the transfer ofLandlord's interest, this Lease shall bind the parties, their successors and assigns. This Lease shall be governed by the laws of the State of Colorado. 20.9 Holding Over, Payments After Termination. IfTenant remains in possession of all. or any part of the Premises after the expiration of the term hereof, without the execution of a new Lease, such tenancy shall be deemed to have created and be construed to be tenancy from the month to month only terminable on thirty (30) days written notice by either party to the other on the same terms and conditions as provided herein, except that Rent shall be two hundred percent (200%) of the Rent due at the time of the termination of the Lease Term. 20.10 Entry by Landlord. Landlord and its agents shall -have the Tight to enterthe Premises at all reasonable times for the purpose of access to the water shut off and other utility connections, examining or inspecting the same, to supply janitorial services: and any other services to be provided by Landlord or Tenant hereunder, and make such alterations, repairs, improvements or additions to the Premises or to the Building of which they are a part as Landlord may deem ne,cessitry or desirable. Define the last three (3) months of the Lease Term, Tenant shall permit d rd to showPremisespry to t tenants and "Fa Leas"For Salle" si r .5Z1;...Q�u the to � sp�c.iL'e {I&t�..5 place �,2' -3 orJ ...�`.;' Cx, the Premises or in such locations as will not reasonably interfere with Tenant's use of the Premises. If, during the last month of the term, Tenant shall have removed substantially all of its property therefrom, Landlord may immediately enter and alter, renovate and redecorate the Premises without elimination or abatement of rent or incurring liability to Tenant for any compensation. 20.11 Notices. All notices or demands of every kind req' or desired to be given by Landlord or Tenant hereunder shall be in writing and shall be deemed del{vexed 117111 - t4 depositing the notice or demand in the United States mail, certified or registered, postage prepaid, or with an overnight delivery service, addressed to the Landlord or Tenant at the addresses set forth in Paragraph I of the Summary of Basic Lease Terms. 20.12 Counterparts. This Lease may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts shall together constitute one and the same instrument. IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease as of the day and year first above written. LANDLORD: RRRS, LLP, a Colorado limited liability partnership Lonest* LLC Colorado limited liabili }r.�"m an .fitM O a Co o a 0 U (° O O O U -p o a) PO Box 758 Greeley CO 80632 O a CO O N- P N o L U 0 0 T m co c a) °,t,° O • -c c.) U 0 o o Y m o a) O m o_ 0 O a Co o -O 0 U o Tm O o -O a) a) O a Cv o a o U >,0D c O U 'p Y a) a) U PO Box 758 PO Box 758 Greeley CO 80632 Greeley CO 80632 RECEIPT DATE 9-9-15 NO. 88317 RECEIVED FROM EL pm ai - a1aJUta.1l ADD4RESS Dina. luridn�ra �urtf� # 1200 �t$ 97s.°° FOR J RECEIPT DATE Zlh,unaD, .0 4 X03(0 Cturtb BY oioda_, 9 -9-/6' RECEIVED FROM LI i►i b. aQ - ELA ADDRESS NO. 88318 b11R-KIAI Qd cJia two )0000 FOR 100 RECEIPT DATE -9-/5 NO. 88319 RECEIVED FROM LI eiaQ " eit ha�F etteo ADDRESS -Ch dAaaO '`%oo $ 3 8.50 FOR F W PAID GASH, CHECK MONEY ORDER 50 �?L fll LM.O.