OF DOLO  GT13D9 AGENDA  TOWN OF DOLORES COLORADO BOARD OF TRUSTEES MEETING/WORKSHOP March 25th, 2024, WORKSHOP/MEETING5:30P.M. THEI MEETING WILLE BE HELD AT TOWN HALL 420 CENTRAL. AVENUE.  IF) YOUI WISH" TO ATTEND' VIRTUALLY, PLEASE VISIT THE TOWN' WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR  THE: ZOOMI LINK tps/townofdolores.coloradogov  WORKSHOP: 5:30 p.m.:  1. Community Center update and advisory board applications. A. Advisory Board procedure for selection. B. Updates to the center C. Application for manager 2. Town Cleanup days staff changes. BOARD MEETING: 6:30 p.m. 1.CALLTOORDER 2. PLEDGE OF ALLEGIANCE 3. ROLLO CALL:  3. Letters of Interest for Community Center Advisory Board  4.ACTION/APPROVAL OF THE AGENDA  5. IDENTIFICATION OF ACTUAL OR PERCEIVED CONFLICTS OF INTEREST.  6. CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person will have 5 minutes. The Town Board encourages public comment by the following sources: Live at the Town Hall, virtually via ZOOM (see the Town Website for the link), or by submitting your comments, via email, to the Town Clerk at aimnyetowpocolbrescom  any time before the dated Board meeting.    7.CONSENT AGENDA:  7.1 Liquor License Renewal: GSTI Liquors 2024 Retail Liquor Store renewal.  8.STAFF EPORIS/PAEENIATONS: 8.1 Manager: Leigh Reeves 8.2 Attorney: Jon Kelly 8.3 Treasurer: Heather Robertson  9.BOARDI MEMBERS COMMENTS AND REPORTS: (5 minutes only)  Commissioner. Jim Candelaria Mayor Chris Holkestad Trustee VallTruelsen Trystee Sheila Wheeler Trustee Andy Lewis Trustee Kalin Grigg Trustee Mark Youngquist Trustee Chris Curry  10. ADMINISTRATIVE BOARD BUSINESS: 10.1 Discussion/Possble Action: Sheriffs Contract for 2024 10.2 Discussion: Joe Rowell Park update  11. ACTION/APPROVAL: PUBLIC HEARINGS, ORDINANCES/RES/RESOLUTIONS:  11.1 Public Hearing/Acton/Aproval for al hotel/restaurant liquor license for Kelly's Kitchen LLC, 11.2 Resolution R580 Series 2024, awarding a contract for asbestos abatement to Ensolum LLC. 11.3 Ordinance 571 Series 2024 First Reading. Amending Title 13 oft the Dolores Municipal Code 12. FUTURE AGENDAI ITEMS AND MANAGEMENT ITEMS: Items will not bet finalized until actual agenda Joint workshop with the Rotary Club, Chamber of Commerce, and" Town Board of Trustees.  located at 315 Central Avenue Unit BI Dolores Colorado. pertaining to separate water and sewer lines.  13. FUTURE MEETINGS & EVENTS: P&Z meeting: April 2nd, 2024 Board meetings: April 8th, 2024. Election Day: April 2nd, 2024  Parks meeting: Parks Advisory Board April 11th, 2024  14.ADIOURNMENT    HrxSaz  Clean-up days transition  In previous years citizens placed their items out on the street edge for pickup. They were supposed to separate the cast off by type, green wastes, dump stuff and scrap The entire four-man staff was employed to haul debris and  metal. Most citizens complied with the rules. green waste to the designated places.  The citizen will need to provide proof of intown residency  to participate this year.  This year the staff will assign one employe to assist the citizens as they bring their dump and metal scrap stuff to the Town Shop at 31 Central. The employee will help the A S second employee will attend the gate at the town dump on T.5 road. The citizens' load will be inspected then directed to the dumping area. The citizen will have to  customer unload.  unload the green waste themselves.  This program will enable two employees to continue with parks maintenance throughout the week to prevent mowing operations and sprinkler repairs falling behind.    WSRkSHaP #3  oIIORA  Date: March 7h,2024  The Town of Dolores has purchased the Dolores Community Center located at 4001 Riverside. Ave, Dolores, CO We are creating a new advisory board that will consist of one Ex-Aficio Town Board Member andi four members that all have an equal vote in creating the by-laws, mission and focus of the Community Center including its We are looking for those individuals now. Please send al letter ofi interest to egh@lownotogrescom by March  81323.  commercial kitchen.  15th, 2024. Please be sure to include the following:  Please include your name, address, email and telephone number. Your availability to meet after working hours atl least once per month for 2-3 hours. experience on committees serving these organizations.  Any prior experience you have serving on an advisory board, community center, non-profit, for profit or Experience in economic development, community development or non-profit management. Your connections to local businesses, organizations, and stakeholders. Diversity in perspectives and backgrounds to ensure representation of the community.  Skillsi in financial management and! budgeting. Background in sales, marketing, or public relations. Good communication skills andi the ability to work with technology. Expertise int fundraising and grant writing. Knowledge of local govemment policies and procedures. Finally, why do YOU want tol be on this board.  Please keep your letter to one page single spaced and send to egh@lownodoloes.com by March 15th, 2024 by  5pm.  Thanks for your interest. We are excited tot talk to you!  420 Central Ave, POI Box 6301 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 wwwlowmordolores.com    3  Dear Leigh:  lami interested in serving on the advisory board fort the Dolores Community Center (DCC). Having worked at the DCC for over seven years, through June of 2023, as both the manager andj janitor, I have al lot of institutional knowledge as to how things have worked there.This insight also made me aware of thei issues and problems with the building and the way the non-profit operates. To be sure there is Prior to my DCC employment, Itaught for 30 years and served as pre-K through 12th grade librarian from 2010-2015 at Dolores Schools. lalso coached girls' sports, knowledge bowi, and student council. Iwas in charge of my classroom budget and managed the all-school library budget. Iled fundraising efforts for all the activities I coached and sponsored. In addition, lworked to organize and fundraise for the annual 8th grade trip to Denver and two overseas student trips to Costa Rica and Italy Hoping to immerse older students into the world of community service, applied for Dolores High School to become a part oft the EI Pomar Foundation's EPYCS (EI Pomar Youth in Community Service) program. We were accepted into the project, and within the nexti two years my co-sponsor and I helped the club to fundraise and solicit local non-profits to write grants. The students evaluated the grants and Elected as an officer for ten years and president for five, Iwas active in the Dolores Education Association (DEA) and the state and national organizations. In order to offer four different graduate-level classes for my colleagues, Iwrote in-house grants, and Colorado Reading Association grants toi fund the courses. lwrote the curriculum for each course and taught the classes in order to provide local opportunities for earning graduate credits. In 2012 our DEA leadership headed up efforts to canvas the town informing citizens regarding Bond Measure 3C for school improvements. A community survey completed after the passage of 3C, it was clear that our work was instrumental in clinching the 'yes' vote As a 4th generation Dolorian, I'm proud to say my family has owned and operated businesses in Dolores since the 1930's. Ten decades later, my sister and her husband are still running the Dolores General Store that my parents opened 30 years ago. Growing up in family businesses was an education. Not only did my siblings and Ik learn to work hard and understand finances, we learned of the power of community. Our parents emphasized the connection of business to public relations and civic and social Teachers in my middle school team fostered that same belief within our students in regard to the town and community. Our students spent nearly a week in the spring of 1989 helping to clear the land of rocks, brush and debris during the initial creation of. Joe Rowell Park. We volunteered to clean up Flanders Park and the downtown area after Escalante Days for several years. My eighth-graders planted the trees at Riverside Park. In 2001, during the building of the original Kotarski Memorial Playground, we and our students sanded and painted and built walls and paths investing in their younger siblings and the Many current business owners are the parents of my former students or the students themselves. Ihave a good relationship with both Rotary and the Chamber of Commerce as well as many other individuals, groups, and businesses from my interactions with them when Ir managed the Center. THEY are the reason I want to serve on this board. We are sO lucky to have this wonderful asset on prime land in our community.The Community Center has provided space for so manyi individuals and groups to celebrate life's most poignant moments. From fundraisers to family reunions, from quinceaneras to quilt shows, from celebrations ofl life to Sunday services the DCC provides a special space that can magically transform into the vision of any renter's purpose. llooki forward to the continuing metamorphosis.  room for improvement and innovation.  and France.  distributed nearly $30,000.00 in funding to several Montezuma County non-profits.  responsibility.  future of our town.  Sincerely, Jonnie Ryan    # 3  Sarah Vass  Regarding thel Dolores Community Center Board Letter ofl Interest  524) E. Arbecam Ave, Cortez CO81321 vass706@gmai.om (970)7397306  My name is Sarah Vass and I am interested in serving on the Community Center Board ofDirectors. Iwas raised in] Dolores, Colorado and now call this area my home as an adult.I graduated Dolores High School in2 2018, my parents brought my sister and) I up while operating the Dolores Food Market. The Community Center has always been aj part oft my backyard and neighborhood. Ir remember the Community Center before the grand remodel. Ihave many memories ofa attending various functions including al big Vass family reunion. The açcess to the river and the Center's central location makes it the perfect location for events both big and small. The commercial kitchen space is a valuable rental asset. As the store director ofDolores Food Market, I am in charge of hiring, employee retention, ordering and receiving. Iwork directly with the finances of the grocery business. Iknow how to budget in order to make it through the slower seasons like winter. II have 25 years of] Dolores history as a resource. As the social media manager fort the Market, Itrack the news that circulates not just in Dolores, but the entire Montezuma county. Ibuy bread and pastries from the wholesale bakers using the kitchen and the Market sells out of everything they deliver. The rental kitchen is a revenue driver oft the building, it can be rented The Community Center acts as al business incubator for wholesale food producers. The rarity of thei rental commercial kitchen should: not be overlooked. Having a business incubator in our towni is valuable for local startups, town commerce and area sustainability. Small businesses can legally try their hand at making wholesale foods forj purchase at established retail businesses. Ihave been long advocating for the modernization of the commercial kitchen, ini terms ofal legal sink, more ovens and metal counter tops for safe food handling procedures. Ibelieve these costs would pay for themselves with increased business Ia am an avid attendee at the bi-monthly Town Board Meetings. Ilove watching the government function.I am the grant writer: for the Market and just finished submitting a grant to the Fresh Food Initiative, Good Myl knowledge of Dolores and the Community Center is informative, historical and significant to the operation of the Community Center through this transition period. The decisions made now will impact the future communities of Dolores. Ia am a vested and dedicated participant in my town and hope thatI can  overnight andi is a low impact event.  incubator rentals.  Food Collective.  serve as a Community Center board member.  Sincerely,  Sarah Vass    N  To: Town ofI Dolores, Manager and' Trustees From: Jennifer Stark; 203 S. 2nd St.  RE: Letter of Interest: Dolores Community Center Advisory Board  Town ofDolores Trustees and Staff  Please consider this letter ofinterest in serving as an Advisory Board member for the Dolores Community Center on behalf oft the Town of Dolores Trustees. As indicated by the items requested, Iam available to meet in an advisory board fashion on a monthly basis. Many of you are familiar with my history ofs service and are awareIhave served as a' Town Trustee in addition to serving on the Town Attainable Housing Task Force. My working knowledge of town operations and initiatives could be helpful in the formation of this initial advisory board. Ini my prior community work Ihave been very helpful in solution focused start up initiatives and am often very resourceful and connected throughout the southern region. My institutional knowledge oft the past work and partnerships with the Town ofDolores could be Iserved on the Region 9 Economic Development Board for several years and I also am familiar with and attune to economic drivers, enterprises and strategies that may aid in bringing more Iam very connected throughout the Four Corners region and am the sort of person that can orchestrate mutually beneficial relationships. Iunderstand financial reports and have participated ins some extensive grant writing and fundraising initiatives. As you all are aware, Ihave high communication skills, strong follow though and Iwork collaboratively in a successful manner Overall, you can select all sorts of skilled people toj join the Advisory Board, in fact that may work in the benefit ofthe Community Center and the Town. Those ofy you that are familiar with me, and my contributions will know that you can be rest assured that you will have high confidence in my ability to get things done for this Center and for the Town. Iappreciate your consideration and look forward to providing any further information you may  additionally beneficial.  stable and beneficial use of and to thel Dolores Community Center.  with people from diversified backgrounds.  need in your selection process.  Thank you S Jen Stark  970-882-8868; tarisier/1@gmal.com    # 3  To the Dolores Town Manager:  March 8, 2024  l'ams submitting this letter of interest to apply for a position on the Advisory Board for the Dolores Community Center. lam available to meet after working hours once a month for 2-3 hours. Ihold a PhD in Anthropology and as such, have had extensive experience in education and research. This is pertinent to your qualifications as Ihave excellent communication skills- both writing and speaking. Icani facilitate group meetings, and am agile with technology including web based platforms, internet applications and sO on. lam also well versed in working with people of different For 10 years Iwas ai freelance writer fort the Four Corner Free Press, which exposed me to all aspects oft the local community including stakeholders of local organizations. You are welcome to peruse the archives to sample my writing: tis/louromesfeyess com/s-JanneleMiler l'am fluent in Spanish and would be able to easily converse with any members of the public wishing to Ihave lived in Dolores since 2008 and own a home here. During that time Ihave been involved in many local businesses and organizations, running a small complementary health care practice and a river outfitting business, Soft Adventures Rafting. am familiar with local government policies and Most of my experience with advisory boards and other committees in the past has been with health oriented groups. Ihave enjoyed serving on the boards oft the Arizona Ethnobotanical Research Association, the Midwifery Education. Accreditation Council, and the Oregon Midwifery Council. Ihave written and received several grants- again related to my work as an applied anthropologist- including a Fulbright for my field research in Mexico. Iknow how to manage budgets, fundraise and Ilive one house away from the Community Center. Ia am acutely aware of most of what goes on there, and have been for the past 15+ years. Iwould like to ensure that the activities taking plaçe at the Community Center do noti impinge on the well-being and neighborhood atmosphere oft those living across the street at the Senior housing and those on Riverside who have small children. Often times int the past year there have been unacceptable breaches of the town noise ordinance, with loud music going on past midnight. In my opinion, a community center' run by the town should not violate town policies or disrupt the "quiet enjoyment" of residents, and ensuring that this will not continue to happen Finaly, I'm excited about the possibilities that town management of the community center presents. I think there are many ways the community center can really serve the wants and needs of the community as a local meeting place and' "center" fori those who live here. Ifeel my background is a good match for your board and I'd love to get involved in community service. llook forward to being able to work with other town residents to optimize the potential of this wonderful building.  ethnicities, socioeconomic backgrounds, and demographics.  utilize the community center who are Spanish speakers.  procedures related to both home and business ownership in Dolores.  market- although admittedly these are not my favorite activities!  isp part of my interest in serving on the advisory board.  Sincerely, Cw Janneli F. Miller 404 Riverside Dolores, CO81323 970/209-8069 emmeupe@polommalcon    #3  Kourtney Morgan Ridenour 17287 Road 24Dolores,co8 81323 (805)798-0636  Iam available to meet after working hours  My Background is 24 years lived experience as an apparel designer at Patagonia this would include sales and marketing of new product each season  Served two; years on the Patagonia Grants Council where we reviewed hundreds of grants quarterly and made. fiscal decisions regarding the gifting off funds  to grassroots environmental organizations (NGO) Helped to Grow Patagonia in my roll as. Designer  from a 3 Million dollar company to a 6 Billion dollar company over Ihave a clear knowledge of equity and inclusion practices and awareness around different perspectives and backgrounds always seeking a deeper Ihave great communications skills and some ability with technology Iam excited to try my skills at: fundraising and would love to become adept at grant writing, , ifI can't do it: myselfI'll find the person who can Iam interested in serving on this advisory board as an opportunity tol become: more connected with the community of] Dolores and to provide ai fresh perspective and insure the community center will represent all members oft the area no matter the socio economic background  the course of 34; years  understanding of all community members  thank you for this opportunity  Sincerly, Kourtney Morgan    OF DOLD  CST1D09 AGENDA  TOWN OF DOLORES COLORADO BOARD OF1 TRUSTEES MEETING/WORASHOP March 25th, 2024, WOR/SHOP/MEETING: 5:30 P.M. THE MEETING WILLI BEI HELD AT1 TOWNI HALL 420 CENTRAL AVENUE.  IFYOUV WISH TO ATTENDI VIRTUALLY, PLEASE VISIT THE TOWN WEBSITE UNDER GOVERNMENT TOWN BOARD MEETING FOR  THEZ ZOOMI LINK https/Ptownofdolores.colorado.goy WORKSHOP: 5:30 p.m.:  1. Community Center update and advisory board applications. A. Advisory Board procedure for selection. B. Updates to the center C. Application for manager 2. Town Cleanup days staff changes. BOARD MEETING: 6:30 p.m. 1. CALLTO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL:  3. Letters of Interest for Community Center Advisory Board  .ACTION/APPROVAL OF1 THE AGENDA  5. IDENTIFICATION OF ACTUAL ORI PERCEIVED CONFLICTS OF INTEREST.  6.CITIZENS TO ADDRESS THE BOARD: This is an opportunity for Citizens to address the Board at this time or during al Public Hearing. Each Person will have 51 minutes. The Town Board encourages public comment by thet following sources: Live at the Town Hall, virtually via ZOOM (see the Town' Website for the link), or by submitting your comments, via email, to the Town Clerk at ammyPtowpolcolortiscom  any time before the dated Board meeting.    #71  DR8400 (03/31/23) COLORADO DEPARTMENT OF REVENUE Liquor Enforcement Division Submitt toLocal Licensing/ Authority  APPLICANT ID: 256578  Fees Due Renewal Fee Storage Permit Sidewalk Service Area $75.00 Additional Optional Premisel Hotel& Restaurant Related Facility- Campus Liquor Complex $160.00 peri facility Amount Due/Paid  352.50 $ $ $ $452.  $100X. - $ loo  GSTI LIQUOR PO BOX 937 Dolores CO 81323  $100X.  Make check payable to: Colorado Department of Revenue. The State may convert your check to a one- time electronic banking transaction. Your bank account may be debited as early as the same day received! by the State. Ifconverted, your check) wiliz not ber returned. lfyour checki isr rejected due toi insufficient or uncollected funds, thel Department may collect they payment amounto directly fromy your banking accounteledrricaly.  Retail Liquor License Renewal Application  Please verify & update all information below  Return to city or county licensing authority by due date  Licensee Name GST LIQUORS, INC Liquor License # 03-01436 Sales Tax License Number 25430190 Business Address 102 SOUTH 11TH STREET Dolores CO 81323 Mailing Address POI BOX 937 Dolores CO 81323 Operating Manager hindTahnen  Doing Business As Name (DBA) GST LIQUOR  License Type Retail Liquor Store (city)  Expiration Date 06/10/2024  Due Date 04/26/2024  Phone 9707390092- Number 970-582- Phone Number 770-737-8215  Email  2229  Date of Bith Home Address  13935 Rcl R6 Corienco 813a1  1. Do youl have legal possession oft the premises at the streetaddress above?  Yes No  Are thep premises owned or rented? x Owned Rented* table in upper right hand corner and include alli fees due. 5 Yes  No  "lfrented, expiration date oflease_  2.A Arey you renewing a storage permit, additional optional premises, sidewalk service area, or related facility? Ify yes, please see the 3a. Arey you renewing at takeout and/or delivery permit? (Note: must hold a qualifying license type and be authorized for takeout and/or  delivery license privileges) D Yes KK No 3b. Ifso, which are your renewing? Delivery Takeout  Both Takeout and Delivery  4a. Since the date of filing of the last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest int the applicant, been found ini final order ofai tax agency to be delinquent int the payment of any state or localt taxes, penalties, ori interest relatedi 4b. Since the date ofi filing oft thel last application, has the applicant, including its manager, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any other person with a 10% or greater financial interest in the applicant failedt to 5. Since the date of filing of the last application, has there been any change ini financial interest (new notes, loans, owners, or and attach al listing ofa alll liquor businesses in whichi these new lenders, owners (other thanl licensed financial institutions), officers, 6. Since the date of filing of thel last application, has the applicant or any of its agents, owners, managers, partners or lenders (other than licensedi financial institutions) been convicted ofa a crime? Ify yes, attach a detailed explanation. D Yes No  business?  Yes A No  toa  pay any fees or surcharges imposed pursuant to section44-3-503, C.R.S.? Yes X No  structure  organizational  (addition or deletion of officers, directors, managing members or general partners)? Ifyes, explain etc.)o in detail  directors, managing members, or general partners arematerially interested. Yes K No  5    7.1  2  DRE 8495 (07/23/19) COLORADO DEPARTMENT OFI REVENUE Liquor Enforcement Division  Tax Check Authorization, Waiver, and Request to Release Information  Lndak Sonnson  am signing this Tax Check Authorization, Waiver and Request to Release  Information (hereinafter' Waiver") onbehalf of GST Liguors Tns,  (the AppicanvLicensee)  top permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. Iflam signing this Waiver for someone other than myself, including on behalf of a business entity, I certify that i have the authority to execute this Waiver on behalf oft the The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. Thei information and documentation obtained pursuant tot this Waiver may be used in connection with the Applicanvlicensees liquor license applicationand ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and sett forth the investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations oft the Liquor Code and Liquor Rules, including failure to meet tax reporting and paymentoDigations. The Waiver is made pursuant to section 39-27-113(4), C.R.S., and any other law, regulation, resolution or ordinance concerning the confidentiality of taxi information, or any document, report or return filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of a license, or until both the state and local licensing authorities take final action to approve or deny any application(s) for the renewal of the license, whichever is later. ApplicantLicensee agrees to execute a new waiver for each subsequent licensing period in connection with the renewal By signing below, ApplicanvLicensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents ori information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applicantslicensee's duly authorized representative under section 39-21-113(4), C.R.S., solely to allowi thes state and! local licensingauthorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. ApplicantLicensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use thei information and documentation obtained using this Waiver in any administrative orj judicial action regarding the  AppicantVLicensee.  of any license, if requested.  application or liçense. Name Indhidua/Business) GsT Address Ciy Dolores Home Phone Number 770-739- 9a1s Printed name ofp persons signing on behalf oft the Applicant/Licensee  Social Security NumberTax Identification Number  Tas.  Liguors  1025. 1/th ST - Po Box 937  State Co  Zip 81323  Business/Work Phone Number 970-28R-2227  Lance Johnson  AppicantLipensees: Signature (Signature authorizing the disclosure of confidential taxi information)  Dates signed 3-13-24  Mnnir  Ommoe  Privacy Act Statement  Providing your Social Security Number is voluntary and no right, benefit or privilege provided by law will be denied asa  result of refusal to disclose it.s $7of Privacy Act, 50 USCS S 552a (note).    7.1  3  DR8400 (03/31/23) COLORADOI DEPARTMENT OF REVENUE Liquor Enforcement Division  APPLICANT ID: 256578  7.Since the date oft filing of the last application, has the applicant or any ofi its agents, owners, managers, partners or lenders (other than licensed financial institutions) been denied an alcohol beverage license, had an alcohol beverage license suspended or revoked, orhad interest in any entityt that hada ana alcohol beverage license denied, suspended or revoked? Ifyes, attach ac detailed 8. Does the applicant ora any of its agents, owners, managers, partners or lenders (other than licensed financial institutions) direct ori indirect interest in any other Colorado liquor license, including loans to or from any! licensee ori interest in al loan havea to a  explanation. OYes  No  licensee? Ifyes, attach adetailed explanation. Yes No  any  Affirmation & Consent best of my knowledge. Signature  Ideclare under penalty of perjury int thes second degree that this application and all attachments are true, correct and  complete tot the Title managec. Date 3-13-24 C.R.S., and! Liquor Rules. Date Attest  Type or Print Name of Applicant/Authorized. Agent of Business Linda Kcup Johnson wnda Kcy àcocsom Report & Approval of City or County Licensing Authority  Thei foregoing application! hast been examined andt thep premises, business conducted: ando character oft thes applicant are satisfactory, and  we dol hereby report thats suchl license, ifgranted, will comply with they provisions ofT Title 44,A Articles 4a and: 3,  Therefore this application Is approved. Local Licensing Authority For Signature  Title  6    Montezuma County Sheriff's Office  Steven D. Nowlin - Sheriff  7301 East Driscoll Cortez, Colorado 81321 March 18, 2024 To: Dolores Town Board  Telephone 970-565-8452 wwwemonteamashenitiong  FAX  970-565-3731  Subject: Liquor License Renewal, GST Liquors, Incorporated  Dear Dolores Town Board,  On March 13, 2024, a Colorado Restaurant Liquor License Renewal Application was submitted to the Town of the business identified as GSTI Liquors Incorporated, requesting ai renewal ofColorado Liquor License Number 03-01436, at the business location of102 South lihs Street, Dolores, Colorado. A check for criminal history and/or current court actionsin the State of Colorado and through the National  ofDolores by applicant/manager Linda Johnson,  DBA GST Liquor, indicating ownership  AUMEA  Crime Information Center on applicant Linda Johnsons  revealed no record of criminal or  traffic violation cases that would prohibit this liquor license beingrenewed.  Al local and state records check for GST Liquors, Incorporated, at the business location of102 South 11th  Street, Dolores, Colorado, revealed no liquor violations.  Respectfully, hole Steven D. Nowlin, Sheriff Montezuma County, Colorado  SOLORADO    8.1 I  POTE DOLO  5  Interim Manager's Report  Date: March 25, 2024 To: Board of Trustees From: Leigh Reeves  New Townhall - In an effort to escalate the repair on the town hall Tammy, David and If filed a claim with the Town's insurance provider, CIRSA. They sent an adjustor out on Thursday, March 21, 2024. We can now move forward with the electrician and the contractor, to get the building timeline back on track. CIRSA will then subrogate the claim with State Farm. We are beginning to move the records we can now SO when the floor is complete we canr move  quicker.  Town hall demolition - We have completed the RFP for this project. Itv will be posted in the Journal this week. We will have a walk through for prospective contractors for asbestos removal and demolition. The goal is to have a contract signed and the process begin by Mid-May. Continuing to work with Steve  DiNardo and our team on this.  Community Center - We have engaged Alpine security and Sharp Locks to obtain a quote for keypad locks and cameras for the outside of the building. Our workshop will be about the process to choose the board and hiring a manager to meet clients and secure the building. Sel will be waxing the floor on Friday. David called a plumber to replace the hot water heater as it was leaking. We are also getting a quote on creating an easy to reach easy to see  420 Central Ave, P OBox 6301 Dolores, CO. 81323 Ph. 970-882-7720: fax. 970-882-7466 www.townofdolores.colorado.gov    2  ACIDODRA  ST.  shut off valve for the gas stove as we had a leak last Sunday that could have  been devastating.  Flanders Park bathroom - we will be doing the prep work in-house to begin this project. This will mean a conversation with Joe Becker, Galloping Goose, since they will not be able to run the Goose in the park until the fall/winter. This project must be completed by November 30, 2024. We also have a place on the West wall for public art ift the board is interested. Iwill look for grant money. Phase llwater project t- Tammy posted the RFQ for the engineering portion of the project in the Journal and on our website, etc. with the help of Ken Charles. We will be requesting an engineering grant of $300K to design, engineer and create the plan to start construction in 2025. We must wait until the new CDPHE grant cycle to apply in June. Iwill be bringing some thoughts around creating our portion of paying for this at the next meeting on April 11th,2024 Jon will be presenting an ordinance to discuss ADUS and water taps that has  been developed more fully with David's input.  Heather has spear-headed the Easter Egg hunt for this year. We have been busy filling over 2000 eggs with the help of the Seniors for Saturday's event. We will be sending a noxious weed reminder in the water bill with a link to help people start to eliminate these invasive species. Mark Tucker has been  instrumental in sending this message.  Discussion of staff changes for clean-up days, May 9-11,2024.  420 Central Ave, P O] Box 6301 Dolores, CO. 81323 Ph. 970-882-7720 fax. 970-882-7466 www.townofdolores.colorado.gov    /0.1  TOWN OF DOLORES RESOLUTION R564 SERIES 2023  RESOLUTION APPROVING CONTRACT FOR LAW ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTY BOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY  SHERIFFS OFFICE, AND THE TOWN OF DOLORES  WHEREAS, The Town of Dolores is a statutory town with the authority to enter into contracts generally and with a county sheriff's office in particular to provide law enforcement services for WHEREAS CRS Section 31-4-304 and 306 permits a statutory town to employee a Town Marshal for law enforcement services but does not require the Town to do sO. WHEREAS Colorado law grants the County Sheriff authority to enforce the laws of the state of Colorado throughout the county, having concurrent jurisdiction ini those municipalities with their own law enforcement officers and a duty to provide law enforcement services in municipalities WHEREAS the Town of Dolores has historically found it beneficial to the citizens and businesses in the Town of Dolores to contract with the Montezuma County Sheriff to provide law enforcement services within the corporate limits of the Town of Dolores and wishes to WHEREAS the Town of Dolores has historically provided the County Sheriff with offices for a substation and has expected that deputies on duty will from time to time be required to answer calls for service outside the corporate boundaries of the Town; an arrangement which has been WHEREAS the Town of Dolores approved an earlier version of the contract for law enforcement services at the August 14, 2023, meeting of the Board of Trustees which has been returned by Montezuma County with amendments in the form attached hereto as Exhibit A. NOWTHEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF Section. 1. The Board of Trustees of the Town of Dolores does hereby approve the contract for law enforcement services described in Exhibit A, attached hereto, and commits the funds from Section 2. The Town Manager and Mayor are authorized to execute the Contract attached Section 3. Resolution R549 adopted August 14,2023 is hereby repealed and replaced in its  the Town pursuant to CRS Section 30-11-410.  that lack a town marshal or police force.  continue that contractual relationship.  mutually beneficial to the office of the Montezuma County Sheriff.  DOLORES, THAT:  the Town's General Fund for these services in the 2024 fiscal year.  hereto on behalf of the Town of Dolores.  entirety by this resolution.  1    -  Passed, adopted, and approved November 17, 2023. THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  Mayor Leigh Reeves  Attest:  Town Clerk Tammy Neely  2    3  TOWN OF DOLORES  RESOLUTION#  SERIESJ.021 70>0  RESOLUTION APPROVING CONTRACT FOR LAW ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTY BOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY  SHERIFF'S OFFICE AND THE TOWN OF DOLORES  WHEREAS, The Town of Dolores is a statutory town with the authority to enter into contracts generally and with a county sheriff's office in particular to provide law enforcement services for WHEREAS CRS Section 31-4-304 and 306 permits a statutory town to employee a Town Marshal for law enforcement services, but does not require the Town to do sO. WHEREAS Colorado law grants the County Sheriff authority to enforce the laws of the state of Colorado throughout the county, having concurrent jurisdiction in those municipalities with their own law enforcement officers and a duty to provide law enforcement services in municipalities WHEREAS the Town of Dolores has historically found it beneficial to the citizens and businesses in the Town of Dolores to contract with the Montezuma County Sheriff to provide law enforcement services within the corporate limits of the Town of Dolores and wishes to WHEREAS the Town of Dolores has historically provided the County Sheriff with offices for a NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF Section 1. The Board of Trustees of the Town of Dolores does hereby approve the contract for law enforcement services described in Exhibit A, attached hereto and commits the funds from Section 2. The Town Manager and Mayor are authorized to execute the Contract attached  the Town pursuant to CRS Section 30-11-410.  that lack a town marshal or police force.  continue that contractual relationship.  substation.  DOLORES, THAT:  the Town's General Fund for these services ini the 2024 fiscal year.  hereto on behalf of the Town of Dolores.    M s"ek js -'1  Passed, adopted and approved A-HS-LIS1 4.202-3::  THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By: Attest:  Mayor Town Clerk  1      2024 CONTRACT FOR LAW ENFORCEMENT SERVICES BETWEEN MONTEZUMA COUNTY BOARD OF COUNTY COMMISSIONERS, THE MONTEZUMA COUNTY  SHERIFFS OFFICE AND THE TOWN OF DOLORES  flpdi "2-,S  A&, IAE  AF  THIS CONTRACT, made and entered into es-lel>er, AIf ,20 effective doAU8M-L, 2024 by and between the Montezuma County Board of County Commissioners, and the Montezuma County Sheriff's Office, hereinafter referred to as "County", and the Town of  Dolores Board of Trustees, hereinafter referred to as "Town."  WHEREAS, the Town wishes to enter into a Contract with the County for the provision WHEREAS, the County agrees to provide law enforcement services according to the WHEREAS, the Colorado Constitution and Statutes of the State of Colorado authorizes WHEREAS, Colorado Revised Statues $29-1-203 permits governments to enter into cooperative agreements for the provision of services; and Colorado Revised Statutes $30-11- 410 permits the governing body of a municipality and a county to contract for the purpose of providing law enforcement by the Sheriff within the boundaries of the municipality.  of law enforcement services by the County within the Town of Dolores; and,  terms and conditions set forth below; and,  political subdivisions to contract with each other to provide services; and,  Therefore the Town of Dolores Board of Trustees and the Montezuma County Board of County Commissioners, Montezuma County Sheriff's Office in consideration of the mutual  covenants, promises and conditions set forth below agree as follows:  COUNTY  1. Montezuma County, agrees to provide law enforcement services within the Town limits  of Dolores.  (a)Sheriff shall provide law enforcement services only of the type coming within the jurisdiction of the Montezuma County Sheriff pursuant to Colorado Statutes and (b) The standard level of service provided by the County shall be the same basic level of service which is provided by the Sheriff for the unincorporated areas in Montezuma County subject to the good faith discretion of the Montezuma County Sheriff's Office in consideration of emergency or unexpected law enforcement needs elsewhere in Montezuma County. County will provide as part of this Contract an average of eighty  Town of Dolores ordinances.  (80) hours per week of directly committed patrol service within the Town.  2. The County agrees to provide certain personnel as follows:  2    81 One(1) or more administrative staff who shall be responsible for the supervision and 91 Deputy SherfsOfiversuffent to providet the law enforcement services underthis Contract, to include any additional deputies for part-time summer duty, may be provided st The specific law enforcement services provided to Town by the County may include  operation of the law enforcement services provided.  for special events or daily operations at a cost of $65 hour.  the following:  (1) General enforcement of the Traffic Laws contained in the Colorado Model (2). Investigation of traffic accidents, pursuant to the Model Traffic Code and (3) Maintenance of a law enforcement records system sufficient to enable provision of law enforcement services under the terms of this contract; and (4) Collection and proper storage of all evidence related to law enforcement (5) Other services upon request that are within the capabilities and cost  Traffic Code as adopted by the Town; and,  Colorado Statutes; and,  services provided according to this contract; and,  limitations of this contract; and, (6) Enforcement of Town ordinances; and,  (7) Liquor License and Marijuana License background checks for new and  renewal license applications as requested by the Town. (8) Community Policing programs, efforts and initiatives.  a) The rendition of services, in the terms of the standard of performance, the discipline of Deputies, and other mattersincidental to the performance of such services and control of personnel sO employed, shall at all times be and exclusively remain, vested in the Montezuma County Sheriff and not ini the Town. Deputies assigned by the Sheriff will be both permanently assigned or with other Deputies on arotating basis. Deputies assigned tot the Town shall be, ini terms of overall duties as Sheriff Deputies, also providing service inu unincorporated areas of the County surrounding the Town of Dolores and may be required to patrol or respond to calls for service or emergencies within a reasonable distance outside of the Town limits. All emergency calls in and to the Town of Dolores will be given the same priority as emergency calls in other areas of the County. The County agrees that all Deputies utilized to provide law enforcement services shall be certified in accordance with Part 6 of Article 32, Title 34, Colorado Revised Statutes, "Concerning Standards and Training for Certification of Peace Officers (POST  CERTIFIED).  3    3. The Sheriff agrees to provide and supply all labor, supervislon, and equipment necessary to maintain the level of service to render herein. The County of Montezuma, State of Colorado, through the Montezuma County Sheriff's Office, shallfurnish thet following supplies under the terms of the Contract for, tires, fuel and oil, telephone, printing, vehicle repair and 4. The Sheriff agrees to provide a monthly written report to the Town detailing law enforcement service activities provided under this Contract. Said report should, at a minimum, detail number, and type of criminal complaints, hours of patrol service, hours of investigative service, number and type of traffic tickets issued, accident investigations. This report is due 5. The Sheriff or his designated representative will appear before the Dolores Town Board 6. The Sheriff will at all times maintain an adequate policy of liability insurance. The County agrees to provide adequate insurance coverage, naming as an additional insured the Town of  maintenance and training for personnel.  before the regularly scheduled Town Board meetings. each month, or when requested by the Board.  Dolores against the following type of claims:  (a) Pursuant to the Worker's Compensation Act, $6-40-20212XDX, C.R.S., as amended, the Countyunderstands that it and its employees and servants are not entitled to Worker's Compensation benefits from the Town of Dolores. The County further understands that it is solely obligated for the payment of Federal and State Income Tax  on any moneys earned pursuant to this Law Enforcement IGA.  7. The County shall provide the necessary insurance coverage on all patrol vehicles used in the Town of Dolores for the provision of law enforcement services under this Contract.  TOWN  8. Town of Dolores, its officers, agents and employees will fully cooperate with County to facilitate the provision of law enforcement services according to this Contract. 