#XO87 C3 u9us, ;rte B RECEIPT DATE 9-9-15 RECEIVED FROM El '(„a in0.9- - atit;111..i1444 ADDRESS NO. 88320 ON. fh4uean/L dns- ),�n�ud cloo �� $ / )00.00 FOR 3httc, L19uez. reed HOW PAID;' Raii& M.V. # ID7' O CASH E,CK. /,/00 00 anti BY�0., 20150930-11311 DATE 09/29/2015 SO WELD COUNTY RECORDS GREELEY 1950 "0" STREET GREELEY, CO 80631 RE: MERCADO,ELVIRA DATE OF BIRTH: SOC: xxx-xx- The Colorado arrest record for the person noted to follow. The Colorado Bureau of Investigation's database contains detailed information of arrest records based upon fingerprints provided by Colorado law enforcement agencies. Arrests which are not supported by fingerprints will not be included in this database. On occasion the Colorado criminal history will contain disposition information provided by the Colorado Judicial system. Additionally, warrant information, sealed records, and juvenile records are not available to the public. Since a record may be established after the time a report was requested, the data is only valid as of the date issued. Therefore, if there is a subsequent need for the record, it is recommended another check be made. Falsifying or altering this document with the intent to misrepresent the contents of the record is prohibited by law and may be punishable as a felony when done with intent to injure or defraud any person. Sincerely, Michael S. Rankin, Director Colorado Bureau of Investigation ATTN: SO WELD COUNTY RECORDS GREELEY COLORADO BUREAU OF INVESTIGATION - IDENTIFICATION UNIT 690 KIPLING STREET,SUITE #3000, DENVER, COLORADO 80215 (303)239-4208 THIS IDENTIFICATION RECORD IS FOR LAWFUL USE ONLY AND SUMMARIZES INFORMATION SENT TO THE COLORADO BUREAU OF INVESTIGATION FROM FINGERPRINT CONTRIBUTORS IN THE STATE OF COLORADO. UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, THE COLORADO BUREAU OF INVESTIGATION CAN NOT GUARANTEE THIS RECORD RELATES TO THE PERSON IN WHOM YOU HAVE AN INTEREST. IF THE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF AN ARREST CHARGE OR DISPOSITION IS DESIRED, THAT INFORMATION MAY BE OBTAINED FROM THE AGENCY WHO FURNISHED THE ARREST INFORMATION. Page 1 20150930-11311 ONLY THE COURT OF JURISDICTION OR THE RESPECTIVE DISTRICT ATTORNEY'S OFFICE WHEREIN THE FINAL DISPOSITION OCCURRED CAN PROVIDE AN OFFICIAL COPY TO ANY SPECIFIC DISPOSITION. STATE LAW GOVERNS ACCESS TO SEALED RECORDS. BECAUSE ADDITIONS AND DELETIONS TO A CRIMINAL HISTORY RECORD MAY BE MADE AT ANY GIVEN TIME, A NEW INQUIRY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. *****************..*****..*** NAME(S) USED: PHYSICAL: DATE(S) OF BIRTH: PLACE(S) OF BIRTH: IDENTIFICATION *************************** MERCADO, ELVIRA REYES, ELVIRA REYESDEMERCADO, ELVIRA SEX: F RACE: W HGT: 503 EYE: BRO HAIR: BLK SKN: MM ************************** CRIMINAL HISTORY Cycle 001 ARREST DATE ARRESTED AGENCY ARREST NUMBER NAME USED CHARGE CHARGE LITERAL TYPE/LEVEL OFFENSE DATE DOCKET WGT: 130 *s:**** **::**************** 06/03/2008 LAKEWOOD POLICE DEPARTMENT 0809522 MERCADO, ELVIRA 01 FAIL TO APPEAR CIVIL MATTER MISDEMEANOR 06/03/2008 D0302008Cv001928 *CRIMINAL JUSTICE AGENCIES MAY NOT HAVE PROVIDED ALL ARRESTS, *CHARGES OR DISPOSITIONS TO THE CBI. THIS RECORD SHOWS ALL *ARRESTS, CHARGES & DISPOSITIONS THAT WERE PROVIDED, UNLESS *ACCESS TO THEM HAS BEEN LIMITED BY COURT ORDER. *FALSIFYING OR ALTERING THIS RECORD WITH THE INTENT TO MISREPRESENT* *THE CONTENTS OF THE RECORD IS PROHIBITED BY LAW, AND MAY BE * *PUNISHABLE AS A FELONY WHEN DONE WITH THE INTENT TO INJURE OR * *DEFRAUD ANY PERSON. * ---- END OF RECORD MEETING DISSEMINATION CRITERIA ---- 