9. The Town agrees to pay County for all the costs of booking and jail detention. In the event that the Dolores Municipal Judge incarcerates a defendant or an arrest is made by Deputies for Town Municipal Ordinance violations for jail the Town agrees to pay the standard rate as approved by the Board of County Commissioners, for jail sentences or holding of  Municipal Court defendants awaiting arraignment after arrest.  10. The Town agrees that all prosecution of Municipal offenses in the Dolores Municipal Court shall be done by the Town of Dolores through either their general counsel or prosecutor. 44. The Town agrees to pay the County for the law enforcement services provided under the Contract the sum of $250,000.00. The Town of Dolores hereby agrees to pay the Contract  amount starting January 1, 2024 and will be billed in quarterly installments.  4    7  12. The Town agrees to exempt any horses or other animals utilized to provide law enforcement services from any current or future Municipal Ordinances of the Town that regulates, prohibits the use of, keeping or maintenance of horses or other animals within Town 13. The Town of Dolores agrees to provide, furnish and maintain an adequate space for the Montezuma County Sheriff to conduct the activities associated with the provision of law enforcement services under this contract to include electricity, water, sewer, telephone and internet services, any County IT services directly related to the Dolores Station will be billed 14. The Town of Dolores shall not be liable for the direct payment of any salaries, wages or other compensation any personnel performing services herein for said County and all persons employed in the performance of Sheriff services and functions as herein set forth, notwithstanding their commission as Town Law Enforcement Officers, shall be deemed to be Sheriff employees and no person employed for the herein described purposes shall have the benefit of any Town employee benefit, pension, civil service, Workers Compensation and 15. For purposes of this Contract and in conformance with State Law, the Montezuma County Sheriff is hereby commissioned as the Dolores Town Marshall and all County Deputies provided law enforcement services in the Town of Dolores are hereby commissioned as Town 16. The Contract shall be effective from January 1,2 2024 to December 31, 2024. 17. If the Town and the County fail to approve this Contract on or before the 15th day of December in the year in which it is submitted, this Contract shall terminate on December 31 of 18. This Contract may be renewed for successive twelve (12) month periods upon the written agreement of all parties to the terms and conditions of the renewed Contract, including any revision of rates and charges. Otherwise, this Contract will automatically terminate by its own 19. The Town shall have the right to terminate this Contract at any time provided the Town provides County with ninety (90) days written notice of its intention to terminate. The Sheriff shall have the right to cancel this Contract at any time provided the County provides the Town 20. The Montezuma County Sheriff shall be the Contact person for the County related to services  limits.  against the contracted amount as set forth above.  Unemployment Compensation or other status or right.  Deputies.  that same year.  terms.  with ninety (90) days written notice of County's intent to terminate. rendered. The Town Manager shall be the contact person for the Town.  TOWN OF DOLORES  By  Date  Mayor Town of Dolores  5    Attest:  Town Clerk  MONTEZUMA COUNTY SHERIFF'S OFFICE  By_  Date_  Steven D. Nowlin, Sheriff Montezuma County, Colorado  6    BOARD OF MONTEZUMA COUNTY COMMISSIONERS  By Chairman Attest:  Date  Montezuma Board of County Commissioners  Kim Percell, Clerk  Clerk of the Board of Montezuma County Commissioners  7    Montezuma County Sheriff's Office  Steven D. Nowlin - Sheriff  730 East Driscoll Cortez, Colorado 81321 March 20, 2024 To: Dolores Town Board  Telephone 970-565-8452 w.monteimashettiong  FAX  970-565-3731  Subject: New Liquor License Premises Inspection and Review, Kelly's Kitchen, LLC.  Dear Dolores Town Board,  On March 8, 2024, a Colorado Restaurant Liquor License. Application, was submitted to the Town of Dolores by applicant Kelly's Kitchen, LLC, DBA Kelly's Kitchen, owner/manager Kelly Gregory indicating ownership oft the business identified as Kelly's Kitchen, requesting ai new. liquor license at the business location of315 Central Avenue, Dolores, Colorado. The applicant indicates that the business A search ofthe Colorado Secretary of State database revealed that the business registration for Kelly's Kitchen, Limited Liability Company, was formed or registered on 10-06-20, and in good standing. A check for criminal history and/or current court actions in the State of Colorado and through the National traffic violation cases, and no criminal violations which would prohibit the issuance of the licenses. Iconducted ani inspection oft the proposed license premises to ensure compliance of the liquor code provisions for ai retail Colorado Restaurant Liquor License, and observed that the submitted floor plans for the requested premises and permitted areas are accurate. This floor plan for the permitted alcohol consumption area will also include two outdoor patio areas; one extends west from the west exterior wall of the building and the second is a future outdoor seating area on1 the northeast corner oft the property enclosed by a chain link fence. along the east property line and a storage building on the northside. A neighborhood canvas was conducted with the residences surrounding the business location of315 Central Avenue, and no one was in opposition to the listed business being issued al liquor license.  is1 100% owned by Kelly Gregory  Crime Information Center on applicant Kelly G. Gregory  revealed noj pending criminal or  Respectfully,  seale Steven D. Nowlin, Sheriff Montezuma County, Colorado    /  DRE 8404 (12/29/21) COLORADO! DEPARTMENT OF REVENUE Liquor Enforcement Division (303): 205-2300  H.I  Colorado Liquor Retail License Application Transfer of Ownership  New License  New-Concurent  State Property Only  Master file  0 Alla answers must be printed In blacki ink ori typewritten Applicant must check the appropriate box(es) 1. Applicanti is applying as alan Individual Kelly's Litchen, LLC 2a.Trade Name ofE Estaplishment (DBA) Kell's Kitden 2alaves .Malling Address (Number ands Street) PD 1ox 717 5. Email Address  Applicant should obtain a copy oft the Colorado Liquor and Beer Code: SBG. Colorado.gowllquor 2. Applicantf IfanLG game ofLCifp parinership, atl least 2p partner's names; ifc corporation, name of corporation  Limited Liability Company  Association or Other  Corporation  Partnership (includes Limited Liability and Husband and Wife Partnerships)  FEINNumber 85-3427229 970-394-5190  Slate Sales Tax Number Business Telephone  94598580  3.Address ofB Bemises (specify, exact location ofp premises, include suitelunit numbers)  315 Cenbral Ave Mnit B  City  County Movtezuwa CityorTown 12oloves  State ZIPCode Co 81323 State ZIPCode CD 81323  kellyggregtyy Ogmail.-com  6. Ifthe premises cumently has al liquopor beerlicense, you must answer thei following questions  Present Tradel Name of Establishment (DBA) Application Feei for New License.. Application Feet for New! License w/Concurrent! Review. D Application Fee for Transfer. Section B - Add Optional Premises toH&R. $100.00X LJ Addl Related Facilily tol Resort Compiex575.00X, Add Sidewalk ServiceArea. Artsl License (Cly,- Artsl Uicense (County). Beera and Winel License (Cily). Beera and Winel License (County)- Brew Publ License (Cly) Brew Publ License (County). Campus Liquor Complex (Cily)- Campus Liquor Complex (County). Campus Liquor Complex (State)- Club! License (Cily)- Club! License (County) Distillery Publ License (Cily). D Disillery Publ License (County). Hotela andF Restaurantlloense (City). Hotela and Restaurant License (County) Hotel andi Restaurant! License wione optp premises (Ciy). Liquor-Licensedi Drugstore (Clty)-  Present State License Number Present Class,aflicense Present Expiration Date  nla  wla  na  nla Liquor License Fees*  Section A  Nonrefundable. Application Fees" Section B (Cont)  SLAO $4,100.00 D Liquor-Licensed Drugstore (County) Liqpor License Fees* Manager Regiatration-H&R.  $312.50 $500.00 $500.00 $75.00 $75.00 $75.00 .$75.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $160.00 $160.00 $160.00 $500.00 $500.00 $227.50 $312.50 $227.50 $312.50 $500.00 $500.00 $750.00 $750.00  $1,200.00 D Lodging &E Entertainment- L&E (Cily). $1,100.00 a Lodging &E Entertainment- L&E (County)  Total Total  Manager Registration-1 Tavem. Manager Registration- Lodging & Entertainment. Manager Registration- Campus! Liquor Complex.  $75.00 J Optional Premises! License (City). $308.75 Optional Premisesi License (County). $308.75 Racetrack License (City). $351.25 RacetrackLioense (County)- $436.25 Resort Complex! License (Cily). $750.00 Resort ComplexL License (County). $750.00 a Related Facity-C Campus Liquor Complex (City)- $500.00 D Related Faclity-C Campust Liquor Complex (County). $500.00 D Related Facility- Campusl Liquor Complex (State). $500.00 Retail Gaming7 Tavem License (Ciy). $308.75 Retal Gaming Tavem! Licanse (County)- $308.75 Retalll Liquor Storel Lioanse-Additional (City). $750.00 Retaill Liquor Storel License-Addiional. (County). $750.00 Retall Liquor Store( (City). $500.00 Retaill Liquor Store (County). $500.00 Tavem License (City)- 5600.00 Tavern License (County). $227.50 a Vintners Restaurant! Licensa (County).-  Hotela andF Restaurantlicense) wione opt premises (County) $600.00 Vintners Restaurantlicensa (City).  Note that the Division will not accept cash Questions? Visit: sad.Cobomsogpwlgurir more information Do not write in this space - For Department of Revenue use only  Liability Information Licensel Issued Through (Expiration Date)  License Accounti Number  Liability Date  Total $    2  DR8 8404 (12/29/21) Name  Type ofLicense  Account Number  7. is the applicant (including any of the partners ifap partnership; members or managers ifal limited! lability company, or officers, B. Has the applicant (including any oft the partners ifap partnership; members orr managers ifal limited Babillty company; or officers,  Yes No D3  stockholders or directors ifa corporation) or managers under the age oft twenty-one years? stockholders ore directorsi ifac corporation) or managers ever (in Colorado ora any others state): C. Hadi interest ina another entity that had an alcoho! beverage license suspended or revoked?  a. Been denied an alcohol beverage license? b. Hada ana alcohol beverage license suspended or revoked? Ifyou answeredy yest to 8a, bor G, explaini inc detailc on a separate sheet. precedingt two years? If"yes", explain inc detail.  4 & 0B or  9. Has al liquor license application (same license dass), thaty was located within 5001 feet oft the proposed premises, been denied withint the D & 10. Arei the premises to bel licensed within 5001 feet, of any public or private school that meets compulsory education requirements of  Colorado law, ort the  principal campus of any college, university or seminary?  Waiver byl local ordinance? D a  Other:  11. Is yourl Liquor Licensed Drugstore (LLDS) or Retaill Liquor Store (RLS)within 15001 feet of another retaill liquor Scense for offpremises salesi ina aj jurisdiction with a population of greater than ()1 10,0000? NOTE: The distance shalll be determined by a radius measurement de that begins att thep principai doorway oft the LLDS/RLS premises for whicht the application is being made and ends att the principal door- 12. Is) your Liquor Licensed Drugstore (LLDS) or Retail Liquor Store (RLS) within 30001 feet ofa another retail liquor license for ofi-premises sales ina aj jurisdiction with a population of! less than (<) 10,0000? NOTE: The distance shalll be determined bya a radius measurement wPi that begins att the principal doorway oft the LLDS/RLS premises for whicht the application is being made and ends att the principal 13" a. For additional Retaill Liquor Store only. Wasy your Retaill Liquor Store License issued on or before January1,20167  a D D0 KO B R0  way oft thel Licensed LLDS/RLS.  doorway of the Licensed LLDS/RLS.  p  13 b. Are youa Colorado resident?  14. Has al liguor art beer license ever beeni issued tot the applicant (including any oft the partners, Ifap partnership; members ar manager ifa Limited Liability Company; or officers, stockholders or directors ifa corporation)? Ify yes, identify the name oft the business and list any 15. Doest the applicant, as! listed oni line2c oft this application, havel legalp possession oft the premises by ownership, lease or other  curent financial interest ins said business including any loans to ort from al licensee.  arrangement? Landlord  Ownership Lease D Other (Explaini inl Detail). Tiny Donkesy LIC  a. lfleased, listr name ofk landiord and tenant, and date ofe expiration, exactly ast they appear ont thel lease: b. Is ap percentage of alcohol salesi included as compensation tot thel landiord? Fyes, compiete question 16.  Tenant  Kelly Gvegory BA Kelly's Kitthen  30,2027  X  C. Attach a diagram that designates the areai tol bel licensedi int black bold outline (including dimensions) which showst thel bars, brewery, walls, partitions, entrances, exits and what each room shalll be utilized fori int this business. This diagram should be no! largert than 8 1/2"X11". 16. Who, besidest the owners! listedi inthisa application Includingpersons., firms, partnerships, corporations, limitedi ablfycompanles)wil loand org givemoney inventory, fumiture or equipment to orf fort usei int this business; orv whov will receive moneyf from this business? Attach a separate sheeti ifr necessary.  Last Name nla Last Name hla  First Name First Name  Date ofE Birth FEIN or SSNI Date of Birth FEIN or SSN  InterestPercentage) Interest/Percentage)  Attach copies ofa allr 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.) wills share int the profit or gross proceeds of this establishment, and any agreement relating toi thel business which Is contingent or conditional ina any way by volume, profit, sales, giving ofa advice or consultation.  17. Optional Premises or Hotela and Restaurant Licenses with Optional Premises: Has a local ordinance orr resolution authorizing optional premises been adopted?  I A  Number of additional Optional Premise areas requested. (See license fee chart) o  18. For the addition ofa Sidewalk Service Area per Regulation 47-302(A)(4), include a diagram oft the service area and documentation received from thel local governing body authorizing use oft the sidewalk. Documentation may includel but is notl limited to a statement of use, permit, easement, or  otherl legal permissions.  19, Liquor Licensed Drugstore (LLDS) applicants, answer thet following: If"yes"ac copy of license must be attached.  w a. Ist there a pharmacy, Ecensed byt the Colorado Board of Pharmacy, located within the applicant's LLDS premise?  DD  3    DR8404 (12/28/21) Name  Type ofL License  Holly Account Number  Kel KtcntLe  Nww Licamse Reshwrt  20. Club Liquor License applicants answer the following: Attach a copy of applicable documentation object ofap patriotic orf fratemal organization ors society, but not for pecuniary gain? 21. Brew-Pub, Distillery Pub or Vintner's Restaurant applicants answer thet following: 22. Campus Liquor Complex applicants answer thet following: pal Ist thea applicant ani institution ofk higher education?  Yes No D DD D0 D0  Mlalst thea applicant organization operated solelyf for ar national, social, fratemal, patriotic, political or athleticp purpose and notf for pecuniary gain? a a b.I Is the applicant organization ar regularly chartered branch, lodge or chapter ofa a national organization whichi is operated solelyf for the d. Has applicant accupied ane establishment: for threey years (three) years required) thaty was operated solelyf fort the reasons stated above? D0  C. How! longh has the clubt beeni incorporated?  a. Has the applicant received or applied for a Federal Permit? (Copy of permit or application must be attached) b. is the applicant a person who contracts with the institution of higher education to provide food services? If"yes" please provide a copy of the contract with the institution of higher education to provide food services. b. Fora all Liquor Licensed Drugstores (LLDS)the Permitted Manager must alsos submit anl Manager Permit/ Application  23. For all on-premises applicants. Individual History! Record DR 8000 and fingerprints. Last Name of Manager Gregtry  a. Hotel and Restaurant, Lodging and Entertainment, Tavern License and Campus Liquor Complex, thel Registered Manager must also submit an DRE 8404-1 andi fingerprint submitted to approved State Vendor through the Vendor's website. See application checkist, Section IV for details.  First Name of Manager Kelly  24, Does this'manager act ast the manager of, orl have at financiali interest in, any other Tiquor licensed establishment int the State of  Yes No - D  Colorado? Ify yes, provide name, type ofl license and account number. 25. Related Facility- Campus Liquor Complex applicants answer thet following: a. Is the related facility located within thel boundaries oft the Campus Liquor Complex? w Ifyes, please provide a map oft the geographical location within the Campus Liquor Complex. b. Designated Manager for Related Facility- Campus Liquor Complex  Ifno,t this license typei is not available fori issues outside the geographical location oft the Campus Liquor Complex.  Last Name of Manager 26. Taxi Information.  First Name of! Manager  Yes No,  a. Hast the applicant, including its manager, partrers, officer, directors, stockholders, members (LLC), managing members (LLC), or any a & other person with a 10% or greater financial interesti int the applicant, been foundi inf final order ofa at tax agency to! be delinquent int the b. Has the applicant, including its managet, partners, officer, directors, stockholders, members (LLC), managing members (LLC), or any D X otherp person with a1 10% or greater financial interesti int the applicant failedt to pay anyt fees ors surcharges imposed pursuant to section 27. lfapplicanti is a corporation, partnership, association orl limited liability company, applicant must! list all Officers, Dlrectors, General Partners, and Managing Members. In addition, applicant must list any stockholders, partners, orr members with ownership of 10% or morei int the applicant. All persons listed below must also attacht form DR 8404-11 (Individual History Record), andi make ana appointment with ana approved  payment of any state orl local taxes, penalties, ori interest related to al business?  44-3-503, C.R.S.?  State Vendor through their website. See application checklist, Section IV, for detaifs.  Namp Zally Name Name Name  Home Address, City & State Home Address, City & State Home Address, City & State Home Address, City & State Home Address, City & State  DOB DOB DOB DOB DOB  Position Position Position Position Position  %Owned /00 %0wned %Owmed %Owned %Owmed  Gregony  IIN. 8h St. Poloes,CO 10-19-197 Owner  * Ifa applicant is owned 100% by a parent company, please list the designated principal officer on above. ** ft total ownership percentage disclosed here does not total 100%, applicant must check this box:  * Corporations- thel President, Vice-President, Secretary and Treasurer must be accounted for above (Include ownership percentagei ifapplicable) < Applicant affirms that nol individual other thant thèse disclosed herein owns 10% or more oft the applicant and does not havet financial interesti ina  prohibited liquor license pursuant to Article 30 or5, C.R.S.    DRE 8404 (12/29/21) Name  Type ofl License Oath Of Applicant Printed Name and Title  Account Number  Ideclare under penalty of periuryi int thes second degree that this application and ala attachments aret true, correct, and complete tot the! best of my knowledge. ia also acksowiedge that Itisr my responsibility andt the responsibility of my agents and employees to comply with the provisions ofthe  ColoradoLiquor or Beercbde which affect my license.  Authoed Signalpre  Date 3/812 a  Kelly G. Gvegors Ownev  Report and Approval of Local Licensing Authority (City/County)  Date applicationi filedy with/local ajthority  Date diocalauhonyheating! (fornewlicense applicants, cannotb bel lesst than 300 daysf from dated ofappication)  Thel Locall Licensing Authority! Hereby Affirms that each person required tof file! DR 84044 (Individual History Record)o oral DRI 8000 (Manager Permit) has That the local authority has conducted, ori intends to conduct, ani inspection oft the proposed premises to ensuret that the applicant isi in compliance with  been:  Fingerprinted  Subject to! background investigaton, including NCIC/CCIC checki for outstanding warrants  and aware of, liquor code provisions affecting their dass ofl license Date ofi inspection or anticipated date.  (Check One)  Wil conducti inspection upon approval of state! licensing authority premises salesi ina aj jurisdiction with ap population of> 10,0000? premises sales in aj jurisdiction with a population of<1 10,0000? from the sale of food, during the prior twelve (12) month period?  Ist the Liquor Licensed Drugstore (LLDS) or Retail Liquor Stare (RLS) within 1,5001 feet of another retail liquor license for off- Ist thel Liquor Licensed Drugstore(LLDS) or Retaill Liquor Store (RLS) within 3,0001 feet of ancther retaill liquor license for aff- NOTE: The distance shall be detemmined. bya a radius measurement: that begins at the principal doorway oft the LLDS/RLS premises for whichi the application is being made and ends att the principal doorway oft thel Licensed LLDS/RLS. Doest the Liquor-Licensed Drugstore (LLDS) have atk least twenty percent (20%) oft the applicant's gross annual income derived The foregoing appfcation has been examined; and the premises, business tol be conducted, and character oft the applicant are satisfactory. We do report that suchl license, ifgranted, will meet the reasonable requirements oft the neighborhood and the desires oft the adulti inhabitants, and will comply  Ves No D0 00 I D  with the provisions of Title 44, Article40 or3,C.R.S., and Liquor Rules. Therefore, this application is approved.  Local Licensing Authority for Signature Signature  Telephone Number  Town, City County  Print Print  Title Title  Date Date  5    DR 8495 (07/23/9) COLORADO DEPARTMENT OFI REVENUE Liquor Enforcement Division  Tax Check Authorization, Waiver, and Request to Release Information  KellyG.Graam,  am signing this Tax Check Authorization, Waiver and Request tol Release  Information (hereinafter Waivér) onl behalf of Balyiskitzkes LCC  (the Applicantv/icensee)  to permit the Colorado Department of Revenue and any other state or local taxing authority to release information and documentation that may otherwise be confidential, as provided below. Ifiam signing this Waivert for someone other than myself, including on behalf of al business entity, cerlify that Ihave the authority to execute this Waiver on behalf oft the The Executive Director of the Colorado Department of Revenue is the State Licensing Authority, and oversees the Colorado Liquor Enforcement Division as his or her agents, clerks, and employees. Thei information and documentation obtained pursuant to this Waiver may be used in connection with the Applicant/Licensee's liquor license application and ongoing licensure by the state and local licensing authorities. The Colorado Liquor Code, section 44-3-101. et seq. ("Liquor Code"), and the Colorado Liquor Rules, 1 CCR: 203-2 ("Liquor Rules"), require compliance with certain tax obligations, and set forth thei investigative, disciplinary and licensure actions the state and local licensing authorities may take for violations of thel Liquor Code and Liquor Rules, including failure to meet taxi reporting and payment obligations. The Waiver is made pursuant to section 39-21-113(4), C.R.S., and any other law, regulation, resolution or ordinance conceming the confidentiality of tax information, or any document, report or retum filed in connection with state or local taxes. This Waiver shall be valid until the expiration or revocation of al license, or until both the state and local licensing authorities take final action fo approve or deny any application(s) for the renewal of the license, whichever is later. Applicant/licensee agrees to execute: a new waiver for each subsequent licensing period in connection with the renewal By signing below, AppicantLicensee requests that the Colorado Department of Revenue and any other state or local taxing authority or agency in the possession of tax documents or information, release information and documentation to the Colorado Liquor Enforcement Division, and is duly authorized employees, to act as the Applcants/loensees duly authorized representative under section 39-21-113(4), C.R.S., solelyt to allowi thes state and local licensing authorities, and their duly authorized employees, to investigate compliance with the Liquor Code and Liquor Rules. AppicantLicensee authorizes the state and local licensing authorities, their duly authorized employees, and their legal representatives, to use thei information and documentation obtained using this Waiver in any administrative or judicial action regarding the  ApplicantLicensee.  of any license, if requested.  application or license. Name (indivdusyBusiness) Address City Voloyes Home Phone Number Printedi  Social Security NumberTax: Identification Number 85-3427229 (523-65-D087)  Kellyis Litchen LLL 315 Cewhal Avt Umit 3  (KllyG.Grn) PoBox 717  Stale Co  81323  BusinessANork Phone Number 97D-394-5190  Licensee  Kelly G Greg bYy 1  Applicantilicepsel Signatuje Signarea autorizinglhed disclosure of confidential tax information)  Dates signed 05-DI-23  Privacy Act Statement  Providing your Social  is voluntary and no right, benefit or privilege provided by law will be denied as a  result of refusal to disclose it. S 7of Privacy Act, 51 USCS S 552a (note).    iv Oua   0-  o  a  40  ayoyto Pobio  q    7  PAtIO  Buding Wall    M  wim.0g smprgd wmpg 521990  Dy * S    7  KOKOPELL BIKE & BOARD 315 Central Avel Dolores C081323 970)565-4408  December 22nd 2023  Re: Letter of Support, Kelly's Kitchen  As owners of the building 315 Central Ave Dolores CO81323 which is leased by Kelly Gregory, operating as Kelly's Kitchen, we approve the use and procurement of an alcohol license. The legal consumption of alcohol and sales as outlined in an issued license agreement is permitted on our property per the obtained license. Kelly will be responsible for all legal maters pertaining to alcohol sales and assumes the responsibilities of these sales per our lease agreement and the state  and local laws.  If there are any additional questions please contact us, contact information below.  Thanks,  pi    Scott Darling Owner Kokopelli Bike & Board 315 Central Ave. Dolores, CO 81323 (970)676-0060 cot@koxopelipikecom  Petel Eschallier Owner Kokopelli Bike & Board 130 WI Main Cortez, CO 81321 (970).565-4408 pet-@kokoelibikecom    8  THISI LEASE AGREEMENT made ande entered intot this 15 dayof No  by and between Tinyl Donkey,  LLC. hereinafter referredt to as' "Landlord"), and Kelly Gregory DBAKelyaklchgn (hereinafer referred toas  Tenant").  WITNESSETH:  WHEREAS, Landiordi is thef fee simple owner of certain real property located inl Dolores, Colorado suchr real property having a street address of315 Central Avenue, Dolores Colorado 81323 (hereafter described as the' "Building). WHEREAS, Landlord is desirous ofk leasing aj portion ofp premises representing approximately 46.5% ofthe existing structuret found ata above address (hereafler described as' "Premises" or" "Leased Premises" below), and' Tenantis desirous of! leasing said premises from Landlord, on the terms and conditions stated below; THEREFORE, IN CONSIDERATION OF THE COVENANTS AND OBLIGATIONS contained herein and other good and valuable consideration, the receipt ands sufficiency ofwhichi isl hereby acknowledged, the parties hereto agree as SECTION1 1: TERM. Thet term oft this Lease isi fives years commencingon July 1st,2022 and ending at 12 o'clock  follows: TERMOFLEASE  midnight on. June: 30", 2027.  RENT  SECTION1: RENT. On thet first day ofe each calendar month during the Lease' Term, Tenant will pay toi Landlord the Renti in! lawful money ofthe United States, ins advance andy without prior notice ard demand. Ther monthly rent duel is $1750.00. Thet first month's rent under this Lease will be pro-rated with arental start date of. July 15, 2022. Rent Is payable atl Landiord's. Address of 1301 W. Main Street, Cortez CO 81321, or at such otherp place ort to such other person asi Landlord may designate ins writing fromi time tot time. Payments ofl Renti for any partial calendar SECTION2: SECURITYI DEPOSIT. Upont the execution oft this! Lease, Tenant will deposit with Landlord the Security Deposit of $1750.00. Landlord may, ati Its option, apply all or part oft the Security Deposit to any unpaid Rent or other charges duet from Tenant, cure any other defauits of1 Tenant, ord compensete Landlord for anyl loss or damage which Landlord may suffer due to Tenant's default. Landlord uses any part oft the Security Deposit, Tenant will restore the Security Deposit toi its full amounty withini ten (10) days after Landiord's request. No interest will be paid on the Security Deposit, not trust relationshipi is created herein between Landlord and Tenant with respect tot the Security Deposit, and the Security Deposit mayl be commingled with othert funds ofLandiord. Upon enpiration or termination oft this Lease not resulting from Tenant's default and after Tenant has vacated the Premises int the manner required by this Lease, Landlord will pay to Tenant any balance of the Security Deposit not applied pursuant tot this Section. SECTIONS 3: INTEREST. Any Rent or other amount duet tol Landlord, ifnotp paid when due, will beari interesti from the date due until paid att thes rate oft fifteen (15%) percent pers year, butr nott toe exceed the! highest rate legally permitted. SECTION4: LATE CHARGES. Ifany instalment of Rento ora any others sums duet from Tenant is not received by Landlord withinf five (5) days following the due date, Tenant will pay tol Landiord al late charge equal tot five (5%) (a)Notice Requirements. During thet term oft the Agreement, before Landlord mays sell the Buildinge or lease the portion oft the Bullding not leased by Tenant toat third party, Landlord shalli firsto offer the Bullding or the portion of thei Building not! leased by" Tenant to Tenantt following thep procedures seti forthi int this Section. Tenants shall have thirtly (30) days following the date Landiordi first presents Tenant sucho offer to decide whether to tryt tor negotiate an agreement fort the purchese oft the Bullding or thel lease oft the portion oft the Building notl leased by Tenant from Landlord. WTenanto desires to try to negotiate such ans agreement, Tenant shall, within said 30-day period, deliverto Landlord written noticet thereof. Promplly after receipt of such notice, the parties shall commence good faith negotiations exclusively with each cthert fora a period nott to exceed: 30 days after the date Lessee gives the requlsite (b) Negotiations. fLandlord does not receive saids notice within said: 30-day period, or WLandiord receives sald noticey within said period but! Landlord and Tenant do not enteri into al legally binding, written agreement fort the sale of the! Bullding or lsase oft thej portion oft thet Building not leased by Tenant within said 30-day period, Lessors shall be  month wil be prorated.  percent of such overdue amount. SECTION5: RIGHT OF FIRST REFUSAL  noticet to Lessor.  free to enteri into an agreement with at third party.    97  (c) Ninety (90) days prior to expiration of the Lease Term, forp period nott to exceed thirly (30) days, Landlord and Tenant will participate ing good falth negotiations exclusively withe each other regarding thet terms ofa newl lease. If Landlord and1 Tenant do note enteri into al legally binding written agreement for ar new! lease within said 30-day period, SECTION 1: REAL PROPERTYTAXES. Landiord will pay all Real Property Taxes allocable tot the Occupancy  Lessor shall! bet freet to enteri into ana agreement with at third party.  PROPERTYTAXES  Period.  UTILITIES  SECTION1: UTILITIES. Tot the extent possible, Tenant will arrange for anda acquirei its own meters ands suppliers for allu utilites. Tenant will promptly pay, directlyt to the appropriate supplier, the cost of natural gas, heating, cooling, energy, electric, light, power, telephone, and other utilities and services supplied tot the Leased Premises, together with any relatedi installation or connection charges or deposits (collectively, "Ullity Costs") incurred during the Ocoupancy! Period. Ifany services or utilities arej jointly metered with other premises, Landlord will makea reasonable determination of Tenant's proportionate share ofs suchl Utlity Costs and' Tenant will pay suchs share to Landlord. Landlord and' Tenant will evenly split costs of water, sewage, and refuse disposal. SECTION 1: TENANT'S INSURANCE. Tenant, ati its expense, will maintain the following insurance coverages (a) Liabillty Insurance. Commercial general liabiltyi insurancei insuring" Tenant against liability for bodilyi injury, property damage (including loss of use ofp property) andp personali injurya at thel Leased Premises, including contractual liability. Suchi insurance will namel Landlord, any mortgagee, and such other parties asi Landlord may designate, as additional insureds. Thei initiala amount ofs such Insurance will be One Million Dollars ($1,000,000) per occurrence and will! be subject to periodic increases reasonably specified by Landlord based uponi inflation, increased liabilty awards, recommendations. ofLandlord's professionali insurance advisers, and other relevant factors. (b) Worker's Compensation Insurance. Worker's Compensation: Insurance in the statutory amount (and Employers' Liability Insurance) covering all employees of Tenante employed or performing services att the Leased Premises, inc order top provide thes statutoryl benefits required by thel laws oft thes state inv which the Leased Premises (c) Personal Pronertvyinsuranca. Personal Property Insurance covering leasehold improvements paidt for by Tenanta and' Tenant's personal property and fixtures from time tot time in, on, or at the Leased Premises providing protection against events protected under' "AIIF Risk Coverage," as well as against vandalism, and criminal mischief. Any proceeds from thel Personal Property Insurance will be usedi fort the repair or replacement: oft the property damaged or destroyed, unlesst thel Lease Term Ist terminated under an applicable provisionl herein. Ifthe Premises are not repaired or restoredi in accordance witht this Lease, Landlord will receive any proceeds from the (a) Anyi insurance which Tenant is required to maintain undert this! Lease willi include aj provision which requires the! insurance carrier to give Landiord notl less than thirty (30) days' written notice priori to any cancellation or (b) Proof ofinsurance coverage ina accordance with this Lease requirement: shall bet fumished tol Landlord within (c) Without limiting the provisions of Section 31 hereafter, Landlord and' Tenant, onl behalf oft themselves and their insurers, each hereby waives anyi and all rights ofr recovery against the other, for loss of or damage toi itsp property or the property of others underi its contral, tot the extent that such! loss or damage is covered bya any insurance policy in force (whether or noto described in this Lease) att thet time ofs such! loss or damage, orr required tol be carried underi this Lease. All property insurance carrled by either party will contain av waiver ofs subrogation against the other party tot the SECTION 3: INDEMNITY. Tenants shalll hold Landlord andi its Representatives (collectively, the Indemnitees") harmlessi from and defend Indemnitees from and against all claims, liabilities, judgments, demands, causes ofe action, losses, damages, costs and expenses, including reasonable attomey's fees, for damage to any properly ori injuryto ord death of any person arising from (a) the use or occupancy of thel Premises by1 Tenant or persons claiming under Tenant, excepts sucha as Is caused byt the negligence or wiliful misconduct ofLandiord, its agents, employees or contractors, (b)t ther negligence or willful misconduct ofl Tenant in, upon or about the Premises, or (c) any! breach or  INSURANCE  during the Occupancy Period:  are located.  personal property insurance allocable to1 Tenant's leaseholdi improvements. SECTION2: GENERAL INSURANCE PROVISIONS.  modification of such coverage. 14 days of Landiord's request.  extent such right was waived by thel insured parly prior tot the occurrence ofk loss ori injury.  defaultby7 Tenant undert this Lease.  2    1o  USE OF LEASED PREMISES  SECTION' 1: MANNER OF USE. Tenanty will exclusively use the! Leased Premises for af foods service business. (a) Definition of "Hazardous Material". "Hazardous Material" means anyi iammable items, explosives, radioactive materials, oll, hazardous or toxics substances, material or waste or related materials andi including any different products andr materials which arei found tol have adverse effects ont the environment or the! health and safety of persons; provided, however, "Hazardous Material" does noti include any de minimis quantities of ofice ord other (b) Tenant's Obligations. Tenant will not cause or permit anyl Hazardous Material to! be generated, produced, brought upon, used, stored, treated or disposed ofi inc or about the Leased Premises by Tenant, its agents, employees, contractors, sublessees ori invitees. Ifdeemed necessary by! Landlord, Tenantv willi install andi maintain grease trap and assume liability for cleanup should' Tenant fail to adequately maintain grease trap. (c) Landiord's! Rights. Landlord willl have the right, but nott the obligation, withouti in any way Hmiting! Landiord's other rights and remedies undert thisl Lease, to enter upont the Leased Premises, or tot take such other actions asi it deems necessary or advisable, toi investigate, clean up, remove or remediate any! Hazardous Material or contamination by Hazardous Material atl Tenant's expense and liability. Tenant's! liability and obligation to pay expenses undert this Section shall! bel limited tos situations when the presence ofs such Hazardous Material or contamination by Hazardous Material Is duet to an act or omission of Tenant ori its employees, agents, contractors or SECTION: 3: LANDLORD'S. ACCESS. Landlord ari its agents may entert the Leased Premises, upon twenty-four (24) hours' noticet tol Tenant (excepti in the case of an emergency), to show the Premises to potential buyers, investors or tenants or other parties, for routine propertyi inspections and maintenance ort for any ather purpose Landlord deems reasonably necessary. During the last two (2) months oft the Lease Term, Landlord may place customary" "Forl Lease" (a) Outside Areas. "Outside Areas" means all areas withini the Premises whicha are outside of the Building envelope, including, but not limited to, patios, parking areas, driveways, sidewalks, access roads, landscaping, and planted areas. Landiord, from time tot time, may change the size, location, nature, and use of any oft the Outside Areas, convert Outside Areasi into leasable areas, construct additional parking facilities in the Outside. Areas, andi increase or decrease Outside Areal land or facilities sol long as Tenant's use oft thel Premises is noti materially afected. (D) UseofouideAreas. Landlord: andTenant: agree to negotiate" Tenant's access and use oft these Outside Areas, specifiçally, thel back patio oncet these areas! have been renovated and are ready for occupancy. SECTION 1: EXISTING CONDITIONS. Tenant hereby accepts the Premises ini their present condition,' "AS IS", "WHERE IS", and" "WITH ALL FAULTS", subjectt to all! Legal Requirements. Tenant acknowledgest thati naither Landlordi nora any agent ofLandiord! has made any representation ast tot the condition oft the Premises or the suitability ofthe Premises for Tenant's intended use. Tenant represents andy warrants that Tenant has madei its own inspection ofand! Inquiry regarding the condition ofthef Premises andi is not relying on any rapresentations ofLandiord or any broker with respect thereto. The Building and the Outside Areas shall be maintained in at leastt the condition which SECTION2: LANDLORD'S OBLIGATIONS. Landlord agrees tor maintain, ati its sole cost and expense, the structure oft the Building andi Leased Premises. Tenant shall payf for allr repairs, including structural repairs, necessitated: by negligent or wilfule acts of Tenant, its patrons, invitees, employees, or agents. Landlord agrees top provide the following improvements to assisti in making thel Leased Premises suitablet for Tenant's intended use: outlets (per normal usage of retail space - 200-amp service): labort fori installation of kitchen dividing wall, hotv water heater, coffee bar counter top, backsplash tile ink kitchen, officer room, bar feature, kitchent floor. SECTION3: TENANT'S OBLIGATIONS. Tenant willl keep all portions oft the Leased Premises ins good order, condition, andr repair. At Tenant's request, Landlord may electt to perform" Tenant's maintenance andr repair obligations hereunder and Tenant will reimburse Landlordi for alle costsi incurred In doing so promptly upon receipt of ani invoicei from Landlord. Tenant agrees top provide materials fora all kitchen specifici improvements! including, but not limited to: lighting and electrical fixtures/supplles, kitchen dividing wall, office room, barf feature, hot water heater, coffee bard counter top, backsplash tile inl kitchen, andI Kitchent floor. Tenanti is aiso responsible fort the assembly and  SECTION 2: ENVIRONMENTAL REQUIREMENTS.  cleaning supplies commonly used In accordance with Legal Requirements.  invitees.  signs ont the Premises. SECTION 4: OUTSIDE AREAS.  ÇONDITION ANDI MAINTENANCE OF LEASED PREMISES  exists upon the execution oft this Lease.  material costs of the walk-in refrigerator andi fumel hood.  3    11  SECTION4: ALTERATIONS, ADDITIONS, ANDI IMPROVEMENTS.  (a). TenanfsWork. Tenant may notr make anyl Installations, signage, alterations, additions, ori improvements or major repairs in ort tot thel Leased Premises without obtaining Landiord's prior consent. Tenant may nota attach or afix anything tol the Premises' plaster walls without prior consent. Tenant andi its agents wili perfomm all worki ina a good and workmanlike manner employing materials ofg good quality andi in conformity with all applicable Legal/Zoning (b) Nollens. Tenant will pay when due all claims for labor and material fumished tot the Premises andk keep the (c) WorkbyLandiord. Tenant! hereby acknowiedges and agrees that! Landlord shall havet the right to renovate the SECTION 5: CONDITION UPON TERMINATION. Upont the expiration ort termination oft the Lease Term, Tenant will surrender thel Leased Premises to Landlord clean andi in the condition which' Tenanti ist required tor maintain the Premises under this! Lease. Tenant will notl be obligated tor repair any damage which! Landlordi is required to repair hereunder. Landlord may require Tenant, atl its expense, tor remove anya alterations, additions ori improvements prior tot the expiration oft thel Lease and tor restore thel Premises to their prior condition. With respectt to any alterations, additions ari improvements which require Landiord's approval, Landiord will specifyif Tenant willl ber required to remove the: same att the time ofs such approval. Tenanti may remove machinery or equipment which can ber removed without damage tot the Premises sol long as Tenant repairs any damage caused! by suchr removal. SECTION6: EXEMPTION OFI LANDLORD FROMLIABILITY. Landlord will not be llablet for any damage ori injuryto the person, business (or any! loss ofl Income therefrom), goods, wares, merchandise or other property of Tenant, Tenant's employees, invitees, customers ora any other person or about thel Premises, whether such damage or injury isc caused by or results from: (a) fire, steam, electricity, water, gas orr rain; (b) thet breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning orl lighting fixtures or any other cause; (c) conditions arisingi in or about the Premises, ort from other sources or places; or (d) any curtalilment or interruption inutility services. Tenant will givel Landlord prompt notice upont the occurrence of any accident or casualty at the Premises. The provislons of this Section will note exempt Landlord fromi liabilityf fori its negligence orwillful misconduct; provided, however, Landlord' will not bel liable for any consequential damages.  