09/29/2015 07:25MT Page 2 20150930-11521 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2015272000000078160 TCN 014C0000331464 THE ENCLOSED RECORD, DATED 2015/09/29, WITH THE FBI NO. 123771TB4 AND NGI CONTROL NUMBER (NCN) E2015272000000078160 IS BEING PROVIDED AS THE RESULT OF CIVIL RETAIN IDENT TEN -PRINT SUBMISSION. A CRIMINAL HISTORY REQUEST NOTIFICATION(S) WAS SENT BY THE FBI TO THE FOLLOWING ORGANIZATIONS, EXCEPT FOR THOSE INDICATING THAT THE REFERENCED SUBJECT IS DECEASED. COLORADO FBI - STATE ID/CO2229010 - FBI/123771TB4 SINCE THIS RESPONSE CONTAINS NATIONAL FINGERPRINT FILE (NFF) AND/OR III PARTICIPANT STATE(S) REGULATED DATA, THE RESPONSE MAY NOT BE COMPLETE. HOWEVER THE FBI MAINTAINED DATA FROM THE NON -RESPONDING III PARTICIPANT STATE(S) IS INCLUDED IN THE RESPONSE. COCBI0000 CO BUREAU OF INVEST COLORADO B OF I STE 3000 690 KIPLING ST DENVER,CO 80215-8001 Page 1 20150930-11521 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 COCBI0000 ICN E2015272000000078160 THE FOLLOWING FBI IDENTIFICATION RECORD FOR 123771TB4 IS FURNISHED FOR OFFICIAL USE ONLY. DESCRIPTORS ON FILE ARE AS FOLLOWS: NAME MERCADO,ELVIRA SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR F W 503 145 BROWN BLACK BIRTH CITY BIRTH PLACE UNREPORTED MEXICO PATTERN CLASS WU RS RS RS LS LS LS OTHER BIRTH SOCIAL DATES SCARS -MARKS -TATTOOS SECURITY MISC NUMBERS NONE NONE ALIAS NAME(S) REYESDEMERCADO,ELVIRA END OF COVER SHEET NONE UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 Page 2 20150930-11521 COCBI0000 ICN E2015272000000078160 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. THIS RECORD IS SUBJECT TO THE FOLLOWING USE AND DISSEMINATION RESTRICTIONS UNDER PROVISIONS SET FORTH IN TITLE 28, CODE OF FEDERAL REGULATIONS (CFR), SECTION 50.12, BOTH GOVERNMENTAL AND NONGOVERNMENTAL ENTITIES AUTHORIZED TO SUBMIT FINGERPRINTS AND RECEIVE FBI IDENTIFICATION RECORDS MUST NOTIFY THE INDIVIDUALS FINGERPRINTED THAT THE FINGERPRINTS WILL BE USED TO CHECK THE CRIMINAL HISTORY RECORDS OF THE FBI. IDENTIFICATION RECORDS OBTAINED FROM THE FBI MAY BE USED SOLELY FOR THE PURPOSE REQUESTED AND MAY NOT BE DISSEMINATED OUTSIDE THE RECEIVING DEPARTMENT, RELATED AGENCY OR OTHER AUTHORIZED ENTITY. IF THE INFORMATION ON THE RECORD IS USED TO DISQUALIFY AN APPLICANT, THE OFFICIAL MAKING THE DETERMINATION OF SUITABILITY FOR LICENSING OR EMPLOYMENT SHALL PROVIDE THE APPLICANT THE OPPORTUNITY TO COMPLETE, OR CHALLENGE THE ACCURACY OF, THE INFORMATION CONTAINED IN THE FBI IDENTIFICATION RECORD. THE DECIDING OFFICIAL SHOULD NOT DENY THE LICENSE OR EMPLOYMENT BASED ON THE INFORMATION IN THE RECORD UNTIL THE APPLICANT HAS BEEN AFFORDED A REASONABLE TIME TO CORRECT OR COMPLETE THE INFORMATION, OR HAS DECLINED TO DO SO. AN INDIVIDUAL SHOULD BE PRESUMED NOT GUILTY OF ANY CHARGE/ARREST FOR WHICH THERE IS NO FINAL DISPOSITION STATED ON THE RECORD OR OTHERWISE DETERMINED. IF THE APPLICANT WISHES TO CORRECT THE RECORD AS IT APPEARS IN THE FBI'S CJIS DIVISION RECORDS SYSTEM, THE APPLICANT SHOULD BE ADVISED THAT THE PROCEDURES TO CHANGE, CORRECT OR UPDATE THE RECORD ARE SET FORTH IN TITLE 28, CFR, SECTION 16.34. - FBI IDENTIFICATION RECORD - WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT FURNISHED THE DATA TO THE FBI. END OF PART 1 - PART 2 TO FOLLOW COCBI0000 PART 2 UNITED STATES DEPARTMENT OF JUSTICE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION CLARKSBURG, WV 26306 Page 3 ICN E2015272000000078160 20150930-11521 - FBI IDENTIFICATION RECORD - FBI NO.