Requirements and Insurance requirements.  Premises ata all times free from liens for labor andi materials.  Bullding and/or expand same and/or alter the Outside Areas duringt the Lease Term.  CASUALTY AND CONDEMNATION  SECTION 1: DAMAGE TO LEASED PREMISES.  (a) Ifthe! Leased Premises are destroyed or rendered untenantable, eitherv wholly ori in part, by fire or other casualty ("Casualty), Tenant willi immediately notify! Landlord inv writing upon the occurrence of such Casualty. Landlord may electe eithert to ()r repair the damage caused! by such casualty as soon as reasonably possible, inv which caset this Lease willr remain ini full force and effect, or ()t terminate the Lease1 Term as ofthe date the Casually occurred. Landlord will notify Tenant within sixty (60) days after receipt ofr notice oft the Casualty whether Landlord elects tor repairt the damage ort temminate thel Lease Term. ifLandiord elects to repair the damage and the damage was due to an acto or omission of Tenanto ori its employees, agents, contractors ori invitees, Tenant will pay! Landlord the portion oft the deductible amount (which deductible shall not exceed $25,000) under Landlord's insurance allocable to the damage to the Premises and the difference between the actual cost of repair and any (b) IF() based ont the estimate ofl Landlord's architect ar contractor, Itwill take Landlord moret than nine (9) months torebuild thei Premises or (I) the Casualty occurs during thel lasts six (6) months oft the Lease" Term andt the damage is estimated by! Landiord tor require moret than thirly (30) dayst tor repair, Tenant maye elect to terminate thel Lease Term as oft the date the Casualty occurred, which must! be exercised by written notification tol Landlord withint ten (10) days (c) Ifthel Premisesi is destroyed or damaged by Casualty and! Landlord elects to repair or restore the Premises, any Rent payable during the period ofs such damage, repair and/or restoration willl be reduced according tot the (d) The provisions oft this Section will govem the rights and obligations ofLandiord and Tenant in the event ofe any damage or destruction of ort to the Premises. Tenant waives the protection of any statute, code arj judicial decision whichg grants at tenantt the right tol terminate al lease int the event oft the damage or destruction oft the leased property.  insurance proceeds received by Landlord.  after receipt oft notice regarding! the estimate of the time required to rebuild.. degree, lany, to which Tenant's use of the Premises isi impaired.  4    12  ASSIGNMENT AND SUBLETTING  SECTION 1: LANDLORD'S CONSENT REQUIRED. Tenant will nota assign ort transfert this Lease or sublease the Premises or any part thereof ori interestt therein, or mortgage, pledge its! leaseholdi interest, withoutl Landiord's prior written consent, which consent may bes withheld in! Landiord's reasonable discretion. At transfer ofac controlling interesti in Tenant will be deemed an: assignment oft this Lease. Any attempted transferv without consent will be void  and constitute an Evento of Default under this! Lease (as defined below  DEFAULTS AND REMEDES  SECTION 1: COVENANTS AND CONDITIONS. Tenant's performance ofe each of Tenant's obligations under this Lease is ac condition as well as ac covenant. Tenant's right to continuel Inp possession oft thel Premisesi is conditioned upons such performance. Timei is oft the essence int the performancel by7 Tenant of all covenants and conditions. SECTION2: DEFAULTS. Each oft thet following constitutes an' "Event of Defauit" under this! Lease: (a) Tenant falls to payl Rent or any other sum payable undert this Lease within 50 days afteri itis due. (b) Tenant fails to perform any of Tenant's other obligations undert this Lease and suchi failure continues fora period of 30 days after notice from Landlord; provided thati if more than 30 days are reasonably required to complete suchp performance, Tenant will not bei ine defaulti if Tenant commences such performance withint the 30 day period and  thereafter diligently pursues its completion; (c) Tenant abandons the Premises; or  (d) Tenant (or Guarantor) becomes insolvent or bankrupt, has a receiver ort trustee appointed fora any part ofits property, makes an assignment for the benefit ofi its creditors, or any proceeding is commenced either by" Tenant or against itt under any! bankruptcy ori insolvency laws, which proceeding is not dismissed within shdy (60) days. SECTION3: REMEDIES. Ont the occurrence of an Event ofl Default, Landlord shallg give Tenant written notice, by certified mail ofs such default whereafter Tenant shall havef fourteen (14) days from the date ofr malling such notice to correct said default and Ifsuch default remains uncured aftert fourteen (14) day period, Landlord shall havet the right At anyt time thereafter, with or withouti notice or demand, and without limiting! Landlord in the exercise of any right or remedy whichl Landlord may! have, Landlord shall havei thei immediate rightt to re-enter thel leased premises andi may remove all persons and property from said premises and no such re-entry shall be considered or construedt tol be forcible entry upon such property. Absentf future written agreement between the parties, thet fumel hood,and water Landlord may, without terminating this Lease, retake possession oft the premises andi the rent the same for such rental payments and upons such conditions as Landiord may deem best, making such repairs and alterations tot the premises may be required, giving credit for the amount ofr rental payments so received, less expenses incurred, to Tenant and' Tenant shall bel liablet forti the balance of the rental payments herein specified untilt the expiration ofthe of temm of this Lease. Landlord: shall havet thet rightt to annually accelerate and collectf from Tenant the entire amount rent payable for up to one year oft the unexpired portion ofTenant's! Lease" Term (subject tol Lanidlord's obligation to SECTION 4: DAMAGES. On anyt termination, Landlord's damages will include all costs andf foes, including reasonable attomeys" fees that Landlord incurs in connection with any bankruptcy court or other court proceeding with respect tot the Lease, the obtaining ofr relieft from anys stayi in bankruptcy restraining any action to evict" Tenant, or the pursuing ofa any action withr respect tol Landlord's rightt to possession of the Premises. All such demages suffered (apart from Rentp payable! hereunder) will constitute pecuniary damages which willl be paid tol Landlord priorto assumption oft thel Lease! by Tenant or any successor tol Tenanti in any bankruptcy or other proceedings. SECTION! 5: CUMULATIVE REMEDIES. Excepta as otherwise expressly provided herein, any and all rights and remedies which Landlord may have under this Lease and at law and equity are cumulative and willr not the be deemed same inconsistent with each other, and anyt two or more of all such rights and remedies may be exercised at  tot terminate lease.  heater shall be deemed forfeited and thereatter property oft thel Landiord.  credit Tenant with any netr rental proceeds actually received from substitute tenant).  time  tot the greatest extent permitted byl law.  PROTECTION OF LENDERS  SECTION1 1: SUBORDINATION. This Lease shall be automaticaly subordinated! to any! Mortgage encumbering the Premises. Landlord shall provide to Tenant ani instrument in commercialy reasonablet form providing thatt the ground lessor, mortgagor or beneficlary: ofsuch Mortgage agrees thati int thee event of thet foreclosure ort temination ofs such Mortgage, this Lease andt the rights of Tenant hereunder will continue int full force ande effects so! long as Tenant continues to complyv witha alli its obligations! hereunder. "Mortgage" includes anyr mortgage, deed oft trust org ground lease, together with any amendmenta, additional advances, restetements, modifications or consolidations ofs suoh  5    /3  instrument. Ifanys ground lessor, beneficiary or mortgagee elects to! have this Lease prior tot thel liend ofi its Mortgage and gives written notice thereoft to Tenant, this Lease willl be deemed prior tos such! Mortgage whethert this! Lease is SECTION:2: ATTORNMENT. IfLandlord's interesti int the Premises is acquired by any ground lessor, beneficiary, mortgagee, or purchaser ata aforeclosure sale, Tenant will attom tot thet transferee ofo or successor tol Landiord's interesti int the Premises andi recognize sucht transferee ors successor as successorl Landiord undert this Lease. Tenant waives the protection of anys statute or rule ofl law which gives Tenant any rightt to terminate this orsurrender possession oft the! Premises upon the transfer of Landlord's interest. SECTION 1: COVENANT OF QUIET ENJOYMENT. Tenant on paying thel Rent and performing! Its obligations hereunder will peacefullys and quietly have, hold and enjoy thel Leased Premises throughout the Lease1 Term without any manner ofhindrance from! Landlord, subject however to all thet terms and provisions hereof. SECTION2 2: LANDLORD'S! LIABILITY ANDI INDEMNITY. The obligations oft this Lease run with the land, andt this Lease will be! binding upon andi inure to thel benefit of the parties hereto andt their respective successors and assigns. No owner oft the Premises willl bel liable under this Lease excapt for breaches ofLandlord's obligations ofl Landiord occurring whilei iti is owner oft thei Premises. The obligations ofL Landiord will bel binding upon the assets which comprise thel Premises but not upon other assets ofl Landlord. Noi individual Representative willl be personally liable under this Lease or any otheri instrument, transaction or undertaking contemplated hereby. Tot the fullest extent permitted by law, Landlord willi indemnify and! hold! harmless Tenanti from anyl liabllities, losses, damages, costs, expenses (including reasonable attomeys' fees ande expenses), causes ofaction, suits, claims, demands orj judgments arising from any act of negligence ofLandlord, exceptt tot the extent arising outof Tenant's negligence orv willful misconduct ort breach oft thisl Lease. Thisi indemnily does noto cover claims arising from SECTION3: NOTICE TOI LANDLORD. Tenant will givey written notice ofa any fallure byl Landlord top perform any ofi its obligations under this Lease tol Landlord and to any ground lessor, mortgagee ort beneficiary under any Mortgage encumbering the Premises whose name and address have! been furnished to Tenant. Landlord will not bei in default under this Lease unless Landlord (or such ground lessor, mortgagee or beneficiary)f fails to cure such non- performance within 30 days after receipt of1 Tenant's notice ors such longer period ast may be required to diligently complete such matter. IfLandiord cannot perform any ofi its obligations due to events beyond its reasonable control, thet time provided for performing such obligations willl be extended by aj period oft time equal tot the duration ofs such events. Events beyond Landlord's reasonable controli include, but are noti limited to, acts of God, war, civil commotion, labor disputes, strikes, fire, flood or other casualty oF weather conditions, shortages oft labor or materlal, SECTION 4: HOLDING OVER. fTenant does not vacate thel Premises upon the expiration ore earlier termination of this Lease, ()1 Tenant will indemnity Landiord against all damages, costs, liabilities, and expenses, Rent including to Two attorneys' fees, which! Landlord incurs on account ofl Tenant's failure to vacate and (i) the willi increase Hundred Percent (200%) oft the Rentt theni in effects and" Tenant's obligation to pay Additional Rent will continue. Tenantb Any to holdover by1 Tenant does not constitute an extension oft the Lease or recognition by Landlord of any rightofT SECTIONS: EXCLUSIVEUSE Landlord hereby grants to" Tenant an exclusive use agreement for the operation ofa SECTION 6: LANDLORD'S CONSENT. Tenant will payLandlord its reasonable fees ande expenses incurred in connection with any act by Tenant which requires Landlord's consent or approval under this Lease. SECTION7: LANDLORD'S RIGHT1 TO CURE. #Tenant defaults int the performance of any obligation under this Lease, Landlord willl have the right (buti is not required) top perform such obligation and, lfnecessary, to enter upont the the Premises. All costs incurred by Landlord (together with interest att the rate of 15% pery year but nott to exceed highest legal rate) will be deemed tol be Additional Rent under this Lease and willl be payable tol Landlord immediately on demand. Landlord may exercise thet foregoing rights without waiving any ofi Its other rights ar releasing Tenant SECTION8: INTERPRETATION. The captions oft this Lease are not ay part oft the terms or provisions oft this Lease. Whenever required byt the context of this Lease, thes singular includes the plural andt thep plurali includes the singular. The masculine, feminine and neuter genders eachi include the other. In any provision relating to the conduct, acts or omissions of Tenant, the term" "Tenant" includes" Tenant's agents, employees, contractors, invitees, and successors ord others using the! Premises with' Tenant's express ori implied permission. This Lease doesr not, nothing contained herein, willo create a partnership or otherj jointy venture between! Landlord and Tenant. A determination by a court ofo competentj jurisdictiont that any provision oft this Lease or any part thereof Is llegal or unenforceable will not invalidate the remainder of such provision, which willr remain inf full force ande effect.  dated prior or subsequent to the date of said Mortgage ort the date ofr recording thereof.  Lease  MISCELLANEOUS PROVISIONS  the presence or release ofi Hazardous Materials.  andl Legal Requirements.  remaln Int the Premises.  commercial kitchen/ restaurant ont the Property.  from any of its obligations under this Lease.  6    14  SECTION9: INCORPORATION: OF PRIOR AGREEMENTS; MODIFICATIONS. This Leasei is the only agreement betweent the parties pertaining tot thel lease oft thel Premises. AHl amendments tot this Lease must bei inv writing and SECTION 10: NOTICES. All notices, requests ande ather communications required or permitted undert this! Lease will bel inv writing and personally delivered or sent by a delivery service which maintains delivery records. Notices will be delivered tol Tenant's Notice Address ort tol Landlord's Notice Address, as appropriate. All notices willl be effective upon delivery (or refusal to accept delivery). Either parly may change its notice address upon writtens notice tot the SECTION 11: WAMERS. All waivers will bei inv writing and signed by the walving party. Landlord'si fallure to enforce any provision oft this Lease orl lis acceptance ofF Renti is not a waiver and will not prevent Landlordi from enforcing that provision or any other provision of this Lease In the future. No statement on ap payment check from Tenant ori ina letter accompanying a payment check willl bel binding on! Landlord. Landlord may, with orv without noticet to Tenant, negotiate such check without! being bound! by tot the conditions ofs suchs statement. SECTION 12: MEMORANDUM OFI LEASE. Tenanti is speclfically prohibited from recording this! Lease, a memorandum ofl lease, or any otheri instrument referencing or describing this Lease. SECTION 13: BINDINGI EFFECT; CHOICE OFI LAW. This Lease willl bind any party whol legally acquires any rights ari interesti int this Leasei froml Landlord or Tenant, provided thatl Landiord will heve no obligation to1 Tenant's successor unless thet rights ari interests of1 Tenant's successor ars acquiredi ina accordance with thet ters oft this Lease. The laws oft the state of Colorado govem this Lease. The parties hereto waivet trial byi juryi in any action, proceeding or counterclaim brought! by any party(ies) against any other party(es) on any matter arising out ofo ori in any way SECIION 14: EXECUTION OFI LEASE. This Leasei may! be executed in counterparts and, when all counterpart documents are executed, the counterparts will constitute a single binding instrument Landlord's delivery oft this Lease to Tenanti is not! be deemed tol be and offer tol lease and will not bel binding upon either party until executed and SECTION 15: SURVIVAL. All representations and warranties ofLandlord and' Tenant, Tenant's indemnity under Insurance, Section 4, the provisions of Use of Premises, Section2 28 and all obligations of Tenantt top pay Additional SECTION 16: LEGAL COSTS. In any enforcement procseding brought by either party with respect to this Lease, the non-prevalling party will pay tot the prevailing partyi in suchy proceeding: all costs, including reasonable attomeys' fees and court costs, incurred by suche other party withs respect to said proceeding and any appeals therefrom. SECTION2 20: RADON. Pursuant to statel law, Tenant is herebyr notified asi follows: Radoni is ar naturally occuring radioactive gast that, wheni itl has accumulatedi ina al buildingi in suflicient quantities, may present health riskst to persons who are exposed toi itovert time. Levels ofr radon that exceed federal and state guidelines havel beent found inbulldings woridwide. Additional information regarding radon and radont testing may! be obtainedi from your county  signed! by all parties. Any other altempted amendment will be void,  other party.  connected with this Lease ort the relationship oft the parties hereunder.  delivered by both parties.  Rent hereunder, shall survive thet temmination oft this Lease.  health unit. ANDLORO  INI WITNESSI WHEREOF, the parties have duly affixed their signatures.  Dete: 1-15-22  TENANT:  Px d  Date: 715-22  7    VACGAT Lot  15  COMMERCIAL LEASE. AGREEMENT  THIS LEASE (this "Lease") dated this 151 day of December 20z3  BETWEEN:  &DColaboratiye LLCO of311 Central Ave, Dolores, CO 81323, USA  Telephone: (970)570-5441 (the "Landlord")  OF THE FIRST PART  -AND-  Kelly's] Kitchen, LLC of315 Central Ave Unit BPO1 Box 717 Dolores C081323  Telephone: (970)739-9115 (the "Tenant")  OF THE SECOND. PART  INC CONSIDERATION OF the Landlord leasing certain premises to the Tenant, the' Tenant leasing those premises from the Landlord and the mutual benefits and obligations set forthi in this Lease, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties to this Lease (the "Parties") agree as  follows: Definitions  1. When usedi ini this Lease, the following expressions will have the meanings indicated:  1. "Additional Rent" means all amounts payable by the Tenant under this Lease except Base Rent, whether or not specifically designated as Additional Rent elsewhere in this Lease; b. "Building" means all buildings, improvements, equipment, fixtures, property and facilities from time to time located at 311 Central Ave, Dolores, CO81323, USA, as from time to time altered,  expanded or reduçed by thel Landlord in its sole discretion;  "Common Areas and Facilities" mean:  i. those portions of the Building areas, buildings, improvements, facilities, utilities, equipment and installations in or forming part oft the Building which from time to time are  Page 1of13    /9  not designated ori intended' by the Landlord tol be leased to tenants oft the! Building including, without limitation, exterior weather walls, roofs, entrances and exits, parking areas, driveways, loading docks and area, storage, mechanical and electrical rooms, areas above and below leasable premises and not included within leasable premises, security and alarm equipment, grassed and landscaped areas, retaining walls and maintenance, ii. those lands, areas, buildings, improvements, facilities, utilities, equipment and installations which serve or are: for the useful benefit ofthe Building, the tenants oft the Building or the! Landlord and those having business with them, whether or not located within, adjacent to or near the Building and which are designated from time to time by the  cleaning and operating equipment serving thel Building; and  Landlord as part of the Common Areas and Facilities;  d. "Leasable Area" means with respect to any rentable premises, the area expressed in square feet ofall floor space including floor space of mezzanines, ifany, determined, calculated and certified by the Landlord and measured from the exterior face of all exterior walls, doors and windows, including walls, doors and windows separating the rentable premises from enclosed Common Areas and Facilities, ifa any, and from the center line-ofa all interior walls separating the rentable premises from adjoining rentable premises. There will be no deduction or exclusion for any space occupied by or used for columns, ducts or other structural elements; "Premises" means the commercial premises at 311 Central Ave, Dolores, CO 81323, USA and  comprises al Leasable. Area of2,940.00 square feet. "Rent" means the total ofl Base Rent and Additional Rent.  Intent of Lease  2. Itis the intent of this Lease and agreed to by the Parties to this Lease that rent for this Lease will be on agross rent basis meaning the Tenant will pay the Base Rent and any Additional Rent and the Landlord will be responsible for all other service charges related to the! Premises and the operation of  the Building save as specifically provided in this Lease to the contrary.  Leased Premises  3. Thel Landlord agrees to rent to the Tenant the commercial premises municipally described as 311 Central Ave, Dolores, CO81323, USA (the' "Premises") and comprises al Leasable Area of2,940.00 square feet. Thel Premises are: more particularly described as follows: Southeast corner of] property bordering 315 Central Ave. Rented parcel is 49 wide along the sidewalk ont the south end ofthe  Page2of13    17  property extending 60' to North ending at the power pole.  4.  The Premises will be used for only the following permitted use: Outdoor patio for selling, serving, & consuming food and both alcoholic and non-alcoholic beverages. Outdoor patio area includes modular (moveable and non-permanent) planters, bike rack, bus station, order counter, bar seating, restaurant seating, umbrellas and wood or propane fire pit are permitted. Modular storage is also permitted. (the 5. While the Tenant, or an assignee or subtenant approved by the Landlord, is using and occupying the Premises for the Permitted Use and is not in default under the Lease, the Landlord agrees not tol Lease spacei in the Building to any tenant who will be conducting in such premises as its principal business, the services of: Outdoor patio for selling, serving, & consuming food and both alcoholic and non- alcoholic beverages. Outdoor patio area includes modular (moveable and non-permanent) planters, bike rack, bus station, order counter, bar seating, restaurant seating, umbrellas and wood orj propane 6. Areasonable number of pets or animals are allowed in or about the Premises. Ifthis privilege is 7. Subject tot the provisions of this Lease, the Tenant is entitled to the non-exclusive use of the following parking on or about the Premises: Parking along Central Avenue on the street. (the "Parking"). Only  "Permitted Use").  fire pit arej permitted. Modular storage is also permitted.  abused, the Landlord may revoke this privilege upon thirty (30) days' notice.  properly insured motor vehicles may be parked in the Tenant's Parking.  Term  8. The term oft the! Lease commences at 12:00 noon on December 10, 2023 and ends at 12:00 noon on 9. Notwithstanding that the Term commences on December 10, 2023, the Tenant is entitled to 10. Should the Tenant remain inj possession oft the Premises with the consent ofthel Landlord after the natural expiration ofthisl Lease, ai new tenancy from month to month will be created between the Landlord and the' Tenant which will be subject to all the terms and conditions oft this Lease but willl be  June 30, 2027 (the "Term").  possession oft thel Premises at 12:00 noon on. June 1, 2023.  terminable upon either party giving one: month's notice to the other party. defaulted in the payment of any portion of the Rent when due.  11. Upon 90 days notice, thel Landlord may terminate the tenancy under this Lease ift the' Tenant has  Page3 of13    13  12. Upon 90 days notice, the Landlord may terminate thet tenancy under this Lease ift the Tenant fails to observe, perform and keep each and every oft the covenants, agreements, stipulations, obligations, conditions and other provisions oft this Lease to be observed, performed and kept by the Tenant and  the' Tenant persists in such default beyond the said 90 days notice.  Rent  13. Subject to the provisions oft this Lease, the Tenant will pay a base rent of$184.00, payable per month, for the Premises (the "Base Rent"), without setoff, abatement or deduction. In addition to the Base Rent, the' Tenant will pay for any fees or taxes arising from the Tenant's business. 14. The Tenant will pay the Base Rent on or before the first of each and every month oft the Term to the 15. No acceptance by the Landlord ofany amount less than the full amount owed will bet taken to operate as a waiver by the! Landlord for the full amount ori in any way to defeat or affect the rights and  Landlord.  remedies ofthel Landlord to pursue the full amount.  Use and Occupation  16. The Tenant will carry on business under the name of] Kelly's Kitchen, and will not change such name without the prior written consent oft the Landlord, such consent not to be unreasonably withheld. The Tenant will open the whole of the Premises forl business to the public fully fixtured, stocked and staffed on1 the date of commencement of the Term and throughout the Term, and will continuously occupy and utilize the entire Premises in the active conduct ofi its business in a reputable manner on such days and during such hours ofbusiness as may be determined from time to timel by thel Landlord. 17. The Tenant covenants that the Tenant will carry on and conduct its business fiom time to time carried on upon the Premises in such manner as to comply with all statutes, bylaws, rules and regulations of any federal, state, municipal or other competent authority and will not do anything on or ini the  Premises in contravention of any oft them,  18. The Tenant covenants that the Tenant will carry on and conduct its business from time to time carried on upon the Premises in such mammer as to comply with any statute, including any subordinate legislation, which isi in force now ori in the future and taking into account any amendment or re- enactment, or any government department, local authority, other public or competent authority or court of competent jurisdiction and ofthe insurers ini relation to the use, occupation and enjoyment of the Building (including in relation tol health and safety compliance with the proper practice  recommended by all appropriate authorities).  Page 4 of13    19  Option to Purchase  19. Provided the Tenant is not currently in default in the performance of any term ofthisLease, the Tenant will have the option to purchase (the "Option")t the leased premises (the "Purchase Property") and/or other property and chattels at fair market value as determined by the average of three independent appraisals made within 15 days of exercising the Option (the' "Purchase Price"). The Landlord and Tenant will each select their own appraiser. Ifthis option has been exercised, the Parties to1 this Lease may enter into a separate agreement to purchase the Purchase Property. This agreement 20. This Option may be exercised at any time after December 10, 2023 and prior to the end oft the original term oft this Lease. Upon expiration oft the Option, the Landlord will be released from all obligations to sell the Purchase Property to the Tenant. Ifthe Tenant does not exercise the Option prior to its expiration, all rents and other charges paid under thisLease will bei retained by thel Landlord, and neither party will have any further rights or claims against each other concerning the Option. 21. The Option will be exercised by mailing or delivering written notice to thel Landlord prior to the expiration oft this Option. Notice, ifm mailed will bel by certified mail, postage prepaid, to thel Landlord  will incorporate all thel key points provided in this option.  at the following address:  J&DCollaborative LLC,311 Central. Ave, Dolores, CO 81323, USA, (970)570-5441 The written notice willl be deemed tol have been given on the date shown on the postmark ofthe  envelope in which such notice is mailed.  22. The Tenant may not assign any rights under this Option separately from all ofthe Tenant's other rights under this Lease. No assignment may be made without the Landlord's prior written consent. 23. Thel Landlord warrants to the Tenant that thel Landlord is the legal owner oft the Purchase Property and has the legal right to sell the Purchase Property under the terms and conditions ofthis Lease.  24. Ifthe Option is exercised, the following provisions will be applicable:  a. The Tenant will take title to the Purchase Property subject to any of the following exceptions  (the "Permitted Exceptions"):  i. real estate taxes not yet due at the time of closing;  ii. covenants, conditions, zoning laws and ordinances, reservations, rights, public and private iii. liens or encumbrances involving an ascertainable amount that will be paid off or removed  easements then on reçord, ifa any; and  by thel Landlord upon the closing ofthis purchase.  Page 5 of13    KO  b. Unless otherwise extended by other terms oft this Lease, the closing will be! held within the latter of90 days from exercise oft the Option or the removal ofa any exceptions, outside ofthe C. Rents, real estate taxes and other expenses oft thel Purchase Property will be prorated as oft the date of the closing date. Security deposits, advance rentals or considerations involving future d. The Parties acknowledge that the availability ofi financing and purchase costs cannot be guaranteed. The Parties agree that these items will not be conditions of performance oft this Lease or this Option and the Parties agree they have not relied upon any other representations or warranties by brokers, sellers or any other parties which are not set outi in this Lease.  Permitted! Exceptions, to the title by the Landiord.  lease credits will be credited tot the Tenant.  than 30 days  from the exercise of this Option, the Landlord will provide the Tenant the  e. Nol later  following documents (the "Seller Disclosure"):  : aproperty condition disclosure, signed and dated by the Landlord; ii. acommitment for the policy oftitle insurance; and  iii. written notice ofa any claims and/or conditions known to the Landlord relating to environmental problems or building or zoning code violations. The' Tenant has 45 days from the date of receipt of the Seller Disclosure to examine thei title to the Purchase Property and to report, in writing, any valid objections. Any exceptions tot the title which would be disclosed by examination oft the records will be deemed to have been accepted unless reported in writing within 45 days. Ifthe' Tenant objects to any exceptions to the title, the Landlord will use all due diligence toi remove such exceptions at the! Landlord's own expense within 60 days. But ifs such exceptions cannot be removed within the 60 days allowed, all rights and obligations under this Option may, at the election oft the Tenant, terminate and end unless the' Tenant elects to purchase the Purchase Property subject to such exceptions.  the completion oft the closing, all rights and obligations under thel Lease (other than the  g. Upon Option) will cease to exist and the Parties will have no further rights or claims against each  other concerning the Lease.  Quiet Enjoyment  25. The Landlord covenants that on paying the! Rent and performing the covenants contained in this Lease, the Tenant will peacefully and quietly have, hold, and enjoy the Premises for the agreed term.  Page 6of13    21  Distress  26. Ifand whenever the Tenant isi in default inj payment of any money, whether hereby expressly reserved or deemed as Rent, or any: part of the Rént, the Landlord may, without notice or any form of legal process, enter upon thel Premises and seize, remove and sell the Tenant's goods, chattels and equipment from the Premises or seize, remove and sell any goods, chattels and equipment at any place to which the' Tenant or any other person may have removed them, in the same manner as if they had remained and been distrained upon the Premises, all notwithstanding any rule oflaw or equity to the contrary, and the. Tenant hereby waives and renounces thel benefit of any present or future statute or  law limiting or eliminating the Landlord's right of distress.  Overholding  27. Ifthe' Tenant continues to occupy the Premises without the written consent oft the Landlord after the expiration or other termination oft the Term, then, without any further written agreement, the' Tenant will be amonth-to-month tenant at a minimum monthly rental equal to twicei the Base Rent and subject always to all oft the other provisions of this Lease insofar as the same are applicable to a month-to-month tenancy and at tenancy from year to year will not be created byi implication ofl law.  Additional Rights on Reentry  28. Ifthel Landlord reenters the Premises or terminates this Lease, then:  such termination or the' Term thereby becoming forfeited and void, the  a. notwithstanding any  provisions oft this Lease relating to the consequences of termination will survive; b. the Landlord may use such reasonable force as it may deem necessary for the purpose of gaining admittance to and retaking possession oft the Premises and the Tenant hereby releases the Landlord from all actions, proceedings, claims and demands whatsoever for and in respect ofany such forcible entry or any loss or damage in connection therewith or consequential  thereupon;  remove, forcibly, ifnecessary, the' Tenant, those claiming under the  C. the Landlord may expel and manner oft trespass;  Tenant, and their effects, as allowed by law, without being taken or deemed tol be guilty of any d. in the event that the Landlord has removed the property oft the Tenant, the Landlord may store such property in aj public warehouse or at aj place selected by the! Landlord, at the expense oft the Tenant. Ifthel Landlord feels that it is not worth storing such property given its value and the cost to store it, then the Landlord may dispose of such property ini its sole discretion and use  Page 7of13    22  such funds, if any, towards any indebtedness of the' Tenant to thel Landiord. Thel Landlord will not bei responsible to the Tenant for the disposal of such property other than toj provide any balance oft the proceeds tot the Tenant after paying any storage costs and any amounts owed by  the Tenant tot the Landlord; Landlord  relet the Premises or  ofthe Premises for a term or terms which may  e. thel  may  any part  be less or greater than the balance oft the Term remaining and may grant reasonable concessions in connection with such reletting including any alterations and improvements to thel Premises; after reentry, the Landlord may procure the appointment ofa a receiver to take possession and collect rents and profits oft the business oft the' Tenant, and, if necessary to collect the rents and profits the receiver may carry on1 thel business of the Tenant and take possession of the personal property used in the business oft the' Tenant, including inventory, trade fixtures, and furnishings,  and use them in the business without compensating the Tenant;  the Landlord  terminate the! Lease on giving 5 days' written notice of  g. after reentry,  may  termination to the Tenant. Without this notice, reentry oft the Premises by the Landlord ori its  agents will not terminate this Lease; h. the Tenant will pay to the Landlord on demand:  i. all rent, Additional Rent and other amounts payable under this Lease up to the time of ii. reasonable expenses as the Landlord incurs or has incurred in connection with the reentering, terminating, reletting, collecting sums due or payable by the Tenant, realizing assets seized; including without limitation, brokerage, fees and expenses and legal upon fees and disbursements and the expenses ofk keeping the Premises in good order, repairing  reentry or termination, whichever is later;  the same and preparing them for reletting; and  damages for the loss of rent and other income oft the Landlord expected tol be  ili. as liquidated  derived from this Lease during the period which would have constituted the unexpired portion oft the' Term hadi it not been terminated, at the option of the Landlord, either: i. an amount determined by reducing toj present worth at an assumed interest rate of twelve percent (12%) per annum all Base Rent and estimated Additional Rent to become payable during the period which would have constituted the unexpired portion oft the Term, such determination to be made by the Landlord, who may make reasonable estimates of when any such other amounts would have' become payable and may make such other assumptions oft the facts as may be reasonablei in  the circumstances; or  Page 8of13    23  ii. an amount equal to the Base Rent and estimated Additional Rent for aj period ofs six  (6)months.  Renewal of Lease  29, Upon giving written notice no later than 60 days before the expiration of the Term, the' Tenant: may renew this Lease for an additional term. All terms oft the renewed lease willl be the same except for  any signingi incentives/inducements and this renewal clause.  Landlord Improvements  30. Thel Landlord will make the following improvements to thel Premises:  cover at the southeast corner of the property before  a. Town of Dolores will fix the man-hole opening the patio to the public..  Tenant Improvements  31. The Tenant will obtain written permission from the Landlord before doing any oft the following:  wallpapering, redeçorating ori in any way significantly altering the appearance oft the  a. painting, Premises;  b. removing or adding walls, or performing any structural alterations;  C. changing the amount of! heat or power normally used on thel Premises as well as installing d. subject to this Lease, placing or exposing or allowing tol be placed or exposed anywhere inside or outside the Premises any placard, notice or sign for advertising or any other purpose;  additional electrical wiring or heating units;  to or e. affixing dish; or  or near the Premises any radio or TV antenna or tower, or satellite  erecting upon  Premises  machinery or apparatus  E. installing or affixing upon or near the without the Landlord's prior consent.  any plant, equipment,  Utilities and Other Costs  32. TheLandlord is responsible for thej payment oft the following utilities and other charges in relation to  the! Premises: electricity, water and sewer.  Page9of13    24  Insurance  33. The' Tenant isl hereby adviséd and understands that the personal property oft the' Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss. The' Tenant is advised that, ifi insurance coverage is desired by the' Tenant, the Tenant should inquire 34. The Tenant is not responsible for insuring the Landlord's contents and furnishings in or about the Premises for either damage and loss, and the Tenant assumes no liability for any such loss. 35. The Tenant is not responsible for insuring the Premises for either damage and loss to the structure, mechanical or improvements to the Building on the Premises, and the Tenant assumes no liability for  ofTenant's insurance agent regarding a' Tenant's policy ofinsurance.  any such loss. and the Landlord.  the! Premises for  insurance for thel benefit oft the' Tenant  36. The Tenant is responsible fori insuring  liability  37. The Tenant will provide proof of such insurance to the Landlord upon request.  Abandonment  38. Ifatany time during the Term, the Tenant abandons the Premises or any part ofthel Premises, the Landlord may, at its option, enter the Premises by any means without being liable for any prosecution for such entering, and without becoming liable to the Tenant: for damages or for any payment of any kind whatever, and may, at the Landlord's discretion, as agent for the Tenant, relet the Premises, or part of the Premises, for the whole or any part of the then unexpired Term, and may receive and for difference between the Rent that would have been payable under this Lease during by the Landlord by means oft the reletting. Ifthel Landlord's right of reentry is exercised following abandonment oft the premises by the' Tenant, then the Landlord may consider any personal property belonging to the Tenant and left on1 the Premises to also have been abandoned, in which case the  any collect all rent payable by any ofthe unexpired  virtue of such reletting, and, at the Landlord's option, hold the' Tenant liable  the balance  Term, ifthis Lease had continued in force, and the net rent for such period realized  Landlord  dispose ofall such personal property in any manner the Landlord will deem proper and  may  isr relieved of all liability for doing s0.  Governing Law  39. Itis the intention oft the Parties to this Lease that the tenancy created by this Lease and the  under this Lease, and all suits and special proceedings under thisl Lease, be construed in  performance  to the exclusion ofthe law of any other forum, by the laws oft the State  accordance with and governed,  Page 10 of13    25  of Colorado, without regard to thej jurisdiction in which any action or special proceeding may be  instituted. Severability  40. Ifthere is a conflict between any provision ofthis Lease and the applicable legislation oft the State of Colorado (the' 'Act), the. Act willj prevail and such provisions oft thel Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the. Act are  incorporated into this Lease. Assignment and Subletting  41. The Tenant will not assign this Lease in whole or inj part, nor sublet all or any part ofthel Premises, nor grant any license or part with possession of the Premises or transfer to any other person in whole ori inj part or any other right ori interest under this Lease (except to aj parent, subsidiary or affiliate of the Tenant), without the prior written consent ofthel Landlord in each instance, which consent will not be unreasonably withheld so long as the proposed assignment or sublease complies with the  provisions ofthis Lease.  42. Notwithstanding any assignment or sublease, the' Tenant will remain fully liable on1 this Lease and will not be released from performing any oft the terms, covenants and conditions ofthis) Lease. 43. Ifthel Lease is assigned ori ifthel Premises or any part of the! Premises are sublet or occupied by anyone other than the Tenant, the Landlord may collect rent directly from the assignee, subtenant or occupant, and apply the net amount collected, or the necessary portion of that amount, to the rent 44. The prohibition against assigning or subletting without the consent required by this Lease will be constructed to include aj prohibition against any assignment or sublease by operation of law. 45. The consent by the Landlord to any assignment or sublease will not constitute a waiver oft the  owing under this Lease.  