-123771TB4 NAME REYES,ELVIRA FBI NO. DATE REQUESTED 123771TB4 2015/09/29 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR F W 503 140 BRO BLK BIRTH PLACE MEXICO (MEXICAN STATE) PATTERN CLASS CITIZENSHIP WU RS RS RS LS LS LS UNKNOWN MEXICO 1 -ARRESTED OR RECEIVED 1993/10/22 SID- CA10637049 AGENCY -SHERIFF'S OFFICE SANTA ANA (CA0300000) AGENCY CASE -832183 FINGERPRINT INFORMATION BSI/2000092557703 PRINT DATE/1993/10/22 CHARGE 1-001 COUNT OF CRT ORDER BOOK, THFT PRSNL PROP/PTY THFT RECORD UPDATED 2015/09/29 ALL ARREST ENTRIES CONTAINED IN THIS FBI RECORD ARE BASED ON FINGERPRINT COMPARISONS AND PERTAIN TO THE SAME INDIVIDUAL. THE USE OF THIS RECORD IS REGULATED BY LAW. IT IS PROVIDED FOR OFFICIAL USE ONLY AND MAY BE USED ONLY FOR THE PURPOSE REQUESTED. ********************** CRIMINAL HISTORY RECORD ':*** ::***************•** *******************::****::*** Introduction ****** ***************** This rap sheet was produced in response to the following request: Subject Name(s) State Id Number co2229010 (CO) Purpose Code I Attention E2015272000000078160;T The information in this rap sheet is subject to the following caveats: COLORADO BUREAU OF INVESTIGATION - IDENTIFICATION UNIT 690 KIPLING STREET, SUITE #3000, DENVER, COLORADO 80215 (303) 239-4208 THIS IDENTIFICATION RECORD IS FOR LAWFUL USE ONLY AND SUMMARIZES INFORMATION SENT TO THE COLORADO BUREAU OF INVESTIGATION FROM FINGERPRINT CONTRIBUTORS IN THE STATE OF COLORADO. UNLESS FINGERPRINTS ACCOMPANIED YOUR INQUIRY, THE COLORADO BUREAU OF INVESTIGATION CAN NOT GUARANTEE Page 4 20150930-11521 THIS RECORD RELATES TO THE PERSON IN WHOM YOU HAVE AN INTEREST. IF THE DISPOSITION IS NOT SHOWN OR FURTHER EXPLANATION OF AN ARREST CHARGE OR DISPOSITION IS DESIRED, THAT INFORMATION MAY BE OBTAINED FROM THE AGENCY WHO FURNISHED THE ARREST INFORMATION. ONLY THE COURT OF JURISDICTION OR THE RESPECTIVE DISTRICT ATTORNEY'S OFFICE WHEREIN THE FINAL DISPOSITION OCCURRED CAN PROVIDE A CERTIFIED COPY TO ANY SPECIFIC DISPOSITION. STATE LAW GOVERNS ACCESS TO SEALED RECORDS. BECAUSE ADDITIONS AND DELETIONS TO A CRIMINAL HISTORY RECORD MAY BE MADE AT ANY GIVEN TIME, A NEW INQUIRY SHOULD BE REQUESTED WHEN NEEDED FOR SUBSEQUENT USE. (CO) ************************* * Subject Name(s) MERCADO, ELVIRA REYES, ELVIRA (AKA) REYESDEMERCADO, ELVIRA Subject Description FBI Number 123771TB4 ) Social Security Number Sex Female Height 5'03" Hair Color Black Place of Birth MM Employment Occupation Employer Residence Residence as of IDENTIFICATION (AKA) State Id Number 2229010 (CO Race white Weight 130 Eye Color Brown OWNER UNKNOWN **::*********:;************** Date of Birth 2008-06-05 1937 S JAY CT, LAKEWOOD CO ************************** CRIMINAL HISTORY ******s:::****************** Cycle 1 Tracking Number Earliest Event Date 12193336 2008-06-03 Arrest Date Arresting Agency Subject's Name Charge Charge Literal statute Counts 2008-06-03 CO0300400 LAKEWOOD POLICE DEPARTMENT MERCADO, ELVIRA 1 FAIL TO APPEAR FAIL TO APPEAR (5015 ) 1 Severity MISDEMEANOR **************• ****••• INDEX OF AGENCIES Agency LAKEWOOD POLICE DEPARTMENT; * * * END OF RECORD * •• Page 5 :;********** ************* 000300400; Rafaela Martinez From: Sent: To: Subject: Janet Lundquist Monday, October 05, 2015 9:59 AM Rafaela Martinez RE: New Transfer of Ownership (Tavern License) - Fiera Entertainment, LLC dba El Caporal This is an existing location. Public Works