necessity ofs such consent to any subsequent assignment or sublease.  Bulk Sale  46. Nol bulk sale of goods and assets oft the Tenant may take place without first obtaining the written consent ofthel Landlord, which consent will not be unreasonably withheld so long as the Tenant and the Purchaser are able toj provide the Landiord with assurances, in a form satisfactory to the Landlord, that the Tenant's obligations in1 this Lease will continue tol be performed and respected, in the manner  satisfactory tot the Landlord, after completion of the said bulk sale.  Page 11of13    24p  Care and Use of Premises  47. The Tenant will promptly notify the Landlord ofany damage, or ofs any situation that may  significantly interfere with the normal use oft the Premises.  48. Vehicles which the Landlord reasonably considers unsightly, noisy, dangerous, improperly insured, inoperable or unlicensed are not permitted in the Tenant's parking stall(s), and such vehicles may be towed away at the Tenant's expense. Parking facilities are provided at the Tenant's own risk. The 49. The' Tenant will not make (or allow to bei made) any noise or nuisance which, in the reasonable opinion oft the Landlord, disturbs the comfort or convenience of other tenants. 50. The Tenant will not engage in any illegal trade or activity on or about the! Premises.  Tenant is required toj parki in only the space allotted to them.  51. The Landlord and Tenant will comply with standards ofl health, sanitation, fire, housing and safety as  required by law. Surrender of Premises  52. At1 the expiration of the leaset term, the' Tenant will quit and surrender the Premises in as good a state and condition as they were at the commencement oft this Lease, reasonable use and wear and damages  by the elements excepted. Hazardous Materials  53. The Tenant will not keep or have on1 the Premises any article or thing of a dangerous, flammable, or  character that might unreasonably increase the danger of fire on1 the Premises or that might  explosive  be considered hazardous by any responsible insurance company.  Rules and Regulations  54. The' Tenant will obey all rules and regulations posted by the Landlord regarding the use and care of  lot and other common facilities that are provided for the use ofthe' Tenant in  the Building, parking  and around the Building on1 the Premises.  General Provisions  55. Any waiver by the Landlord ofany failure by the Tenant to perform or observe the provisions ofthis Lease will not operate as a waiver ofthe Landlord's rights under this Lease ini respect of any  defaults, breaches or nonperformance and will not defeat or affect in any way the  subsequent  Page 12of13    27  Landlord's rights in respect of any subsequent default or breach.  56. This Lease will extend to and bel binding upon and inure toi the benefit ofthei respective heirs, executors, administrators, successors and assigns, as the case may be, ofeach party to this Lease. All  covenants are tol be construed as conditions oft thisLease.  57. All sums payable by the Tenant toi thel Landlord pursuant to any provision ofthis Lease will be deemed tol be Additional Rent and will be recoverable by the Landlord as rental arrears. 58. Where there is more than one Tenant executing this Lease, all Tenants arej jointly and severally liable  for each other's acts, omissions and liabilities pursuant to this Lease.  59. Timei is of the essence in this Lease.  60. Thisl Lease will constitute the entire agreement between the Landlord and the' Tenant. Any prior understanding or representation of any kind preceding the date oft thisL Lease will not bel binding on either party to this Lease except to the extent incorporated in this Lease. Inj particular, no warranties of  the Landlord not expressed in this Lease are to be implied.  IN WITNESS WHEREOF thel Parties to this Lease have duly affixed their signatures under hand and seal, or by a duly authorized officer under seal, oni this 18 day of_ Tctndhthe 2623  J&DCOlaborativel LLC(Landlord) Per: Vany ( (SEAL)  &  (Witness)  Kelly's Kitchen, LLCTenant)  Per:  ang  5  Page 13of13  @2002-2023 LawDepotcome    DRE 8404-1 (03/20/19) COLORADO DEPARTMENT OFF REVENUE Liquor Enforcement Division (303): 205-2300  23  Individual History Record  Toi be completed by thet following persons, as applicable: sole proprietors; general partners regardless of percentage ownership, and limited partners owning 10% or more of the partnership; all principal officers ofa corporation, all directors ofa corporation, and any stockholder of a corporation owning 10% or more of the outstanding stock; managing members or officers of al limited liability company, and members owning 10% or more ofi the company, and any intended registered manager of Hotel and Restaurant, Tavem and Notice: This individual history record requires information thati is necessary1 for thel licensing investigation ori inquiry. AB questions must be answered int theire entirety or thel license application mayl be delayed or denied. lfac question is not applicable, please indicate sob by" "N/A". Any dellberate misrepresentation or material omission may jeopardize the license application, (Please attach a  Lodging and Entertainment class of retail license  separate sheeti if necessaryt to enable yout to answer questions completely)  1.Name pf Business! Kelly's Kifchen LLC 2.Your Full Name (last, first, middie) qveg o Kell Gina 4.Malinga addess (iffferent from  Cellular Number 970-739-9/15 Fiulay  3.List any other names) youl have used, Kelly Emal Address  Gvagorg  reslience)  Po1 Box 717 Doloves, Co 81323 Kellyggvegorye Qmail.Cow 5.L List current residence address. Include any previous addresses within thel lasti rive years. (Altach separate sheet ifr necessary)  Street and Number  City, State, Zip  From 05/2015 present  To  Current 771 N. 8h St. Previous n/a  Tolpyes, Co 81323  6.Lista all employment within thel last five years. Include any sellemployment. (Attach separate sheeti ifr necessary) Name of Employer or Business Address (Street, Number, City, State, Zip) Position Held From Kelly's Kitchen, LC 315 Cerchol Ave  Dolovesço 81323 Owmey 06/20z0 preseit Mawcos School Dishrich 355 w. Gvand Ave Mevcos,Co 81328 Teachev 08/2019 Mpnee  To  Mowtzzua Cevtze School Dishntct Name of Relative nla  Covtez,co Position Held  400 N. El St. PDBR $1321 Teackus 08/2017 042019  7.List the name(s) of relatives working in or holding at financial interesti in the Colorado alcohol beverage industry.  Relationship to' You  Name ofLicensee  8. Have you evera applied for, held, ori had ani interest in a Colorado Liquor or Beer License, or loaned money, furniture, fixtures, equipment ori inventory to any licensee? ( yes, answer in detail.)  Oyes ANo  9. Have you ever received. a violation notice, suspension, or revocation fora al liquor law violation, or have you applied for or! been denied al liquor or beer license anywhere in the United States? (iFy yes, explain in detalil.)  Oyes No    DR8404-1 (03/20/19)  10. Have youe ever been convicted of a crime or received a suspended. sentence, deferred sentence, ori forfeited Dyes 11.Are you currently under probation (supervised or unsupervised), parole, or completing the requirements ofa 12. Have you ever had any professional license suspended, revoked, or denied? (Fy yes, explain in detail.)  bail for anys offense In criminal or  court or do have  BNo  military  you any charges pending? (Ify yes, explain in detail.)  deferred sentence? (Ify yes, explain in detail.)  Oyes ENo Dyes No  Personal and Financial Information  Unless otherwise provided byi law, the personal information required in question #13 will be treated as confidential. The personal  information reguired in question #13 iss solely fori identification purposes.  13a, Date ofBirth e.IFNaturalized, state where  Place ofE Birth Woyland WY .When Mo lo g.  d.U.S. Citizen ves ONo  g. Name of District Court  wa la  Na  h.Naturalization Certificatel Number .Datec of Certification j.fanAlien, GiveAlipn's RegisirationCardk Numberk. Permanent Residence Card Number  A  Ma  Height m. Weight n. Hair Color o.EyeColor p.Gender 5'2" 135 Bloude Gvue Fewiale R  14. Financial Information.  a. Total purchase price ori investment being made by the applying entity, corporation, partnership, limited liability company, other. b.Listt the total amount of the personal investment, made byt the person listed on question #2, ini this business including any notes, loans, cash, services or equipment, operating capital, stock purchases ori fees paid. $. 147,000.00 C. Provide details ofi the personal investment described in 14b. Your must account for ali of the sources ofi this investment.  $147,000.00  *IF corporate investment only please skip to and complete section (d)  Section b should reflect the total of sections c and e  (Attach as separate sheet ifn needed) Type: Cash, Services or Equipment Eguipment Equipment  Account Type HELOC HELDC  Bank Name  Amount  d. Provide details ofi the corporate investment described in 14 (a). You must account for all oft the sources oft this investment. (Attacha  separate sheet if needed) Equphet Equipmet  Type: Cash, Services or Equipment Loans  Account Type HELOC HELDC  Bank Name  Amount  yes yes  e.Loan Information (Attach copies of all notes or loans)  Name of Lender  Address  Term  Security dEn  Amount  Vo/oves,p  Dolores State Bank 101S.6st. 81323 Doloves Sate Bauk lo/S.6hust. Doluves,ca 81325 Doloves Sfatz Bunk 1615.6-154. Dolovese R1323  Oath of Applicant Print Signature  Ideclarelinder penals/o of deluryt that this appl lication and all attachments aret true. correct and complete to the best ofr my knowledge.  Authoed  Titie  Dite 3B Wd 3-8-24  Kdly4.Grgny Owner  57    DR4679 (09/21/06) COLORADO DEPARTMENT OF REVENUE  36  AFFIDAVIT - RESTRICTIONS ON PUBLIC BENEFITS  Kelly G Gregeny  swear or affirm under penalty of  perjury under thel laws of the State ofColorado that (check one):  lam a United States citizen.  lam not a United States citizen but lam al Permanent Resident of the United States. lami not al United States citizen butla am lawfully present in the United States pursuant  to Federal law.  lam at foreign national not physically present int the United States.  lunderstand thati this sworn statement is required byl law because Ihave applied for a public benefit. lunderstand thats statel law requires met to provide prooft thatlaml lawfully presentint thel United States priort to receipte of this public benefit. Ifurther acknowledge that making at false, fictitious, or fraudulent: statement or representation int this sworn affidaviti isp punishable under the criminal laws of Colorado as perjuryint the seconde degree under Colorado Revised Statute 18-8-503anditshallystunasepartecriminaloffenses eachtimeapublicbenentisiraudulentiyrecelved.  Signature  Date 3-8-24  95    31  Colorado Secrerary or State IDI Number: 20201869853 Document number: 20201869853 Amount Paid: $50.00  EE-Flled Date and' Time: 10/06/2020 11:42. AM  Document must be filed electronically. Paper documents arei not accepted. Fees & forms are subject to change. For morei information or to print copies offiled documents, visit www.sos.state.co.Is.  ABOVESPACEFOR OFFICEUSEONLY  Articles of Organization  filed pursuant to $7-90-301 and $ 7-80-204 oft the Colorado Revised Statutes (C.R.S.)  1.1 The domestic entity name ofthel limited liability company is  Kelly's Kitchen LLC  (The name ofa! limited liability company must contain thet term orabbreviation "limited liabiliy company". "Itd liability company", "limited! liabilityco." ", "Id. liablity co." " "limited", "ZLc.". "lc", or "Id.".See $7-90-601, CRS.)  (Caution: Thez use afcertaini terms or abbreviations are restricted! by law. Readi instructions, for morei information) 2. The principal office address oft the limited liability company'si initial principal officei is  Street address  111 North 8th Street Dolores  (Street mumber and name)  CO 81323 (State). United States (Country)  (City) (Province- fapplicable) PO Box 717 Dolores  (ZIP/Pastal Code)  Mailing address (leave blanki ifsame as street address)  (Street mmber and name orl Past Ofce Boxi information)  CO 81323 (State) United States. (Country)  (City) (Province-t #fapplicable)  P/Postal Code)  3. The registered agent name and registered agent address of thel limited liability company'si initial registered  agent are Name (ifanir individual) or (ifan entity) Street address  Gregory  Kelly (First)  Gina (Middle)  (Last)  (Suffix)  (Caution: Dor not! provide both an individual and an entity name.)  111 North 8th Street Dolores PO Box 717  (Street mmber andn name)  CO 81323 (State)  (City)  (ZIP Code)  Mailing address (leavel blanki ifsame as street address)  (Siveet member and name orl Past Oficel Boxi information)  ARTORG_LC  Pagelofs  Rev. 12/01/2012    32  Dolores  CO 81323 (Slate)  (City)  (IPCode)  Thej followings statement is adopted lymarking the box)  The person appointed as registered agent has consented to being so appointed. 4. Thet true name and mailing address oft the person forming the limited liability company are  Name (ifani individual) or (ifane entity) Mailing address  Gregory  Kelly (First)  Gina Middle)  (Last)  (Suffix)  (Caution: Donot provide both ani individual and an entity name.)  PO Box 717 Dolores  (Street mumbera andi name or Post Ofice Bori information)  CO 81323 (State) United States. (Country)  (Cipy) Pronime-Vegplahe)  (ZIP/Postal Code)  (fthefollowing: statement qpplies adopt the statement byn marking the box and inchude and attachment) The limited liability company has one ori more: additional persons forming the limited liability company andi 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 bar) one or1 morei managers. or the members.  6. (Thej following slatement is adopted by marking the box)  There is at least one member oft the limited! liability company. 7.Afthef following statement applies, adopt the statement by marking the box andi include and allachment) This document contains additional information as provided by law. significant legal consequences. Read instructions before entering a date.) The delayed effective date and, ifapplicable, time of this document is/are  8. (Caution: Leave blank ifthe document does notl have a delayed efective date. Stating a delayed efective datel has (fthe following statement applies, adopt the stalement by entering as date and, fapplicable, time using the reguiredformat)  (mm/ddiosy hourminute ampn)  Notice:  Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment ofeachi individual causing such delivery, under penalties ofj perjury, that the document is the individual's act and deed, or that thei individual in good faith believes the document is the: act and deed ofthe person on whosel behalf the individual is causing the document tol be delivered for filing, takeni in conformity with thei requirements of part 3 ofarticle 90 oftitle 7, C.R.S., the constituent documents, and the organic statutes, and1 that thei individual in good faith believes the facts stated in the document aret true and the document complies with the requirements ofi that Part, the constituent documents, and the organic statutes.  ARTORGILC  Page2of3  Rev. 12/01/2012    33  This perjury notice applies to each individual who causes this document tol be delivered to the Secretary of State, whether or not such individual ist named int the document as one who has caused itt to be delivered, 9.1 Thet true name andi mailing address of the individual causing the document to be delivered for filing are  Gregory fLast) PO Box 717 Dolores  Kelly (First)  Gina (Middle)  (Suffix)  (Street monber and name or Past Ofce Bar ingjormation)  CO 81323 (State) United States. (Conry)  (City) (Province-i fapplicable)  (ZIP/Postal Code)  (fthef following statement qpplies, adopt the statement by marking thel bord andi include an attachment,) This document contains the true name and mailing address of one or more additional individuais  causing the document to be delivered: for filing.  Disclaimer:  This form/cover sheet, and any related instructions, arei noti intended to provide legal, business or tax advice, and arei furnished without representation or warranty. While this form/cover: sheet is1 believed to satisfy minimum legal requirements as ofits revision date, compliance with applicable law, as the same may be amended from time tot time, remains thei responsibility oft thet user ofthis form/cover sheet, Questions should  be addressed tot the user's legal, business or tax advisor(s).  ARTORG_LLC  Page3of3  Rev. 12/01/2012    34  OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO  CERTIFICATE OF FACT OF GOOD STANDING I,Jena Griswold, as the Secretary of State of1 the State ofColorado, hereby certify that, according to1 the  records ofthis office,  Kelly's Kitchen LLC isa Limited Liability Company  formed or registered on 10/06/2020 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 This certificatereflects: facts established or disclosed by documents delivered toi this office onj paper through 03/07/2024 that have been posted, and by documents delivered to this office electronically through Ihave affixed hereto the Great Seal oft the State ofColorado and duly generated, executed, andi issued this official certificate at Denver, Colorado on 03/09/2024 @ 14:06:51 in accordance with applicable law.  identification number 20201869853.  03/09/2024 @ 14:06:51.  This certificate is assigned Confirmation Number 15828815  dA  gonamouale Secretary of State oft the! State of Colorado  End of Certificate*  Notice: A cerfflicate issed electronicall from the Colorado Secretary d Slate's website is fifly and immediatek: valid and erlective. However, as an option, the issuance and validity af a certificate oblained electronically may be established by visiting the Validate a certificate'so confirmation numbera displayed on the certificate, andj following thei instructions displayed. Cortirming thei sosolasertica ismerek gtional and is not necessary to the valid and elective issmance da certilicale. For more information, visit o1r website, hrpsww, coloradosos, gove click "Businesses, trademarks, trade names" ands select "Frequently AsiedQwestions."  Certificate page ef the Secretary of State's website, htps:  oradosos. gow DIE/C ertfcatesearcho riteriad do entering the    35  OPERATING AGREEMENT  OF  KELLYSKITCHEN,ILC  THIS AGREEMENT of KELLY'S KITCHEN, LLC, hereinafter referred to as The Company, made this 12 day of October 2020, and Kelly Gina Gregory is referred to herein as  Member.  NOW THEREFORE, the member hereby agrees to carry on business as a limited liability company pursuant to the Colorado Limited Liability Company Act umder the following terms and  conditions:  ARTICLEI  The member agrees to carry on the business of The Company in accordance with the Articles of Organization, filed with the Colorado Secretary of State on October 6, 2020 in  accordance with the Act above cited.  ARTICLEII  The Company has been formed for any and all legal and legitimate purposes permitted  pursuant to the Colorado Limited Liability Company Act.  ARTICLEII  The Company shall commence on October 6, 2020 and shall continue until terminated as  hereinafter provided or for aj period not to exceed thirty years, whichever occurs first.  ARTICLEIV  The Company shall retain professional and appropriate accounting services and shall direct thati its accounting records be maintained by said accountant or accountants according to responsible and consistent accounting practices and shall report its income for income tax purposes on the cash  basis method ofaccounting.  ARTICLEV  The initial capital contributions ofthe member shall be as follows:  a Kelly Gina Gregory  100%  Paqe 1    3Lo  Ani individual capital account shall be maintained fore each member.  ARTICLEVI  The fiscal year oft the Company shall be the calendar year. Net profits and net losses of the company shall be credited or charged as soon as practicable after the close of each fiscal year, to the  capital accounts oft the member in the following proportions:  a. Kelly Gina Gregory  100%  Distributions ofthe net profits or net losses ofThe Company shall bei made at least annually in the proportions specified in the first paragraph of this Article VI, unless the member determined that the reasonable needs ofthe business require that a given amount ofearnings be retained by The Company, in which case such amount may bei retained by The Company and transferred proi rata to  the member's capital account.  ARTICLE VII  The member hereby agrees that any and all non-managerial decisions that are made by the member with the member having a voice in accordance and in proportion to their percentage of ownership. Fifly-one percent ownership interest based on the capital accounts voting for or against any proposition shall be sufficient to carry the decision. A quorum for purposes ofholding any vote  shall be seventy-five percent ofthe total outstanding ownership interest.  ARTICLEVI  The member hereby agrees to retain Kelly Gina Gregory, hereinafter referred to as Manager, to provide and perform all of the management duties necessary for the smooth and successful operation ofThe Company. Manager shall perform the following duties and: functions:  a. b.  Manager shall manage and operate the business of The Manager shall maintain and keep a set of books, which can be used by The Company's accountant to perform and  Company.  prepare all necessary accounting records.  ARTICLEIX  Retirement, death, or insanity of any member shall work an immediate dissolution of The  Company except as provided herein.  Paqe 2    37  Ifa any member should desire to retire from The Company during their lifetime, they shall first offer in writing to sell their entire interest to the other members. The offer shall be based ona price determined in accordance with the provisions of the third paragraph of this Article. The selling member may not be compelled to sell less than their full interest. Ifthe offeri is not accepted by the other member within 30 days of receipt thereof, the member desiring to withdraw shall have the right to sell their interest to any other person but shall not sell such interest without giving the remaining member the right to purchase such interest at a price and on the terms offered by such  other person.  The value of the deceased or retiring member's interest for the purpose of this Agreement  shall be an amount equal to the sum oft the following items:  a.  The capital amount of the deceased or retiring member's interest as shown by the books ofThe Company at the end of the last fiscal year before their death or retirement: Plus the decedent's or retiring member's share of the profits, or less the decedent's or retiring member's share of the losses ofT The Company computed from the beginning of the fiscal year of which their death or retirement occurred to the last day oft the month in which his death or retirement occurred, and less all withdrawals during this period, and appreciation to reflect market value according to appraised value, plus any and all appreciation in the portion which is not reflected in The Company's capital accounts, but is in accordance with The Company's market value, which appreciation shall be derived  from a competent appraisal.  No value for good will, going concern, firm name, or similar intangibles, shall be included In the event oft the retirement, death, or insanity of any member, the surviving member shall have the right to continue business ofThe Company under its present name in conjunction with any  in any such computation ofthe value ofai member'si interest.  other person, or persons, they may select.  All amounts payable hereunder to a retiring member or to a legal representative of a deceased or insane member shall constitute payment for the interest of such member in The Company property and shall be considered as a distribution of The Company property under Section 736B of the Internal Revenue Code and not a payment of income under Section 736A  thereof.  Paqe 3    37  ARTICLEX  The member of The Company shall enjoy limited liability and no member shall bel liable to any party, agency, person or company for the alleged improper actions of The Company or oft the  member while acting within the scope ofcompany business.  ARTICLEXI  The operations ofThe Company shall be directed by the manager and the manager shall hire and be responsible for obtaining necessary subcontractors to fulfill the obligations, contracts and duties ofThe Company. The manager is hereby directed and authorized to subcontract with general contractors, and they shall be authorized or empowered tol hire employees for The Company.  ARTICLEXII  Checks shall be drawn on The Company bank account for company purposes only and must  be signed by the manager. Promissory notes shall require the signature ofthe manager.  The member shall have the right to manage The Company assets in furtherance of The Company purposes as they deem prudent, except as provided in Paragraph 3ofthis Article.  No member may, without consent of the other members:  a.  Borrow orl lend money on behalf ofThe Company;  b." Execute any mortgage, bond, or lease;  C. d.  Assign, transfer, or pledge any debts due, except upon Compromise any claim due to The Company or, submit to the arbitration any dispute or controversy involving The Sell, assign, pledge, or mortgage his or her interest in The  payment in full;  Company; Company;  e. f. g.  Admit aj person as ai member; ordinary business ofThe Company;  Do any act that would make it impossible to carry on the  Page 4      h. i. j.  Confess aj judgment against The Company;  Possess the Company property or assign rights in The Company property for other than The Company use; or Do any acti in contravention oft this Agreement.  ARTICLEXII  The Company shall maintain al bank account or bank accounts in such bank orl banks as the The books ofa account shall be open toi inspection by any member, or by his orl her accredited The member agrees that they will execute any further instrument and that they will perform  member may decide upon.  representative, at any reasonable time.  any acts that are ori may become necessary to effectuate and to carry on' The Company.  IN WITNESS WHEREOF, the member has signed this Agreement,  Kelly  624  Paqe 5    A.2  6  Town ofDolores Resolution No R580 Series 2024 ENSOLUM: LLC  AI RESOLUTION AWARDING A CONTRACT FOR. ASBESTOS ABATEMENT TO  WHEREAS, the Board of Trustees intends to relocate Town Hall to a new location and demolish the exiting Town Hall building and has obtained grants and authorized expenditures for  this purpose; and  WHEREAS, the Town of Dolores (the "Town") has the authority to enter into contracts WHEREAS, the Town solicited competitive proposals from qualified, reliable, insured, and insured contractors for oversight and regulatory compliance of asbestos abatement in connection with the demolition of the current Town Hall building; and,  for any lawful municipal purpose pursuant to C.R.S. $31-15-101; and  WHEREAS, after considering the selection criteria, the' Town finds that Ensolum, LLC has met the requirements as advertised to be awarded a contract, and have the best value suited to the Town's situation and purposes in the amounts stated as set forth in the proposal attached hereto as  Exhibit A.  NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES FOR  THE TOWN OF DOLORES, COLORADO:  Section 1. The Town Board of Trustees hereby awards the contract for services tol Ensolum, LLC toj provide third-party oversight during asbestos abatement activities at the current Town Hall throughout the asbestos abatement process in the amount of $10,769.00 and appropriates and authorizes the expenditure of these funds, and authorizes the Manager to execute an agreement for Section 2. This resolution shall become effective immediately upon its adoption by the Board of  these services as set forth in the proposal attached hereto as Exhibit A.  Trustees.  Passed, adopted, and approved March 25, 2024.  THE BOARD OF TRUSTEES OF THE TOWN OF DOLORES:  By:  Mayor Chris Holkestad  Attest:  Town Clerk" Tammy Neely    2  ENSOLUM  March 3, 2024 Town of Dolores Town Manager- - Leigh Reeves 420 Central Avenue, Dolores, CO 80323  Re: Proposal - Asbestos Consulting Services  Dolores Town Hall Building 420 Central Avenue Dolores, Colorado 81323  Pursuant to your request, Ensolum, LLC (Ensolum) is pleased to provide the following proposal to The Town of Dolores for asbestos consulting services at the Dolores Town Hall Building (Site Building) in Dolores, Colorado. Ensolum understands that the Town of Dolores would like to retain Ensolum to perform asbestos abatement oversight and final visual and air clearances. Ensolum's assumptions, scope of services, budget and schedule for this project are  provided int the following sections. SCOPE OF SERVICES  Ensolum proposes to provide the following scope of work: .G General Asbestos Abatement Oversight  Ensolum will provide third-party oversight during asbestos abatement activities att the Site Building throughout the asbestos abatement scope of work. Ensolum will conduct oversight on an as- needed basis. Ensolum anticipates these activities may include, but not be limited to: containmentwork area inspections, contract administration, pre-abatement meeting, weekly  progress meetings, spill responses, site walks with regulatory agencies, etc.  II. Final Visual and Air Clearances  After a general abatement contractor (GAC) completes abatement activities within a specific containment area and only the critical barriers remain, Ensolum will provide a Colorado Department of Public Health and Environment (CDPHE) certified Air Monitoring Specialist (AMS) to conduct a final visual inspection and a final air clearance in accordance with Regulation 8 Section III.P. This will include a final visual inspection as defined in Section III.P of Regulation 8 and aggressive collection of seven air samples (5 inside the containment and 2 blanks) to be analyzed via the phase contrast microscopy (PCM) method. All air clearance samples collected will be sent for overnight delivery via FedEx to Eurofins Environmental testing in Denver, All seven air samples will be analyzed for each final clearance. If the concentration of all air samples collected is below the standard of0.01 fibers per cubic centimeter (f/cc), the containment area will be deemed ready for re-occupancy by the public and/or other contractors. If any of the seven air samples collected from within the containment exceeds 0.01 flcc, the clearance will fail,  Colorado.  Ensolum, LLCI Environmental, Engineering & Hydrogeologic Consultants 776 East 2nd Avel Durango, CO 81301 lensolum.com    Proposal- - Asbestos Consulting Services Dolores Town Hall  Page 2  and the GAC will need to re-clean the containment area and thei final clearance will be repeated. Once a containment area passes af final clearance, Ensolum will provide written notice tot the GAC  and create ai final clearance letter that will contain the following items:  The name and address or location oft the structure(s) and exact location in the structure of  the work area that was cleared; The permit number; Phase of abatement (if applicable);  Date and time the final clearance standards were met; The AMS's name, signature, and certification number; and  The asbestos consulting firm name, contact information, and registration number.  COST ESTIMATES AND ASSUMPTIONS  Ensolum estimates 40 hours of abatement oversight including a pre-abatement onsite meeting for ac cost of $4,669. Abatement oversight labor will be billed on a time and material as needed basis. Ift the Town of Dolores requests additional oversight beyond the hours proposed, Ensolum will Final visual and air clearances will be completed on a unit rate basis. Based on information provided, Ensolum assumes four (4) clearance events will be required to complete the project. Ensolum anticipates the total cost to complete ONE (1) final clearance to be $1,525. This includes labor, equipment, expenses, shipping, a summary report, and laboratory analysis of seven Ensolum proposes a total cost of $10,769 to complete the above-described tasks. Table 1  discuss with the Town of Dolores prior to proceeding.  samples (including any subcontractor markup). summarizes the total proposed costs.  The cost provided is based oni the following assumptions:  For costing purposes, Ensolum assumes 40 hours of abatement oversight. Costs provided for the final visual and air clearance are provided as a unit rate cost per monitoring event with four monitoring events anticipated to complete the project. Airs samples willl be analyzed by the PCM method by an accredited laboratory. Alls seven air samples collected per containment area will be analyzed. lfacontainment areai fails thei final air clearance, additional monitoring events will be billed Each containment area will pass thei final visual inspection the first time. Ifa additional visual inspections are required, they will be billed on a time and materials basis. Ensolum will The GAC and/or the Town of Dolores will provide Ensolum with atl least 481 hours' notice for scheduling clearances. We will do our best to work with you, but we request as much notice as possible for scheduling and changes to the schedule. The containment needs tol be ready for clearance by 9:00 AMi in order to receive laboratory analytical results thei following day. Duet tot the remote location and local overnight delivery pick up times, we need enough time to complete the clearances and ship the samples out  ont the unit rate basis.  inform the Town of Dolores if this scenario arises.  of Durango by 4:00 PM at the latest.  ENSOLUM    T  Proposal - Asbestos Consulting Services Dolores Town Hall  Page 3  Ensolum will provide verbal updates and lab reports to the Town of Dolores and the GAC as they are completed and compile a summary report of all air monitoring activities.  PROJECT EXECUTION  The project will be performed in accordance with a project specific contract to be executed between Ensolum and the Town of Dolores. Ensolum will consider the receipt of a Thank you for this opportunity to offer our services. We look forward to working with you on this project. Please contact the undersigned at (970-403-6824) with any questions or for further  fully executed contract as notice to proceed. assistance with any environmental needs.  Sincerely, ENSOLUM B-W Brooke Herb Senior Geologist Attachments:  Table 1- Estimated Costs - Abatement Oversight and Final Clearances  ENSOLUM    Table 1  Estimated Costs Abatement Oversight and Final Clearances  Dolores Town Hall Building Dolores, Colorado  Task 1: Abatement Oversight LABOR Abatement Oversight  SENIOR STAFF SCEINTIST SCEINTIST 16  PRINCIPAL 2  GIS/CAD ADMIN  20  2 $62.00 $124.00  Rate $175.00 $135.00 $90.00 $90.00 Total $350.00 $2,160.00 $1,800.00 $0.00  Labor Subtotal $4,434.00 Unit Subtotal  Other Direct Costs Field Vehicle and" Tools  Qty 1  Cost $235.00 Day  Total $235.00 $235.00  Total Estimated Cost for Abatement Oversight $4,669.00  Task 2: Final Visual and Air Clearances Final Visual and/ Air Clearances Unit Rate  Qty 4  Cost  Unit  Total  $1,525.00 (Clearance $6,100.00  Total Estimated Cost for Four Clearances $6,100.00  Total Project Costs $10,769.00    1.3  DRAFT  ORDINANCE NO571 SERIES 2024  AN ORDINANCE AMENDING TITLE 13 OF THE DOLORES MUNICIPAL CODE  PERTAINING TO SEPARATE WATER AND SEWER LINES  WHEREAS, Colorado Revised Statutes, $ 31-15-401 grants general police powers to the Board of Trustees to promulgate ordinances for the health, safety, and welfare of the public, including regulation oflands owned by the' Town within its corporate boundaries.  WHEREAS, Colorado Revised Statutes, $31-35-402 grants general powers to the Board of Trustees to regulate public utilities including water, mains, and taps. promulgate ordinances for the health, safety, and welfare of the public, including regulation oflands owned by the' Town within its  corporate boundaries.  WHEREAS, therei is a need to amend the Town's ordinances pertaining to manner in which water lines and taps to the Town's customers are regulated in order to achieve an equitable and fair result for those property owners who's premises are currently served by single service line.  WHEREAS, the Board of Trustees, in order to promote the health, safety, and welfare oft the public and regulate the Town's water mains and taps and achieve a fair and equitable result for the citizens of the Town, wishes to amend Section 13.04.160 oft the Dolores Municipal Code related to  the circumstances in which separate connections are required.  WHEREAS, the additional minimum charge provide for herein is necessary to offset the financial burden to the taxpayers for increased impact tot the Town' 's water and sewer infrastructure. TRUSTEES THAT a new Chapter 13.04.160 to the Dolores Municipal Code as follows: Section 1. Dolores Municipal Code Section 13.04.010 is amended to include the following PREMISES" MEANS. ANUNDIVIDED: PROPERTY, TRACTORPARCEL OF LAND UNDER ANY TERM1 THAT IS OTHERWISE UNDEFINED INTHIS CHAPTER 13 SHALL HAVE' THE Section 2. Dolores Municipal Code Section 13.04.160 is repealed and replaced as follows:  NOW THEREFORE, BE: IT ORDAINED BY TOWN OF DOLORES BOARD OF  definitions:  ONE OWNERSHIP.  SAME MEANING AS SETI FORTH IN THE DOLORES LAND USE CODE.  13.04.160 - Separate lines required.  A. EACH PREMISES SHALL BE SERVED BY ITS OWN SERVICE LINE, AND NO CONNECTION WTH THE TOWN'S WATER UTILITY SHALL BE MADE BY EXTENDING    2  THE SERVICE LINE FROM ONE PREMISES TO ANOTHER. EXCEPT AS OTHERWISE PROVIDED HEREIN, EACH DETACHED STRUCTURE ON A PREMISES IS REQUIRED TO HAVE A SEPARATE WATER AND SEWER CONNECTION. IT SHALL BE UNLAWFUL TO CONNECT A SERVICE LINE FROM ONE PREMISES TO ANOTHER AND IT SHALL BE UNLAWFULT TOCONNECT DETACHED STRUCTURES ON THE: SAME PREMISEST TO A SINGLE SERVICE LINE. A TOWNHOME, AS DEFINED IN THE DOLORES LAND USE CODE, THAT IS CONSTRUCTED AFTER APRIL 8, 2024 SHALL BE CONSIDERED A DETACHED STRUCTURE FOR PURPOSES OF THIS CHAPTER 13 REQUIRING A  SEPARATE WATER AND SEWER LINE.  B.  WHERE DETACHED STRUCTURES ON A SINGLE PREMISES HAVE: BEEN SERVICED BY OR PIGGYBACKED ON A SINGLE SERVICE LINE ON OR BEFORE (1) A. SEPARATE MONTHLY MINIMUM FOR WATER AND SEWER USE SHALL BE (2) THIS EXEMPTION ONLY APPLIES TO SITUATIONS IN EXISTENCE AT THE TIME OF THE ENACTMENT OF THE EFFECTIVE DATE OF THE APRIL 8, 2024 (3) THE OWNER OF THE TAP SHALL BEI LIABLE FOR ALL FEES AND CHARGES ASSESSED AGAINST SAID' TAP. INTHE. EVENT THE PIGGYBACKED WATER USER FAILS TO PAY THE NECESSARY MONTHLY FEES AND CHARGES, THE TOWN SHALL TERMINATE WATER SERVICE TO THE TAP. IN ACCORDANCE WITHTHE (4) IN ADDITIONTO ANY AND ALL OTHER REMEDIES THE TOWN MAY HAVE UNDER THIS CHAPTER, THE TOWNI LEVIES A LIEN AGAINST THE OWNER OF SAID WATER TAP FOR ALL OTHER SERVICES INCURRED BY ANY PIGGYBACKED WATER CONNECTIONS AS THOUGH ASSESSED AGAINST SAID WATER TAP. (5) ALL NOTICES FOR THE DELINQUENCY OF RATES AND CHARGES CONCERNING THE PIGGYBACK CONNECTION OR THE TAP USER'S CONNECTION SHALL BE MADE DIRECTLY TO THE TAP-HOLDER IN. ACCORDANCE WITH THIS CHAPTER. THE TOWN MAY OR MAY NOT ELECT TO PROVIDE ADDITIONAL (6) THE LIEN RIGHTS AND NOTICE OF SHUT-OFF RIGHTS GRANTED TO THE TOWN UNDER THIS SECTION SHALL BE: ENFORCED AS PROVIDED IN THIS (7) THIS EXEMPTION SHALL EXPIRE WHEN THERE IS A CHANGE OF OCCUPANCY OR LEVEL3 ALTERATIONTO ANY DETACHED STRUCTURE AS DEFINED BYTHE. APPLICABLE BUILDING CODES ADOPTED UNDER TITLE 15, IN WHICH CASE. A SEPARATE MBTERED WATER LINE AND SEWER LINE SHALL BE REQUIRED TOBEI INSTALLED PRIOR TO THE ISSUANCE OF A CERTIFICATE OF C. ATTACHED ACCESORYDWELING UNITS, APARTMENTS, DUPLEXES, TRIPLEXES, COMMERCIAL PROPERTIES, HOTELS AND MOTELS MAYI BE SERVICED  APRIL 8, 2024, SUCHI USE MAY CONTINUE PROVIDED THAT: CHARGED FOR EACH SUCH ADDITIONAL CONNECTION.  AMENDMENT TO THIS SECTION.  RULES AND REGULATIONS PROVIDED BY THIS CHAPTER.  NOTICE TO THE ADDITIONAL TAP USER,  CHAPTER BY THE TOWN.  OCCUPANCY.    3  BY A SINGLE WATER AND SEWER LINE, PROVIDED THAT THE TAP. AND METER ARE SIZED AND ADEQUATE UNDER THE APPLICABLE PROVISIONS OF THE INTERNATIONAL PLUMBING CODE AND INTERNATIONAL BUILDING CODE D. RV AND MANUFACTURED HOMES PARKS: MAY BE SERVICED BY A SINGLE WATER AND SEWER LINE, PROVIDED THAT THE TAP AND METER ARE SIZED AND ADEQUATE UNDER THE APPLICABLE PROVISIONS OF THE INTERNATIONAL PLUMBING CODE. AND INTERNATIONAL BUILDING CODE ADOPTED BYTHE TOWN E. WHEN REQUIRED BY APPLICABLE PROVISIONS OF THE INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL BUILDING CODE AND INTERNATIONAL FIRE CODE ADOPTED BY THE TOWN UNDER TITLE 15, A SEPARATE SERVICE LINE  ADOPTED BY THE TOWN UNDER TITLE 15.  UNDER TITLE 15.  MAY BE REQUIRED FOR A FIRE SUPPRESSION SYSTEM. WORKS DIRECTOR AND BUILDING OFFICIAL.  F.  SUBMETERING: MAY: BE: PERMITTED UPON APPROVAL BY THE PUBLIC  G. Part of the commercial highway district located on Highway 145 (Railroad Avenue), Town ofl Dolores, electrical, water and sewer hook-ups with grease traps shall be allowed for mobile H. These electrical, water and sewer hook-ups shall not bei temporary in nature, i.e. garden hose from residential or other building hose bib or through a hose into sewer clean out or electrical extension cords from building outlets but shall bei in accordance with the exiting building electrical, plumbing codes and water and sewer ordinances of the Town ofDolores nowi in effect IF Hook-ups shall bei installed and inspected pursuant to the applicable town electriçal, building, J.These hook-ups to existing structures without the purchase of an additional water and sewer tap shall. be only when the owner of the business, which is run from the: mobile facility or trailer, is the owner oft the trailer or mobile facility and has control ofthel building through lease or K. This chapter does not authorize the temporary hook-up of food service or other trailers to existing water, sewer or electrical sources through other temporary means. Section 2. The Town Trustees hereby finds, determine, and declare that this Ordinance is promulgated under the general police power of the Town of Dolores, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Trustees further determine that the ordinance bears a rational relation to the proper legislative object sought to be Section 3. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held tol beinvalid or unenforceable, thei invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any oft the remaining provisions oft this Ordinance.  restaurant facilities.  or as maybe amended from time to time.  and plumbing codes and town water and sewer ordinances.  ownership that the mobile facility/trailer received services from.  attained.    Section 5. This Ordinançe shall take effect immediately upon adoption. The Town ofDolores Board of Trustees hereby find, determines and declares this ordinance is necessary for immediate PUBLIC. HEARING. This ordinance shall be considered for second or final reading on the 25lday of March, 2024, in the Town Board Chambers in Town Hall, Dolores, Colorado, at which time and  preservation of thel health, safety and welfare ofits citizens.  place all persons may appear and be heard concerning the same.  Passed adopted and approved on the first reading this 25th day ofl March, 2024.  DOLORES BOARD OF TRUSTEES:  By:  Mayor Chris Holkestad  By:  Town Clerk Tammy Neely  Passed adopted and approved on the second and final reading this gth day of April 2024.  DOLORES BOARD OF TRUSTEES:  By:  Mayor Chris Holkestad  Attest:  By:  Town Clerk" Tammy Neely