doesn't have any comments at this time. Janet Lundquist Support Services Manager Weld County Public Works Dept. P.O. Box 758, Greeley, CO 80632 Tele-970.356.4000 ext 3726 Fax- 970.304.6497 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Rafaela Martinez Sent: Thursday, October 01, 2015 4:16 PM To: Dan Joseph; Bethany Pascoe; Tom Parko Jr.; Lisa Carpenter; Janet Lundquist; Roy Rudisill; Bob Choate; Frank Haug Subject: New Transfer of Ownership (Tavern License) - Fiera Entertainment, LLC dba El Caporal Hello! In accordance with the procedure for processing New Liquor License Applications, please review all records on the following document/establish for any associated reports/incidents and return your report to the Weld County Clerk to the Board's Office within two weeks. Your report will be used by the Board of County Commissioners in considering the Applicant's Liquor License PLEASE RESPOND NO LATER THAN: October 16, 2015 Applicant: Fiera Entertainment, LLC, dba El Caporal previously known as Lonestar, LLC, dba Vaqueras Night Club The Current Tavern License does not expire until 1/24/2016 and a Temporary License was Approved by the Board of County Commissioners on September 16, 2015. File Location: LC0042 Thank you! 1 MEMORANDUM To: Rafaela Martinez, Deputy Clerk to the Board October 6, 2015 From: Bethany Pascoe, Zoning Compliance Officer, Dept. of Planning Services Subject: LC0042 Review of the following liquor license renewal (Transfer of Ownership) by the Department of Planning Services shows the following: License Number: 27-77326-6000 Applicant: Fiera Entertainment, LLC dba El Caporal 10763 Turner Boulevard #1 & #2 Longmont, Colorado 80504 Mailing Address: Same as above Zone District: C-3 (Z-503) and 1-25 RUA This use is allowed as a Use by Right through the zone district and is permitted through 2 (two) existing Site Plan Reviews (SPR-103 & SPR-107). Upon review of my case files and computer, no open Zoning violations are associated with this establishment at this time. SERVICE, TEAMWORK, INTEGRITY, QUALITY Memorandum TO: Rafaela Martinez FROM: Dan Joseph SUBJECT: Liquor license inquiry DATE: 10/16/15 CC: Cindy Salazar; Debra Adamson RECEIVED OCT 16 2015 WELD COUNTY COMMISSIONERS In response to your request, Environmental Health Services has reviewed the Retail Food Service Establishment file for the El Caporal, located at 10763 Turner Boulevard Unit #1, in Longmont, Colorado. At this time, there are no problems or concerns regarding this establishment. Should you have any questions regarding this matter, please contact me via e-mail at djoseph@co.weld.co.us or by phone at 970-304-6415 extension 2206. Thank you. Dan Joseph Environmental Specialist III PURSUANT TO THE LIQUOR LAWS OF ADO c ERA_ENTfR��1NMENT,1.1,C lo� Fr"��pow��.� � Tab 1,4,E z 1-awUNkpntT►C.o go5oi-coay9 HAS REQUESTED THE LICENSING Maw OF ._ OFFICIALS ME ��y Co TOeatA�'° at cE LICENSE �� AT: \O 1 WS '`t"u ti►ve'i32, UMM f HEARING �t ON APPLICATION. TO BE HELD AT: WE1b ath&Nw AMA STERTia 2Al,Lt�Ws 1ts0 G" Sr9ar, s, LFv, Cb abut TIME AND DATE: DATE OF APPLICATION:SEPT. 17 , 206 BY ORDER OF:t euspry Co sswatie OFFICERS: EVIIU' Wits, OWHEL Ci ) • r S. 41.11.. *. 8715 2810 6918 UL AND RETAIN THIS COPY BEFORE AFFIXING TO THE PACKAGE. NO POUCH NEEDED. 0 Lid L22 03 W Co m v Teal; Ee cut ES en C O 1. O 3 E II . C a W W 'O ≥3i C co 81 W oz ¢ _ 0. en 1� r V I 0 E •aE AL! I sz N 01 asa 4 Ce we 0415722399 m ^ , U U, —� Hello